6
PLANNING COMMITTEE – 28 March 2017
APPLICATION NO DC/16/5410/OUT & DC/16/5411/OUT
LOCATION
Land North And East Of
Hill Farm Road
Halesworth
Suffolk
EXPIRY DATE
28 March 2017
APPLICATION TYPE
Outline Application
APPLICANT
Hopkins Homes
PARISH
Halesworth
PROPOSAL
Outline Applications (with all matters other than means of access
reserved) for residential development of up to 160 dwellings with the
provision of a new meadow, additional site wide open space and
landscaping, land to enable an extension to the existing cemetery and
vehicular accesses off Hill Farm Road
DO NOT SCALE SLA100042052
Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s
Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may
lead to prosecution or civil proceedings.
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1
SUMMARY
1.1
This is a conjoined report the applications seeking to establish the principle of residential
development on land to the north and east of Hill Farm Road. The site falls within the
Strategic Gap between Halesworth and Holton, but includes proposals to pass the
remaining area of the Strategic Gap into public ownership. The applications are reported
to planning committee as they are large major planning applications.
1.2
The applicants have submitted identical applications concurrently.
2
SITE DESCRIPTION
2.1
Hill Farm Road runs north from Holton Road serving a small housing estate. The
applications site lies to the north and east of the existing housing area. The southern
boundary is formed by the rear gardens of frontage properties on Holton Road. The
eastern boundary is marked by an access track to Holton Orchards, and further north by
agricultural land. The northern boundary adjoins Town Farm (the farmhouse is listed grade
2). The western boundary is formed by dwellings on Hill Farm Road and The Paddocks,
then the cemetery and finally a track to Town Farm.
2.2
Hill House Farm, within the estate, is grade 2 listed.
2.3
The bulk of the applications site is agricultural land.
2.4
The site is outside the “Physical Limits” for Halesworth identified on the Local Plan
Proposals Map, and the site is within the Strategic Gap identified under Development
Management policy DM28.
2.5
The total site area is approximately 16.5 hectares, although not all of this is proposed to be
developed.
2.6
The total area of the Strategic Gap is 47.7 hectares
3
PROPOSAL
3.1 The applications have been submitted in outline with all matters reserved apart from
access. The two identical applications are DC/16/5410/OUT & DC/16/5411/OUT.
3.2
As noted above, the site area is approximately 16.5 ha. Of this approximately 5.8 ha would
be developed. In summary the proposals are for:
 Up to 160 dwellings, of which 56 would be social rented housing (35%)
 Provision for an extension to the cemetery.
 The remainder of the site is proposed as public open space.
3.3
As illustrated “Development Framework Plan” has been submitted. This shows a possible
layout for the residential development in particular. There are two existing access points
from Hill Farm Road, one between 18 and 20 Hill Farm Road where there is an existing
road stub and one at the northern end of Hill Farm Road, between 32 Hill Farm Road and 2
Bensleys Drift. Both are shown as being used. In addition there are footpaths shown both
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within the open space and joining existing footpaths at the northern end of the site close
to Town Farm and in the south east corner at the access to Orchards Farm.
4
CONSULTATIONS/COMMENTS
4.1
Neighbour consultation/representations: 32 representations have been received, 31
objections and one making comment. The main grounds of objection are:
The proposal if for far too many houses of the wrong sort in the wrong place. The scale,
location and extent of this proposal is unsuited to the local context and housing needs;
there are many more suitable infill development opportunities closer to the centre of
Halesworth.
The proposal would extinguish a significant proportion of the Strategic Gap included in the
current Local Plan intended to maintain the separate identity of Holton and Halesworth
and prevent development sprawl.
The proposal should include the restoration of the overgrown ponds on or adjoining the
site and the Green Lane in the north-east corner leading to Bungay Road.
Affordable homes to meet local needs should include starter homes for young first time
buyers and sheltered housing for the elderly; and moreover reduce dependence on car use
- this site is too remote from the centre
It is hard to imagine the consequences of over three hundred additional cars using Hill
Farm Road on the peace and tranquillity of the existing residents, let alone the
construction disruption to make this vast tract of houses.
This proposal is speculative and opportunistic and there is no provision for it in the Local
Plan.
Halesworth needs consolidation - not expansion - and there are many opportunities for
this where infill residential development will better sustain the economy of the town and
suit the requirement for smaller households not reliant on car use.
Outline Consent for these applications on this site would create a dangerous precedent for
countryside development and should therefore be refused.
The increase in traffic, including safety, noise and pollution. The existing gaps on to these
developments are not wide enough and no room to make them wider. The roads are not
wide enough for emergency vehicles.
Loss of habitat for the many animals we have seen over the years including, owls, deer,
wild birds, reptiles and small mammals.
Surface water - the field behind our house gets VERY boggy in winter and after significant
heavy rainfall.
The local infrastructure cannot cope with extra houses, the schools and the doctor’s
surgery are both full and no hospital in the vicinity. Halesworth is the furthermost town in
the country from any major hospital.
enough provision for housing at the moment with developments on Norwich Road and Old
Station Road about to start and I understand Badger Homes are above to develop land off
Saxon Way.
This development would destroy a beautiful area of Halesworth and should be kept for
generations to come.
Approximately eight years ago plans to build extra homes on fields adjacent to Hill Farm
Rd. were rejected by Waveney District Council on a number of counts.
Under the “Concept” proposal ponds are to be dug to contain extra water from Hill Farm.
The engineers should refer to local knowledge before trying to convince us at the Public
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4.2
Consultation that these ponds will divert sufficient water to prevent damage to our
properties. This system will be overwhelmed by the enormous amount of extra water
produced when that one field is covered in concrete oversites and roads.
The proposed development has only one access road on Holton Rd. This is a very busy local
road. With an extra 200 plus vehicles using the Hill Farm entrance, properties nearby will
have more problems getting access to the Holton Road.
Affordable housing is needed not “executive dwellings”.
Halesworth is a small market town and cannot support the enlarged workforce, leading to
retirement homes or out-commuting.
May cause flooding of properties adjacent to the Blyth River
The proposed open space is merely a sop to the planning process - the proposed area has
virtually no environmental value. The two fields to the East of Hill Farm Road (including the
new proposed environmental area) have little to offer in the way of interesting flora, they
represent land which was in arable use for many years, constantly treated with Herbicides
and Pesticides, although they have been allowed to regrow for the past few years the
damage to the more sensitive species is likely to be permanent.
Should this development go ahead there will be a need for the footpath access along
Holton Road and Quay Street towards the town to be widened. At the moment in many
places this path does not allow two people to pass without stepping into the road,
particularly if a pushchair or mobility aid is involved. The development as proposed will
result in an increase of both vehicular and, to a lesser degree, pedestrian traffic
significantly increasing the risk of an accident.
The developer proposes a 4-5 year development period. For all this time the residents
would have to endure construction traffic, noise, dust/debris on roads and in the air. This
would have an unacceptable cumulative impact on the quality of life and health of
residents.
Cycling and public transport: The applications refer to plans to increase residents transport
options by promoting more use of bicycles and public transport. In terms of bicycles, the
statement is rubbish because, contrary to what the document suggests, there are no cycle
paths along the B1123 and cycling along the road is already dangerous to the point that
many elect to cycle on the pavement with a resultant increased safety risk to both
pedestrians and cyclists. The fact that there are cycle paths in the vicinity does not mean
that they are easily accessible to local residents, so unless formal cycle paths along the
B1123 (and/or to and from the existing cycle network a minimum of c. 400 m south of that
road) are established, any suggestion to promote cycle transport to minimise private car
use is both deceiving and unrealistic. Public transport along the same road is restricted by
the awkwardness and height restriction of the railway bridge. Only last week, for example,
the community bus was rear-shunted by a car when trying to navigate under the bridge.
Halesworth Town Council Comments: The Council considered the recommendation from
the Planning Committee on the applications DC/16/5410/OUT and DC/16/5411/OUT, Hill
Farm Rd, Halesworth. These applications had been brought to the full Council for
consideration due to the size of the development. It was RESOLVED that the Council
agreed with the recommendations of the Planning Committee (Planning Committee
Minutes, 11th January, 2017) that these applications are refused primarily with regard to
the size of the development, its location and its impact on the town’s infrastructure and
also that the Committee did not agree with the supporting information with regard to
access and vehicular numbers, and for these reasons the Committee recommended that
both applications were refused.
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4.3
Holton Parish Council: Holton Parish Council members object to the planning applications
for the following reasons:
4.4
1)
The development is within the area between Holton and Halesworth designated as
the Strategic Gap and contrary to policy DM28
4.5
2)
The development is too large and will impact significantly and immediately on:

Local infrastructure and services, which already currently suffers with over
capacity; health care facilities including doctor’s surgery, dentist health, district nursing,
lack of schools, etc.

The volume of traffic, which will significant increase along Holton Road and concern
over the use of the single access point on/off Hill Farm Road

Insufficient off road parking proposed for the development
There is also
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Lack of adequate public transport links
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Insufficient current employment opportunities in the immediate vicinity

A low enough proportion of affordable homes in the applications
4.6
In addition, the Parish Council would like to see a clear proposal and long-term plan for the
identified remaining green areas, being owned and maintained in perpetuity.
4.7
Suffolk County Council Section 106 Officer I refer to the above outline application in
Waveney. This follows SCC’s previous pre-app response sent 26 October 2016.
4.8
I set out below Suffolk County Council’s views, which provides our infrastructure
requirements associated with this proposal and this will need to be considered by
Waveney District Council.
4.9
The National Planning Policy Framework (NPPF) paragraph 204 sets out the requirements
of planning obligations, which are that they must be:
a) Necessary to make the development acceptable in planning terms;
b) Directly related to the development; and,
c) Fairly and reasonably related in scale and kind to the development.
4.10
The County and District Councils have a shared approach to calculating infrastructure
needs, in the adopted Section 106 Developers Guide to Infrastructure Contributions in
Suffolk.
4.11
The Waveney Core Strategy was adopted in January 2009. It includes the following
objectives and policies relevant to providing infrastructure:
• Objective 7 seeks to Achieving more sustainable communities by ensuring facilities and
services are commensurate with development. This is implemented through Policy
CS04, which states that developer contributions will be sought to fund service provision,
where appropriate.
4.12
Community Infrastructure Levy. The Waveney District Council CIL Charging Schedule was
formally adopted on 22nd May 2013, with the charges coming into effect on all planning
decisions taken from 1st August 2013.
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4.13
Waveney District Council are required by Regulation 123 to publish a list of infrastructure
projects or types of infrastructure that it intends will be, or may be, wholly or partly
funded by CIL. The current Waveney 123 List, dated May 2013, includes the following as
being capable of being funded by CIL rather than through planning obligations:
• Strategic highway improvements
• Provision of cycling and pedestrian infrastructure
• Provision of library facilities
• Provision of off-site open space
• Provision of pre-school places as existing establishments
• Provision of primary school places at existing schools
• Provision of secondary, sixth form and further education places
• Provision of waste infrastructure
• Provision of police infrastructure
• Provision of health facilities
4.14
As of 6th April 2015, the 123 Regulations restrict the use of pooled contributions towards
items that may be funded through the levy. The requirements being sought in this case by
Suffolk County Council are to be requested through CIL, and therefore would meet the
new legal test. It is anticipated that the District Council is responsible for monitoring
infrastructure contributions being sought.
4.15
Site specific matters will be covered by a planning obligation and/or planning conditions.
The County Council will need to be a party to any sealed Section 106 legal agreement if it
includes obligations which are its responsibility as service provider.
4.16
The details of specific contribution requirements related to the proposed scheme are set
out below:
4.17
1. Education. NPPF paragraph 72 states ‘The Government attaches great importance to
ensuring that a sufficient choice of school places is available to meet the needs of existing
and new communities. Local planning authorities should take a proactive, positive and
collaborative approach to meeting this requirement and to development that will widen
choice in education’.
4.18
The NPPF at paragraph 38 states ‘For larger scale residential developments in particular,
planning policies should promote a mix of uses in order to provide opportunities to
undertake day-to-day activities including work on site. Where practical, particularly within
large-scale developments, key facilities such as primary schools and local shops should be
located within walking distance of most properties.’
4.19
Total education contributions: £292,344.00
4.20
The local catchment schools are Halesworth Edgar Sewter CP School and Bungay High
School. Based on existing capacities of the above schools we will currently require capital
contributions for 24 of the additional 40 primary school pupils arising from the
development. There is currently surplus capacity at the local High School but this situation
could change if forecasts increase and/or other development proposals are promoted in
the school catchment area.
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4.21
The scale of contributions is based on cost multipliers for the capital cost of providing a
school place, which are reviewed annually to reflect changes in construction costs. The
figures quoted will apply during the financial year 2016/17 only and have been provided to
give a general indication of the scale of contributions required should residential
development go ahead. The sum will be reviewed at key stages of the application process
to reflect the projected forecasts of pupil numbers and the capacity of the schools
concerned at these times. Once the Section 106 legal agreement has been signed, the
agreed sum will be index linked using the BCIS index from the date of the Section 106
agreement until such time as the education contribution is due. SCC has a 10 year period
from completion of the development to spend the contribution on education provision.
4.22
2. Pre-school provision. Education for early years should be considered as part of
addressing the requirements of the NPPF ‘Section 8 Promoting healthy communities’. It is
the responsibility of SCC to ensure that there is sufficient local provision under the
Childcare Act 2006. Section 7 of the Childcare Act sets out a duty to secure free early years
provision for pre-school children of a prescribed age. The current requirement is to ensure
15 hours per week of free provision over 38 weeks of the year for all 3 and 4 year-olds. The
Education Act 2011 amended Section 7, introducing the statutory requirement for 15
hours free early years education for all disadvantaged 2 year olds.
4.23
Through the Childcare Act 2016, the Government will be rolling out an additional 15 hours
free childcare to eligible households from September 2017.
4.24
This matter would result in approximately 16 children arising. This development is in the
Halesworth Ward, where there are 3 Early Education providers offering 97 places. It is
predicted that from September 2017 there will be a significant deficit of places in this
Ward. Therefore a proportionate contribution is sought in this matter to develop Early
Education places within the vicinity of the development.
4.25
Required pre-school contributions: £97,456.00
4.26
3. Play space provision. Consideration will need to be given to adequate play space
provision. A key document is the ‘Play Matters: A Strategy for Suffolk’, which sets out the
vision for providing more open space where children and young people can play. Some
important issues to consider include:
a. In every residential area there are a variety of supervised and unsupervised places for
play, free of charge.
b. Play spaces are attractive, welcoming, engaging and accessible for all local children and
young people, including disabled children, and children from minority groups in the
community.
c. Local neighbourhoods are, and feel like, safe, interesting places to play.
d. Routes to children’s play spaces are safe and accessible for all children and young
people.
4.27
4. Transport issues. The NPPF at Section 4 promotes sustainable transport. A
comprehensive assessment of highways and transport issues is required as part of any
planning application. This will include travel plan, pedestrian and cycle provision, public
transport, rights of way, air quality and highway provision (both on-site and off-site).
Requirements will be dealt with via planning conditions and Section 106 agreements as
appropriate, and infrastructure delivered to adoptable standards via Section 38 and
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Section 278. This will be co-ordinated by Ben Chester of Suffolk County Highway Network
Management.
4.28
In its role as Highway Authority, Suffolk County Council has worked with the local planning
authorities to develop county-wide technical guidance on parking in light of new national
policy and local research. This was adopted by the County Council in November 2014 and
replaces the Suffolk Advisory Parking Standards (2002). The guidance can be viewed at
http://www.suffolk.gov.uk/assets/suffolk.gov.uk/Environment%20and%20Transport/Plann
ing/2014-11-27%20Suffolk%20Guidance%20for%20Parking.pdf
4.29
5. Libraries. Refer to the NPPF ‘Section 8 Promoting healthy communities’. A minimum
standard of 30 square metres of new library space per 1,000 populations is required.
Construction and initial fit out cost of £3,000 per square metre for libraries (based on RICS
Building Cost Information Service data but excluding land costs). This gives a cost of (30 x
£3,000) = £90,000 per 1,000 people or £90 per person for library space.
4.30
The capital contribution towards the development of library services arising from this
scheme is £90 x 95 persons. This would be spent at the local catchment library and allows
for improvements and enhancements to be made to library services and facilities.
4.31
Libraries contribution: £34,560.00
4.32
6. Waste. All local planning authorities should have regard to both the Waste Management
Plan for England and the National Planning Policy for Waste when discharging their
responsibilities to the extent that they are appropriate to waste management. The Waste
Management Plan for England sets out the Government’s ambition to work towards a
more sustainable and efficient approach to resource use and management.
4.33
Paragraph 8 of the National Planning Policy for Waste states that when determining
planning applications for non-waste development, local planning authorities should, to the
extent appropriate to their responsibilities, ensure that:
- New, non-waste development makes sufficient provision for waste management and
promotes good design to secure the integration of waste management facilities with the
rest of the development and, in less developed areas, with the local landscape. This
includes providing adequate storage facilities at residential premises, for example by
ensuring that there is sufficient and discrete provision for bins, to facilitate a high quality,
comprehensive and frequent household collection service.
4.34
SCC requests that waste bins and garden composting bins should be provided before
occupation of each dwelling and this will be secured by way of a planning condition. SCC
would also encourage the installation of water butts connected to gutter down-pipes to
harvest rainwater for use by occupants in their gardens.
4.35
Waste Contribution: £ 0.00
4.36
7. Supported Housing. Section 6 of the NPPF seeks to deliver a wide choice of high quality
homes. Supported Housing provision, including Extra Care/Very Sheltered Housing
providing accommodation for those in need of care, including the elderly and people with
learning disabilities, may need to be considered as part of the overall affordable housing
requirement. Following the replacement of the Lifetime Homes standard, designing homes
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to Building Regulations Part M ‘Category M4(2)’ standard offers a useful way of meeting
this requirement, with a proportion of dwellings being built to ‘Category M4(3)’ standard.
In addition we would expect a proportion of the housing and/or land use to be allocated
for housing with care for older people e.g. Care Home and/or specialised housing needs,
based on further discussion with the Waveney housing team to identify local housing
needs.
4.37
8. Sustainable Drainage Systems. Section 10 of the NPPF seeks to meet the challenges of
climate change, flooding and coastal change. National Planning Practice Guidance notes
that new development should only be considered appropriate in areas at risk of flooding if
priority has been given to the use of sustainable drainage systems. Additionally, and more
widely, when considering major development (of 10 dwellings or more), sustainable
drainage systems should be provided unless demonstrated to be inappropriate.
4.38
On 18 December 2014 the secretary of State for Communities and Local Government (Mr
Eric Pickles) made a Ministerial Written Statement (MWS) setting out the Government’s
policy on sustainable drainage systems. In accordance with the MWS, when considering a
major development (of 10 dwellings or more), sustainable drainage systems should be
provided unless demonstrated to be inappropriate. The MWS also provides that in
considering:
4.39
“Local planning authorities should consult the relevant lead local flood authority on the
management of surface water; satisfy themselves that the proposed minimum standards
of operation are appropriate and ensure that there are clear arrangements in place for
ongoing maintenance over the lifetime of the development. The sustainable drainage
system should be designed to ensure that the maintenance and operation requirements
are economically proportionate.”
4.40
The changes set out in the MWS took effect from 06 April 2015.
4.41
9. Fire Service. The Suffolk Fire and Rescue Service requests that early consideration is
given to access for fire vehicles and provision of water for fire-fighting. The provision of
any necessary fire hydrants will need to be covered by appropriate planning conditions.
4.42
Suffolk Fire and Rescue Service (SFRS) seek higher standards of fires safety in dwelling
houses and promote the installation of sprinkler systems and can provided support and
advice on their installation.
4.43
10. Archaeology. Please refer to Rachael Abraham’s SCC Archaeological service letter 10
January 2017.
4.44
11. Superfast broadband. SCC would recommend that all development is equipped with
high speed broadband (fibre optic). This facilitates home working which has associated
benefits for the transport network and also contributes to social inclusion, it also impacts
educational attainment and social wellbeing, as well as impacting property prices and
saleability.
4.45
As a minimum, access line speeds should be greater than 30Mbps, using a fibre based
broadband solution, rather than exchange based ADSL, ADSL2+ or exchange only
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connections. The strong recommendation from SCC is that a full fibre provision should be
made, bringing fibre cables to each premise within the development (FTTP/FTTH).
4.46
This will provide a network infrastructure which is fit for the future and will enable faster
broadband.
4.47
12. Legal costs. SCC will require an undertaking for the reimbursement of its own legal
costs, whether or not the matter proceeds to completion.
4.48
13. Time Limits. The above information is time-limited for 6 months only from the date of
this letter.
4.49
Suffolk County - Rights Of Way – response included with main highways response below.
4.50
WDC Environmental Health - Contaminated Land: The GEMCO Phase 1/2 report
submitted with the applications identified a number of potential on and off-site sources of
contamination. In particular a filled pit has been identified partially on site and the western
boundary of the site abutted an intensive poultry farm for a number of years. However,
having been identified in the report as potential sources of contamination these two
features were not investigated or characterised as part of the intrusive investigation. As
such there remains a great deal of uncertainty surrounding these two features and further
investigation will be required to characterise them. In addition, having identified the on
site filled pity and various offsite sources of ground gas, only one round of gas monitoring
was carried out. This is insufficient to support any conclusions about the ground gas
regime at the site or the gas mitigation measures which may or may not be required in any
development. Further gas monitoring will be required.
4.51
This additional work, together with any remediation and validation which may
subsequently be required, should be secured using appropriately worded conditions, such
as (or similar):
4.52
"Unless otherwise agreed by the Local Planning Authority, development other than that
required to be carried out as part of an approved scheme of remediation must not
commence until conditions 1 to 4 have been complied with. If unexpected contamination
is found after development has begun, development must be halted on that part of the
site affected by the unexpected contamination to the extent specified by the Local
Planning Authority in writing until condition 4 has been complied with in relation to that
contamination.
4.53
1. Site Characterisation. An investigation and risk assessment, in addition to any
assessment provided with the planning application, must be completed in accordance with
a scheme to assess the nature and extent of any contamination on the site, whether or not
it originates on the site. The contents of the scheme are subject to the approval in writing
of the Local Planning Authority. The investigation and risk assessment must be undertaken
by competent persons and a written report of the findings must be produced. The written
report is subject to the approval in writing of the Local Planning Authority. The report of
the findings must include:
(i) a survey of the extent, scale and nature of contamination;
(ii) an assessment of the potential risks to:
• human health,
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• property (existing or proposed) including buildings, crops, livestock, pets, woodland and
service lines and pipes,
• adjoining land,
• groundwaters and surface waters,
• ecological systems,
• archaeological sites and ancient monuments;
(iii) an appraisal of remedial options, and proposal of the preferred option(s).
This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model
Procedures for the Management of Land Contamination, CLR 11’.
4.54
2. Submission of Remediation Scheme. A detailed remediation scheme to bring the site to a
condition suitable for the intended use by removing unacceptable risks to human health,
buildings and other property and the natural and historical environment must be
prepared, and is subject to the approval in writing of the Local Planning Authority. The
scheme must include all works to be undertaken, proposed remediation objectives and
remediation criteria, timetable of works and site management procedures. The scheme
must ensure that the site will not qualify as contaminated land under Part 2A of the
Environmental Protection Act 1990 in relation to the intended use of the land after
remediation.
4.55
3. Implementation of Approved Remediation Scheme. The approved remediation scheme
must be carried out in accordance with its terms prior to the commencement of
development other than that required to carry out remediation, unless otherwise agreed
in writing by the Local Planning Authority. The Local Planning Authority must be given two
weeks written notification of commencement of the remediation scheme works.
Following completion of measures identified in the approved remediation scheme, a
verification report (referred to in PPS23 as a validation report) that demonstrates the
effectiveness of the remediation carried out must be produced, and is subject to the
approval in writing of the Local Planning Authority.
4.56
4. Reporting of Unexpected Contamination. In the event that contamination is found at any
time when carrying out the approved development that was not previously identified it
must be reported in writing immediately to the Local Planning Authority. An investigation
and risk assessment must be undertaken in accordance with the requirements of condition
1, and where remediation is necessary a remediation scheme must be prepared in
accordance with the requirements of condition 2, which is subject to the approval in
writing of the Local Planning Authority.
Following completion of measures identified in the approved remediation scheme a
verification report must be prepared, which is subject to the approval in writing of the
Local Planning Authority in accordance with condition 3."
4.57
Essex And Suffolk Water PLC Please see attached a copy of our GIS drawing, we would
advise you that from our records our existing apparatus does appear to be affected by the
proposed development. We have no objection to the development subject to compliance
with our requirements. Consent is given to this development on the condition that new
metered water supply is provided for each new dwelling for revenue purposes.
4.58
Anglian Water: ASSETS Section 1 – Assets Affected. 1.1 Our records show that there are no
assets owned by Anglian Water or those subject to an adoption agreement within the
development site boundary.
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4.59
WASTEWATER SERVICES. Section 2 – Wastewater Treatment. 2.1 The foul drainage from
this development is in the catchment of Halesworth Water Recycling Centre that will have
available capacity for these flows.
4.60
Section 3 – Foul Sewerage Network. 3.1 The sewerage system at present has available
capacity for these flows via a gravity connection or a pumped connection at 3.8 l/s. If the
developer wishes to connect to our sewerage network they should serve notice under
Section 106 of the Water Industry Act 1991. We will then advise them of the most suitable
point of connection.
4.61
Section 4 – Surface Water Disposal. 4.1 From the details submitted to support the planning
applications the proposed method of surface water management does not relate to
Anglian Water operated assets. As such, we are unable to provide comments on the
suitability of the surface water management. The Local Planning Authority should seek the
advice of the Lead Local Flood Authority or the Internal Drainage Board. The Environment
Agency should be consulted if the drainage system directly or indirectly involves the
discharge of water into a watercourse.
4.62
Should the proposed method of surface water management change to include interaction
with Anglian Water operated assets, we would wish to be re-consulted to ensure that an
effective surface water drainage strategy is prepared and implemented.
4.63
Section 5 – Trade Effluent 5.1 Not applicable
4.64
Suffolk County - Highways Department: 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:
4.65
Further to receiving Highways and PROW letters regarding the above proposal from
Richard Jackson Engineering Consultants dated 15/02/17 ref: 47574/RL/DP, the following
conditions are recommended and Section 106 Contributions requested:
4.66
Highways Conditions:
4.67
1. The new vehicular accesses from Hill Farm Road shall be laid out and completed in all
respects in accordance with Drawing No. 47574/PP/SK02; and with an entrance width of
5.5 metres plus 1.8 metre footways and made available for use prior to occupation.
Thereafter the accesses shall be retained in the specified form.
4.68
Reason: To ensure that the accesses are designed and constructed to an appropriate
specification and made available for use at an appropriate time in the interests of highway
safety.
4.69
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.
4.70
Reason: To ensure that roads/footways are constructed to an acceptable standard.
32
4.71
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.
4.72
Reason: To ensure that satisfactory access is provided for the safety of residents and the
public.
4.73
Before the development is commenced details of the areas to be provided for the loading,
unloading, manoeuvring and parking of vehicles including 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.
4.74
Reason: To ensure the provision and long term maintenance of adequate on-site space for
the parking and manoeuvring of vehicles, where on-street parking and manoeuvring would
be detrimental to highway safety.
4.75
Off-site footway improvements to Hill Farm Road and Holton Road shall be completed in
accordance with Drawing No. 47574/PP/SK03 Rev A prior to occupation. A Section 278
Agreement will be required to carry out these works and the detailed design approved in
writing by the Highway Authority.
4.76
Reason: To ensure adequate footway links to Holton Road are provided.
4.77
Following construction of the development hereby permitted, the developer shall
resurface (and repair where necessary) the Hill Farm Road junction access onto Holton
Road. Additionally, the condition of the carriageway, footways and kerbs from this
junction to the development accesses shown on Drawing No. 47574/PP/SK02 shall be
surveyed prior to construction of the development and submitted to the Highway
Authority. Following construction, any damage to these areas will be rectified by the
developer.
4.78
Reason: To ensure that the construction of the development is not detrimental to the
condition of Hill Farm Road carriageway and footways.
4.79
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.
4.80
Highways Section 106 Contributions:
4.81
The following Section 106 Contributions are:
(a) necessary to make the development acceptable in planning terms;
(b) directly related to the development; and
(c) fairly and reasonably related in scale and kind to the development.
33
4.82
As agreed in the Highways letter regarding the above proposal from Richard Jackson
Engineering Consultants dated 15/02/17 ref: 47574/RL/DP, the following Section 106
Contributions are required to make the development acceptable to the Highway Authority:
4.83
Parking issues along Holton Road:
4.84
A £12,500 Section 106 contribution to fund a feasibility study and subsequent parking
restrictions (if required). The increase in traffic volume arising from the proposal will
exacerbate the existing issues at this location and this will provide an opportunity for the
developer to mitigate the impact of increased traffic at this ‘pinch point’.
4.85
Traffic calming on Holton Road:
4.86
A £7,500 Section 106 contribution to fund a SID (Speed Indicator Device) mounting point in
Holton Road and traffic calming road markings and road signs. This will provide an
opportunity for the developer to mitigate the impact of increased traffic and pedestrian
use of Holton Road in a location where measured vehicle speeds exceed the speed limit.
4.87
Rights of Way:
4.88
The amended Section 106 contribution request removes the Halesworth FP23
improvements as agreed in the Richard Jackson Engineering Consultants RoW Letter dated
15/02/17 ref: 47574/RL/DP. As the request to widen Holton Road footway is not being
provided, the following Section 106 Contributions are essential to make the development
acceptable to the Highway Authority by providing sustainable routes:
4.89
Public Footpath (FP) Surface Improvement Works






Halesworth FP7: 30m unsealed surface = £1,250
Halesworth FP16: 20m unsealed surface = £750.00
Halesworth FP17: 95m unsealed surface with drainage scheme and sealed surface link into
Bramblewood Way = £23,562.50
Holton FP7: 50m unsealed surface = £1,875.00
Holton FP6 - a direct link to Holton Primary School and The Street – 190m of unsealed
surface plus improvements to sealed surface at Orchard Valley - £7125 + £5000
Halesworth FP11 – route to town park and shops: 210 unsealed surface = £7,875.00
4.90
Footpath Creation
4.91
FP link from development to Loam Pit Lane (Halesworth FP17), providing a direct link to
the primary school and doctor’s surgery – 100m approx. unsealed surface £3750.00 plus
landowner compensation £712.50.
4.92
Within the red line:-
4.93
FP link from the housing across the proposed green space to make a link with FP6 to
Orchard Valley, providing a direct route to Holton Primary School and The Street
4.94
The subtotal of these works is £51,899.50
34
4.95
Staff time (design & project management) @ 12% = £6,227.94
4.96
Contingency @ 10% = £5,811.74
4.97
Order making costs = £4,000.00
4.98
Total s106 funding requested from this development = £67,318.00
4.99
Bus Stops:
4.100 An £8,000 Section 106 contribution to fund a raised kerb at the current unmarked stop
near the junction with Hill Farm Road and a bus shelter (£3,000 for the raised kerb and
shelter base plus £5,000 for the shelter). An improved bus stop facility that serves the
development would be an essential element of making the development sustainable.
4.101 Travel Plan:
4.102 SCC Travel Plan officer Chris Ward has provided further comments on the Travel Plan:
4.103 I have had a look through the Travel Plan (dated December 2016, amended 20th February
2017) and I can confirm that it is acceptable.
4.104 In regards to the Travel Plan Bond the appeals that I mentioned took place after the
Oxfordshire High Court decision, so they would have been flagged up by the respective
inspectors if they were not CIL compliant. If there is still an issue with the Travel Plan Bond
requirements, I would be willing to offer the applicant a one-off Travel Plan Contribution
through S106, to allow SCC to deliver the Travel Plan on their behalf, as an alternative to
paying the Travel Plan Evaluation and Support Contribution, Travel Plan Implementation
Bond and other Travel Plan obligations.
4.105 Waveney Norse - Property and Facilities were consulted on the 29 December 2016.
4.106 Police - Alan Keely Crime Reduction Beccles Police Station. Thank you for the opportunity
to comment on the above outline planning applications.
4.107 On a development of this type and size I would strongly recommend that an application for
Secured by Design approval is made.
4.108 An early input at the design stage is often the best way forward to promote a partnership
approach to reducing the opportunity for crime and the fear of crime.
4.109 Secured by Design aims to achieve a good overall standard of security for buildings and the
immediate environment. It attempts to deter criminal and anti-social behaviour within
developments by introducing appropriate design features that enable natural surveillance
and create a sense of ownership and responsibility for every part of the development.
4.110 These features include secure vehicle parking, adequate lighting of common areas, control
of access to individual and common areas, defensible space and a landscaping and lighting
scheme which when combined, enhances natural surveillance and safety.
35
4.111 Experience shows that incorporating security measures during a new build or a
refurbishment project reduces crime, fear of crime and disorder.
4.112 The role of the Designing Out Crime Officer within Suffolk Police is to assist in the design
process to achieve a safe and secure environment for residents and visitors without
creating a 'fortress environment'.
4.113 The SBD document Homes 16 is a detailed reference guide for housing developments and
is available from www.securedbydesign.com.
4.114 I would be pleased to work with the client and the designer at the detailed design stage
when the following should be considered:
4.115 Section 6.2 of the Design and Access Statement refers to Development Management Policy
DMO2 as being applicable to this development. This states that developers should "take
into account the need to promote public safety and deter crime and disorder through
careful layout and design of buildings, car parking areas, landscaping, public spaces and
pedestrian routeways";
4.116 Waveney's Development Policy also states that developments should be safe and take
account of crime prevention and community safety considerations. Developers should
therefore ensure that 'Secured by Design' principles are incorporated within all schemes.
4.117 This will require particular consideration to the layout of the development to allow for
effective natural surveillance and supervision of public areas. Where appropriate, public
areas should be clearly visible from adjoining buildings and the design and landscaping
should provide for clear sight-lines on public routes (paths, cycle ways etc.) and not create
unnecessary concealed areas.
4.118 Using these nationally recognised standards as design benchmarks can often result in a
more secure and safe development without placing a financial burden on the developer.
4.119 Other recommendations relating to Secured by Design include:
4.120 1
Section 17 of the 'Crime and Disorder Act 1998' This part of the CDA places a duty
on each local authority: 'to exercise its various functions with due regard to the likely
effect of the exercise of those functions on, and the need to do all that it reasonably can to
prevent crime and disorder in its area to include anti-social behaviour, substance misuse
and behaviour which adversely affects the environment'.
4.121 Despite other legislative considerations within the planning process, there is no exemption
from the requirement of Section 17 as above. Reasonable in this context should be seen as
a requirement to listen to advice from the Police Service (as experts) in respect of criminal
activity. They constantly deal with crime, disorder, anti-social acts and see on a daily basis,
the potential for 'designing out crime'.
4.122 This rationale is further endorsed by the content of PINS 953.
4.123 2
National Planning Policy Framework. Paragraph 58 states:-
36
4.124 "Planning policies and decisions should aim to ensure that developments create safe and
accessible environments where crime and disorder, and the fear of crime, do not
undermine quality of life or community cohesion".
4.125 Paragraph 69. This paragraph looks towards healthy and inclusive communities. The
paragraph includes:4.126 "Planning policies and decisions, in turn, should aim to achieve places which promote:
4.127 Safe and accessible developments where crime and disorder, and the fear of crime, do not
undermine quality of life and community cohesion"
4.128 I would ask that you take these points into account when making your decision.
4.129 SCC Flooding Authority: Notice is hereby given that the County Council as Lead Local Flood
Authority recommends that any permission which that Planning Authority may give should
include the conditions shown below:
4.130 Concurrent with the first reserved matters application a surface water drainage scheme
shall be submitted to, and approved in writing by, the local planning authority. The scheme
shall be in accordance with the approved FRA and include:

Dimensioned plans and drawings of the surface water drainage scheme;

Further infiltration testing on the site in accordance with BRE 365 and the use of
infiltration as the means of drainage if the infiltration rates and groundwater levels
show it to be possible;

If the use of infiltration is not possible then modelling shall be submitted to
demonstrate that the surface water runoff will be restricted to Qbar or 2l/s/ha for
all events up to the critical 1 in 100 year rainfall events including climate change as
specified in the FRA;

Modelling of the surface water drainage scheme to show that the
attenuation/infiltration features will contain the 1 in 100 year rainfall event
including climate change;

Modelling of the surface water conveyance network in the 1 in 30 year rainfall
event to show no above ground flooding, and modelling of the volumes of any
above ground flooding from the pipe network in a 1 in 100 year climate change
rainfall event, along with topographic plans showing where the water will flow and
be stored to ensure no flooding of buildings or offsite flows;

Topographical plans depicting all exceedance flowpaths and demonstration that
the flows would not flood buildings or flow offsite, and if they are to be directed to
the surface water drainage system then the potential additional rates and volumes
of surface water must be included within the modelling of the surface water
system;

Details of who will maintain each element of the surface water system for the life.
The scheme shall be fully implemented as approved.
4.131 Reason: To prevent flooding by ensuring the satisfactory storage and disposal of surface
water from the site for the lifetime of the development.
4.132 Concurrent with the first reserved matters application details of the implementation,
maintenance and management of the surface water drainage scheme shall be submitted
37
to and approved in writing by the local planning authority. The strategy shall be
implemented and thereafter managed and maintained in accordance with the approved
details.
4.133 Reason: To ensure clear arrangements are in place for ongoing operation and maintenance
of the disposal of surface water drainage.
4.134 The development hereby permitted shall not be occupied until details of all Sustainable
Urban Drainage System components and piped networks have been submitted, in an
approved form, to and approved in writing by the Local Planning Authority for inclusion on
the Lead Local Flood Authority’s Flood Risk Asset Register.
4.135 Reason: To ensure all flood risk assets and their owners are recorded onto the LLFA’s
statutory flood risk asset register
4.136 No development shall commence until details of a construction surface water
management plan detailing how surface water and storm water will be managed on the
site during construction is submitted to and agreed in writing by the local planning
authority. The construction surface water management plan shall be implemented and
thereafter managed and maintained in accordance with the approved plan.
4.137 Reason: To ensure the development does not cause increased pollution of the watercourse
in line with the River Basin Management Plan.
4.138 Informatives
 Any discharge to a watercourse or groundwater needs to comply with the Water
Environment (Water Framework Directive) (England and Wales) Regulations 2003
 The discharge of surface water to a watercourse that drains into an Internal Drainage
Board catchment is subject to payment of a surface water developer contribution
4.139 NHS Great Yarmouth And Waveney Clinical Commissioning Group was consulted on the
29 December 2016.
4.140 Waveney Landscape Manager: With regard to these two applications (which I understand
are twin applications and identical), I have visited the site and can advise you as follows on
matters relating to landscape and visual impacts:
4.141 The site lies within the Blyth Tributary Valley Farmland Landscape Character area (LCA) as
defined by the Waveney District Landscape Character Assessment. Whilst informative in
itself, is of specific relevance because it triggers Local Plan Policy DM27. To the south is the
Blyth and Wang Valley LCA which also triggers DM27. The LCA to the north is the Farmed
Plateau Clayland LCA which is not a DM27 related LCA.
4.142 The key characteristics of the Blyth Tributary Valley Farmland LCA are:
•
Settled landscape
•
Sunken lanes creating historic linkages between settlements.
•
Strongly textured landscape
•
A small to medium scale landscape in light of its subtly undulating landscape.
•
Predominantly arable farming use with pre-18th century co-axial fields set in a
network of mixed hedges and hedgerow tree.
38
•
•
Landform and field boundary vegetation combine to limit intervisibility with
adjacent character areas and framed views, except where hedgerow boundaries
have been eroded.
Outside of Halesworth the character area has a tranquil rural quality, with the
influence of settlement subtly perceived.
4.143 The LCA guidance goes on to describe the need to conserve the sense of separation
between settlements, notably the rural landscape between Halesworth and Holton, and
the need to conserve and enhance settlement edges woodlands.
4.144 On the basis that the application site shows only a limited number of typical landscape
characteristics for its type, and with limited visibility due to existing tree cover, I can advise
that it is likely that, with appropriate mitigation planting including boundary treatment,
this proposal can be accommodate in the landscape without significantly adverse
landscape and visual impacts arising.
4.145 I can advise you that the conclusions of the submitted LVIA are generally sound and
reliable, and the recommended mitigation and landscape enhancement measures should
form the basis for any landscape strategy that should be secured by condition should
planning consent be granted.
4.146 Suffolk Wildlife Trust: Thank you for sending us details of these applications. We have
read the Phase 1 and 2 ecological survey reports (both Southern Ecological Solutions,
December 2016) and have the following comments on these proposals:
4.147 Protected and/or UK and Suffolk Priority Species. The Phase 1 ecological survey report
recommends detailed surveys be undertaken for bats, great crested newts, reptiles and
breeding birds. Whilst the reptile and several of the bat surveys have been undertaken, we
note that further surveys for breeding birds, bats and great crested newts have not yet
been carried out. These surveys must be completed prior to the determination of these
applications in order to ensure that the decision is made based on all relevant material
considerations.
4.148 Reptile surveys at the site have recorded a ‘Good’ population of slow worms and common
lizards and a ‘Low’ population grass snake. We note that translocation of these animals to
the open space to that will form part of the development. Whilst in principle translocation
may be an acceptable mitigation technique, it must be demonstrated that the receptor
area is suitable for the species proposed for translocation. The results map provided within
the Phase 2 report identifies that reptiles were recorded on the edge of the area which is
proposed to form the receptor site, it must therefore be ensured that there is sufficient
habitat capacity created and that it is suitable to support reptiles ahead of any
translocation taking place. We recommend that should outline consent for this
development be granted, the production and implementation of a Reptile Mitigation
Strategy, setting out the detail for the translocation methodology, is secured by a suitably
worded condition. It should also be ensured that the use of the receptor area as part of the
proposed public open space does not conflict with the management required to provide
suitable habitat for reptiles.
4.149 In the absence of completed survey work for bats, great crested newts and breeding birds
it is not possible to assess the likely impact of the proposed development on these groups
39
or to provide detailed comments on potentially suitable mitigation measures. This
information must be made available prior to the determination of these applications to
ensure that all material considerations are appropriately addressed.
4.150 UK and Suffolk Priority Habitats. From the Parameters Plan it appears that the majority of
the hedgerows on the site are currently to be retained. However, further detail should be
provided about how these will be integrated in to the green infrastructure of the proposed
development and how they will be protected and management to maximise their
biodiversity value.
4.151 Designated Sites. This application site lies directly adjacent to Halesworth Cemetery
County Wildlife Site (CWS). It is important that the design of any development protects
and enhances this CWS and does not result in the connectivity between it and the wider
countryside becoming fragmented. It must also be ensured that the CWS is protected from
any damaging activities.
4.152 Ecological Enhancements and Long Term Management. The proposed development offers
the opportunity to provide ecological gains through the implementation of a detailed
Landscape and Ecological Management Plan (LEMP). The production and implementation
of such a plan should be secured as part of any planning consent.
4.153 A suite of ecological enhancements should be incorporated into the design of any new
development. Such enhancements could include, but are not limited to, integrated nesting
habitats for birds (such as swifts and house sparrows); integrated roosting habitats for bats
and boundaries which are permeable to hedgehogs.
4.154 The proposed open space also offers the opportunity for ecological enhancement and
should include planting with native species of local provenance. A long-term management
plan for any open space and new or retained habitat (including appropriate financial
contribution for works), should also be secured as part of any planning consent. Such a
plan should maximise the site’s value for biodiversity.
4.155 Conclusion. Surveys for, and the assessment of impact on, protected and/or UK and Suffolk
Priority species at this site remain outstanding. We therefore consider that there is
insufficient information currently available to determine these applications. In the absence
of demonstration that the proposed development will not result in adverse impacts on the
identified ecological receptors, permission should be refused in accordance with the
requirements of the National Planning Policy Framework (NPPF).
4.156 If you require any further information, please do not hesitate to contact us.
4.157 WDC Design and Conservation: These outline applications relate to the proposed
development of up to 160 houses with all matters reserved (except the means of access).
The Heritage Team concerns relates to the impact of the development on the setting of
the Grade II listed Town Farmhouse, located at the north-western corner of the land, and
on Hill Farmhouse, a Grade II building to the south-west of the site.
4.158 The land rises towards Town farmhouse, and the development appears to be located at
the south and west of the site, to the south of the hedgerow which traverses the land east-
40
west. This is lower down the hill than the farmhouse, and means there will be an
extremely limited visual connection between the two elements.
4.159 The proposal also illustrates park land to the northern half of the site, beyond the hedge,
between Town Farmhouse and the development. This would provide a welcome buffer
zone for the setting of this listed building. However, whilst the distance, topography and
landscaping suggests the impact of the development on the heritage asset would be
extremely limited, this is predicated on the assumption that the development would not,
at formal application stage, creep north of the hedgerow and further up the hill because
this could, subject to detail, either marginally or substantially impact on the setting of
Town Farmhouse.
4.160 The setting of Hill Farmhouse, situated on Holton Road, has been significantly
detrimentally compromised in the past by residential development to the west and the
east of the property – though this is no reason to amplify the harm by encroaching unduly
upon its northern boundary. Nevertheless, the proposed development to the north of the
hedgerow boundary could further affect the setting, subject to the density, location and
scale of the development. The agents’ D&AS states that ‘A Grade II listed building, Hill
Farmhouse, is located to the south, however the site is not considered to form part of its
setting by reason of the listed building’s containment by surrounding housing development
and landscaping with no public perception available’. Is this it? The extent of their
assessment of the impact on the setting of a statutorily protected building is three lines
long. This is very poor, and must be revisited.
4.161 Para.128 of the NPPF states that ‘in determining applications, local planning authorities
should require an applicant to describe the significance of any heritage assets affected,
including any contribution made by their setting. The level of detail should be
proportionate to the assets’ importance and no more than is sufficient to understand the
potential impact of the proposal on their significance. As a minimum the relevant historic
environment record should have been consulted and the heritage assets assessed using
appropriate expertise where necessary’.
4.162 Setting is a broad definition. In their guidance note HEAN3, Historic England state that
‘setting does not have a fixed boundary and cannot be definitively and permanently
described as a spatially bounded area…’ (pg.4) Surely the lpa must expect a robust defence
of the applications in terms of potential impacts on the setting of heritage assets?
4.163 In summary, it is not possible at this stage to offer a Heritage Team view - but suffice to say
it depends largely on the analysis of the potential impacts of the development on the
already emasculated setting of Hill Farmhouse. This should include accurate cross-sections
of the site to illustrate the scale and proximity of development from the asset, and a
thorough analysis of the setting in terms of HE guidance - and as noted above, it should be
provided by an agent appropriately expert in such an assessment.
4.164 Suffolk Fire And Rescue Service: comment on provision for fire hydrants, access and water
supply for fire fighting.
4.165 Suffolk County Archaeological Unit: This large site has never previously been subject to
any systematic archaeological investigation, but due to its size and proximity to known
sites recorded in the County Historic Environment Record, it has potential for the discovery
41
of important hitherto unknown heritage assets of archaeological interest. The proposed
development in located along the routeway which connects the historic settlements of
Halesworth and Holton (HWT 015 and HLN 011) and is situated in a topographically
favourable location for early occupation, on a south facing slope overlooking the River
Blyth. A Bronze Age axe has also been recorded in the vicinity (HWT 002). As a result there
is potential to encounter important archaeological deposits at this location and the
proposed works would destroy any surviving archaeological remains.
4.166 As is consistent with the advice which we have provided during pre-application discussions
and as part of LDF consultations, given the high potential, lack of previous investigation
and large size of the proposed development area, I recommend that, in order to establish
the full archaeological implications of this area and the suitability of the site for the
development, the applicant should be required to provide for an archaeological evaluation
of the site prior to the determination of these applications, in order to allow for
preservation in situ of any sites of national importance that might be defined (and which
are still currently unknown). This large area cannot be assessed or approved in our view
until a full archaeological evaluation has been undertaken, and the results of this work will
enable us to accurately quantify the archaeological resource (both in quality and extent).
This is in accordance with paragraphs 128 and 129 of the National Planning Policy
Framework as is consistent with the advice provided to the applicant during preapplication consultations.
4.167 Decisions on the suitability of the site, and also the need for, and scope of, any further
work should there be any below-ground archaeological finds of significance, will be based
upon the results of the evaluation.
4.168 In this case, an archaeological evaluation, consisting of a geophysical survey and trial
trenched evaluation will be required to establish the potential of the site. The results of
the evaluation must be presented with any application submitted for the site, along with a
detailed strategy for further investigation and appropriate mitigation. The results should
inform the development to ensure preservation in situ of any previously unknown
nationally important archaeological remains within the development area.
4.169 The Conservation Team of the Suffolk County Council Archaeological Service would be
pleased to offer guidance on the archaeological work required and will, on request,
provide a brief for each stage of the archaeological investigation. Please see our website
for further information on procedures and costs: http://www.suffolk.gov.uk/archaeology.
PUBLICITY
The applications has been the subject of the following press advertisement:
Category
Published
Expiry
Publication
Major Application,
13.01.2017
02.02.2017
Beccles and
Public Right of
Journal
Way Affected,
Major Application,
Public Right of
Way Affected,
13.01.2017
02.02.2017
42
Bungay
Lowestoft Journal
SITE NOTICES
The following site notices have been displayed:
General Site Notice
Reason for site notice: Major Application, In the Vicinity of
Public Right of Way, Date posted 04.01.2017 Expiry
date 24.01.2017
RELATED APPLICATIONS
Reference No
Proposal
DC/16/5411/OUT Outline Application for residential
development of up to 160 dwellings
with the provision of a new meadow,
additional site wide open space and
landscaping, land to enable an extension
to the existing cemetery and vehicular
accesses off Hill Farm Road
Decision
Date
awaited
REPORTED CONCURRENTLY
5
PLANNING POLICY
5.1
Relevant planning policies are:
5.2
Waveney Core Strategy policies CS01 (Spatial Strategy), CS11 Housing and CS16 Natural
Environment.
5.3
Development Management policies DM01 (Physical Limits), Policy DM18 (Affordable
Housing), DM22 Housing Development in the Countryside Policy DM27 (Protection of
Landscape Character), Policy DM28 (Strategic Gaps and Open Breaks)
5.4
In addition National Planning Policy Framework (NPPF) Paragraphs 14, 47, 49 and 113 are
also relevant.
6
PLANNING CONSIDERATIONS
6.1
These applications raise a number of issues. Key issues to consider in this application
include conformity with the Development Plan, landscape impact, biodiversity, access and
housing mix.
Development Plan Policies
6.2
The site is located outside of the physical limits of Halesworth, which is identified as a
Market Town in Policy CS01 of the Waveney Core Strategy. Policy CS01 states that 15-25%
of the District’s housing growth will be accommodated in the Market Towns with most of
this accommodated on previously developed land within Beccles and Halesworth. As of
April 2016, 29% of housing completions over the period 2001-2016 have been in the
market towns (62% of these have been in either Beccles or Halesworth).
43
6.3
Looking forward, the latest Strategic Housing Land Availability Assessment predicts that
based on current outstanding permissions, allocations and windfall, over the period 20012025 (the plan period), 23% of housing development would have occurred in the Market
Towns (58% in either Beccles or Halesworth). The addition of an extra 160 homes in
Halesworth will not result in the range of percentages for the market towns being
exceeded. However, it will further detract from the focus the policy places on Lowestoft,
which under current projections will not meet the 70-80% target.
6.4
The site in question is also a greenfield site. Policy CS01 states that more than 50% of
housing development is expected to be delivered on brownfield sites. Based on past
completions and projected future completions it is expected that the Council will meet this
target. The addition of an extra 160 homes on greenfield land will mean the Council will
just miss this target with delivery at 49.5%. Considering the above, it is considered that
the development of the site in isolation has minor conflict with the overall Spatial Strategy.
6.5
Policy CS11 of the Waveney Core Strategy provides further detail for the housing strategy
for the District and sets out a sequential approach housing developments. This site is
greenfield site outside of the physical limits and therefore is the least sequentially
preferable type of site. The Council’s Strategic Housing Land Availability Assessment
Update 2016 demonstrates that there is sufficient housing land over the next 5 years and
for the remainder of the plan period to accommodate the housing targets set out in the
Council’s Core Strategy. Therefore, there is no need for such a sequentially inferior site to
be developed in line with CS11. The proposal is therefore contrary to Policy CS11 of the
Core Strategy.
6.6
Policies DM01 and DM22 support the housing strategy of the Core Strategy and provide
extra detail on how to deal with planning applications for housing development.
6.7
Policy DM01 of the Waveney Development Management Policies states that development
will be concentrated within physical limits and the supporting text to policy states that
land outside of physical limits or allocated sites will be treated as being in the open
countryside. This site clearly fits the description of open countryside. Policy DM22 of the
Development Management Policies makes clear that housing development will not be
permitted in the open countryside except in the following circumstances:
 Dwellings for agricultural or forestry workers where there is an essential need for the
worker to live close to the workplace,
 Affordable housing exception sites
 Replacement dwellings for homes affected by coastal erosion
 Infill development, or
 Conversion of rural buildings
6.8
The proposed development fits with none of the above categories, therefore is contrary to
Policy DM01 and DM22.
Strategic Gap
6.9
Policy DM28 designates the application site as part of the strategic gap between
Halesworth and Holton, which has the aim of maintaining Halesworth and Holton as two
separate settlements. There is therefore the risk that this development would reduce the
44
spatial separation between Halesworth and Holton and erode the level of separation
between the two settlements. However of a total site area of 16.5 hectares only 5.8
hectares will be developed. The eastern flank of the application site will be retained as an
area of meadowland and open space and the application proposes that this will be
protected in perpetuity. This therefore retains an area of strategic gap that will be
protected on a permanent basis and potentially adds protection to the separate characters
of Halesworth and Holton. Erosion of the strategic gap is therefore counterbalanced by the
provision of a fully protected area of open space and biodiversity habitat.
Five Year Land Supply
6.10
In the Planning, Design and Access Statement, the applicant argues that the policies of
DM01, DM22, DM27 and DM28 are ‘out of date’ as they believe the Council does not have
a robust 5 year supply of housing. Paragraph 49 of the NPPF states that relevant policies
for the supply of housing should not be considered up to date if the local planning
authority cannot demonstrate a 5 year supply of housing.
6.11
The criticisms raised by the applicant on the robustness of the five year supply have been
considered below.
6.12
The applicant argues that the Council’s 5 Year Supply does not use the most up to date
objectively assessed housing need figure. The most up to date housing requirement for
the Waveney District for the current plan period of 2001 to 2025 is still that found in the
Core Strategy of 290 homes per annum. It is this figure, adjusted by reference to past
delivery that the five year supply is based upon. The figure of 381 homes per annum
quoted by the applicant relates to a different plan period of 2011 to 2036 and originates
from a preliminary assessment of what the objectively assessed need might be for the new
Waveney Local Plan. Importantly, the robustness of this figure has not been tested at a
Local Plan examination. Furthermore, this figure is based on a jobs uplift to take into
account the growing offshore wind sector. The additional homes resulting from this jobs
uplift are not expected until the later parts of the current plan period (mid 2020s). As such
officers advise that it would be inappropriate to the use this figure for the purposes of the
5 year supply.
6.13
The applicant also questions the delivery of a number of sites. However, there is no
compelling evidence provided to justify their claims. All of the sites quoted have planning
permission. The Housing and Economic Land Availability Assessment Section of the
National Planning Practice Guidance states “Deliverable sites for housing could include
those that are allocated for housing in the development plan and sites with planning
permission (outline or full that have not been implemented) unless there is clear evidence
that schemes will not be implemented within 5 years.”
6.14
The applicant criticises the lack of a non-implementation/flexibility rate. The applicant
provides no evidence to support a 10% discount on sites with permission of less than 5
dwellings and 15% on site allocations with no planning permissions in place. Rather, than
applying apparently arbitrary discount percentages. The Council robustly investigates the
delivery of sites, as a result permissions on small sites have been discounted by
approximately 11%. Additionally, some allocations have already been discounted from the
supply where it is clear that there are proven delivery issues.
45
6.15
In conclusion, the Council defends a demonstrable 5-year housing land supply and
considers that the above policies are up to date and carry full weight in the planning policy
framework.
6.16
Officers recognise that the 5 year supply is both a rolling figure and is currently 5.8 years .
Delays in delivery could lead to an undersupply of housing land. With this in mind, it is
necessary to give some weight to the provision of housing on this site, as a means of
continuing the supply of developable housing land for the near future, as the Council
moves forward with the emerging Waveney Local Plan. Furthermore, the Council does not
have a confirmed objectively assessed need for housing for the emerging Waveney Local
Plan, there is a likelihood that the annual requirement for housing completions could rise.
It will be important on adoption of the new Waveney Local Plan to have a demonstrably
deliverable supply of sites for housing to meet the housing needs identified.
Landscape
6.17
The Waveney Landscape Character Assessment identifies the site as being within the Blyth
Tributary Farmland Character area. Policy DM27 states that development proposals which
affect this type of landscape character area will be refused unless there is an overriding
national need for development. In the Planning, Design and Access Statement, the
applicant argues that this part of Policy DM27 is inconsistent with the NPPF and therefore
carries less weight as it fails to differentiate between nationally and locally designated
landscapes. Nonetheless the application site is set within an area of some landscape value
as objectively identified by the evidence in the Landscape Character Assessment. Whilst
these parts of DM27 do not accord completely with the wording of NPPF paragraph 113
the remaining parts which require proposals for development to be informed by, and be
sympathetic to the considerations of the Landscape Character Assessment, are in
conformity and carry weight. The impact on the landscape and conformity with the
remainder of DM27 is considered in more detail below.
6.18
The key issue with respect to landscape is the potential impact on the landscape, given the
site’s location in a Tributary Valley Farmland Character Area. For this area the Waveney
Landscape Character Assessment states that the low-key, historic pattern of settlement
should be conserved. It also states that the sense of separation between settlements
should be preserved, noting the rural landscape between Halesworth and Holton. It also
states that the wooded settlement edges should be conserved and enhanced.
6.19
The outline proposal restricts residential development to the western part of the site
which is contained by mature hedgerows and has low visibility from public viewpoints.
The proposal seeks to retain the existing field boundaries and mature hedgerows. These
boundaries should be enhanced following the guidance in the Landscape Character
Assessment as part of any development.
6.20
The applications propose the construction of up to 160 dwellings, which on an area of 5.8
hectares would create a density of 27.6 houses per hectare.
6.21
This density is much higher than that of the surrounding development and could
undermine the more rural character of the area as noted in the Landscape Character
Assessment.
46
Benefits.
6.22
The main significant benefit of the scheme is the opportunity to protect a large area of the
strategic gap between Halesworth and Holton in perpetuity. This will need to be secured
through a section 106 agreement which may support transfer of the land to the Town
Council or alternative third party management organisation. The development will result
in a some loss of the gap (currently protected by policy) the preservation of land to the
north and east of the site will enable the aims of the strategic gap and the Landscape
Character Assessment to be achieved in the long term and reduce the pressure for future
development in that area. Securing this land also allows for potential improvements for
biodiversity and recreation which weigh heavily in favour of the scheme.
6.23
This application also proposes that the north-west portion of the development site be
reserved as a potential extension to Halesworth Cemetery. The Waveney District Council
Green Infrastructure Strategy (2015) states that there is no need for additional burial land
in the near future. However, it is possible that in the medium to longer term additional
burial space will be required. Therefore potential space for expansion does weigh (to some
lesser extent) in support of this scheme, with the proviso of adequate screening in the
form of tree planting between the cemetery extension and proposed residential areas.
6.24
In terms of access the site is located within cycling and walking distance of Halesworth
town centre, which contains a range of shops, services and facilities. It is also located
within walking and cycling distance of the railway station and Cutler’s Hill doctor’s surgery.
As the applicant notes it is located closer to the town centre than potential alternative
sites on the northern and southern edges of the town. It is considered to be otherwise in a
sustainable location.
6.25
The development of the site will bring economic development to Halesworth during the
build period and will help to support / extend local services and businesses. It will deliver
short / medium term employment in construction.
6.26
Other benefits of the site include provision of housing, including affordable housing
(compliant with Policy DM18)
6.27
Planning Balance
To conclude on Development Plan issues, the proposal is in conflict with Development
Plan. The Council has a five year supply, and therefore the relevant policies are up to date.
The development of 160 homes on this site would represent a significant departure from
the plan.
6.28
Additionally, the development may be considered to be out of character with the
surroundings and is likely to conflict with the objectives of the strategic gap and the
Landscape Character Assessment.
6.29
Notwithstanding the above, a significant material consideration weighing in favour of the
scheme is the protection of part of the strategic gap in perpetuity and the associated
improvements to biodiversity. The Council’s five year supply is marginal (5.8 years) and
the housing (including the affordable housing) delivered on this site in an accessible
location is also of benefit.
47
6.30
A further issue relates to highways issues. The scheme has been the subject of discussions
between the applicant and Suffolk Highways and SCC has now concluded that it raises no
objections, subject to the inclusion of conditions and a section 278 agreement. In addition
various matters are proposed for inclusion in the proposed section 106 agreement. Their
comments are included in paragraphs 4.64 – 4.104 of this report.
6.31
The proposed conditions consider provision of access roads, details of road construction,
timing of access provision, provision of parking facilities and off-site footpath
improvements to Hill Farm Road and Holton Road.
6.32
The proposed matters for inclusion in the section 106 agreement are:
 Investigation of parking issues on Holton Road
 Traffic calming on Holton Road
 Works to various rights of way
 Bus stops
 Travel Plan.
6.33
However the works to the rights of way could be considered to fall under “Pedestrian and
cycle infrastructure” on the Councils Regulation 123 list and therefore it may not be
possible to require their delivery under the s106 agreement.
6.34
A further issue is biodiversity. Ecological survey reports have been submitted but the
Suffolk Wildlife Trust has pointed to the need for further work, in particular breeding birds,
bats and great crested newts.
6.35
The Suffolk Wildlife Trust has also pointed out that the application site lies directly
adjacent to Halesworth Cemetery County Wildlife Site (CWS) and that it is important that
the design of any development protects and enhances this CWS and does not result in the
connectivity between it and the wider countryside becoming fragmented. It must also be
ensured that the CWS is protected from any damaging activities. These matters could be
dealt with at the detailed matters consideration stage .
6.36
The Suffolk Wildlife Trust also notes that the proposed development offers the
opportunity to provide ecological gains through the implementation of a detailed
Landscape and Ecological Management Plan (LEMP) and that the production and
implementation of such a plan should be secured as part of any planning consent.
6.37
The agent has made the following response in relation to the Suffolk Wildlife Trust’s
comments:
6.38
“The project ecologist has discussed matters with James Meyer who has advised that it is
now for the Local Planning Authority to consider whether there is sufficient information to
determine the applications.
6.39
Clearly whilst all Phase II Surveys have not yet been able to be completed due to seasonal
restrictions, the applications are made in outline and the detail requested can be the
subject of a reserved matters application at a later stage. Notwithstanding this, the
attached supporting statement provides comfort that the submitted reports provide
suitable baseline data on protected species and that mitigation is deliverable on the
significant “set aside” area for enhanced habitats within the application site.
48
6.40
Suffolk Archaeology has pointed to the need for an archaeological evaluation of the site
prior to the determination of these applications, in order to allow for preservation in situ
of any sites of national importance that might be defined (and which are still currently
unknown). In this case, an archaeological evaluation, consisting of a geophysical survey
and trial trenched evaluation will be required to establish the potential of the site. The
results of the evaluation must be presented with any application submitted for the site,
along with a detailed strategy for further investigation and appropriate mitigation. The
results will inform the detailed matters with development ensuring preservation in situ of
any previously unknown nationally important archaeological remains within the
development area.
6.41
By way of update, the agent has advised that the Brief was agreed with Suffolk County
Council Archaeology and as a result, a geophysical survey took place on site on 1st and 2nd
March.
6.42
The geophysics report is currently being finalised but the preliminary interpretation is that
this is not showing anything of any archaeological interest. Once the final report is
available they will issue it to SCC and expect to be able to discuss seeking agreement to
any necessary further investigations being carried out as a condition of planning
permission, if granted, given this is an outline application. Suitably worded conditions will
deliver appropriate mitigation on this matter.
6.42
Also in relation to heritage, there are two listed buildings in close proximity to the site.
Town Farmhouse and Hill Farmhouse. The Design and Conservation Officer has considered
both and concluded that the impact on the setting of Town Farmhouse would be
extremely limited.
6.43
The setting of Hill Farmhouse has been significantly compromised in the past by residential
development but the proposed development to the north of the hedgerow boundary
could further affect the setting, subject to the density, location and scale of the
development. A further Heritage Statement has been requested to assess this, and will be
available before the meeting, and so will be included in the “late representations” report.
6.43
Other matters, including surface water disposal and land contamination can be dealt with
by conditions.
CONCLUSION
7.1
These applications raise a number of issues in consideration of the “Planning Balance”, this
report considers these matters. However at its core the consideration of these proposals
revolve around non-compliance with the existing defined physical limits / strategic gap
expressed in the Development Plan. The matter then turns on whether there are any
other material considerations which may indicate that permission should be granted
contrary to the provisions of the plan.
7.2
Section 38 of the Planning and Compulsory Purchase Act 2004 states:
49
7.3
“If regard is to be had to the development plan for the purpose of any determination to be
made under the planning Acts the determination must be made in accordance with the
plan unless material considerations indicate otherwise.”
7.4
Paragraph 14 of the NPPF requires, consideration of the presumption in favour of
sustainable development, officers consider these provision are not met as the Council has
five year housing land supply. However, Paragraph 46 of the NPPF also requires that
Council’s take measures to significantly boost housing supply. A deliverable supply of land
is required to achieve this supply. Going forward, it is not sufficient to simply demonstrate
a current supply but also to clearly show how this supply may be maintained. The
proposals will also assist in providing a wider housing mix to meet local identified
requirements, as espoused in paragraph 50 of the NPPF.
7.5
In this case it is not disputed that the applications are contrary to the development plan the site lies outside the “Physical Limits” boundary for Halesworth and within the
“Strategic Gap”, impacts are created on landscape, ecological, and infrastructure from the
proposals. However there are balanced by benefits associated with the proposals,
including provision of housing, including affordable housing and safeguarding the future of
a significant area of the Strategic Gap by brining it into public ownership and those other
wider enhancements described above..
7.6
Although the Council considers that it does have a five year land supply, it is marginal and
granting permission for this development would help to secure it and support the wider
aims of the NPPF described above.
7.7
The issues are finely balanced, but it is considered that the Planning Balance is a positive
one and that those benefits are deliverable and significant. As such these elements are
sufficient to outweigh compliance with the development plan. The application is
recommended for approval, subject to the completion of a section 106 agreement, and
resolution through the detailed matters stages of those currently outstanding issues (most
notably the archaeological appraisal) via those conditions as set out below.
RECOMMENDATION DC/16/5410/OUT
That subject to:
1. The completion of a section 106 agreement covering developer contributions, affordable
housing and provision and future management of the open space / ecological & landscape
buffer.
2. Submission of an archaeological assessment and any further conditions arising from the
assessment and
3. The conditions as set out below,
That permission be granted.
Conditions:
1. a) Application for approval of any reserved matters must be made within three years of
the date of this outline permission and then
50
b) The development hereby permitted must be begun within either three years from the
date of this outline permission or within two years from the final approval of the reserved
matters, whichever is the later date.
Reason: To comply with section 92 of the Town and Country Planning Act 1990.
2. Details relating to the layout, scale, appearance and landscaping of the site (the "reserved
matters"), and measures to minimise water and energy consumption and to provide for
recycling waste shall be submitted to and approved by the Local Planning Authority before
any development is commenced.
Reason: To comply with Sections 91 and 92 of the 1990 Act.
3. The development hereby permitted shall be carried out in accordance with approved
drawing reference: 001 rev A and 47574/PP/SK02 received 23rd December 2016 and
47574/PP/SK03 rev A received 17 February 2017 for which permission is hereby granted.
Reason: To secure a properly planned development.
4. Unless otherwise agreed by the Local Planning Authority, development other than that
required to be carried out as part of an approved scheme of remediation must not
commence until conditions 5 to 8 have been complied with. If unexpected contamination
is found after development has begun, development must be halted on that part of the
site affected by the unexpected contamination to the extent specified by the Local
Planning Authority in writing until condition 4 has been complied with in relation to that
contamination.
5. Site Characterisation. An investigation and risk assessment, in addition to any assessment
provided with the planning application, must be completed in accordance with a scheme
to assess the nature and extent of any contamination on the site, whether or not it
originates on the site. The contents of the scheme are subject to the approval in writing of
the Local Planning Authority. The investigation and risk assessment must be undertaken by
competent persons and a written report of the findings must be produced. The written
report is subject to the approval in writing of the Local Planning Authority. The report of
the findings must include:
(i) a survey of the extent, scale and nature of contamination;
(ii) an assessment of the potential risks to:
• human health,
• property (existing or proposed) including buildings, crops, livestock, pets, woodland and
service lines and pipes,
• adjoining land,
• groundwaters and surface waters,
• ecological systems,
• archaeological sites and ancient monuments;
(iii) an appraisal of remedial options, and proposal of the preferred option(s).
This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model
Procedures for the Management of Land Contamination, CLR 11’.
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6. Submission of Remediation Scheme. A detailed remediation scheme to bring the site to a
condition suitable for the intended use by removing unacceptable risks to human health,
buildings and other property and the natural and historical environment must be
prepared, and is subject to the approval in writing of the Local Planning Authority. The
scheme must include all works to be undertaken, proposed remediation objectives and
remediation criteria, timetable of works and site management procedures. The scheme
must ensure that the site will not qualify as contaminated land under Part 2A of the
Environmental Protection Act 1990 in relation to the intended use of the land after
remediation.
7. Implementation of Approved Remediation Scheme. The approved remediation scheme
must be carried out in accordance with its terms prior to the commencement of
development other than that required to carry out remediation, unless otherwise agreed
in writing by the Local Planning Authority. The Local Planning Authority must be given two
weeks written notification of commencement of the remediation scheme works.
Following completion of measures identified in the approved remediation scheme, a
verification report (referred to in PPS23 as a validation report) that demonstrates the
effectiveness of the remediation carried out must be produced, and is subject to the
approval in writing of the Local Planning Authority.
8. Reporting of Unexpected Contamination. In the event that contamination is found at any
time when carrying out the approved development that was not previously identified it
must be reported in writing immediately to the Local Planning Authority. An investigation
and risk assessment must be undertaken in accordance with the requirements of condition
5, and where remediation is necessary a remediation scheme must be prepared in
accordance with the requirements of condition 6, which is subject to the approval in
writing of the Local Planning Authority.
Following completion of measures identified in the approved remediation scheme a
verification report must be prepared, which is subject to the approval in writing of the
Local Planning Authority in accordance with condition 7.
Reasons for conditions 4-8: Reason: To ensure that risks from land contamination to the
future users of the land and neighbouring land are minimised, together with those to
controlled waters, property and ecological systems, and to ensure that the development
can be carried out safely without unacceptable risks to workers, neighbours and other
offsite receptors.
9. The new vehicular accesses from Hill Farm Road shall be laid out and completed in all
respects in accordance with Drawing No. 47574/PP/SK02; and with an entrance width of
5.5 metres plus 1.8 metre footways and made available for use prior to occupation.
Thereafter the accesses shall be retained in the specified form.
Reason: To ensure that the accesses are designed and constructed to an appropriate
specification and made available for use at an appropriate time in the interests of highway
safety.
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.
52
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 of the areas to be provided for the loading,
unloading, manoeuvring and parking of vehicles including 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 ensure the provision and long term maintenance of adequate on-site space for
the parking and manoeuvring of vehicles, where on-street parking and manoeuvring would
be detrimental to highway safety.
13. Off-site footway improvements to Hill Farm Road and Holton Road shall be completed in
accordance with Drawing No. 47574/PP/SK03 Rev A prior to occupation. A Section 278
Agreement will be required to carry out these works and the detailed design approved in
writing by the Highway Authority.
Reason: To ensure adequate footway links to Holton Road are provided.
14. Following construction of the development hereby permitted, the developer shall
resurface (and repair where necessary) the Hill Farm Road junction access onto Holton
Road. Additionally, the condition of the carriageway, footways and kerbs from this
junction to the development accesses shown on Drawing No. 47574/PP/SK02 shall be
surveyed prior to construction of the development and submitted to the Highway
Authority. Following construction, any damage to these areas will be rectified by the
developer.
Reason: To ensure that the construction of the development is not detrimental to the
condition of Hill Farm Road carriageway and footways.
15. Concurrent with the first reserved matters application a surface water drainage scheme
shall be submitted to, and approved in writing by, the local planning authority. The scheme
shall be in accordance with the approved FRA and include:
 Dimensioned plans and drawings of the surface water drainage scheme;
 Further infiltration testing on the site in accordance with BRE 365 and the use of
infiltration as the means of drainage if the infiltration rates and groundwater levels
show it to be possible;
 If the use of infiltration is not possible then modelling shall be submitted to
demonstrate that the surface water runoff will be restricted to Qbar or 2l/s/ha for all
events up to the critical 1 in 100 year rainfall events including climate change as
specified in the FRA;
53

Modelling of the surface water drainage scheme to show that the
attenuation/infiltration features will contain the 1 in 100 year rainfall event including
climate change;
 Modelling of the surface water conveyance network in the 1 in 30 year rainfall event to
show no above ground flooding, and modelling of the volumes of any above ground
flooding from the pipe network in a 1 in 100 year climate change rainfall event, along
with topographic plans showing where the water will flow and be stored to ensure no
flooding of buildings or offsite flows;
 Topographical plans depicting all exceedance flowpaths and demonstration that the
flows would not flood buildings or flow offsite, and if they are to be directed to the
surface water drainage system then the potential additional rates and volumes of
surface water must be included within the modelling of the surface water system;
 Details of who will maintain each element of the surface water system for the life.
The scheme shall be fully implemented as approved.
Reason: To prevent flooding by ensuring the satisfactory storage and disposal of surface
water from the site for the lifetime of the development.
16. Concurrent with the first reserved matters application details of the implementation,
maintenance and management of the surface water drainage scheme shall be submitted
to and approved in writing by the local planning authority. The strategy shall be
implemented and thereafter managed and maintained in accordance with the approved
details.
Reason: To ensure clear arrangements are in place for ongoing operation and maintenance
of the disposal of surface water drainage.
17. The development hereby permitted shall not be occupied until details of all Sustainable
Urban Drainage System components and piped networks have been submitted, in an
approved form, to 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 all flood risk assets and their owners are recorded onto the LLFA’s
statutory flood risk asset register
18. No development shall commence until details of a construction surface water
management plan detailing how surface water and storm water will be managed on the
site during construction is submitted to and agreed in writing by the local planning
authority. The construction surface water management plan shall be implemented and
thereafter managed and maintained in accordance with the approved plan.
Reason: To ensure the development does not cause increased pollution of the watercourse
in line with the River Basin Management Plan.
19. Concurrent with the first reserved matters application a detailed Landscape and Ecological
Management Plan (LEMP) shall be submitted to and approved in writing by the Local
Planning Authority. The plan shall include details of ecological enhancements to be
incorporated into the design of any new development. Such enhancements could include,
but are not limited to, integrated nesting habitats for birds (such as swifts and house
sparrows); integrated roosting habitats for bats and boundaries which are permeable to
54
hedgehogs. The recommendations of the Plan shall be implemented in accordance the
agreed timetable
Reason: to ensure the provision of ecological enhancements.
20. Concurrent with the first reserved matters application proposals for the provision of fire
hydrants shall be submitted to and approved in writing and the approved fire hydrants
shall be installed before the development is first occupied
Reason: to ensure adequate provision is made for fire fighting.
21. In accordance with British Standard BS5837:2012 Trees in relation to design, demolition
and construction - Recommendations. A survey of the site shall be undertaken by the
developer and a plan prepared to a scale of not less than 1:500 showing: i) the existing and
intended final levels; ii) the exact location, quality, species and spread of all trees on the
site and indicating those to be felled during building operations; iii) all natural features
such as hedgerows, ponds streams and large shrubs and the treatment proposed, shall be
submitted to and approved by the Local Planning Authority before any development
commences. The approved details shall be strictly maintained for the duration of the
works.
Reason: To ensure the enhancement of the site by the retention of natural features.
22. No development shall take place until the existing trees on site, agreed with the Local
Planning Authority for inclusion in the scheme of landscaping, have been protected by the
erection of temporary protective fences of a height, size and in positions which shall
previously have been agreed, in writing, with the Local Planning Authority. The protective
fences shall be retained throughout the duration of building and engineering works in the
vicinity of the tree to be protected. Any trees dying or becoming severely damaged as a
result of any failure to comply with these requirements shall be replaced with trees of
appropriate size and species during the first planting season, or in accordance with such
other arrangement as may be agreed in writing with the Local Planning Authority,
following the death of, or severe damage to the trees.
Reason: For the avoidance of damage to protected trees included within the landscaping
scheme in the interests of visual amenity and the character and appearance of the area.
23. All hedges or hedgerows within the site, unless indicated as being removed on the
approved drawings, shall be retained for at least five years following practical completion
of the approved development, unless otherwise agreed by the Local Planning Authority;
and these hedges shall be protected by the erection of secure fencing, to the satisfaction
of the Local Planning Authority in accordance with the relevant British Standards
(BS5837:2012 Trees in relation to design, demolition and construction Recommendations) for the duration of works on site.
Within the aforementioned five year period any parts of hedges or hedgerows removed
without the Local Planning Authority's consent or which die or become, in the Authority's
opinion, seriously damaged or otherwise defective shall be replaced and/or shall receive
remedial action as required by the Authority. Such works shall be implemented by not
later than the end of the following planting season, with plants of such size and species
and in such number and positions as may be agreed with the Authority. The hedge(s) shall
55
be reinforced with further planting where necessary to the satisfaction of the Local
Planning Authority.
Reason: To ensure the continuity of amenity afforded by existing hedges or hedgerow.
RECOMMENDATION DC/16/5411/OUT
That subject to:
1.
2.
3.
The completion of a section 106 agreement covering developer contributions, affordable
housing and provision and future management of the open space / ecological &
landscape buffer.
Submission of an archaeological assessment and any further conditions arising from the
assessment and
The conditions as set out below,
That permission be granted.
Conditions:
1.
a) Application for approval of any reserved matters must be made within three years of
the date of this outline permission and then
b) The development hereby permitted must be begun within either three years from the
date of this outline permission or within two years from the final approval of the
reserved matters, whichever is the later date.
Reason: To comply with section 92 of the Town and Country Planning Act 1990.
2.
Details relating to the layout, scale, appearance and landscaping of the site (the
"reserved matters"), and measures to minimise water and energy consumption and to
provide for recycling waste shall be submitted to and approved by the Local Planning
Authority before any development is commenced.
Reason: To comply with Sections 91 and 92 of the 1990 Act.
3.
The development hereby permitted shall be carried out in accordance with approved
drawing reference: 001 rev A and 47574/PP/SK02 received 23rd December 2016 and
47574/PP/SK03 rev A received 17 February 2017 for which permission is hereby granted.
Reason: To secure a properly planned development.
4.
Unless otherwise agreed by the Local Planning Authority, development other than that
required to be carried out as part of an approved scheme of remediation must not
commence until conditions 5 to 8 have been complied with. If unexpected contamination
is found after development has begun, development must be halted on that part of the
site affected by the unexpected contamination to the extent specified by the Local
Planning Authority in writing until condition 4 has been complied with in relation to that
contamination.
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5.
Site Characterisation. An investigation and risk assessment, in addition to any assessment
provided with the planning application, must be completed in accordance with a scheme
to assess the nature and extent of any contamination on the site, whether or not it
originates on the site. The contents of the scheme are subject to the approval in writing
of the Local Planning Authority. The investigation and risk assessment must be
undertaken by competent persons and a written report of the findings must be
produced. The written report is subject to the approval in writing of the Local Planning
Authority. The report of the findings must include:
(i) a survey of the extent, scale and nature of contamination;
(ii) an assessment of the potential risks to:
• human health,
• property (existing or proposed) including buildings, crops, livestock, pets, woodland and
service lines and pipes,
• adjoining land,
• groundwaters and surface waters,
• ecological systems,
• archaeological sites and ancient monuments;
(iii) an appraisal of remedial options, and proposal of the preferred option(s).
This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model
Procedures for the Management of Land Contamination, CLR 11’.
6.
Submission of Remediation Scheme. A detailed remediation scheme to bring the site to a
condition suitable for the intended use by removing unacceptable risks to human health,
buildings and other property and the natural and historical environment must be
prepared, and is subject to the approval in writing of the Local Planning Authority. The
scheme must include all works to be undertaken, proposed remediation objectives and
remediation criteria, timetable of works and site management procedures. The scheme
must ensure that the site will not qualify as contaminated land under Part 2A of the
Environmental Protection Act 1990 in relation to the intended use of the land after
remediation.
7.
Implementation of Approved Remediation Scheme. The approved remediation scheme
must be carried out in accordance with its terms prior to the commencement of
development other than that required to carry out remediation, unless otherwise agreed
in writing by the Local Planning Authority. The Local Planning Authority must be given
two weeks written notification of commencement of the remediation scheme works.
Following completion of measures identified in the approved remediation scheme, a
verification report (referred to in PPS23 as a validation report) that demonstrates the
effectiveness of the remediation carried out must be produced, and is subject to the
approval in writing of the Local Planning Authority.
8.
Reporting of Unexpected Contamination. In the event that contamination is found at any
time when carrying out the approved development that was not previously identified it
must be reported in writing immediately to the Local Planning Authority. An investigation
and risk assessment must be undertaken in accordance with the requirements of
condition 5, and where remediation is necessary a remediation scheme must be
prepared in accordance with the requirements of condition 6, which is subject to the
approval in writing of the Local Planning Authority.
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Following completion of measures identified in the approved remediation scheme a
verification report must be prepared, which is subject to the approval in writing of the
Local Planning Authority in accordance with condition 7.
Reasons for conditions 4-8: Reason: To ensure that risks from land contamination to the
future users of the land and neighbouring land are minimised, together with those to
controlled waters, property and ecological systems, and to ensure that the development
can be carried out safely without unacceptable risks to workers, neighbours and other
offsite receptors.
9.
The new vehicular accesses from Hill Farm Road shall be laid out and completed in all
respects in accordance with Drawing No. 47574/PP/SK02; and with an entrance width of
5.5 metres plus 1.8 metre footways and made available for use prior to occupation.
Thereafter the accesses shall be retained in the specified form.
Reason: To ensure that the accesses are designed and constructed to an appropriate
specification and made available for use at an appropriate time in the interests of
highway safety.
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 of the areas to be provided for the
loading, unloading, manoeuvring and parking of vehicles including 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 ensure the provision and long term maintenance of adequate on-site space
for the parking and manoeuvring of vehicles, where on-street parking and manoeuvring
would be detrimental to highway safety.
13. Off-site footway improvements to Hill Farm Road and Holton Road shall be completed in
accordance with Drawing No. 47574/PP/SK03 Rev A prior to occupation. A Section 278
Agreement will be required to carry out these works and the detailed design approved in
writing by the Highway Authority.
Reason: To ensure adequate footway links to Holton Road are provided.
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14. Following construction of the development hereby permitted, the developer shall
resurface (and repair where necessary) the Hill Farm Road junction access onto Holton
Road. Additionally, the condition of the carriageway, footways and kerbs from this
junction to the development accesses shown on Drawing No. 47574/PP/SK02 shall be
surveyed prior to construction of the development and submitted to the Highway
Authority. Following construction, any damage to these areas will be rectified by the
developer.
Reason: To ensure that the construction of the development is not detrimental to the
condition of Hill Farm Road carriageway and footways.
15. Concurrent with the first reserved matters application a surface water drainage scheme
shall be submitted to, and approved in writing by, the local planning authority. The
scheme shall be in accordance with the approved FRA and include:
• Dimensioned plans and drawings of the surface water drainage scheme;
• Further infiltration testing on the site in accordance with BRE 365 and the use of
infiltration as the means of drainage if the infiltration rates and groundwater levels show
it to be possible;
• If the use of infiltration is not possible then modelling shall be submitted to
demonstrate that the surface water runoff will be restricted to Qbar or 2l/s/ha for all
events up to the critical 1 in 100 year rainfall events including climate change as specified
in the FRA;
• Modelling of the surface water drainage scheme to show that the
attenuation/infiltration features will contain the 1 in 100 year rainfall event including
climate change;
• Modelling of the surface water conveyance network in the 1 in 30 year rainfall event
to show no above ground flooding, and modelling of the volumes of any above ground
flooding from the pipe network in a 1 in 100 year climate change rainfall event, along
with topographic plans showing where the water will flow and be stored to ensure no
flooding of buildings or offsite flows;
• Topographical plans depicting all exceedance flowpaths and demonstration that the
flows would not flood buildings or flow offsite, and if they are to be directed to the
surface water drainage system then the potential additional rates and volumes of surface
water must be included within the modelling of the surface water system;
• Details of who will maintain each element of the surface water system for the life.
The scheme shall be fully implemented as approved.
Reason: To prevent flooding by ensuring the satisfactory storage and disposal of surface
water from the site for the lifetime of the development.
16. Concurrent with the first reserved matters application details of the implementation,
maintenance and management of the surface water drainage scheme shall be submitted
to and approved in writing by the local planning authority. The strategy shall be
implemented and thereafter managed and maintained in accordance with the approved
details.
Reason: To ensure clear arrangements are in place for ongoing operation and
maintenance of the disposal of surface water drainage.
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17. The development hereby permitted shall not be occupied until details of all Sustainable
Urban Drainage System components and piped networks have been submitted, in an
approved form, to 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 all flood risk assets and their owners are recorded onto the LLFA’s
statutory flood risk asset register
18. No development shall commence until details of a construction surface water
management plan detailing how surface water and storm water will be managed on the
site during construction is submitted to and agreed in writing by the local planning
authority. The construction surface water management plan shall be implemented and
thereafter managed and maintained in accordance with the approved plan.
Reason: To ensure the development does not cause increased pollution of the
watercourse in line with the River Basin Management Plan.
19. Concurrent with the first reserved matters application a detailed Landscape and
Ecological Management Plan (LEMP) shall be submitted to and approved in writing by the
Local Planning Authority. The plan shall include details of ecological enhancements to be
incorporated into the design of any new development. Such enhancements could
include, but are not limited to, integrated nesting habitats for birds (such as swifts and
house sparrows); integrated roosting habitats for bats and boundaries which are
permeable to hedgehogs. The recommendations of the Plan shall be implemented in
accordance the agreed timetable
Reason: to ensure the provision of ecological enhancements.
20. Concurrent with the first reserved matters application proposals for the provision of fire
hydrants shall be submitted to and approved in writing and the approved fire hydrants
shall be installed before the development is first occupied
Reason: to ensure adequate provision is made for fire fighting.
21. In accordance with British Standard BS5837:2012 Trees in relation to design, demolition
and construction - Recommendations. A survey of the site shall be undertaken by the
developer and a plan prepared to a scale of not less than 1:500 showing: i) the existing
and intended final levels; ii) the exact location, quality, species and spread of all trees on
the site and indicating those to be felled during building operations; iii) all natural
features such as hedgerows, ponds streams and large shrubs and the treatment
proposed, shall be submitted to and approved by the Local Planning Authority before any
development commences. The approved details shall be strictly maintained for the
duration of the works.
Reason: To ensure the enhancement of the site by the retention of natural features.
22. No development shall take place until the existing trees on site, agreed with the Local
Planning Authority for inclusion in the scheme of landscaping, have been protected by
the erection of temporary protective fences of a height, size and in positions which shall
previously have been agreed, in writing, with the Local Planning Authority. The protective
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fences shall be retained throughout the duration of building and engineering works in the
vicinity of the tree to be protected. Any trees dying or becoming severely damaged as a
result of any failure to comply with these requirements shall be replaced with trees of
appropriate size and species during the first planting season, or in accordance with such
other arrangement as may be agreed in writing with the Local Planning Authority,
following the death of, or severe damage to the trees.
Reason: For the avoidance of damage to protected trees included within the landscaping
scheme in the interests of visual amenity and the character and appearance of the area.
23. All hedges or hedgerows within the site, unless indicated as being removed on the
approved drawings, shall be retained for at least five years following practical completion
of the approved development, unless otherwise agreed by the Local Planning Authority;
and these hedges shall be protected by the erection of secure fencing, to the satisfaction
of the Local Planning Authority in accordance with the relevant British Standards
(BS5837:2012 Trees in relation to design, demolition and construction Recommendations) for the duration of works on site.
Within the aforementioned five year period any parts of hedges or hedgerows removed
without the Local Planning Authority's consent or which die or become, in the Authority's
opinion, seriously damaged or otherwise defective shall be replaced and/or shall receive
remedial action as required by the Authority. Such works shall be implemented by not
later than the end of the following planting season, with plants of such size and species
and in such number and positions as may be agreed with the Authority. The hedge(s)
shall be reinforced with further planting where necessary to the satisfaction of the Local
Planning Authority.
Reason: To ensure the continuity of amenity afforded by existing hedges or hedgerow.
BACKGROUND INFORMATION:
CONTACT
See application ref: DC/16/5410/OUT at
www.eastsuffolk.gov.uk/public-access
Richard Amor, Team Leader (North Area), (01502) 523018,
[email protected]
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