MID SUFFOLK DISTRICT COUNCIL

Transcription

1 MID SUFFOLK DISTRICT COUNCIL Minutes of the Meeting of the MID SUFFOLK DEVELOPMENT CONTROL COMMITTEE B held at the Council Chamber, Mid Suffolk District Council Offices, High Street, Needham Market on Wednesday, 12 July 2017 PRESENT: Councillor: Kathie Guthrie - Chairman Councillors: Michael Burke Jessica Fleming Barry Humphreys MBE John Levantis Wendy Marchant Keith Welham Gerard Brewster Roy Barker Lavinia Hadingham In attendance: Senior Development Management Planning Officer (JPG) Development Management Planning Officer (JP/RB) Legal Business Partner (JH) Governance Support Officer (VL/RC) 19 APOLOGIES FOR ABSENCE/SUBSTITUTIONS Councillors Gerard Brewster and Lavinia Hadingham were substituting for Councillors Jane Storey and Julie Flatman. 20 TO RECEIVE ANY DECLARATIONS OF PECUNIARY OR NON-PECUNIARY INTEREST BY MEMBERS Councillor Roy Barker declared a non-pecuniary interest in applications 4909/16 and 4911/16 as he knew the land owner. 21 DECLARATIONS OF LOBBYING It was noted that members had been lobbied on applications 4909/16 and 4911/16 and that Councillor Gerrard Brewster had been lobbied on application 4556/ DECLARATIONS OF PERSONAL SITE VISITS It was noted that Councillors Gerard Brewster, Lavinia Hadingham and Keith Welham had undertaken personal site visits on applications 4909/16 and 4911/ SA/17/3 - CONFIRMATION OF THE MINUTES OF THE MEETING HELD ON 14 JUNE 2017 The minutes of the meeting held on the 14 June 2017 were confirmed as a correct record subject to an amendment to page 7, second paragraph to include Councillor 1

2 Wendy Marchant requested that a contribution be provided towards improved access to the railway station. She further requested that Members undertake a site visit. 24 TO RECEIVE NOTIFICATION OF PETITIONS IN ACCORDANCE WITH THE COUNCIL'S PETITION SCHEME None received 25 QUESTIONS BY THE PUBLIC None received 26 QUESTIONS BY COUNCILLORS None received 27 SA/17/4 - SCHEDULE OF PLANNING APPLICATIONS Schedule of Planning Applications Application Number Representations from 4556/16 Chris Matthews (Objector) Martin Ingham (Agent) 4909/16 Peter Dow (Elmswell Parish Council) Rob Duckett (Objector) Nicky Parsons (Agent) Robert Evans (Transport Consultant) 4911/16 Peter Dow (Elmswell Parish Council) Rob Duckett (Objector) Nicky Parsons (Agent) Robert Evans (Transport Consultant) Item 1 Application 4556/16 Proposal Hybrid planning application consisting of full permission for the erection of 48 dwellings and outline planning permission for 3 commercial units (1 no. Class A3, 1 no. Class A4 and 1 no. Class A3/A5) with appearance and individual plot landscaping as reserved matters. Site Location STOWMARKET Phase 3D Cedars Park, Land south of Gun Cotton Way, IP14 5EP Applicant Mrs. H Haydon The Case Officer updated members that full drainage plans had been submitted and continued by presenting the application to the committee. It was noted that an amended recommendation was contained in the tabled papers. 2

3 Members raised questions about the ownership of the trees along the southern boundary of the site and were advised by the Case Officer that they were outside the boundary of the site but would be protected under the Tree Protection Plan. Councillor Keith Welham enquired about delivery vehicles entering the commercial part of the site. The Case Officer responded by answering that highways had no objection and that this could be managed in a safe way. The Case Officer in response to Members questions about the distance to the sewage treatment works answered that the Environmental Health Department were satisfied with the level of impact. Chris Matthews from Climax Molybdenum, Objector, raised concerns that there might be complaints from houses on the south of the proposed site regarding industrial noise. Members questioned the Objector on the hours of operation on the site as well as what operations are undertaken on the industrial site. Martin Ingham, the Agent, said that the dwellings on the southern boundary of the site would have acoustic fencing and that there would be protective glazing on the dwellings. The Agent continued by stating that the industrial noise was not audible from the application site and that advanced negotiations had been undertaken with the end users of the proposed 3 commercial units. Councillor Dave Muller, Ward Member, said that he had received no objections from residents but he was concerned about the commercial units and litter that would be produced by the site. Councillor Dave Muller responded to Members queries regarding the operational time of Tesco s on Gun Cotton Way and whether there had been any complaints. Councillor Barry Humphreys MBE, Ward Member, said that the district needed homes, jobs and amenities and that he had not received any objections regarding Climax Molybdenum. He said that the land had been vacant for 19 years and that he supported the proposal. Members debated the application on how the mixed use would complement the existing commercial units and residential dwellings and how the acoustic fencing bordering the southern edge of the site would be under the control of future residents. Councillor Keith Welham raised concerns that the new development out of Stowmarket would detract from the town centre and that residents would be driving into the town. Councillor Gerrard Brewster said that the design was good for the area and proposed the recommendation as per the officer recommendation which was seconded by Councillor John Levantis. By a unanimous vote Decision 3

4 1) That authority be delegated to Corporate Manager - Growth & Sustainable Planning to Grant Full Planning Permission for 48 dwellings and Outline Planning Permission for three commercial units of A3, A4 and A3/A5 use, subject to the prior completion of a Section 106 to secure the following heads of terms and that such permission be subject to the conditions as set out below: Section 106- * Secure the provision of affordable housing as submitted with the application * Secure contribution towards funding free school transport * Land Management details * Reptile Mitigation Strategy * Travel Plan and Contributions towards * Secure the provision of the commercial units alongside the residential units. Conditions relating to the Outline element- * Standard time limit for outline * Submission of Reserved Matters * Accord with approved plans * Materials to be agreed * Prior to occupation provision of new footway/cycleway to be installed * New Access relating to commercial site to be provided prior to first use * Details of estate roads and footpaths relating to commercial site to be agreed and implemented * No unit occupied until road serving that unit is provided * Surface water drainage scheme in accordance with the Flood Risk Assessment shall be agreed and implemented * Details of the implementation, maintenance, and management of the surface water drainage scheme to be agreed and implemented, managed and maintained in accordance with the approved details. * Prior to occupation, details of all the Sustainable Drainage System to be submitted. * Prior to commencement, details of construction surface water management plan to be agreed and implemented in accordance with the approved details. * Mitigation measures in noise assessment to be installed and thereafter retained prior to occupation. * Construction Management Plan to be agreed and implemented accordingly. * Construction working hours to be between 08:00 to 18:00 Monday to Friday and 08:00 to 13:00 Saturdays with no works on Sundays or bank holidays * Concurrent with Reserved Matters details of sustainable construction measures including renewable technology to be agreed an implemented * Compliance with Ecological Management Plan received 07 November 2016 and additional notes received 19 April

5 * Reptile Mitigation Strategy to be agreed and implement prior to commencement *Prior to occupation lighting to be agreed and implemented. No other lighting to be installed accept for the agreed details- including signage lighting. Conditions relating to the Full element- * Time limit condition * Accord with approved plans * Materials to be agreed * Prior to occupation provision of new footway/cycleway to be installed * New Access relating to commercial site to be provided prior to first use * Details of estate roads and footpaths relating to residential area to be agreed and implemented * No unit occupied until road serving that unit is provided * parking to be provided prior to first use and thereafter retained * Fire Hydrants to be agreed and implemented * Tree Protection Measures to be implemented * Detailed soft landscaping plan and specification to be agreed (including details of the bund) * Implement soft and hard landscaping as agreed * Hard landscape material plan and specification to be agreed and implemented * Boundary Treatment Plan and specification to be agreed and implemented * Landscape Management Plan to be agreed and implemented thereafter * Strategy for the disposal of surface water and Flood Risk Assessment * Details of all sustainable urban drainage system components and piped networks to be submitted prior to the occupation of 22nd dwelling or as agreed in writing with the council and implemented in accordance with the approved plans. * Prior to commencement details of a construction surface water management plan shall be agreed and implemented. * Mitigation measures in noise assessment to be installed and thereafter retained prior to occupation. * Construction Management Plan to be agreed and implemented accordingly. * Construction working hours to be between 08:00 to 18:00 Monday to Friday and 08:00 to 13:00 Saturdays with no works on Sundays or bank holidays * Compliance with Ecological Management Plan received 07 November 2016 and additional notes received 19 April * Reptile Mitigation Strategy to be agreed and implement prior to commencement * Prior to occupation lighting to be agreed and implemented. No other lighting to be installed accept for the agreed details. 5

6 2) That, in the event of the Planning Obligation referred to in Recommendation (1) above not being secured the Corporate Manager - Growth and Sustainable Planning be authorised to refuse Planning Permission, for reason(s) including- * Inadequate provision of infrastructure contributions which would fail to provide compensatory benefits to the sustainability of the development and its wider impacts, contrary to Policies CS6 of the Core Strategy. Item 2 Application 4909/16 Proposal Outline Planning Permission sought for the erection of 38 dwellings with associated vehicular and pedestrian access Site Location ELMSWELL AND NORTON Land east of Warren Lane and west of Cresmeadow Way Applicant Endurance Estates Strategic Ltd. The Case Officer introduced the application commenting that it was within the settlement boundary of Elmswell and the proposed site access would be on Warren Lane. The meeting was then adjourned whilst the Chairman took Legal advice on the application. The Chairman announced that the application would have to be deferred due to a technical issue on page 127 which states 38 dwellings and is referred in other parts of the report as up to 38 dwellings. Decision Deferred The description of development was found not to be in accordance with the proposal and needs to be reviewed to ensure a sound decision can be made. The Application will return to Committee once necessary checks and corrections are made. Note: Councilor Humphreys MBE left the Committee Meeting. Item 3 6

7 Application 4911/16 Proposal Outline planning permission for the development of up to 240 dwellings with associated works including vehicular and pedestrian accesses, pedestrian links, infrastructure, open space, landscaping, community parkland and green infrastructure. Site Location ELMSWELL Land adjacent to Wetherden Road, IP30 9DG Applicant Endurance Estates Strategic Ltd. The Case Officer introduced the application for up to 240 dwellings and reported that 85 objections had been lodged and that the recommendations had been updated in the tabled papers. The Case Officer responded to Members questions that the existing hedging would be maintained but the detail of this would be submitted within the reserved matters. Steve Merry, representative from Suffolk County Council Highways Authority, also responded to Members queries regarding the possibility of a 30 MPH limit along the Wetherden road but that it did not allow for any behaviour control for speeding to be implemented. Members also asked how additional school places would be provided due to the capacity of the current school. The Case Officer responded that any extension to the school would be paid for by a CIL contribution and if a new school was needed it would be secured through a S106 agreement. Peter Dow, Elmswell Parish Council, reminded the Committee that 85 objections had been received. He said the village was faced with an onslaught of applications and the infrastructure could not cope. He said an overview of all applications was needed to ensure fair consideration and concluded by asking the committee to reject the application as it would cause serious adverse impact. Members questioned Mr Dow on the progress of the neighbourhood plan to which he confirmed that it was six months away from a draft copy. John Pateman-Gee, The Senior Development Management Officer, said that the neighbourhood plan should not be given any significant weight due to the limited development of the plan. Rob Duckett, Objector, outlined how the local primary school was already over capacity and that traffic concerns had been raised around the Wetherden Road as well as risks of flooding. He said that the residents were at a disadvantage as other communities had seen planning applications grouped together and that proportionality should be applied to deciding where applications were approved. The Senior Development Management Officer said that the committee had to deal with the application on its individual merits and any future applications would be decided on an individual basis. Nicky Parsons, Agent, said that the development would provide a significant increase for Mid Suffolk s 5 Year Land Supply and would create an upgraded route 7

8 for the current rights of way as well as biodiversity improvements. Robert Evans, Transport Consultant, said that a comprehensive traffic assessment had been undertaken and that the highways impact has been assessed and that the original comments from Suffolk County Council Highways department had not changed. The agent and the Transport Consultant responded to Members queries about the rights of way for the bridleway as well as the suitability for using cycles. Sarah Mansel, Ward Member, said that the proposal provided very little for Elmswell and that the infrastructure would be unable to cope with the proposed development. She said that any travel plan provided would not work as people would use their cars to drive to the community centre and she could not support the application as the only benefit would be to the 5 year land supply. John Levantis, Ward Member, said that Elmswell is a village of 3000 people with a significant history and that the village was not against development but that the scale of the application was inappropriate. He urged the Committee to satisfy the conditions to limit the impact on the community. He concluded that as he was unable to find a reason to make a proposal against the application that he would support the application. Rachel Eburne, local Ward Member, said that she was attending and speaking on behalf of Wetherden as the development would have an impact upon the village. She continued by outlining that there were concerns about traffic and that Wetherden Parish Council would like to see an extension of the 30MPH limit along Wetherden Road. Councillor Jessica Fleming queried whether there was any capacity at Elmswell railway station for parking to which Sarah Mansel, Ward Member replied that there was no parking and that the trains run on an hourly basis. Councillors debated the outline application on how the land had always been noted for development as well as how the application would have a negative impact on the southern edge of the village as well as the need for infrastructure improvements for settlements along the A14 Corridor. Members debated whether the CIL contribution could be used to improve the railway links to which the Senior Development Management Officer explained that Network Rail could bid for a CIL contribution to improve infrastructure but Members could not impose improvements and funding to Network Rail as a third party. Members generally found the application acceptable but some concerns were expressed regarding the impact on the landscape and that the development would be sustainably unacceptable. Councillor Roy Barker proposed that the application should be granted with the additional condition that the development be no higher than two storeys and an increase of obligations for highway review to fifteen thousand pounds from ten 8

9 thousand pounds to enable the entire distance from Wetherden to the current 30MPH in Elmswell to be considered for speed reductions. Councillor Gerard Brewster seconded the proposal with the added conditions. By 5 votes to 3 Decision 1. That the Corporate Manager for Growth and Sustainable Planning be authorised to secure a planning obligation under Section 106 of the Town and Country Planning Act, 1990, to provide:- 35% Affordable Housing 15,000 towards an order to extend the 30mph speed limit for raised bus stop kerbs and 6,000 for a bus shelter and base. Upgrade of Public Footpaths 20 and 21 to bridleway (cost to be confirmed by Planning Officer) 1,000 per annum from occupation of the 100th dwelling for a minimum of five years, or one year after occupation of the final dwelling, whichever is longest. This is to cover Suffolk County Council officer time working with the Travel Plan Coordinator and agreeing new targets and objectives throughout the full duration of the travel plan. Travel Plan Implementation Bond, or cash deposit - 165,430 ( 689 per dwelling based on the estimated cost calculated by Suffolk County Council of fully implementing the travel plan). This is to cover the cost of implementing the travel plan on behalf of the developer, if they were to fail to deliver it themselves. Implementation of the Interim Travel Plan (when approved). Provision of an approved welcome pack to each dwelling on first occupation. Approval and full implementation of the Full Travel Plan Monitoring the Travel Plan for a minimum of five years, or one year after occupation of the final dwelling, whichever is longest Securing and implementing remedial Travel Plan measures if the vehicular reduction targets are not achieved, or if the trip rate in the Transport Assessment is exceeded when the site is occupied Details of provision, future management, and maintenance of open space, including public open space 2. That, subject to the completion of the Planning Obligation in Resolution (1) above, the Corporate Manager for Growth and Sustainable Planning be authorised to grant Planning Permission subject to conditions including: - Time limit for reserved matters (standard) Definition of reserved matters Approved plans Quantum of residential development fixed to a maximum of 240 no. dwellings Details of external facing materials 9

10 Proposed levels and finished floor levels details Hard landscaping scheme (including boundary treatments and screen/fencing details) Soft landscaping scheme (including identification of existing trees and planting and tree protection measures). Details of surface water drainage scheme Details of implementation, maintenance, and management of surface water drainage scheme Details of sustainable urban drainage system components and piped networks Details of construction surface water management Details of foul drainage Contaminated Land Investigation Programme of archaeological investigation and post investigation assessment Energy Statement Fire hydrant provision details Arboricultural Method Statement Details of ecology enhancement measures Development to be completed in accordance with ecology details External Lighting details Traffic Regulation Order Secured Details of the estate roads and footpaths Parking, maneuvering, and cycle storage details Details of a construction management plan Details of the areas to be provided for storage of refuse/recycling Surface water discharge prevention details Provision of estate roads junctions Provision of visibility splays Highway improvements Provision of carriageways and footways Completion of pedestrian crossing Development no higher than 2 storeys 3. That, in the event of the Planning Obligation referred to in Resolution (1) above not being secured the Planning Lead - Growth and Sustainable Planning be authorised to refuse Planning Permission, for reason(s) including:- Inadequate provision of infrastructure contributions which would fail to provide compensatory benefits to the sustainability of the development and its wider impacts, contrary to the development plan and national planning policy. 10