Minutes:
127.1 Item 6B
Application DC/21/06805
Proposal Application under Section 73 of The Town and Country Planning Act 1990 - Variation of Condition 7 (Restriction On Operation Times) and Condition 8 (Restriction On Construction Times) of Reserved Matters Approval DC/20/04663 Dated: 08/12/2021 (Outline Planning Permission B/16/01092 - Mixed-use development including up to 75 dwellings, a preschool and a neighbourhood hub, comprising a swimming pool, office space and a local shop, public open space, and associated infrastructure and landscaping as amended by drawings received on 11th November 2016 (omission of school land)) to allow amendment to Operation Times and Construction Times.
Site Location EAST BERGHOLT – Land East of the Constable Country Medical Centre, Heath Road, East Bergholt, Suffolk
Applicant Hills Residential Construction Ltd
127.2 A break was taken from 11:07am until 11:18am after application number DC/21/04360 and before the commencement of application number DC/21/06805.
127.3 Councillor Hinton confirmed that he would remain on the Committee and would not be speaking as the Ward Member.
127.4 The Case Officer presented the application to the Committee outlining the proposal before Members including: the location and layout of the site, the reason for referral to Committee, the previously agreed Reserved Matters application, the proposed variations to the agreed conditions, and the officer recommendation of approval.
127.5 The Case Officer responded to questions from Members on issues including: condition 7 relating to further requests being submitted in writing and whether the previously agreed conditions would remain in place.
127.6 The Area Planning Manager advised that the condition would be amended to remove the words: ‘unless otherwise agreed in writing’.
127.6 Members debated the application on issues including: the effect of the increased operating hours on the local residents and traffic.
127.7 Councillor Hinton proposed that the recommendation be approved as detailed in the officer recommendation.
127.8 Councillor Owen seconded the proposal.
By a unanimous vote
It was RESOLVED:
Subject to the prior completion of a Deed of Variation to the S.106 Obligation as may be deemed necessary to the satisfaction of the Chief Planning Officer.
That the application is GRANTED to vary the wording of conditions 7 and 8 of Reserved Matters permission DC/20/04663 with the following text:
7. ONGOING REQUIREMENT OF USE: RESTRICTION ON OPERATION TIMES The hereby permitted shop/work hub shall only operate between the hours of 07:00 and 22:00 Monday to Sunday. There shall be no deliveries to the development arranged for outside of these hours.
Reason - To enable the Local Planning Authority to retain control over the development in the interests of residential amenity within close proximity.
8. SPECIFIC RESTRICTION ON DEVELOPMENT: RESTRICTION ON CONSTRUCTION TIMES
The hereby permitted development shall only be constructed between the hours of 07:00 and 18:00 Mondays to Fridays and between the hours of 09:00 and 13:00 on Saturday. There shall be no working on Sundays and Bank Holidays. There shall be no deliveries to the development arranged for outside of these hours.
Reason - To enable the Local Planning Authority to retain control over the development in the interests of residential amenity within close proximity.
NOTE – all other conditions from DC/20/04663 are to be re-stated where applicable.
Supporting documents: