MID SUFFOLK DISTRICT COUNCIL Minutes of the Meeting of The

MID SUFFOLK DISTRICT COUNCIL

Minutes of the meeting of the DEVELOPMENT CONTROL COMMITTEE B held in the King Edmund Chamber - Endeavour House, 8 Russell Road, Ipswich on Wednesday, 4 September 2019 - 09:30

PRESENT:

Councillor: Barry Humphreys MBE (Vice-Chair)

Councillors: Gerard Brewster Peter Gould Lavinia Hadingham Sarah Mansel John Matthissen Mike Norris Rowland Warboys

Ward Member(s):

Councillors: Andrew Mellen Stephen Philips

In attendance:

Officers: Chief Planning Officer (PI) Area Planning Manager (GW) Senior Planning Officer (DC) Development Management Planning Officer (AS) Planning Lawyer (IDP) Governance Officer (RC)

39 APOLOGIES FOR ABSENCE/SUBSTITUTIONS

Apologies of absence were received from Councillors Kathie Guthrie, Terence Carter, and Harry Richardson.

Councillor Gerard Brewster substituted for Councillor Guthrie.

Councillor Sarah Mansel substituted for Councillor Carter.

Councillor Lavinia Hadingham substituted for Councillor Harry Richardson.

It was noted that in the absence of Councillor Guthrie, Councillor Humphreys MBE Chaired the meeting.

40 TO RECEIVE ANY DECLARATIONS OF PECUNIARY OR NON-PECUNIARY INTEREST BY MEMBERS

Councillor Lavinia Hadingham declared a local non-pecuniary interest in application

DC/19/00108 as she knew the applicant.

41 DECLARATIONS OF LOBBYING

Councillor Mike Norris declared that he had been lobbied on application DC/18/05621.

Councillor Barry Humphreys MBE declared that he had been lobbied on application DC/19/00108.

42 DECLARATIONS OF PERSONAL SITE VISITS

None declared.

43 SA/19/7 CONFIRMATION OF THE MINUTES OF THE MEETING HELD ON 7 AUGUST 2019

It was resolved that the Minutes of the meeting from 7 August 2019 were confirmed and signed as a true record.

44 TO RECEIVE NOTIFICATION OF PETITIONS IN ACCORDANCE WITH THE COUNCIL'S PETITION SCHEME

None received.

45 SA/19/8 SCHEDULE OF PLANNING APPLICATIONS

In accordance with the Council’s procedure for public speaking on planning applications a representation was made as detailed below:

Application Number Representations From DC/18/05514 Richard Peaty (Bacton Parish Council) Carol Milward (Objector) Jon Jennings (Agent) Cllr Andrew Mellen (Ward Member) DC/18/05621 Paul Scully (Creeting St Mary Parish Council) Louise Mills (Agents Representative) Cllr Mike Norris (Ward Member) Cllr Stephen Philips (Ward Member) DC/19/00973 Ian Wright (Stonham Aspal Parish Council) Peter Emberson (Objector) Craig Beech (Agent) DC/19/00108 Cllr Peter Gould (Ward Member)

46 DC/18/05514 LAND SOUTH OF PRETYMAN AVENUE, BACTON, SUFFOLK

46.1 Item A

Application DC/18/05514 Proposal Outline planning application ( some matters reserved) – residential development of up to 85 dwellings and access, siting for a new community building including an independent access, and a children’s play area.

Site Location BACTON – Land South of Pretyman Avenue, Bacton, Suffolk Applicant Ms Ros Howe

46.2 The Case Officer presented the application to the Committee outlining the proposal before Members, the layout of the site, and the officer recommendation of approval. The Case Officer further advised Members of the following changes to the officer recommendation:

- On Page 37 – 1F seeks the securing of a serviced site and parking for the community hall. Corrected to state “public parking” and securing of community site is for 5 year period only. If after a 5 year period it is not taken up, then area will be secured as public open space, details and timing to be agreed by the LPA. Note also the extent of the area of the parking, associated access and footprint of the community centre as shown on the indicative plan is the area to be secured or otherwise for open space. - For the avoidance of doubt 35% of the 85 units is 29.75 units and this has been rounded up to mean securing of 30 units on site.

46.3 The Case Officer responded to Members’ questions on issues including: that Network Rail had been consulted but had not responded, the second access to the site, and the sustainability of the proposal.

46.4 Members considered the representation from Richard Peaty of Bacton Parish Council who spoke against the application.

46.5 The Parish Council representative responded to Members’ questions on issues including: the frequency and destinations of bus services in Bacton.

46.6 Members considered the representation from Carol Milward who spoke as an Objector.

46.7 Members considered the representation from Jon Jennings who spoke as the Agent.

46.8 The Agent responded to Members’ questions on issues including: details of landscape buffers, and the tenure and mix of the proposed Affordable Housing.

46.9 Members considered the representation from Councillor Andrew Mellen who spoke against the application.

46.10 Members debated the application on the issues including: the sustainability of the site and the current situation that Mid Suffolk District Council did have a 5 year Housing Land supply.

46.11 The Chief Planning Officer advised Members that based on previous appeal decisions in Bacton that although Mid Suffolk Could demonstrate a 5 year land supply, this did not debar further sustainable development from being approved.

46.12 Members continued to debate the application on issues including: the cumulative impact on the area, the distance to the local amenities, the access to the site, the railway crossing, and the car dependency of the proposal.

46.13 Councillor Lavinia Hadingham proposed that the application be approved as detailed in the updated officer recommendation. Councillor Gerard Brewster seconded the motion.

46.14 A further condition was requested by Councillor Sarah Mansel which was accepted by the proposer and seconded as detailed below:

 No housing in full or part, unless single storey only, shall be proposed at any point within 20 metres of the northern site boundary.

46.15 4 votes were cast for the motion and 4 votes were cast against.

46.16 The Chair used his casting vote to approve the application.

46.17 RESOLVED

That authority be delegated to the Chief Planning Officer – Sustainable Communities to grant Planning Permission for the above development:

(1) Subject to the prior agreement of a Section 106 Planning Obligation on appropriate terms to the satisfaction of the Chief Planning Officer – Sustainable Communities to secure:

(a) Provision, management and maintenance of public open space including LEAP, outdoor gym and SUDs. (b) 35% Affordable housing provision and mix (30 units on site) (c) SCC Travel Plan contribution and travel pack (d) School Contributions Build cost contribution (BCIS linked) of £411,831 (2019/2020 costs) The developer contributions will be secured for a period of up to 10 years and returned if not spent. (e) Skylark Mitigation Strategy (f) Serviced site and public parking for community hall and securing of community site is for 5 year period only. If after a 5 year period it is not taken up, then the area be secured as public open space, details and timing to be agreed with the LPA. Note also the extent of area of the parking, associated access and footprint of the community centre as shown on the indicative plan

is the area to be secured or otherwise for open space.

(2) That the Chief Planning Officer – Sustainable Communities be authorised to grant Outline Planning Permission upon completion of the legal agreement subject to conditions as summarised below and those as may be deemed necessary by the Chief Planning Officer including:

 Standard time limit  Reserved matters outline  Approved plans  Phasing of development  Mix and type of housing to be agreed  Provision of private resident replacement parking  Highways - details of estate roads  Highways – carriageways and footways  Highways - provision and retention of manoeuvring and parking areas  Highways - surface water discharge details  Highways - Construction Management Plan  Highways - Travel plan including website and travel plan pack  Highways – Refuse/recycling bin storage  Details of sustainable urban drainage system components and piped networks  Surface water drainage scheme  Details of implementation, maintenance, and management of surface water drainage scheme  Construction Surface Water Management Plan  Programme of archaeological work  No occupation until archaeological assessment complete  Arboricultural Report implementation  Unexpected contamination  Fire hydrant provision details  Sustainable efficiency measures  Ecology Report recommendations  Secure mitigation and ecology enhancement measures  Landscape Ecological Management Plan  Biodiversity Enhancement Strategy  Wildlife Sensitive Lighting Design Scheme  Construction Management Plan  Acoustic fencing and bund

(3) And the following informative notes as summarised and as may be deemed necessary by the Chief Planning Officer:  Pro active working statement  SCC Highways notes  SCC PROW notes

4) That in the event of the Planning obligations referred to in Resolution (1) above not being secured that the Chief Planning Officer – Sustainable

Communities be authorised to refuse the application on appropriate grounds. (5) That in the event of the Planning obligations referred to in Resolution (1) above not being secured within 6 months that the Chief Planning Officer – Sustainable Communities be authorised to refuse the application on appropriate grounds.

Additional condition:

 No housing in full or part, unless single storey only, shall be proposed at any point within 20 metres of the northern boundary of the site.

47 DC/18/05621 LAND OFF JACKS GREEN ROAD, CREETING ST MARY, SUFFOLK

47.1 Item B

Application DC/18/05621 Proposal Outline Planning Application (all matters reserved) – Residential Development for up to 43 dwellings (14 affordable) Site Location CREETING ST MARY – Land off Jacks Green Road, Creeting St Mary, Suffolk Applicant Needham Market & Barking Welfare Charities

47.2 The Case Officer presented the application to the Committee outlining the proposal before Members, the layout of the site, the contents of the tabled papers, and the officer recommendation of approval with conditions.

47.3 The Case Officer responded to Members’ questions on issues including: the drainage on the site, the school catchment areas and the response from Suffolk County Council, the power lines running over the site, and that access was part of any reserved matters application to come forward.

47.4 Members considered the representation from Paul Scully of Creeting St Mary Parish Council.

47.5 The Parish Council representative responded to Members’ questions on issues including: traffic accidents that had taken place in the area and flooding in the locality.

47.6 Members considered the representation from Louise Mills who spoke as the representative on behalf of the Agent.

47.7 Members considered the representation from Councillor Mike Norris who spoke as the Ward Member.

47.8 Members considered the representation from Councillor Stephen Philips who

spoke as the Ward Member.

47.9 The Ward Councillors responded to Members’ questions on issues including: schooling provision in the area, and the cumulative highways impact.

47.10 Members debated the application on the issues including: the sustainability of the proposal, the pedestrian access to Needham Market and the consultee response regarding flooding.

47.11 Councillor Lavinia Hadingham proposed that the application be approved as detailed in the officer recommendation. Councillor Gerard Brewster seconded the motion.

47.12 Councillor John Matthissen proposed that an additional informative note be added to the resolution as follows:

 Informative note referring to paragraph 148 to 150 NPPF to require the applicant for reserved matters to have regard to orientation in designing those reserved matters.

47.13 The proposer and seconder agreed to the additional informative note.

47.14 By a unanimous vote

47.15 RESOLVED

That authority be delegated to the Chief Planning Officer – Sustainable Communities to grant Planning Permission for the above development:

(1) Subject to the prior agreement of a Section 106 Planning Obligation on appropriate terms to the satisfaction of the Chief Planning Officer – Sustainable Communities to secure:

 Affordable housing with mix and tenancy to be agreed with the Professional Lead – Strategic Housing;  Contribution towards secondary school pupil travel costs as outlined within the response from Suffolk County Council’s Development Infrastructure Manager; and  To secure onsite delivery of open space and to agree management details for said open space with the requirement for public access to the open space at all times.

(2) That the Chief Planning Officer – Sustainable Communities be authorised to grant Planning Permission upon completion of the legal agreement subject to conditions as summarised below and those as may be deemed necessary by the Corporate Manager:  TIME LIMIT FOR RESERVED MATTERS APPLICATION  APPROVAL OF RESERVED MATTERS

 APPROVAL OF PHASING OF DEVELOPMENT  APPROVED PLANS & DOCUMENTS  SUBMISSION OF WRITTEN SCHEME OF ARCHAEOLOGICAL INVESTIGATION  COMPLETION AND SUBMISSION OF POST ARCHAEOLOGICAL INVESTIGATION ASSESSMENT REPORT  AGREEMENT TO EXTERNAL FACING AND ROOFING MATERIALS  CONSTRUCTION METHOD STATEMENT  TREE AND NATURAL FEATURE PROTECTION  FURTHER LAND CONTAMINATION INVESTIGATION  ACOUSTIC DESIGN STATEMENT  SUSTAINABILITY AND ENERGY STRATEGY  ACTION REQUIRED ON DISCOVERY OF LAND CONTAMINATION AT ANY TIME  SURFACE WATER DRAINAGE SCHEME  DETAILS OF SUDS COMPONENTS AND PIPED NETWORKS  FIRE HYDRANTS  SUBMISSION OF DETAIL OF ECOLOGICAL ENHANCEMENTS

(3) And the following informative notes as summarised and those as may be deemed necessary by the Chief Planning Officer:

 Statement of positive and proactive working in line with the National Planning Policy Framework (NPPF)  Statement on scheme of archaeological investigation informed by a site brief  Statement on the need to contact the Council’s Environmental Protection Team on discovery on unexpected contamination  Statement on need for development to be undertaken in line with section 23 of the Land Drainage Act 1991, the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, and section 50 license under the New Roads and Street Works Act 1991.

(4) That in the event of the Planning obligations referred to in Resolution (1) above not being secured that the Chief Planning Officer – Sustainable Communities be authorised to refuse the application on appropriate grounds.

(5) That in the event of the Planning obligations referred to in Resolution (1) above not being secured within 6 months that the Chief Planning Officer – Sustainable Communities be authorised to refuse the application on appropriate grounds.

Informative Note

 Informative note referring to paragraph 148 to 150 NPPF to require the applicant for reserved matters to have regard to orientation in designing those reserved matters.

48 DC/19/00973 LAND TO THE EAST OF HEATHERLEIGH, EAST END ROAD, STONHAM ASPAL, SUFFOLK

48.1 A short comfort break was taken between 11:25-11:35 after the completion of application DC/18/05621 but before the commencement of DC/19/00973.

48.2 Item C

Application DC/19/00973 Proposal Outline Planning Application (some matters reserved) – Erection of 34 No. dwellings and associated garaging and parking (affordable housing elements to be agreed as per LPA policy). Creation of vehicular access to highway and pedestrian pavement link to village and adjacent Stonham Barns (via Stonham Barns Section 106 agreed route).

Site Location STONHAM ASPAL – Land to the East of Heatherleigh, East End Road, Stonham Aspal, Suffolk Applicant Mr Andrew Turnbull

48.3 The Case Officer presented the application to the Committee outlining the proposal before Members, the layout of the site, and the officer recommendation of approval with conditions.

48.4 The Case Officer responded to Members’ questions on issues including: a proposed footway through Stonham Aspal to Stonham Barns, the response from Anglian Water, the response from the Planning Policy team, the current speed limits along the A1120 and those proposed with the new development, the designation of Stonham Aspal in the current Local Plan and what was proposed under the Joint Local Plan.

48.5 Members considered the representation from Ian Wright of Stonham Aspal Parish Council who spoke against the application.

48.6 The Parish Council representative responded to Members’ questions on issues including: the bus services in the area and the accessibility to footpaths.

48.7 Members considered the representation from Peter Emberson who spoke as an Objector.

48.8 Members considered the representation from Craig Beech who spoke as the Agent.

48.9 The Governance Officer read out a statement from the Ward Member, Councillor Suzie Morley, who was unable to attend the meeting.

48.10 Members debated the application on the issues including: the distance from the development to the core of the village, whether the proposed development

would be isolated, and the proposed changes to the speed limit.

48.11 Councillor Gerard Brewster proposed that the application be deferred however a seconder was not found.

48.12 Councillor John Matthissen proposed that the application be refused for the reasons as follows:

 1.The proposed development does not relate well to the existing built up area of Stonham Aspall and by reason of the foreseeable bulk and mass of the development would represent poor design in a countryside location and fail to respect or improve the character and quality of that area. It is considered that the proposed scheme would by reason of poor design be an unsustainable form of development contrary to the provisions of 2008 Core Strategy policies CS1, CS2 and CS5, FC1 of the Core Strategy Focused Review and contrary to paragraphs 124, 130 of the NPPF and having regard to paragraph 11 it is considered that the adverse impacts of granting permission significantly and demonstrably outweigh the benefits.

 2.Information presently to hand does not indicate that safe and suitable pedestrian access for all persons can be achieved and delivered before the scheme is occupied contrary to paragraph 108 of the NPPF and fails to demonstrate “good design” having regard to paragraphs 124 and 130 of the NPPF.

48.13 Councillor Sarah Mansel seconded the motion.

48.14 Members continued to debate the application on the issues including: the proposals relationship with the settlement boundary, pedestrian safety, and the proposals relationship with the existing pattern of development,

48.15 By a unanimous vote

48.16 RESOLVED

That the application was refused for the following reasons:

 2.Information presently to hand does not indicate that safe and suitable

pedestrian access for all persons can be achieved and delivered before the scheme is occupied contrary to paragraph 108 of the NPPF and fails to demonstrate “good design” having regard to paragraphs 124 and 130 of the NPPF.

49 DC/19/00108 CHESTNUTS FARM, LANGTON GREEN, EYE. SUFFOLK, IP23 7HL

49.1 Councillor Lavinia Hadingham left the meeting at 12:48 after the completion of application DC/19/00973 but before the commencement of DC/19/00108.

49.2 Item D

Application DC/19/00108 Proposal Full Planning Application – Erection of factory with an adjoining two-storey production office, a warehouse extension, a loading dock building, and material stockpile. Provision of 9 no. caravans for temporary accommodation for seasonal staff. Creation of vehicular access.

Site Location EYE- Chestnuts Farm, Langton Green, Eye, Suffolk, IP23 7HL Applicant Camstar Herbs Ltd

49.3 The Case Officer presented the application to the Committee outlining the proposal before Members, the layout of the site, and the officer recommendation of approval with conditions.

49.4 The Case Officer responded to Members’ questions on issues including: the proposed environmental sustainability measures and the proposed rendering of the buildings.

49.5 Members considered the representation from the Ward Member, Councillor Peter Gould, who spoke in support of the application.

49.6 The Ward Member responded to Members’ questions on issues including: the travel movements to and from the site.

49.7 Members debated the application on the issues including: the possibility of light pollution created by the site, and the economic benefits of the proposal.

49.8 Councillor John Matthissen proposed that the application be approved as detailed in the officer recommendation with the additional conditions as follows:

 Scheme of resource and energy efficiency measures TBA to achieve at least 10% energy efficiency  Add conditions re noise and light as per p281 SEPO advice  Scheme of resource and water efficiency from construction to occupation TBA  Colour of building TBA

Councillor Sarah Mansel Seconded the motion.

49.9 Councillor Gerard Brewster declared a local non-pecuniary interest as it had come to his attention that he had met the owner through meetings through as a Cabinet Member.

49.10 By a unanimous vote

49.11 RESOLVED

That authority be delegated to the Chief Planning Officer – Sustainable Communities to grant planning permission subject to conditions as summarised below and those as may be deemed necessary by the Chief Planning Officer:

 Standard time limit (3yrs for implementation of scheme/Outline/Reserved/Section73?)  Approved Plans (Plans submitted that form this application)  Restrictions in terms of use and occupancy of temporary accommodation for seasonal staff  Those required by the Local Highway Authority  Those required by the Council’s Ecology Consultants  Those required by the Council’s Landscape Consultants  Development to be carried out in accordance with accompanying Arboricultural Report  Those required by the Local Lead Flood Authority  Programme of Archaeological Works  Details of Fire Hydrants  Details of foul drainage to be agreed prior to commencement

Additional conditions

50 SITE INSPECTION

50.1 None requested.

The business of the meeting was concluded at 1.08 pm.

…………………………………….. Chair