23.1    Item 6a

          Application    DC/21/00745

Proposal       Variation of condition 2 attached to the planning permission reference B//14/01103/FUL for: ‘The erection of 6 no. two-storey dwellings, demolition of existing commercial buildings and hard-standing and construction of private access driveway [scheme to utilise existing vehicular access to public highway.’..to allow for amended designs for dwellings on plots 5 and 6. The variation specifically seeks permission for the substitution of drawings no. 1471.04[plot 5] and1471.05 [plot 6] with new drawings.

Site Location BURES ST MARY - Former Slaughterhouse and land adjacent, Cuckoo Hill, Bures St Mary

          Applicant       Stemar Group Ltd

23.2    Councillor Lee Parker left the meeting room before the commencement of application DC/21/00745.

23.3    The Case Officer presented the application to the Committee outlining the proposal before Members including: the “as built” and “as proposed” elevations, the proposed drainage system, the contents of the tabled papers, and the officer recommendation of approval as detailed in the committee report.

23.4    The Case Officer and Chief Planning Officer responded to Members’ questions on issues including: the ground heights, the proposed drainage, and the wall heights.

23.5    Members considered the representation from the Parish Council representative Gill Jackson.

23.6    The Parish Council representative responded to Members’ questions on issues including: the differences between the previous proposal and the current proposal.

23.7    Members considered representation from the Agent Barry Whymark.

23.8    The Agent responded to Members’ questions on issues including: the drainage on the site, the public impact of the site, and the building control inspector.

23.9    Members debated the application on issues including: heritage issues, the proximity of the site to the conservation area, and the disruption to the public.

23.10  Councillor David Busby proposed that the application be approved as set out in the officer recommendation with the additional condition as follows:

-       Amend obligation 4: repair /replace Garden walls which shall be waterproofed to an appropriate standard

-       Amend condition 3; Submission of an inspection protocol requiring that the Council has 10 working days prior written notice of the start of roof alteration, levels and walling works to allow for measuring compliance and compliance checking by the LPA. The protocol shall include measures for the giving of concurrent notice to the Parish Council in the interests of transparency.

23.11  Councillor Sue Ayres seconded this motion.

23.12  With 9 votes for and 1 against.

It was RESOLVED: -

That delegated authority be given to the Chief Planning Officer to GRANT conditional planning permission subject to the prior receipt of a suitable binding Section 106 planning obligation that in his opinion satisfactorily secures:

1. An agreed partial demolition schedule; and,

2. A commitment to lower rear garden levels as described on the amended drawings; and,

3. A commitment to repair /replace the damaged garden walls between

White Horse House and plot 6 subject to the owner’s agreement; and,

4. A commitment to properly repair the damaged brick end wall of the rear wing of White Horse House in a manner sympathetic to a listed building repair; and,

5. An agreed partial demolition, rebuild, commencement and completion timetable for the above 1-4; and,

6. Appropriate and absolute rights to enter, carry out and complete such work in the event that the applicant / developer fails to do so in

accordance with the timetable; and,

7. A secure financial bond to the satisfaction of the Chief Planning Officer that the Council can draw down to undertake such work as may be required itself to monitor and implement the planning permission in the event of the applicant/developer defaulting or failing to follow the agreed timetable. [any additional reasonable costs to be recoverable]. That bond to be £250,000; and,

8. An appropriate charge upon the Land Register title to require the consent of the LPA to any transfer of either plot subject to the recovery of its costs in monitoring and carrying out / complete works to implement the planning permission.

Conditions shall include (and having regard to those existing conditions which would need to be reimposed where relevant):

1. Implementation in line with Unilateral Undertaking timetable where agreed with BDC

2. The submission [prior to commencement of rebuilding work] of an inspection protocol that requires the developer to give the Council 10 days advanced written notice of roof construction commencement and that requires the Council’s Enforcement Service to visit the site, measure ridge height and other key measurements and that development only continue once the Council has notified the developer in writing that the construction heights accord with the planning permission

3. Materials to be further agreed4. Contamination reporting

5. Surface water drainage details

6. Removal of all residential Permitted Development

For the avoidance of doubt this will include:

·       sheds and out-buildings

·       the construction of fences walls or other means of enclosure along any part/s of the rear boundary between plots 5 and/or 6 and adjacent dwellings in Cuckoo Hill that are not hereby permitted

·       the ability to insert any additional window/s or other aperture/s in any part/parts

of the dwelling/s including dormers skylights or any other such opening [even if fixed in sense the sense of the feature itself not being openable] into any part/s of any roof slope shown on the drawings hereby approved.

• Increase the ridge and/or eaves height
• Add an additional storey

7. The requirement to implement and retain in perpetuity the amended ground levels on the amended drawings to the rear of White Horse House and for the garden area between the rear patio to the house on plot 6 and the rear boundary with any existing property/properties in Cuckoo Hill.

8. the submission and approval of a boundary treatment schedule for the boundary between plot 6 and White Horse House that addresses the need to resolve cracking issues in the existing blockwork; [such detail as shall have been agreed being required to be implemented in accordance with a pre-agreed timetable]

9. implementation and inspection [by the Council’s Enforcement Service] of lowered garden levels prior to occupation

10. notwithstanding such detail as may have been submitted, [previously approved [or constructed] further details of the boundary treatment between plot 6 and the access road being further agreed and implemented prior to occupation.

11. Further planting details to be further submitted and agreed

12. Prior to occupation Resurfacing of the access road from Cuckoo Hill into the Apple Tree Mews development to a standard that shall have first been agreed in writing with the Council

With the additional conditions of:

-       Amend obligation 4: repair /replace Garden walls which shall be waterproofed to an appropriate standard …

-       Amend condition 3; Submission of an inspection protocol requiring that the Council has 10 working days prior written notice of the start of roof alteration, levels and walling works to allow for measuring compliance and compliance checking by the LPA. The protocol shall include measures for the giving of concurrent notice to the Parish Council in the interests of transparency.