Agenda item

Report No: DEV/FH/16/005

Conversion of former nightclub to residential use (36 dwelling units including 2 affordable units) and 290 square metres of office space, a detached block of 10 affordable housing apartments and ancillary parking (as amended by drawings received 19 October 2015).

Conversion of former nightclub to residential use (36 dwelling units including 2 affordable units) and 290 square metres of office space, a detached block of 10 affordable housing apartments and ancillary parking (as amended by drawings received 19 October 2015).

This application was referred to the Development Control Committee because it was for a ‘major development’ and raised issues which were in the public interest.

A number of comments had been received from statutory consultees and third parties.  A Member site visit had been held prior to the meeting and Officers were recommending that the application be approved as set out in Paragraph 178 of Report No DEV/FH/16/005.

The Principal Planning Officer – Major Projects advised that since publication of the agenda amended plans had been submitted by the applicant showing an altered layout to the affordable units and the Council’s Housing Team had confirmed the acceptability of the amended layout.

The Committee’s attention was drawn to the percentage of affordable housing provided by the development, which fell below the Council’s desired 30%.  The Officer explained that a financial contribution in lieu of the additional affordable units could be secured through the Section 106 agreement.

Secondly, it was also highlighted to Members that given the urban location Suffolk County Council considered the reduced parking provision for the development (1 per dwelling and 5 for the office space) to be acceptable.

The Officer also explained that the former De Niros nightclub building was re-listed as an Asset of Community Value (ACV) in January 2016 (following an initial nomination in September 2015) and a further review was requested by the building owner.  The outcome of this review was expected within the next week.

The Committee were advised that further comments had been received from the West Suffolk Tree and Landscape Officer, further to those set out in the report at Paragraph 47.  The Tree and Landscape Officer was now satisfied that with conditions (as included at Paragraph 178) the impact on the existing trees within the neighbouring Memorial Gardens could be managed and that any direct damage would not cause unacceptable harm.  Hence, they were no longer objecting to the application.

The Planning Officer added that the applicant had offered to provide a tree planting scheme and was currently in discussions with Newmarket Town Council (as owners of the Memorial Gardens) to facilitate this.

Lastly, the Case Officer drew attention to two additional items that needed to be added to the recommendation in Paragraph 178:

1.   Section 106 agreement to include a contribution to Newmarket Railway Station (this had been mistakenly omitted); and

2.   An additional condition to be included for details of levels.

A number of Members raised concerns with regard to the effects the construction could have on both the trees within the Memorial Gardens and the usage of the neighbouring Grosvenor Yard car park. 

The Principal Planning Officer – Major Projects explained that the Highways Engineer considered there to be sufficient space within the site for construction vehicles without compromising the car park.  Furthermore, a condition had been included within the recommendation for a Construction Management Plan to be submitted.

In response to a number of comments with regard to the former usage of the building as a nightclub the Service Manager (Planning – Development) reminded the Committee that the application before them was to be considered on its own merits; irrespective of the former use.

It was moved by Councillor Chris Barker, seconded by Councillor Louise Marston and with 8 voting for the motion, 2 against and with 1 abstention it was resolved that:

Planning permission be GRANTED subject to:

1.   The completion of a Section 106 agreement to secure the following (subject to meeting the CIL Reg 122 tests):

Ø  Affordable housing – 30% provision (12 units on site provision and off site financial contribution in respect of 1.8 units).

Ø  Primary school contribution - £48 724.

Ø  Pre school contribution - £12 181.

Ø  Open space contribution – to be confirmed.

Ø  Libraries contribution - £7 776.

Ø  Highway improvement works contribution - £4 000.

Ø  Newmarket Railway Station contribution – £500 per dwelling

In the event that there are any substantive changes to the Section 106 package, then this will go back to Members for consideration.

2.   And the following conditions:

1.   Time

2.   Compliance with approved plans.

3.   Highways – details of proposed access (including gates).

4.   Highways – details of areas to be provided for storage of refuse/recycling bins.

5.   Highways – set back of gates.

6.   Highways – details of manoeuvring and parking of vehicles.

7.   Highways – details of secure motorcycle and cycle storage.

8.   Surface water management strategy.

9.   Archaeology – investigation and post investigation assessment.

10.        Contamination – further investigative work if found.

11.        Construction management plan.

12.        Details of boundary treatment.

13.        Samples of materials.

14.        Scheme of hard and soft landscaping, including tree planting.

15.        Tree protection.

16.        Details of works to trees.

17.        Detailed arboricultural method statement and tree protection plan.

18.        Tree planting scheme.

19.        Waste minimisation and recycling strategy.

20.        Details of site levels.

Speaker:          Mr Don Proctor (agent) spoke in support of the application.