-----Original Message----- From: Badwell Ash PC
Badwell Ash Parish Council held a meeting yesterday to discuss planning application DC/20/02614 - Land at Warren Farm, The Street, Badwell Ash, Suffolk The Parish Councillors approved the revised layout of the housing development but would like to record two important points:
* It is imperative that a footpath is provided from the new development to join the existing footpath (outside Durham House and The Wurlie) on The Street to provide safe access to the centre of the village as proposed on the original plan. * The Parish Councillors remain concerned about the possible risk of flooding at the bottom end of the site adjoining Wash Lane and wish to ensure that the SUDS plan is implemented as advised by the Flood and Water Management at SCC's report.
Carole Rose Clerk to the Parish Council, Badwell Ash
Mr Bradley Heffer Direct Dial: 01223 582737 Babergh Mid Suffolk District Councils Endeavour House Our ref: W: P01207330 8 Russell Road Ipswich Suffolk IP1 2BX 16 September 2020
Dear Mr Heffer
T&CP (Development Management Procedure) (England) Order 2015 & Planning (Listed Buildings & Conservation Areas) Regulations 1990
LAND AT WARREN FARM, THE STREET, BADWELL ASH, SUFFOLK Application No. DC/20/02614 - Application for approval of reserved matters following outline approval DC/19/01356 - Access, Appearance, Landscaping, Layout and Scale for Erection of 21No dwellings
Thank you for your letter of 10 September 2020 regarding further information on the above application for planning permission.
On the basis of this information, Historic England do not wish to offer any comments. We wouldtherefore suggest that you seek the views of your specialist conservation and archaeological advisers, and other consultees, as relevant.
It is not necessary for us to be consulted on this application again, unless there are material changes to the proposals. However, if you would like detailed advice from us, please contact us to explain your request.
Yours sincerely
Eric Martin
Eric Martin Business Officer e-mail: [email protected]
24 BROOKLANDS AVENUE, CAMBRIDGE, CB2 8BU Telephone 01223 582749 HistoricEngland.org.uk
Historic England is subject to both the Freedom of Information Act (2000) and Environmental Information Regulations (2004). Any Information held by the organisation can be requested for release under this legislation.
From: SM-NE-Consultations (NE) Sent: 10 September 2020 12:10 To: BMSDC Planning Area Team Yellow Subject: DC/20/02614 NE Response
FAO Bradley Heffer
Dear Mr Heffer,
Application ref: DC/20/02614 Our ref: 327435
Natural England has no comments to make on this application.
Natural England has not assessed this application for impacts on protected species. Natural England has published Standing Advice which you can use to assess impacts on protected species or you may wish to consult your own ecology services for advice.
Natural England and the Forestry Commission have also published standing advice on ancient woodland and veteran trees which you can use to assess any impacts on ancient woodland.
The lack of comment from Natural England does not imply that there are no impacts on the natural environment, but only that the application is not likely to result in significant impacts on statutory designated nature conservation sites or landscapes. It is for the local planning authority to determine whether or not this application is consistent with national and local policies on the natural environment. Other bodies and individuals may be able to provide information and advice on the environmental value of this site and the impacts of the proposal to assist the decision making process. We advise LPAs to obtain specialist ecological or other environmental advice when determining the environmental impacts of development.
We recommend referring to our SSSI Impact Risk Zones (available on Magic and as a downloadable dataset) prior to consultation with Natural England. Further guidance on when to consult Natural England on planning and development proposals is available on gov.uk at https://www.gov.uk/guidance/local-planning-authorities-get-environmental-advice
Yours sincerely,
Ben Jones
Operations Delivery Consultations Team Natural England
From: Planning Liaison
Dear Sir/Madam
Thank you for your email re-consultation on the reserved matters application DC/20/02614
The documents submitted with this application are not drainage related therefore we have no comments to make on this application.
Please do not hesitate to consult us for any drainage related issues
Kind Regards
Sandra De Olim Pre-Development Advisor Telephone: 03456066087 Option 1
Anglian Water Services Limited Thorpe Wood House, Thorpe Wood, Peterborough, Cambridgeshire, PE3 6WT
-----Original Message----- From: [email protected]
*EXTERNAL MAIL* - Please be aware this mail is from an external sender - THINK BEFORE YOU CLICK
Please find attached planning re-consultation request letter relating to planning application - DC/20/02614 - Land At Warren Farm, The Street, Badwell Ash, Suffolk
Kind Regards
Planning Support Team
Emails sent to and from this organisation will be monitored in accordance with the law to ensure compliance with policies and to minimize any security risks. The information contained in this email or any of its attachments may be privileged or confidential and is intended for the exclusive use of the addressee. Any unauthorised use may be unlawful. If you receive this email by mistake, please advise the sender immediately by using the reply facility in your email software. Opinions, conclusions and other information in this email that do not relate to the official business of Babergh District Council and/or Mid Suffolk District Council shall be understood as neither given nor endorsed Your Ref:DC/20/02614 Our Ref: SCC/CON/4710/20 Date: 25 November 2020
All planning enquiries should be sent to the Local Planning Authority. Email: [email protected]
The Planning Department MidSuffolk District Council Planning Section 1st Floor, Endeavour House 8 Russell Road Ipswich Suffolk IP1 2BX
For the attention of: Bradly Heffer
Dear Bradly,
TOWN AND COUNTRY PLANNING ACT 1990
CONSULTATION RETURN: DC/20/02614 PROPOSAL: Application for approval of reserved matters following outline approval DC/19/01356 -
Access, Appearance, Landscaping, Layout and Scale for Erection of 21No dwellings
LOCATION: Land At Warren Farm, The Street, Badwell Ash, Suffolk Notice is hereby given that the County Council as Highway Authority make the following comments:
The proposed layout on Drawing No. 2305-30D indicates an improvement in the parking layout which removes the triple parking therefore, the County Council as Highways Authority does not wish to restrict the grant of permission.
Yours sincerely,
Samantha Harvey Senior Development Management Engineer Growth, Highways and Infrastructure
Endeavour House, 8 Russell Road, Ipswich, Suffolk. IP1 2BX www.suffolk.gov.uk Your Ref:DC/20/02614 Our Ref: SCC/CON/3629/20 Date: 22 October 2020
All planning enquiries should be sent to the Local Planning Authority. Email: [email protected]
The Planning Department MidSuffolk District Council Planning Section 1st Floor, Endeavour House 8 Russell Road Ipswich Suffolk IP1 2BX
For the attention of: Bradly Heffer
Dear Bradly,
TOWN AND COUNTRY PLANNING ACT 1990 CONSULTATION RETURN: DC/20/02614 PROPOSAL: Application for approval of reserved matters following outline approval DC/19/01356 - Access, Appearance, Landscaping, Layout and Scale for Erection of 21No dwellings LOCATION: Land At Warren Farm, The Street, Badwell Ash, Suffolk Notice is hereby given that the County Council as Highway Authority recommends that any permission which that Planning Authority may give should include the conditions shown below:
Visibility Condition: Before the access is first used visibility splays shall be provided as shown on Drawing No EX2004803 P1 with an X dimension of 2.4m and a Y dimension of 70m and thereafter retained in the specified form. Notwithstanding the provisions of Part 2 Class A of the Town & Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) no obstruction over 0.6 metres high shall be erected, constructed, planted or permitted to grow within the areas of the visibility splays.
Access Condition: Before the development is commenced, details of the access and associated works, (including layout, levels, gradients, surfacing and means of preventing surface water discharge on the highway), as indicated on Drawing No EX2004803 P1 shall be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that roads/footways are constructed to an acceptable standard.
Parking Condition: The use shall not commence until the area(s) within the site shown on Drawing No. 2305-24D for the purposes of manoeuvring and parking of vehicles has been provided and thereafter that area(s) shall be retained and used for no other purposes. Reason: To ensure that sufficient space for the on site parking of vehicles is provided and maintained in order to ensure the provision of adequate on-site space for the parking and manoeuvring of vehicles where on-street parking and manoeuvring would be detrimental to highway safety to users of the highway.
Endeavour House, 8 Russell Road, Ipswich, Suffolk. IP 1 2BX www,suffolk.gov.uk Bin Condition: The areas to be provided for presentation and storage of Refuse/Recycling bins as shown on Drawing No. 2305-24D shall be provided in its entirety before the development is brought into use and shall be retained thereafter for no other purpose. Reason: To ensure that refuse recycling bins are not stored on the highway causing obstruction and dangers for other users.
HGV CONSTRUCTION - Condition: Before the development hereby permitted is commenced a Construction Management Plan shall have been submitted to and approved in writing by the Local Planning Authority. Construction of the development shall not be carried out other than in accordance with the approved plan. The Construction Management Plan shall include the following matters: Means of access for construction traffic haul routes for construction traffic on the highway network and monitoring and review mechanisms. provision of boundary hoarding and lighting details of proposed means of dust suppression details of measures to prevent mud from vehicles leaving the site during construction details of deliveries times to the site during construction phase details of provision to ensure pedestrian and cycle safety programme of works (including measures for traffic management and operating hours) parking and turning for vehicles of site personnel, operatives and visitors loading and unloading of plant and materials storage of plant and materials maintain a register of complaints and record of actions taken to deal with such complaints at the site office as specified in the Plan throughout the period of occupation of the site. Reason: In the interest of highway safety to avoid the hazard caused by mud on the highway and to ensure minimal adverse impact on the public highway during the construction phase.
Conditions for outline planning permission DC/19/01356 relating to highways that require discharge are as follows:
Condition 9 - provision of footway Condition 10 - details of the estate roads and footpaths Condition 11 - construction to binder course level Condition 12 - prevent the discharge of surface water
NOTES
It is an OFFENCE to carry out works within the public highway, which includes a Public Right of Way, without the permission of the Highway Authority. Any conditions which involve work within the limits of the public highway do not give the applicant permission to carry them out. These works will need to be applied for and agreed with Suffolk County Council as the Local Highway Authority. Application form for minor works licence under Section 278 of the Highways Act 1980 can be found at the following webpage: www.suffolk.gov.uk/planning-waste-and-environment/planning-and-development-advice/.
The Local Planning Authority recommends that developers of housing estates should enter into formal agreement with the Highway Authority under Section 38 of the Highways Act 1980 relating to the construction and subsequent adoption of Estate Roads.
Yours sincerely,
Samantha Harvey Senior Development Management Engineer Growth, Highways and Infrastructure BMSDC Planning Area Team Yellow
From: GHI PROW Planning Sent: 10 July 2020 17:13 To: BMSDC Planning Area Team Yellow Cc: GHI PROW Planning; Alexandra Maher Subject: RE: MSDC Planning Consultation Request - DC/20/02614 Attachments: ufm29.pdf
PUBLIC RIGHTS OF WAY AND ACCESS RESPONSE
REF: DC/20/02614
Thank you for your consultation concerning the above application.
The proposed site does not contain any public rights of way (PROW) although Badwell Ash Public Footpath 7 is adjacent to the west boundary of the site. The Definitive Map for Badwell Ash can be seen at: https://www.suffolk.gov.uk/assets/Roads-and-transport/public-rights-of-way/Badwell-Ash.pdf. A more detailed plot of public rights of way can be provided. Please contact [email protected] for more information. Note, there is a fee for this service.
We accept this proposal but ask that the following is taken into account:
1. PROW are divided into the following classifications: Public Footpath – only for use on foot or with a mobility vehicle Public Bridleway – use as per a public footpath, and on horseback or by bicycle Restricted Byway – use as per a bridleway, and by a ‘non-motorised vehicle’, e.g. a horse and carriage Byway Open to All Traffic (BOAT) – can be used by all vehicles, in addition to people on foot, mobility vehicle, horseback and bicycle
All currently recorded PROW are shown on the Definitive Map and described in the Definitive Statement (together forming the legal record of all currently recorded PROW). There may be other PROW that exist which have not been registered on the Definitive Map. These paths are either historical paths that were not claimed under the National Parks and Access to the Countryside Act 1949 or since, or paths that have been created by years of public use. To check for any unrecorded rights or anomalies, please contact [email protected].
2. The applicant, and any future owners, residents etc, must have private rights to take motorised vehicles over a PROW other than a BOAT. To do so without lawful authority is an offence under the Road Traffic Act 1988. Any damage to a PROW resulting from works must be made good by the applicant. Suffolk County Council is not responsible for the maintenance and repair of PROW beyond the wear and tear of normal use for its classification and will seek to recover the costs of any such damage it is required to remedy. We do not keep records of private rights and suggest that a solicitor is contacted.
3. The granting of planning permission IS SEPARATE to any consents that may be required in relation to PROW. It DOES NOT give authorisation for structures such as gates to be erected on a PROW, or the temporary or permanent closure or diversion of a PROW. Nothing may be done to close, alter the alignment, width, surface or condition of a PROW, or to create a structure such as a gate upon a PROW, without the due legal process being followed, and permission being granted from the Rights of Way & Access Team as appropriate. Permission may or may not be granted depending on all the circumstances. To apply for permission from Suffolk County Council (as the highway authority for Suffolk) please see below: To apply for permission to carry out work on a PROW, or seek a temporary closure – https://www.suffolk.gov.uk/roads-and-transport/public-rights-of-way-in-suffolk/rights-and-responsibilities/ 1 or telephone 0345 606 6071. PLEASE NOTE that any damage to a PROW resulting from works must be made good by the applicant. Suffolk County Council is not responsible for the maintenance and repair of PROW beyond the wear and tear of normal use for its classification and will seek to recover the costs of any such damage it is required to remedy. To apply for permission for structures such as gates to be constructed on a PROW – contact the relevant Area Rights of Way Team - contact the relevant Area Rights of Way Team https://www.suffolk.gov.uk/roads- and-transport/public-rights-of-way-in-suffolk/public-rights-of-way-contacts/ or telephone 0345 606 6071. To apply for permission for a PROW to be stopped up or diverted within a development site, the officer at the appropriate borough or district council should be contacted at as early an opportunity as possible to discuss the making of an order under s257 of the Town and Country Planning Act 1990 - https://www.suffolk.gov.uk/roads-and-transport/public-rights-of-way-in-suffolk/public-rights-of-way- contacts/ PLEASE NOTE that nothing may be done to stop up or divert the legal alignment of a PROW until the due legal process has been completed and the order has come into force.
4. Under Section 167 of the Highways Act 1980 any structural retaining wall within 3.66 metres of a PROW with a retained height in excess of 1.37 metres, must not be constructed without the prior written approval of drawings and specifications by Suffolk County Council. The process to be followed to gain approval will depend on the nature and complexity of the proposals. Construction of any retaining wall or structure that supports a PROW or is likely to affect the stability of the PROW may also need prior approval at the discretion of Suffolk County Council. Applicants are strongly encouraged to discuss preliminary proposals at an early stage.
5. Any hedges adjacent to PROW must be planted a minimum of 1 metre from the edge of the path in order to allow for annual growth and cutting, and should not be allowed to obstruct the PROW. Some hedge types may need more space, and this should be taken into account by the applicant. In addition, any fencing should be positioned a minimum of 0.5 metres from the edge of the path in order to allow for cutting and maintenance of the path, and should not be allowed to obstruct the PROW.
6. There may be a requirement to enhance the PROW network relating to this development. If this is the case, a separate response will contain any further information.
In the experience of the County Council, early contact with the relevant PROW officer avoids problems later on, when they may be more time consuming and expensive for the applicant to address. More information about Public Rights of Way can be found at www.suffolk.gov.uk/roads-and-transport/public-rights-of-way-in-suffolk/.
Thank you for taking the time to consider this response.
Public Rights of Way Team Growth, Highways and Infrastructure Suffolk County Council Phoenix House, 3 Goddard Road, Ipswich IP1 5NP [email protected]
-----Original Message----- From: [email protected]
Please find attached planning consultation request letter relating to planning application - DC/20/02614 - Land At Warren Farm, The Street, Badwell Ash, Suffolk
Kind Regards
Planning Support Team
2 DC_20_02614 - Land SCCAS (RA)_Land at at Warren Farm_ The Street_Warren Badwell Farm, The Ash.msg Street, Badwell Ash_2019_01356.pdf
From: Gemma Stewart
Dear Bradly,
Thank you for the re-consultation. It does not affect our previous advice (attached).
An archaeological trial trench evaluation has occurred at this site and the we are still awaiting the report of results. The site visit indicates that a mitigation phase of work will be required. However, we will not be able to confirm this recommendation until we have received and reviewed the evaluation report.
Regards,
Gemma
Gemma Stewart Senior Archaeological Officer
Suffolk County Council Archaeological Service Bury Resource Centre Hollow Road Bury St Edmunds Suffolk IP32 7AY
Telephone: 01284 741242 Mobile: 07734978011 Email: [email protected]
Website: http://www.suffolk.gov.uk/archaeology Search the Suffolk HER online at: http://heritage.suffolk.gov.uk Follow us on Twitter at: https://twitter.com/SCCArchaeology
-----Original Message----- From: [email protected]
Please find attached planning re-consultation request letter relating to planning application - DC/20/02614 - Land At Warren Farm, The Street, Badwell Ash, Suffolk
Kind Regards The Archaeological Service ______
Resource Management Bury Resource Centre Hollow Road Bury St Edmunds Suffolk IP32 7AY
Philip Isbell Corporate Manager - Development Manager Planning Services Babergh and Mid Suffolk District Councils Endeavour House 8 Russell Road Ipswich IP1 2BX
Enquiries to: Rachael Abraham Direct Line: 01284 741232 Email: [email protected] Web: http://www.suffolk.gov.uk
Our Ref: 2019_01356 Date: 28th March 2019
For the Attention of Bradly Heffer
Dear Mr Isbell
Planning Application DC/19/01356– Land at Warren Farm, The Street, Badwell Ash: Archaeology
This site lies in an area of very high archaeological potential recorded on the County Historic Environment Record. Roman pottery has been recorded from within the site itself (BAA 001), with a Roman building, ovens and pits, plus earlier prehistoric features, identified to the east during recent archaeological investigations (BAA 035 and 036). Archaeological remains fating from the 16th century onwards have also been recorded immediately opposite the site (BAA 025). The proposed development area is situated in a topographically favourable location for archaeological activity from all periods given its position overlooking a watercourse on light soils. As a result, there is high potential for the discovery of below- ground heritage assets of archaeological importance within this area, and groundworks associated with the development have the potential to damage or destroy any archaeological remains which exist.
There are no grounds to consider refusal of permission in order to achieve preservation in situ of any important heritage assets. However, in accordance with the National Planning Policy Framework (Paragraph 199), any permission granted should be the subject of a planning condition to record and advance understanding of the significance of any heritage asset before it is damaged or destroyed.
In this case the following two conditions would be appropriate:
1. No development shall take place within the area indicated [the whole site] until the implementation of a programme of archaeological work has been secured, in accordance with a Written Scheme of Investigation which has been submitted to and approved in writing by the Local Planning Authority.
The scheme of investigation shall include an assessment of significance and research questions; and: a. The programme and methodology of site investigation and recording b. The programme for post investigation assessment c. Provision to be made for analysis of the site investigation and recording d. Provision to be made for publication and dissemination of the analysis and records of the site investigation e. Provision to be made for archive deposition of the analysis and records of the site investigation f. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation. g. The site investigation shall be completed prior to development, or in such other phased arrangement, as agreed and approved in writing by the Local Planning Authority.
2. No building shall be occupied until the site investigation and post investigation assessment has been completed, submitted to and approved in writing by the Local Planning Authority, in accordance with the programme set out in the Written Scheme of Investigation approved under part 1 and the provision made for analysis, publication and dissemination of results and archive deposition.
REASON: To safeguard archaeological assets within the approved development boundary from impacts relating to any groundworks associated with the development scheme and to ensure the proper and timely investigation, recording, reporting and presentation of archaeological assets affected by this development, in accordance with Core Strategy Objective SO 4 of Mid Suffolk District Council Core Strategy Development Plan Document (2008) and the National Planning Policy Framework (2012).
INFORMATIVE: The submitted scheme of archaeological investigation shall be in accordance with a brief procured beforehand by the developer from Suffolk County Council Archaeological Service, Conservation Team.
I would be pleased to offer guidance on the archaeological work required and, in our role as advisor to Mid Suffolk District Council, the Conservation Team of SCC Archaeological Service will, on request of the applicant, provide a specification for the archaeological work required at this site. In this case, a trial trenched archaeological evaluation will be required to establish the potential of the site, before approval of layout and drainage under reserved matters, and decisions on the need for any further investigation (excavation before any groundworks commence and/or monitoring during groundworks) will be made on the basis of the results of the evaluation.
Further details on our advisory services and charges can be found on our website: http://www.suffolk.gov.uk/archaeology/
Please do get in touch if there is anything that you would like to discuss, or you require any further information.
Yours sincerely,
Rachael Abraham
Senior Archaeological Officer Conservation Team
From: GHI Floods Planning
Dear Bradly Heffer
Subject; Land At Warren Farm, The Street, Badwell Ash, DC/20/02614 - Reserved Matter Application
Suffolk County Council, Flood and Water Management have reviewed application ref DC/20/02614.
The following submitted document have been reviewed and we recommend approval subject to condition:
• Proposed Site Plan ref 2305-07L • Flood Risk Assessment Reference: EX20_048_03
1. Within 28 days of completion of the last dwelling, details of all Sustainable Urban Drainage System components and piped networks shall be submitted, in an agreed form, and approved in writing by the Local Planning Authority for inclusion on the Lead Local Flood Authority’s Flood Risk Asset Register.
Reason: To ensure that the Sustainable Drainage System has been implemented as permitted and that all flood risk assets and their owners are recorded onto the LLFA’s statutory flood risk asset register as per s21 of the Flood and Water Management Act 2010 in order to enable the proper management of flood risk with the county of Suffolk https://www.suffolk.gov.uk/roads-and-transport/flooding-and-drainage/flood-risk-asset-register/
2. No development shall commence until details of a Construction Surface Water Management Plan (CSWMP) detailing how surface water and storm water will be managed on the site during construction (including demolition and site clearance operations) is submitted to and agreed in writing by the local planning authority. The CSWMP shall be implemented and thereafter managed and maintained in accordance with the approved plan for the duration of construction. The approved CSWMP and shall include: a. Method statements, scaled and dimensioned plans and drawings detailing surface water management proposals to include :- i. Temporary drainage systems ii. Measures for managing pollution / water quality and protecting controlled waters and watercourses iii. Measures for managing any on or offsite flood risk associated with construction
Reason: To ensure the development does not cause increased flood risk, or pollution of watercourses or groundwater https://www.suffolk.gov.uk/roads-and-transport/flooding-and-drainage/guidance-on-development- and-flood-risk/construction-surface-water-management-plan/
Informative
• Any works to a watercourse may require consent under section 23 of the Land Drainage Act 1991 • Any discharge to a watercourse or groundwater needs to comply with the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 • Any discharge of surface water to a watercourse that drains into an Internal Drainage Board district catchment is subject to payment of a surface water developer contribution • Any works to lay new surface water drainage pipes underneath the public highway will need a section 50 license under the New Roads and Street Works Act 1991 • Any works to a main river may require an environmental permit
Kind Regards
Jason Skilton Flood & Water Engineer Suffolk County Council Growth, Highway & Infrastructure Endeavour House, 8 Russell Rd, Ipswich , Suffolk IP1 2BX
Your ref: DC/20/02614 Our ref: Badwell Ash – land at Warren Farm, The Street 58589 Date: 24 July 2020 Enquiries: Neil McManus Tel: 07973 640625 Email: [email protected]
Bradly Heffer, Growth & Sustainable Planning, Babergh and Mid Suffolk District Councils, Endeavour House, 8 Russell Road, Ipswich, Suffolk, IP1 2BX
Dear Bradly,
Badwell Ash: land at Warren Farm, The Street – reserved matters
I refer to the proposal: application for approval of reserved matters following outline approval DC/19/01356 – access, appearance, landscaping, layout and scale for erection of 21 no. dwellings.
The original application under reference DC/19/01356 has an associated planning obligation dated 29 August 2019. The planning obligations previously secured under the first planning permission must remain in place if reserved matters approval is granted.
I have copied this letter to colleagues.
Yours sincerely,
Neil McManus BSc (Hons) MRICS Development Contributions Manager Growth, Highways & Infrastructure – Strategic Development cc Sam Harvey, SCC (highways) Floods Planning, SCC (LLFA) Suffolk Archaeological Service
Endeavour House, 8 Russell Road, Ipswich, Suffolk IP1 2BX 1 www.suffolk.gov.uk From: Water Hydrants
Fire Ref.: F311017
Good Afternoon,
Thank you for your email.
I have looked at planning application DC/19/01356/OUT, in which the Suffolk Fire and Rescue Service requested a condition for Fire Hydrants to be installed for this development. I cannot find the Condition number on the Decision Notice that relates to that Condition. You have published the letter.
The original comments will Remain in Place for planning application DC/20/02614, so could you please ensure that there is a Condition for Fire Hydrants to be installed.
If you have any queries, please let us know.
Kind regards, Andrea Stordy BSC Admin to Water Officer Engineering Fire and Public Safety Directorate Suffolk County Council 3rd Floor, Lime Block Endeavour House Russell Road IP1 2BX
Tel.: 01473 260564 Team Mailbox: [email protected]
From: David Harrold
Thank you for reconsulting me on the above application and revised plans received on the 8 September 2020.
I can confirm with respect to noise and other environmental health issues that I do not have any comments to make.
David Harrold MCIEH Senior Environmental Health Officer
Babergh & Midsuffolk District Councils t: 01449 724718 e: [email protected]
From: Peter Chisnall
Dear Bradly,
APPLICATION FOR RESERVED MATTERS - DC/20/02614
Proposal: Application for approval of reserved matters following outline approval DC/19/01356 - Access, Appearance, Landscaping, Layout and Scale for Erection of 21No dwellings
Location: Land At Warren Farm, The Street, Badwell Ash, Suffolk
Many thanks for your request to comment on the sustainability and climate change mitigtion aspects of this application.
I have viewed the applicant’s documents in particular the Supplementary Answers to the Relevant Paragraphs of the NPPF and note their commitment to a low carbon development.
The council declared a climate emergency in 2019 and has an aspiration to become Carbon neutral by 2030, it is encouraging all persons involved in developments and activities in the district to consider doing the same. This council is keen to encourage consideration of sustainability issues at an early stage so that the most environmentally friendly buildings are constructed and the inclusion of sustainable techniques, materials, technology etc can be incorporated into the scheme without compromising the overall viability. However if the dwellings are constructed with levels of insulation to just equal or slightly better the current building regulations requirements they will need to be retrofitted within a few years to meet the National milestones and targets leading up to zero carbon emissions by 2050.
I have no objection and If the planning department decided to set conditions on the application, I would recommend the following.
Prior to the commencement of development a scheme for the provision and implementation of water, energy and resource efficiency measures, during the construction and operational phases of the development shall be submitted to and approved, in writing, by the Local Planning Authority. The scheme shall include a clear timetable for the implementation of the measures in relation to the construction and occupancy of the development. The scheme shall be constructed and the measures provided and made available for use in accordance with such timetable as may be agreed.
The Sustainability & Energy Strategy must be provided detailing how the development will minimise the environmental impact during construction and occupation (as per policy CS3, and NPPF) including details on environmentally friendly materials, construction techniques minimisation of carbon emissions and running costs and reduced use of potable water ( suggested maximum of 105ltr per person per day).
Details as to the provision for electric vehicles should also be included please see the Suffolk Guidance for Parking, published on the SCC website on the link below: https://www.suffolk.gov.uk/planning-waste-and-environment/planning-and- development-advice/parking-guidance/
The document should clearly set out the unqualified commitments the applicant is willing to undertake on the topics of energy and water conservation, CO2 reduction, resource conservation, use of sustainable materials and provision for electric vehicles.
Clear commitments and minimum standards should be declared and phrases such as ‘where possible, subject to, where feasible’ must not be used.
Evidence should be included where appropriate demonstrating the applicants previous good work and standards achieved in areas such as site waste management, eg what recycling rate has the applicant achieved in recent projects to show that their % recycling rate commitment is likely.
Reason – To enhance the sustainability of the development through better use of water, energy and resources. This condition is required to be agreed prior to the commencement of any development as any construction process, including site preparation, has the potential to include energy and resource efficiency measures that may improve or reduce harm to the environment and result in wider public benefit in accordance with the NPPF.
Guidance can be found at the following locations: https://www.midsuffolk.gov.uk/environment/environmental-management/planning- requirements/
Regards,
Peter
Peter Chisnall, CEnv, MIEMA, CEnvH, MCIEH Environmental Management Officer Babergh and Mid Suffolk District Council - Working Together Tel: 01449 724611 Email: [email protected] www.babergh.gov.uk www.midsuffolk.gov.uk
BMSDC Planning Area Team Yellow
From: Nathan Pittam Sent: 15 July 2020 13:49 To: Bradly Heffer Cc: BMSDC Planning Area Team Yellow Subject: DC/20/02614. Land Contamination.
Dear Bradly
EP Reference : 278826 DC/20/02614. Land Contamination. Land at Warren Farm, The Street, Badwell Ash, BURY ST EDMUNDS, Suffolk. Application for approval of reserved matters following outline approval DC/19/01356 - Access, Appearance, Landscaping, Layout and Scale for Erection of 21No dwellings.
Many thanks for your request for comments in relation to the above submission in relation to the 2019 outline application. I can confirm that I have no comments to make with respect to the submitted documents.
Kind regards
Nathan
Nathan Pittam BSc. (Hons.) PhD Senior Environmental Management Officer
Babergh and Mid Suffolk District Councils – Working Together
Email: [email protected] Work: 07769 566988 / 01449 724715 websites: www.babergh.gov.uk www.midsuffolk.gov.uk
1
28 August 2020
Bradly Heffer Mid Suffolk District Council Endeavour House 8 Russell Road Ipswich IP1 2BX
By email only
Thank you for requesting advice on this application from Place Services’ ecological advice service. This service provides advice to planning officers to inform Mid Suffolk District Council planning decisions with regard to potential ecological impacts from development. Any additional information, queries or comments on this advice that the applicant or other interested parties may have, must be directed to the Planning Officer who will seek further advice from us where appropriate and necessary.
Application: DC/20/02614 Location: Land At Warren Farm The Street Badwell Ash Suffolk IP31 3DP Proposal: Application for approval of reserved matters following outline approval DC/19/01356 - Access, Appearance, Landscaping, Layout and Scale for Erection of 21No dwellings
Dear Brad,
Thank you for re-consulting Place Services on the above Reserved Matters application.
No objection subject to securing biodiversity mitigation and enhancement measures.
Summary Further to our previous comments, we have now reviewed the the Addendum to Update the Ecological Assessment (Adonis Ecology Ltd., July 2020), provided by the applicant, relating to the likely impacts of development on designated sites, protected and Priority species and habitats.
We are now satisfied that there is sufficient ecological information available for determination.
This provides certainty for the LPA of the likely impacts on designated sites, protected species and Priority species and habitats and, with appropriate mitigation measures secured, the development can be made acceptable.
We note that the single bat survey recommended in the Preliminary Ecological Appraisal and Bat Check (Adonis Ecology Ltd., June 2018) is not required as the roof of the relevant building is no longer present due to fire damage. The mitigation and enhancement measures identified in the Preliminary Ecological Appraisal and Bat Check (Adonis Ecology Ltd., June 2018), should be secured by a condition of any consent and
implemented in full. We note that the Addendum to Update the Ecological Assessment (Adonis Ecology Ltd., July 2020) confirms that the biodiversity enhancements specified in the Preliminary Ecological Appraisal and Bat Check (Adonis Ecology Ltd., June 2018) are still relevant.
We support the proposed reasonable biodiversity enhancement measures, which have been recommended to secure measurable net gains for biodiversity, as outlined under Paragraph 170d of the National Planning Policy Framework 2019. The reasonable biodiversity enhancement measures should be outlined within a Biodiversity Enhancement Layout to be secured by a condition of any consent.
This will enable LPA to demonstrate its compliance with its statutory duties including its biodiversity duty under s40 NERC Act 2006.
Impacts will be minimised such that the proposal is acceptable subject to the conditions below based on BS42020:2013.
Submission for approval and implementation of the details below should be a condition of any planning consent.
Recommended conditions:
1. ACTION REQUIRED IN ACCORDANCE WITH ECOLOGICAL APPRAISAL RECOMMENDATIONS “All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal and Bat Check (Adonis Ecology Ltd, June 2018), as already submitted with the planning application and agreed in principle with the local planning authority prior to determination.
This may include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW,) to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details.”
Reason: To conserve and enhance protected and Priority species and allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species).
2. PRIOR TO SLAB LEVEL: BIODIVERSITY ENHANCEMENT LAYOUT “A Biodiversity Enhancement Layout, providing the finalised details and locations of the enhancement measures contained within the Preliminary Ecological Appraisal and Bat Check (Adonis Ecology Ltd., June 2018), shall be submitted to and approved in writing by the local planning authority.
The enhancement measures shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.”
Reason: To enhance Protected and Priority Species and allow the LPA to discharge its duties under the s40 of the NERC Act 2006 (Priority habitats & species).
3. PRIOR TO OCCUPATION: WILDLIFE SENSITIVE LIGHTING DESIGN SCHEME “A lighting design scheme for biodiversity shall be submitted to and approved in writing by the local planning authority. The scheme shall identify those features on site that are particularly sensitive for bats and that are likely to cause disturbance along important routes used for foraging; and show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory.
All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.”
Reason: To allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species).
4. ACTION REQUIRED: TIME LIMIT ON DEVELOPMENT BEFORE FURTHER SURVEYS ARE REQUIRED “If the application for approval of reserved matters following outline approval DC/19/01356 - Access, Appearance, Landscaping, Layout and Scale for Erection of 21No dwellings hereby approved does not commence within 18 months from the date of the bat survey results in the Addendum to Update the Ecological Assessment (Adonis Ecology Ltd., July 2020), the approved ecological mitigation measures secured through condition shall be reviewed and, where necessary, amended and updated.
The review shall be informed by further ecological surveys commissioned to: i. establish if there have been any changes in the presence and/or abundance of bats and ii. identify any likely new ecological impacts that might arise from any changes.
Where the survey results indicate that changes have occurred that will result in ecological impacts not previously addressed in the approved scheme, the original approved ecological measures will be revised and new or amended measures, and a timetable for their implementation, will be submitted to and approved in writing by the local planning authority prior to the commencement of the application for approval of reserved matters following outline approval DC/19/01356 - Access, Appearance, Landscaping, Layout and Scale for Erection of 21No dwellings
Works will then be carried out in accordance with the proposed new approved ecological measures and timetable.”
Reason: To allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species).
Please contact us with any queries.
Yours sincerely,
Sue Hooton CEnv MCIEEM BSc (Hons) Principal Ecological Consultant [email protected]
Place Services provide ecological advice on behalf of Mid Suffolk District Council Please note: This letter is advisory and should only be considered as the opinion formed by specialist staff in relation to this particular matter.
Place Services Essex County Council County Hall, Chelmsford Essex, CM1 1QH
T: 0333 013 6840 www.placeservices.co.uk @PlaceServices
Planning Services Mid Suffolk District Council Endeavour House 8 Russell Road Ipswich IP1 2BX
17/09/2020
For the attention of: Bradly Heffer
Ref: DC/20/02614; Land At Warren Farm, The Street, Badwell Ash, Suffolk
Thank you for re-consulting us on the application for approval of reserved matters following outline approval DC/19/01356 - Access, Appearance, Landscaping, Layout and Scale for Erection of 21No dwellings.
This letter sets out our consultation response on the landscape impact of the planning application and how the proposed layout and design relates and responds to the landscape setting and context of the site. As part of the re-submission, a Strategic Landscape Proposals Design report (Ref: 20.5075), Landscape Strategy Drawing (Dwg ref: 20.5083.01) and a revised Proposed Site Plan (Dwg ref: 2305-30B) have been submitted.
Recommendations We welcome the new public open space that is now proposed in the centre of the development, however we are concerned that this has raised further layout/design issues that need to be addressed. For this reason, we would advise the LPA Urban Design Officer is consulted. Comments include:
▪ Plot 1 is open on all four boundaries. Its placement is not advised and we would recommend this plot is removed from the scheme and dwelling numbers are reconsidered at 20no.
▪ The outlook of Plots 8-10 is onto the side elevation and boundary of plots 6-7. Plots should be reorientated to avoid this.
From a landscape stand point, we would advise the following recommendations:
▪ We would advise the walled boundary of Plot 21 runs along the entire highway boundary. the rear boundary of Plot 20 and the side boundaries of 6,7,10,11,12 and 13.
▪ Rows of parking bays should be broken up with soft landscaping a maximum of every 4 spaces.
▪ The Tree Survey Schedule outlines the quality of the trees within the site, as well as proposed trees scheduled for removal. We still advise that an impact assessment and method statement for protection during construction are submitted to accompany the tree survey. If preferred, we would consider this to be included as a condition.
Place Services is a traded service of Essex County Council
▪ Once minded for approval, we would advise a detailed landscape scheme condition is included:
ACTION REQUIRED PRIOR TO COMMENCEMENT OF DEVELOPMENT: DETAILED LANDSCAPE SCHEME.
No development shall take place until there has been submitted to and approved, in writing, by the Local Planning Authority a scheme of hard, soft and boundary treatment landscaping works for the site, which shall include any proposed changes in ground levels and also accurately identify spread, girth and species of all existing trees, shrubs and hedgerows in the surrounding area. A specification of soft landscaping, including proposed trees, plants and seed mixes must be included. The specification must be in line with British Standards and include details of planting works such as preparation, implementation, materials (i.e. soils and mulch), any protection measures that will be put in place (i.e rabbit guards) and any management regimes (including watering schedules) to support establishment. This must be accompanied by a schedule, with details of quantity, species and size/type (i.e. bare root, container etc). The hard landscape plan should include details of all hard surface materials and boundary treatments to be used within the development with a timetable for implementation, including all means of enclosure and boundary treatments, such as walls and fences.
▪ Similarly, a landscape management plan will need to be provided as part of a condition. We ask that reference is made to the guards to protect hedgerow/shrub planting from damage by rabbits and other rodents. We would expect implementation and removal (after establishment) to be included in the plan. They should be checked periodically alongside the tree guards and stakes to ensure that they have not fallen over and are not damaging the plant.
ACTION REQUIRED PRIOR TO COMMENCEMENT OF DEVELOPMENT: LANDSCAPE MANAGEMENT PLAN.
No development shall take place until there has been submitted to and approved, in writing, by the Local Planning Authority a landscape management plan and work schedule for a minimum of 5 years. Both new and existing planting will be required to be included in the plan, along with SuDS and street furniture.
If you have any queries regarding the matter raised above, please let me know.
Kind regards,
Ryan Mills BSc (Hons) MSc CMLI Senior Landscape Consultant Telephone: 03330320591 Email: [email protected]
Place Services provide landscape advice on behalf of Babergh and Mid Suffolk District Councils. Please note: This letter is advisory and should only be considered as the opinion formed by specialist staff in relation to this particular matter.
Place Services is a traded service of Essex County Council
From: Tegan Chenery Sent: 01 October 2020 16:28 To: Bradly Heffer Cc: BMSDC Planning Area Team Yellow Subject: DC/20/02614 - Heritage response
Hello Brad,
DC/20/02614 – Land at Warren Farm, The Street, Badwell Ash
Following the submission of amendments to the proposed layout of the development, I consider that the application would continue to cause a low level of less than substantial harm to the significance of the designated and non-designated heritage assets as outlined in my previous response dated 27.07.2020. It should therefore be weighed in the Planning balance against public benefits, in line with the NPPF.
Whilst the layout now corresponds better with the indicative site plan approved at outline (DC/19/01356), there remains an array of architectural forms, scales and materials within the proposed development. The level of harm could however be reduced to a very low level of less substantial harm contingent upon the use of suitable materials and detailing, which could be dealt with via condition.
Should the LPA be minded to approve the application, the following conditions should be imposed: • Manufacturer’s literature of facing and roofing materials • Details of boundary treatments • Manufacturer’s literature of external hard surfaces
Tegan Chenery BA(Hons) MSt Heritage and Design Officer Babergh and Mid Suffolk District Councils - Working Together
MID SUFFOLK DISTRICT COUNCIL
MEMORANDUM
TO: Bradley Heffer – Planning Officer
From: Sacha Tiller - Housing Enabling Officer – Strategic Planning
Date: 23.09.2020
Application Ref: DC/19/01356 – DC/20/02614
Proposal: Revised plans Application for approval of reserved matters following outline approval DC/19/01356 – Access, Appearance, Landscaping, Layout and Scale for Erection of 21 dwellings. (withdrawn application DC/18/05331).
Location: Land At Warren Farm, The Street, Badwell Ash, Suffolk – DC/20/02614
Key Points
1. Background Information
• An outline development proposal for up to 21 residential dwellings.
• This is an open market development and based on 21 units should offer 7 affordable housing units = 35% policy compliant position. • This response is also given with regards to housing need in Badwell Ash as of July 2019. • Site size has been given as 1.4 hectares.
2. Housing Need Information:
2.1 The Ipswich Housing Market Area, Strategic Housing Market Assessment (SMHA) document, updated in 2017, confirms a continuing need for housing across all tenures and a growing need for affordable housing.
2.2 The 2017 SHMA indicates that in Mid Suffolk there is a need for 94 new affordable homes per annum. Ref1
2.3 Furthermore, by bedroom numbers the affordable housing mix should equate to:
Ref2 Estimated proportionate demand for affordable new housing stock by bedroom number Bed Nos % of total new affordable stock 1 46% 2 36% 3 16%
2.4 This compares to the estimated proportionate demand for new housing stock by bedroom size across all tenures.
Ref3 Estimated proportionate demand for all tenure new housing stock by bedroom number Bed Nos % of total new stock 1 18% 2 29% 3 46% 4+ 6%
2.5 The Council’s 2014 Suffolk Housing Needs Survey shows that there is high demand for smaller homes, across all tenures, both for younger people, who may be newly forming households and also for older people who are already in the property-owning market and require different, appropriate housing, enabling them to downsize. Affordability issues are the key drivers for this increased demand for smaller homes.
2.6 The Council’s Choice Based Lettings system currently has circa. 730 applicants registered for affordable housing in Mid Suffolk as at March 2019.
3. Preferred Mix for Open Market homes.
3.1 There is a strong need for homes more suited to the over 55 age brackets within the district and supply of single storey dwellings or 1.5 storeys has been very limited over the last 10 years in the locality. Mid Suffolk and the county as a whole faces a large increase in the population of over 65-year olds so we need to ensure there are suitable housing choices for older people to remain in their communities.
3.2 There is growing evidence that housebuilders need to address the demand from older people who are looking to downsize or right size and still remain in their local communities.
3.3 Furthermore, the 2014 Suffolk Housing Survey shows that, across Mid Suffolk district:
o 12% of all existing households contain someone looking for their own property over the next 3 years (mainly single adults without children). The types of properties they are interested in are flats / apartments, and smaller terraced or semi-detached houses.
o Although this is not their first preference, many accept that the private rented sector is their most realistic option.
o 25% of households think their current property will not be suitable for their needs in 10 years’ time.
o Suitable housing options for more elderly people are less available within the current housing stock. 6% of all households have elderly relatives who may need to move to Suffolk within the next 3 years.
o The affordable housing should be integrated into the scheme and not placed in one area.
o The proposed Outline Planning Application does not show the size or type of any of the proposed dwellings. To meet local need we would hope there would be a mix of 2 and 3 bedrooms houses and bungalows.
4: Affordable Housing Mix:
4.1 The majority district wide need is for 2 and 3 bedroom dwellings with a low demand for 4+ beds.’
4.2 The current registered need for affordable housing in Badwell Ash is 7 applicants with a local connection looking for 1, 2 and 3 bedroom accommodation.
4.3 Having regard to the above housing information and to ensure a broad housing mix to reflect local and district need the following affordable housing mix has been agreed:
Affordable Rent: Total: 5 • 2 x 2b x 4p houses @ 79.7sqm – plot 11 and 12 • 2 x 3b x 6p houses @ 102.4m – plot 9 and 10 • 1 x 2b x 3p bungalows @63.3qm – plot 8
Shared Ownership: Total: 2 • 2 x 2b x 4p houses @ 79.7sqm – plot 13 and 13
See plan attached.
5. Other requirements for affordable homes:
• Properties must be built to the Housing Standards Technical guidance March 2015 and Nationally Described Space Standards.
• The council is granted 100% nomination rights to all the affordable units on first lets and minimum of 75% of relets in perpetuity.
• For all shared ownership dwellings applicants must be registered with the Suffolk Homebuy agency.
• Initial share purchases for shared ownership dwellings to be capped at 75%.
• The affordable units to be constructed ‘tenure blind’ and must not be in clusters of more than 15 dwellings. The affordable homes should be distributed across the different phases of the development.
• Adequate parking provision is made for the affordable housing units and cycle storage/sheds.
-----Original Message----- From: BMSDC Public Realm Consultation Mailbox
Public Realm have no objections to this development.
The proposals for open space within the development is appropriate and will reduce the shortfall in amenity open space identified within the village in the Babergh and Mid Suffolk Open Space assessment (2019). Opportunities to enhance the open space for biodiversity would be welcomed and appropriate bird and bat boxes should be considered along with establishing areas of flower rich grassland to attract insects.
It would be anticipated that future management of this open space would be at a local parish level or via a Management Company. The District Council would not normally seek to adopt local areas of open space that do not have a wider public amenity value.
Regards
Dave Hughes Public Realm Team
-----Original Message----- From: [email protected]
Please find attached planning consultation request letter relating to planning application - DC/20/02614 - Land At Warren Farm, The Street, Badwell Ash, Suffolk
Kind Regards
Planning Support Team
Emails sent to and from this organisation will be monitored in accordance with the law to ensure compliance with policies and to minimize any security risks. The information contained in this email or any of its attachments may be privileged or confidential and is intended for the exclusive use of the addressee. Any unauthorised use may be unlawful. If you receive this email by mistake, please advise the sender immediately by using the reply facility in your email software. Opinions, conclusions Consultation Response Pro forma
1 Application Number DC/20/02614
2 Date of Response 27/07/2020
3 Responding Officer Name: Hannah Bridges Job Title: Waste Management Officer Responding on behalf of... Waste Services 4 Recommendation (please delete those N/A) No objection subject to conditions
Note: This section must be completed before the response is sent. The recommendation should be based on the information submitted with the application.
5 Discussion Ensure that the proposal is suitable for a 32 tonne RCV to Please outline the manoeuvre around the site and that the surface is reasons/rationale behind suitable for a RCV to drive on. Attached are the vehicle how you have formed the specifications for reference. recommendation. Please refer to any guidance, policy or material considerations that have OLYMPUS - 8x4MS Wide - Euro 6 - Smooth Body RCV Data Sheet_20131030.pdf informed your recommendation. All bins would need to be brought up to the main service road for collection and left at the edge of the curtilage. Plot 20 and 21 bins to be presented at the end of the drive. Please provide a map of all the wheeled bin presentation points for approval.
6 Amendments, Clarification or Additional Information Required (if holding objection)
If concerns are raised, can they be overcome with changes? Please ensure any requests are proportionate
7 Recommended conditions Meet the conditions in the discussion.
Please note that this form can be submitted electronically on the Councils website. Comments submitted on the website will not be acknowledged but you can check whether they have been received by reviewing comments on the website under the application reference number. Please note that the completed form will be posted on the Councils website and available to view by the public.
MS0001 18 November 2020
Mr Bradly Heffer Principal Planning Officer Babergh & Mid Suffolk District Councils Endeavour House 8 Russell Road Ipswich IP1 2BX By email to [email protected]
Dear Bradly
Re: Application DC/20/02614/RM – Land at Warren Farm, The Street, Badwell Ash
I am writing further to the recent deferral of the above scheme at Planning Committee on 11 November 2020. Whilst Members of the Planning Committee were largely supportive of the scheme, it was deferred on the following grounds as summarised in the Committee Minutes, your email of 12 November and subsequent discussions:-
Use of tandem parking, in particular on the identified 4-bedroom plots; and the proposed rear parking court in the south-western corner of the development; Clarification on the use of the open space and associated car parking; and Clarification on the service strip between plots 16 & 17 and the nature of its use.
The above matters are addressed by this letter and enclosures which comprise the following:-
Updated Proposed Site Plan (drawing no. 2305-30D); Updated Boundary Treatment Plan (drawing no. 2305-24G); and Updated Landscape Strategy (drawing no.20.05083.01 RevD).
It should be clarified that no other reports or drawings require updating in light of the revisions to the scheme set out below.
Tandem parking and rear parking court
The south-western part of the site in particular has been re-designed with the removal of the rear parking court and the 2-bed semi-detached properties at plots 11 and 12 moved west and re-orientated through 90 degrees giving these affordable units a larger rear garden. This also allows for 8 parking spaces for these properties to be provided to the front in accordance with the parking standard but still discrete at the end of the cul-de-sac. As a result of these revisions, a minor tweak has also been made to plot 10 with the 2 parking spaces now turned through 90 degrees and accessed from an extended shared surface to the west, whereas previously these were accessed from the north.
3 visitor parking spaces have been relocated to the front of the larger area of open space towards the
Sequence (UK) Limited is registered in England and Wales under company number 4268443, Registered Office is Cumbria House, 16-20 Hockliffe Street, Leighton Buzzard, Bedfordshire, LU7 1GN. VAT Registration Number is 500 2481 05.
MS0001 18 November 2020
entrance of the development. This complements the parking outside the central area of open space and will allow for a more even spread of visitor parking throughout the development.
Addressing the tandem parking comments, the revisions to the south western corner allow for some minor updates to plots 3, 16, 17, 20 & 21 so that 2 parking spaces can be provided side-by-side to the front of the respective garages for these 4-bedroomed properties. In addition, we have also similarly revised the parking for plot 9 which is a 3-bedroomed affordable unit to provide 2 spaces side-by-side.
I should also clarify, that plots 1, 2, 6 & 7 already had side-by-side parking in the original scheme and that this is retained in the updated proposals. Accordingly all examples of tandem parking are now removed in the current scheme shown on the enclosed drawings. As you are aware these amends have been agreed with Suffolk County Council as Local Highway Authority.
Open space and associated parking
The drawings enclosed with this letter, show that both areas of open space will be provided as informal recreational areas, predominantly grass, with some trees and ancillary planting.
We note concerns previously raised by Members of the Planning Committee that cars may park on the open space areas. However the attached plans show that the informal open space will have a variety of fencing to prevent vehicular access, with access only permitted by the management company for maintenance – for example ride-on lawn mowers.
Specifically addressing the visitor parking spaces, on both areas these will be formed with 0.6m high knee rail fencing to prevent encroachment on to the respective open space.
Service strip between plots 16 & 17
To confirm in writing my response at the previous Planning Committee meeting, this land is a service strip required in relation to an Anglian Water easement. Anglian Water require access to this land that is not within private ownership and therefore the strip is to be retained by the management company who would have access together with Anglian Water through a locked gated access.
The potential for a footpath link was considered further to Committee and discussed with Officers. However, there was considered to be limited merit in providing a footpath link through to the north as there is no specific desire line, and walking/cycling will be better served by links to the Public Right of Way network to the south, new shared surface through the scheme, and enhanced footpath provision along The Street that will result from the development.
In addition, Langham Road is subject to the National Speed Limit and has no footpaths. Access would be on a bend with limited visibility, a slight slope down to Langham Road and would require the removal of a section of the hedge along the northern boundary. This raises potential health and safety concerns and given the limited benefits, it is considered preferential to not provide a link north but encourage walkers and cyclists to use the purpose built shared surface through the development which will link with the upgraded footpath heading south back into the village along The Street, or alternatively picking up the Public Right of Way to the south of the site, for which a direct link will be provided.
Sequence (UK) Limited is registered in England and Wales under company number 4268443, Registered Office is Cumbria House, 16-20 Hockliffe Street, Leighton Buzzard, Bedfordshire, LU7 1GN. VAT Registration Number is 500 2481 05. MS0001 18 November 2020
Summary
It is considered that the above amendments address the grounds for deferral at the recent Planning Committee Meeting of 11 November and allow for the application to now be determined favourably, given the otherwise positive comments from Members of the Planning Committee.
Accordingly we would be grateful if this amended scheme could be returned to the next available meeting of Planning Committee ‘A’ on 09 December, with a further recommendation for approval.
Yours sincerely,
Graham Bloomfield BA (Hons), MA, MRTPI Land and New Homes Partner
Enc: Proposed Site Plan Boundary Treatment Plan Landscape Strategy
Sequence (UK) Limited is registered in England and Wales under company number 4268443, Registered Office is Cumbria House, 16-20 Hockliffe Street, Leighton Buzzard, Bedfordshire, LU7 1GN. VAT Registration Number is 500 2481 05. Philip Isbell – Chief Planning Officer Sustainable Communities
Mid Suffolk District Council Endeavour House, 8 Russell Road, Ipswich IP1 2BX
Website: www.midsuffolk.gov.uk
OUTLINE PLANNING PERMISSION TOWN AND COUNTRY PLANNING ACT 1990 THE TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2015
Correspondence Address: Applicant: Mrs Elaine Tague Mrs Elaine Tague Kings Head Kings Head Manningtree Road Manningtree Road Stutton Stutton Ipswich Ipswich Suffolk Suffolk IP9 2SW IP9 2SW
Date Application Received: 18-Mar-19 Application Reference: DC/19/01356 Date Registered: 19-Mar-19
Proposal & Location of Development: Outline Planning Application (all matters reserved) - Erection of up to 21No dwellings including new access (re-submission of withdrawn application DC/18/05331).
Land At Warren Farm, The Street, Badwell Ash, Suffolk
Section A – Plans & Documents: This decision refers to drawing no./entitled Site Location Plan received 20/03/2019 as the defined red line plan with the site shown edged red. Any other drawing showing land edged red whether as part of another document or as a separate plan/drawing has not been accepted or treated as the defined application site for the purposes of this decision.
The plans and documents recorded below are those upon which this decision has been reached:
Defined Red Line Plan Site Location Plan - Received 20/03/2019 Highway Access Plan 7 A - Received 20/03/2019 Footway Plan 7 B - Received 20/03/2019 Anglian Water Plan ref. 271514-1 - Received 20/03/2019 Existing Site Plan - Received 20/03/2019 Illustrative layout plan ref. 33622 - Received 20/03/2019
Section B: Mid Suffolk District Council as Local Planning Authority, hereby give notice that OUTLINE PLANNING PERMISSION HAS BEEN GRANTED in accordance with the application particulars and plans listed in section A subject to the following conditions:
1. Application for approval of reserved matters must be made not later than the expiration of three years beginning with the date of this permission, and the development must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates the final approval of the last such matter to be approved.
Reason - Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004
2. The development hereby permitted shall be carried out in accordance with the drawings/documents listed under Section A above and/or such other drawings/documents as may be approved by the Local Planning Authority in writing pursuant to other conditions of this permission or such drawings/documents as may subsequently be approved in writing by the Local Planning Authority as a non material amendment following an application in that regard.
Reason - For the avoidance of doubt and in the interests of proper planning of the development.
3. Before any development is commenced, and concurrently with the submission of reserved matters referred to in Condition 01 above, a scheme for the carrying out of the development in successive phases shall be submitted to the Local Planning Authority for approval. No development forming part of any phase other than the first, of any scheme subsequently approved in writing, shall be commenced until 75% of the development in the preceding phase has been occupied.
Reason - To enable the Local Planning Authority to secure an orderly and well designed development provided in appropriate phases to ensure minimal detriment to residential amenity, the environment and highway safety prior to the commencement of such development.
4. No development shall take place on site until the implementation of a programme of archaeological work has been secured, in accordance with a Written Scheme of Investigation which has been submitted to and approved in writing by the Local Planning Authority. The scheme of investigation shall include an assessment of significance and research questions; and: a. The programme and methodology of site investigation and recording. b. The programme for post investigation assessment. c. Provision to be made for analysis of the site investigation and recording. d. Provision to be made for publication and dissemination of the analysis and records of the site investigation. e. Provision to be made for archive deposition of the analysis and records of the site investigation. f. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation. g. Timetable for the site investigation to be completed prior to development, or in such other phased arrangement, as agreed and approved in writing by the Local Planning Authority.
Reason - To safeguard archaeological assets within the approved development boundary from impacts relating to any groundworks associated with the development scheme and to ensure the proper and timely investigation, recording, reporting and presentation of archaeological assets affected by this development. This condition is required to be agreed prior to the commencement of any development to ensure matters of archaeological importance are preserved and secured early to ensure avoidance of damage or lost due to the development and/or its construction. If agreement was sought at any later stage there is an unacceptable risk of lost and damage to archaeological and historic assets.
5. No building shall be occupied until the site investigation and post investigation assessment has been completed, submitted to and approved, in writing, by the Local Planning Authority, in accordance with the programme set out in the Written Scheme of Investigation as may be agreed by the Local Planning Authority. Provision shall be made for analysis, publication and dissemination of results and archive deposition.
Reason - To safeguard archaeological assets within the approved development boundary from impacts relating to any groundworks associated with the development scheme and to ensure the proper and timely investigation, recording, reporting and presentation of archaeological assets affected by this development.
6. Prior to the commencement of development details of the construction methodology shall be submitted to and approved in writing by the Local Planning Authority and shall incorporate the following information:-
Noise a) Working hours to be restricted between 08:00 and 18:00 Monday to Saturday (finishing at 13:00 on Saturday) with no working of any kind permitted on Sundays or any Public/Bank Holiday days. The contractor shall provide the Local Authority with as much warning as possible of any emergency work that is necessary to conduct outside of the permitted working hours. b) No vehicle connected with the works to arrive on site before 07:30 or leave after 19:00 (except in the case of emergency). c) All vehicles and mechanical plant used for the purpose of the works shall be fitted with effective exhaust silencers and shall be maintained in good and efficient working order. All compressors and generators shall be "sound reduced" models fitted with properly lined and sealed acoustic covers which shall be kept closed whenever the machines are in use, and all ancillary pneumatic percussive tools shall be fitted with mufflers or suppressers of the type recommended by the manufacturers and shall be kept in a good state of repair. Full use should be made of acoustic screens where necessary. d) Machines in intermittent use shall be shut down in the intervening periods between work or where this is impracticable, throttled down to a minimum. e) Where practicable, plant with directional noise characteristics shall be positioned to minimise noise at adjacent properties. Static machines shall be sited as far as is practicable from inhabited buildings.
Vibration f) The Developer or their Contractor shall comply with BS 6472: 1992 Evaluations of Human Exposure to Vibration in Buildings (1Hz-80Hz). Any vibration monitoring carried out shall also be in compliance with BS 6472: 1992. Dust & Smoke g) The Developer or their Contractor shall not be permitted to burn any materials on Site. h) Machinery with obvious defects, e.g. plant which emits an unreasonable amount of noise or exhaust smoke, shall be withdrawn from service without delay. i) The Developer or their Contractor shall take all reasonable measures which shall include the provision and use of adequate water spraying equipment to minimise dust nuisance and to damp down areas where activities are likely to create dust. Measures shall include the spraying by pressure hoses to suppress dust and the provision of bowsers where appropriate, and ensuring that stockpiles shall be covered to prevent the generation of dust. j) The Developer or their Contractor shall take all measures necessary to prevent spillage onto roads adjoining the Site and in wet weather shall prevent mud from the site being carried onto the highway.
Reason - To minimise detriment to nearby residential and general amenity by controlling the construction process to achieve the approved development. This condition is required to be agreed prior to the commencement of any development as any construction process, including site preparation, by reason of the location and scale of development may result adverse harm on amenity.
7. Before the access is first used visibility splays shall be provided with an X dimension of 2.4m and a Y dimension of 90m and thereafter retained in the specified form. Notwithstanding the provisions of Part 2 Class A of the Town & Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) no obstruction over 0.6 metres high shall be erected, constructed, planted or permitted to grow within the areas of the visibility splays.
Reason - In the interests of highway safety.
8. Before the development is commenced, details of the access and associated works, (including layout, levels, gradients, surfacing and means of surface water drainage), shall be submitted to and approved in writing by the Local Planning Authority.
Reason: To ensure that roads/footways are constructed to an acceptable standard.
9. Before any dwelling is first occupied, the developer shall construct a footway link to existing footway network. Design and Construction details shall first be submitted to and approved by the Local Planning Authority.
Reason: To ensure that suitable footways are provided to access the application site and to connect the sites with adjacent footways and bus stops.
10. Before the development is commenced, details of the estate roads and footpaths, (including layout, levels, gradients, surfacing and means of surface water drainage), shall be submitted to and approved in writing by the Local Planning Authority.
Reason: To ensure that roads/footways are constructed to an acceptable standard.
11. No dwelling shall be occupied until the carriageways and footways serving that dwelling have been constructed to at least Binder course level or better in accordance with the approved details except with the written agreement of the Local Planning Authority.
Reason: To ensure that satisfactory access is provided for the safety of residents and the public.
12. Before the development is commenced details shall be submitted to and approved in writing by the Local Planning Authority showing the means to prevent the discharge of surface water from the development onto the highway. The approved scheme shall be carried out in its entirety before the access is first used and shall be retained thereafter in its approved form.
Reason: To prevent hazards caused by flowing water or ice on the highway.
13. Before the development is commenced details of the areas to be provided for the [LOADING, UNLOADING,] manoeuvring and parking of vehicles including electric vehicle charging points and secure cycle storage shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out in its entirety before the development is brought into use and shall be retained thereafter and used for no other purpose.
Reason: To enable vehicles to enter and exit the public highway in forward gear in the interests of highway safety.
14. Before the development is commenced details of the areas to be provided for storage and presentation of Refuse/Recycling bins shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out in its entirety before the development is brought into use and shall be retained thereafter for no other purpose.
Reason: To ensure that refuse recycling bins are not stored on the highway causing obstruction and dangers for other users.
15. No development shall commence above slab level until a scheme for the provision and implementation of water, energy and resource efficiency measures, during the operational phases of the development shall be submitted to and approved, in writing, by the Local Planning Authority. The scheme shall include a clear timetable for the implementation of the measures in relation to the occupancy of the development. The scheme shall be constructed and the measures provided and made available for use in accordance with such timetable as may be agreed.
Reason - To enhance the sustainability of the development through better use of water, energy and resources reduce harm to the environment and result in wider public benefit in accordance with the NPPF.
SUMMARY OF POLICIES WHICH ARE RELEVANT TO THE DECISION:
NPPF - National Planning Policy Framework FC01 - Presumption In Favour Of Sustainable Development FC01_1 - Mid Suffolk Approach To Delivering Sustainable Development FC02 - Provision And Distribution Of Housing CS01 - Settlement Hierarchy CS02 - Development in the Countryside & Countryside Villages CS04 - Adapting to Climate Change CS05 - Mid Suffolk's Environment CS06 - Services and Infrastructure CS07 - Brown Field Target CS09 - Density and Mix SB02 - Development appropriate to its setting SB03 - Retaining visually important open spaces GP01 - Design and layout of development HB01 - Protection of historic buildings H03 - Housing development in villages H04- Proportion of Affordable Housing H07 - Restricting housing development unrelated to needs of countryside H13 - Design and layout of housing development H14 - A range of house types to meet different accommodation needs H15 - Development to reflect local characteristics H16 - Protecting existing residential amenity CL02 - Development within special landscape areas T09 - Parking Standards T10 - Highway Considerations in Development RT04 - Amenity open space and play areas within residential development
NOTES:
1. The proposal has been assessed with regard to adopted development plan policies, the National Planning Policy Framework and all other material considerations. The NPPF encourages a positive and proactive approach to decision taking, delivery of sustainable development, achievement of high quality development and working proactively to secure developments that improve the economic, social and environmental conditions of the area. In this case the applicant took advantage of the Council's pre-application service prior to making the application. The opportunity to discuss a proposal prior to making an application allows potential issues to be raised and addressed pro-actively at an early stage, potentially allowing the Council to make a favourable determination for a greater proportion of applications than if no such service was available.
2. The Local Planning Authority recommends that developers of housing estates should enter into formal agreement with the Highway Authority under Section 38 of the Highways Act 1980 relating to the construction and subsequent adoption of Estate Roads.
3. The works within the public highway will be required to be designed and constructed in accordance with the County Council's specification. The applicant will also be required to enter into a legal agreement under the provisions of Section 278 of the Highways Act 1980 relating to the construction and subsequent adoption of the highway improvements. Amongst other things the Agreement will cover the specification of the highway works, safety audit procedures, construction and supervision and inspection of the works, bonding arrangements, indemnity of the County Council regarding noise insulation and land compensation claims, commuted sums, and changes to the existing street lighting and signing.
4. It is an OFFENCE to carry out works within the public highway, which includes a Public Right of Way, without the permission of the Highway Authority. Any conditions which involve work within the limits of the public highway do not give the applicant permission to carry them out. These works will need to be applied for and agreed with Suffolk County Council as the Local Highway Authority. Application form under Section 278 of the Highways Act 1980 can be found at the following webpage: www.suffolk.gov.uk/planning-waste-and-environment/planning-and-development-advice/
5. The submitted scheme of archaeological investigation shall be in accordance with a brief procured beforehand by the developer from Suffolk County Council Archaeological Service Conservation Team. The applicant can find further details on the SCC Archaeology advisory services and charges online at http://www.suffolk.gov.uk/archaeology
6. There are assets owned by Anglian Water or those subject to an adoption agreement within or close to the development boundary that may affect the layout of the site. Anglian Water would ask that the following text be included within your Notice should permission be granted. Anglian Water has assets close to or crossing this site or there are assets subject to an adoption agreement. Therefore the site layout should take this into account and accommodate those assets within either prospectively adoptable highways or public open space. If this is not practicable then the sewers will need to be diverted at the developers cost under Section 185 of the Water Industry Act 1991. or, in the case of apparatus under an adoption agreement, liaise with the owners of the apparatus. It should be noted that the diversion works should normally be completed before development can commence.
7. The foul drainage from this development is in the catchment of Badwell Ash Water Recycling Centre that will have available capacity for these flows
8. The sewerage system at present has available capacity for these flows via a gravity discharge regime only. If the developer wishes to connect to the Anglian Water sewerage network they should serve notice under Section 106 of the Water Industry Act 1991. We wi Anglian Water will then advice them of the most suitable point of connection. Should the developer require a pumped solution, further consultation will be required with Anglian Water. (1) INFORMATIVE - Notification of intention to connect to the public sewer under S106 of the Water Industry Act Approval and consent will be required by Anglian Water, under the Water Industry Act 1991. Contact Development Services Team 0345 606 6087. (2) INFORMATIVE - Notification of intention to connect to the public sewer under S106 of the Water Industry Act Approval and consent will be required by Anglian Water, under the Water Industry Act 1991. Contact Development Services Team 0345 606 6087. (3) INFORMATIVE - Protection of existing assets - A public sewer is shown on record plans within the land identified for the proposed development. It appears that development proposals will affect existing public sewers. It is recommended that the applicant contacts Anglian Water Development Services Team for further advice on this matter. Building over existing public sewers will not be permitted (without agreement) from Anglian Water. (4) INFORMATIVE - Building near to a public sewer - No building will be permitted within the statutory easement width of 3 metres from the pipeline without agreement from Anglian Water. Please contact Development Services Team on 0345 606 6087. (5) INFORMATIVE: The developer should note that the site drainage details submitted have not been approved for the purposes of adoption. If the developer wishes to have the sewers included in a sewer adoption agreement with Anglian Water (under Sections 104 of the Water Industry Act 1991), they should contact its Development Services Team on 0345 606 6087 at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with Sewers for Adoption guide for developers, as supplemented by Anglian Water's requirements.
9. Condition Precedent Note
This permission / consent includes a condition precedent. Your development is potentially at risk of enforcement if you do not comply with the terms of any condition which requires you to do something before you commence development / start work. Development which is commenced in breach of a condition is normally unlawful and may not constitute a valid implementation of the permission. We strongly advise you to allow reasonable time for the preparation, and consideration of, any conditional matters before the time limit on this applications expires.
10. Environmental Health at the District Councils should be contacted in the event of unexpected ground conditions / contamination being encountered during construction. The developer should be aware that the responsibility for the safe development of the site lies with them at all times.
11. This planning permission has been granted having regard to a related Section 106 planning obligation. Reference should be made to that planning obligation in conjunction with this decision notice.
Babergh and Mid Suffolk District Councils have adopted Community Infrastructure Levy (CIL) charging which affects planning permissions granted on or after 11th April 2016 and permitted development commenced on or after 11th April 2016. If your development is for the erection of a new building, annex or extension or the change of use of a building over 100sqm in internal area or the creation of a new dwelling or holiday let of any size your development may be liable to pay CIL and you must submit relevant documents to our Infrastructure Team telling us more about your development, who will pay CIL and when the development will start. You will receive advice on the amount you have to pay and what you have to do and you can find more information about CIL on our websites here: CIL in Babergh and CIL in Mid Suffolk or by contacting the Infrastructure Team on: [email protected]
This relates to document reference: DC/19/01356
Signed: Philip Isbell Dated: 30th August 2019
Chief Planning Officer Sustainable Communities Important Notes to be read in conjunction with your Decision Notice
Please read carefully
This decision notice refers only to the decision made by the Local Planning Authority under the Town and Country Planning Acts and DOES NOT include any other consent or approval required under enactment, bylaw, order or regulation.
Please note: depending upon what conditions have been attached to the decision, action may be required on your part before you can begin your development. Planning conditions usually require that you write to the Local Planning Authority and obtain confirmation that you have discharged your obligations. You should read your decision notice in detail and make a note of the requirements placed on you by any conditions. If you proceed with your development without complying with these conditions you may invalidate your permission and put your development at risk.
Discharging your obligations under a condition:
You should formally apply to discharge your conditions and the relevant application forms are available on the Council’s website. The Local Planning Authority has 8 weeks to write to you after you submit the details to discharge your conditions. You should always account for this time in your schedule as the Local Planning Authority cannot guarantee that conditions can be discharged quicker than this. A fee is applicable for the discharge of planning conditions.
Building Control:
You are reminded that the carrying out of building works requires approval under the Building Regulations in many cases as well as a grant of planning permission. If you are in doubt as to whether or not the work, the subject of this planning permission, requires such approval, then you are invited to contact the Building Control Section of Babergh and Mid Suffolk District Councils. Appeals to the Secretary of State
1. If the applicant is aggrieved by the decision of the Local Planning Authority to refuse permission or consent, or to grant permission or consent subject to condition, they may appeal to the Secretary of State for Communities and Local Government. The applicant’s right of appeal is in accordance with the appropriate statutory provisions which follow:
Planning Applications: Section 78 Town and Country Planning Act 1990
Listed Building Applications: Section 20 Planning (Listed Buildings and Conservation Areas) Act 1990
Advertisement Applications: Section 78 Town and Country Planning Act 1990 Regulation 15
Town and Country Planning (Control of Advertisements) Regulations 2007
Notice of appeal in the case of applications for advertisement consent must be served within eight weeks of receipt of this notice. Notice of Householder and Minor Commercial Appeals must be served within 12 weeks, in all other cases, notice of appeal must be served within six months of this notice. If this is a decision on a planning application relating to the same or substantially the same land and development as is already the subject of an enforcement notice, if you want to appeal against your local planning authority’s decision on your application, then you must do so within 28 days of the date of this notice. If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal against your local planning authority’s decision on your application, then you must do so within: 28 days of the date of service of the enforcement notice, or within six months of the date of this notice, whichever period expires earlier. Appeals must be made on a form which is obtainable from The Planning Inspectorate, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN or online at https://www.gov.uk/government/publications/modelnotification- notice-to-be-sent-to-an-applicant-when-permission-is-refused
The Secretary of State has power to allow a longer period for the giving of a notice of appeal but he/she will not normally be prepared to exercise this power unless there are special circumstances which excuse the delay in giving notice of appeal. The Secretary of State is not required to entertain an appeal if it appears to him/her that permission for the proposed development could not have been granted by the Local Planning Authority, or could not have been so granted otherwise than subject to the conditions imposed by it, having regard to the statutory requirements*, to the provisions of the Development Order, and to any directions given under the Order. The Secretary of State does not in practise refuse to entertain appeals solely because the decision of the Local Planning Authority was based on a direction given by him/her.
2. If permission or consent to develop land or carry out works is refused or granted subject to conditions, whether by the Local Planning Authority or by the Secretary of State and the owner of the land claims that the land has become incapable of reasonable beneficial use by the carrying out of any development or works which has been or would be permitted they may serve on the Council of the district in which the land is situated, a purchase notice requiring the Council to purchase his interest in the land in accordance with the provisions of Section 137 of the Town and Country Planning Act 1990 or Section 32 Planning (Listed Buildings and Conservation Areas) Act 1990. *The statutory requirements are those set out in Section 79(6) of the Town and Country Planning Act 1990, namely Sections 70 and 72(1) of the Act.
Babergh District Council M i d S u f f o l k D i s t r i c t C o u n c i l Endeavour House, 8 Russell Road, Ipswich IP1 2BX E n d e a v o u r H ouse, 8 Russell Road, Ipswich IP1 2BX Telephone: (0300) 1234 000 Telephone: (0300) 1234 000 SMS Text Mobile: (07827) 842833 S M S Text Mobile: (07827) 842833 www.babergh.gov.uk www.midsuffolk.gov.uk