Minutes:
9.1 Item 8A
Application 1856/17
Proposal Outline planning application (with all matters reserved except for access and spine road) for phased development for the erection of up to 269 dwellings and affordable housing, together with associated access and spine road including works to Church lane, doctors surgery site, amenity space including an extension to the church grounds, reserved site for pre-school and primary school and all other works and infrastructure (amended description).
Site Location BARHAM- Land North West of, Church Lane, Barham, Suffolk
Applicant Pigeon investment management Ltd and Mr John Cutting
9.2 Prior to the commencement of the application Councillor James Caston left the meeting for application 1856/17 only.
9.3 The Case Officer presented the application to the Committee outlining the proposal before Members, the layout of the site, the previous resolution of the committee, the contents of the tabled papers, and the officer recommendation of approval.
9.4 It was noted during the Case Officers presentation that a two minutes silence was observed at 11:00 for Holocaust Memorial Day.
9.5 A short comfort break was taken between 11:09- 11:14.
9.6 The Case Officer and Senior Development Management officer responded to Members’ questions on issues including: the proposed highways changes, any possible congestion created by the development, and the Transport assessment for the proposal.
9.7 The Development Contributions Manager responded to Members’ questions on issues including: the schooling requirement in the area and the level of growth that had been identified in the area.
9.8 The Case Officer responded to further questions from Members on issues including: the access points for the site and the associated visibility splays, and any loss of hedgerow as a result, the storey height of any proposed dwellings, cycling provision and pathways in the area, CIL funding that would be generated from the proposal, that the meadow was not public land but that there would not be a physical boundary or fence surrounding it, and the correspondence with the Church.
9.9 Members considered the representation from Chris Pattison of Barham Parish Council.
9.10 The Parish Council representative responded to Members’ questions on issues including: the proposed meadow, whether any other sites in the parish had been considered, the number of dwellings in the parish, and the results of a household survey that had been conducted.
9.11 Members considered the representation from Jeremy Lea who spoke as an objector.
9.12 The Objector responded to Members’ questions on issues including the response received from the Church, and proposed funds allocated in the S106 agreement.
9.13 Members considered the representation from Simon Butler-Finbow who spoke as the Agent.
9.14 The Agent responded to Members questions on issues including: the pre-school and primary school site, the market mix of proposed housing, pedestrian and cycle links to the site, the attenuation pond, the proposed meadow, and the detailed design of the buildings being submitted through reserved matters.
9.15 Members considered the written representation from Councillor Tim Passmore which was read out by the Chair.
9.16 Members considered the representation from Councillor John Whitehead, Ward Member, who spoke against the application.
9.17 The Chief Planning Officer, Case Officer and Professional Lead – Key Sites and Infrastructure Delivery Manager responded to Members’ questions on issues including: that the Council had received advice from the Clinical Commissioning Group (CCG) and that Community Infrastructure Levy (CIL) bids were a Cabinet Decision.
9.18 Members debated the application on the issues including: the representation from the parish council, the village green, the ecology response and impact including the proposed meadow, the allocation in the Draft Joint Local Plan, the sustainability of the site, public transport links, archaeological issues, the impact on the A14 junction, the orientation of the proposed dwellings, the loss of existing hedges and vegetation, and the links for the pedestrians and cyclists.
9.19 Members continued to debate the application on the issues including: the impact on healthcare provision, the proposed use of the land including for schooling provision, and the impact of the development on the local community.
9.20 Councillor Dave Muller proposed that the application be approved as detailed in the officer recommendation with the additional condition as follows:
Design Code S106 obligation
- Prior to the submission of the first Reserved Matter a Design Code shall be submitted to the Local Planning Authority (LPA) for agreement.
- Prior to the submission of the design code a programme of community engagement on that Code which shall itself have been the subject of consultation with Claydon and Barham’s Parish Council’s shall be submitted to the LPA for agreement.
- The Design Code shall demonstrate the foreseeable reduction in Carbon emissions which the proposed design will enable and the measures which are expected to optimise opportunities for sustainable travel including walking, cycling and public transport.
- The Design Code shall establish a design approach for the site and the Reserved Matters having regard to the expectation for good design and planning for climate change in the NPPF 2019 and in particular those measures taken to ensure that development delivers sustainable development, create better places in which to live and work and help make the development acceptable to present and future communities.
- Secure cycle parking in S106 agreement for car park proposed within church grounds extension.
- Ensure proposed market housing mix condition includes requirement for market housing mix to be in broad compliance with the indicative housing mix set out in paragraph 9.4 of the committee report, unless housing market needs evidence is submitted to indicate otherwise.
9.21 Councillor Barry Humphreys seconded the motion.
9.22 By 8 votes to 4.
9.23 RESOLVED
That the application is GRANTED planning permission and includes the following conditions:-
(1) Subject to the prior agreement of a Section 106 Planning Obligation on appropriate terms to the satisfaction of the Chief Planning Officer as summarised below and those as may be deemed necessary by the Chief Planning Officer to secure:
- Affordable housing
o This shall include not less than 35% of total dwellings
o Properties must be built to current Homes England requirements and NDSS 2015 and Lifetime-Homes standards
o The council is granted 100% nomination rights to all the affordable units on first lets and 75% on subsequent lets.
o The affordable units will be built out in phases across the development to be agreed at Reserved Matters stage if the outline application is approved. The indicative plan showing the location of the affordable homes is seen as acceptable with dwellings distributed across the site.
o Shared Ownership units to a maximum initial share purchase threshold to be agreed through S106
o Affordable housing units must be transferred freehold to an approved RP or to the district Council.
o Where there are more than 15 affordable units, they should not be located in clusters of more than 15 units.
o Adequate parking provision is made for the affordable housing units
- On site open space and includes management of the space to be agreed and requirement for public access at all times.
- Providing land and contribution to Church within their extended grounds - £60,000 (for info provisions of laying of carpark, access route to/from church, footpath link relating to archaeology will be covered by planning condition)
- Recreational Access Disturbance Mitigation Strategy contribution - £121.89 per dwelling
- Primary school build cost - £1,353,528
- Primary school land contribution - £77,682
- Securing site for primary school
- Improvements to Church Lane Claydon/Norwich Road junction and Station Road/Norwich Road junction; Financial contribution toward transport improvements in the village to encourage walking and cycling, safer routes to school and improve safety for pedestrians and cyclists; and Norwich Road extension of Speed Limit on Norwich Road. The total cost of these works are estimated at £98,250 to be apportioned between this and Norwich Road application (reference 18/00861).
- Travel Plan Travel Plan Evaluation and Support Contribution - £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 the longest duration.
- Public Rights of Way improvements £115,500
- Protect land for potential doctor’s surgery/community use for period of time before releasing to other uses (i.e. residential) if not successfully taken up
(2) That the Chief Planning Officer be authorised to APPROVE Planning Permission upon completion of the legal agreement subject to conditions as summarised below and those as may be deemed necessary by the Chief Planning Officer:
- Reduced outline time limit
- Approved Plans (Plans submitted that form this application)
- Phasing Condition (To allow phasing of the development and allows spreading of payments under CIL).
- Design code
- Market housing mix prior to or concurrent with reserved matters to be agreed
- Landscaping conditions including advance planting (before commencement of construction), landscape management plan and landscaping scheme
- Tree protection
- SuDS implementation, management and maintenance plans
- Ecology protection, mitigation and enhancement measures including follow-up badger survey, Skylark mitigation, wildlife sensitive lighting scheme, Swift boxes and hedgehog fencing
- Level access to enable wheelchair access for all dwellings/buildings
- Used Water Sewerage Network – phasing plan, foul water strategy and Surface Water Disposal (Anglian Water)
- Access route to/from church and footpath link
- Programme of archaeological works
- Management Plan for the Preservation of Archaeological Features in specified area – no dig/build up and no ground disturbance. No groundworks (including ploughing, site stripping, landscaping, planting, services, fencing, attenuation or machinery movement) to protect in-situ archaeological remains
- Highways conditions including; Visibility splays, Travel Plan, Road Safety Audits, manoeuvring and parking details (including electric vehicle charging points and cycle storage), details of estate roads, surface water disposal from highway, refuse/recycling bin details, Construction Environment Management Plan
- Landscaping including proposed tree planting and landscaping, including locations and root management (relating to highways)
- Surface water drainage scheme including maintenance and management, construction surface water management plan and inclusion of SuDS components on Lead Local Flood Authority’s Flood Risk Asset Register
- Noise mitigation from A14
- Hours of use and deliveries for class E and D2 uses
- Details of any plant, equipment or machinery on non-residential uses
- Land contamination
- Service ducting for broadband
- Fire hydrants
- Energy and renewable integration scheme
- Rainwater harvesting
- Land contamination investigation and remediation
- Arboricultural method statement and tree protection plan
- Minerals extraction recording
(3) And the following informative notes as summarised and those as may be deemed necessary by the Chief Planning Officer:
- Pro active working statement
- SCC Highways: offence to carry out works in public highway
- SCC Highways: Section 38 agreement required relating to construction and adoption of Estate Roads.
- SCC Highways: existing street lighting system, contact SCC
- Public Rights of Way - notes reminding of legal requirements protecting rights of way - Anglian Water assets
- Connection to public sewer requires consent under S106 of the Water Industry Act 1991 - Works to a water course may require consent under the Land Drainage Act - Discharge to a watercourse or groundwater needs to comply with Water Environment (Water Framework Directive) Regulations 2003
- Discharge to watercourse that drains into an Internal Drainage Board catchment may require a contribution
(4) That in the event of the Planning obligations referred to in Resolution (1) above not being secured and/or not secured within 6 months of this resolution that the Chief Planning Officer be authorised to refuse the application on appropriate ground/s.
Additional Conditions:
Design Code S106 obligation
- Prior to the submission of the first Reserved Matter a Design Code shall be submitted to the Local Planning Authority (LPA) for agreement.
- Prior to the submission of the design code a programme of community engagement on that Code which shall itself have been the subject of consultation with Claydon and Barham’s Parish Council’s shall be submitted to the LPA for agreement.
- The Design Code shall demonstrate the foreseeable reduction in Carbon emissions which the proposed design will enable and the measures which are expected to optimise opportunities for sustainable travel including walking, cycling and public transport.
- The Design Code shall establish a design approach for the site and the Reserved Matters having regard to the expectation for good design and planning for climate change in the NPPF 2019 and in particular those measures taken to ensure that development delivers sustainable development, create better places in which to live and work and help make the development acceptable to present and future communities.
- Secure cycle parking in S106 agreement for car park proposed within church grounds extension.
Ensure proposed market housing mix condition includes requirement for market housing mix to be in broad compliance with the indicative housing mix set out in paragraph 9.4 of the committee report, unless housing market needs evidence is submitted to indicate otherwise.
Supporting documents: