04
The Committee received and considered the report and the addendum report from the Planning Officer.
The Planning Officer reported that the application proposed the erection of 77 dwellings, access, parking and associated external works (amended description of development). The application, initially submitted for 75 dwellings, was presented for determination at Planning Committee on the 31 July 2024, by which point it had been reduced to 74 proposed dwellings. At the meeting, following public speaking, officer presentation and debate, the application was deferred to negotiate amendments to the application and to bring the application back to the committee for determination.
The Planning Officer reported that the site is located within the development limits and within the area allocated under Policy CS18 of the Core Strategy for a mixed use development as an extension to Beacon Park, which seeks to provide a series of locally distinctive, high quality, walkable neighbourhoods that are well connected to the existing urban areas of Bradwell and Gorleston and the wider rural countryside through enhanced bus connections, footpaths, bridleways and cycle ways.
The Planning Officer reported that the site was subject to an Outline planning consent for up to 130 dwellings which was approved under Ref. 06/13/0703/O. The first two phases of this development were built out under Ref. 06/17/0790/D (Phase 1) and Ref. 06/18/0501/D (Phase 2) and the subject site, which was set down as the third and final phase of this development, has seen the planning permission lapse. Accordingly, a fresh, full planning application was required which is what is before Members for their consideration.
The Planning Officer reported that both of the earlier phases delivered 48 dwellings, which effectively are the new houses built at Mawkin Green, Ollands Road and Pightle Close. Phase 3 (this application site) was therefore expected to accommodate the balance of up to 82 dwellings. It is important to note that the outline application sought an ‘up to’ figure for the total number of dwellings, therefore offering flexibility for a reduced number if the design and layout warranted. This current application for 77 dwellings is a new application and should be assessed against current policy, but the foregoing permissions are a relevant material consideration, and it is noted that the development of 77 dwellings would be a number that would likely be considered within the tolerance levels expected to be provided through the outline permission.
The Planning Officer reported that the permeability through the site from Meadowlands, Mawkin Green and Ollands Road seeks to ensure that the open space, including the equipped area of play, is accessible not just to the new residents that would be accommodated but the wider residential area. The same applies to the access to Jews Lane which provides walking access to Ormiston Venture Academy and Ormiston Herman Academy as well as Emerald Park due easy.
The Planning Officer reported that although permission has lapsed, the site has for a number of years been considered suitable for residential development through the grant of outline planning permission and therefore makes a valuable contribution to the housing requirement in the local plan. The site itself, although undeveloped, does not make a valuable contribution to local open space. It is fenced off through metal Heras fencing from the surrounding residential development, although it appears is used for informal recreation such as dog walking, is overgrown, has building material stored on it as well as soil from previous developments.
The Planning Officer reported that the concerns of the local residents and the Parish Council are acknowledged; however, the outline consent is a material planning consideration that officers feel holds sufficient weight in this instance, and the impact of the additional dwellings on the wider community has been tested and considered acceptable.
The Planning Officer reported that noting the resolution of the previous Committee meeting, officers consider the revised details offer an improvement to the initial scheme and overcome the concerns raised and results in a well-designed, resident-friendly scheme which integrates into the wider area, which is within the defined settlement boundary. It is considered that the proposal complies with policies in the local plan that seek to direct new housing to such sustainable locations and in accordance with paragraph 11 of the NPPF (2024) the presumption of sustainable development should apply in this instance and planning permission should be granted.
The Planning Officer reported that Policy H3 of the LPP2 requires residential developments to meet the indicative minimum housing densities to support an efficient use of land. The density expected in Bradwell is 35 dwellings to the hectare. The net density of the site (when discounting the provision of open space) is approximately 30 dwellings to the hectare. The policy does make allowances for lower densities in limited circumstances. However, this proposal does not meet those exceptions set out in the policy.
The Planning Officer reported that the previous committee report recommended a reason for refusal based on the conflict with Policy H3. The revised and current scheme has secured an uplift in dwellings, which in turn seeks an increase in density from 30.6dph to 31.4dph. It is considered that this is broadly consistent with the surrounding developments, with Phases 1 and 2 representing 31.7dph and the Persimmon scheme immediately due south being 33.7dph. The uplift brings the development closer to that originally planned for in the now-lapsed outline consent referred to above.
The Planning Officer reported that whilst this density is still slightly lower than the required minimum density the development has a well-thought-out layout which responds to the constraints of the site and its unusual shape, and is of general good design. The density is also consistent with the wider character of the surrounding area which is a material consideration when assessing a scheme’s density. Having undertaken an appropriate balance of the refreshed application and the issues and benefits presented in this amended proposal, it is now considered acceptable on balance for the scheme to propose a slightly lower density than policy seeks, due to the number of benefits that would accrue from the nature of the development proposed and given the material considerations relevant to this application.
The Planning Officer reported that Officers note this position is contrary to the position adopted in July 2024, however there are new material considerations to hand since that point, including a newly amended proposal and layout which resolved some of the concerns over design and open space provision. It is now considered that a further increase in density would likely compromise some elements of the proposed layout such as creating a more cramped form of development, an increased predominance of parking, and a less balanced mix of housing sizes than is currently proposed.
The Planning Officer reported that the previous committee report(s) raised concern about the effective use of land due to the overprovision of open space. Policy CS18(k) of the Core Strategy requires provision of multifunctional green infrastructure including provision of well-linked public open space throughout the wider allocation. Policy H4 of the LPP2 requires new residential development to make provision for publicly accessible recreational open space where there is an identified deficit in local provision (defined by ward).
The Planning Officer reported that the location of the open space in this application is concentrated towards the eastern area, corresponding to an area of the site where there is highest risk of surface water flooding (1 in 100 year) and a recognised flow path along the eastern boundary. The Great Yarmouth Surface Water Management Plan seeks to keep such flow-paths free from development. Furthermore, it is shown through the drainage assessment and flood risk assessment that the amount of open space required here is fully justified and useable. The open space is well-located with natural surveillance and the small section on the southwestern area has been removed to facilitate an improved layout. The amount of open space from the previous scheme is therefore reduced. The benefits of the scheme, when taken as a whole, outweigh the harm caused by the slight over provision of open space leading to a reduced number of dwellings being provided at a lower than policy-informed preferred density, in this instance.
The Planning Officer reported that the proposed development does not provide any on-site outdoor sport provision or provision of allotments. The 31st July 2024 Committee meeting heard from the applicant that they would consider providing allotments to address the identified deficit in the Bradwell South and Hopton Ward (which is the area-based assessment for this site). No proposal has come forward in the current form, so it is necessary to assess the current provision in the Ward, and the impacts on that from this development. As such, the Open Space SPD expects a financial contribution to be provided towards off-site provision of both outdoor sports and allotments. As such a financial contribution will be required for off-site provision of these types of open space, to be required by Section 106 Agreement, to secure £591.41 per dwelling for outdoor sports facilities (£45,538.57) and £45.13 per dwelling for allotments provision (£3,475.01).
The Planning Officer reported that the application makes provision for ten dwellings to be affordable, which is an uplift of two additional affordable units over the policy requirement. This weighs in favour of the application. The affordable housing mix seeks 90% to the affordable rent and 10% to be shared ownership. The proposed plan complies with this with nine of the units being affordable rent tenure and the balance of one unit being shared ownership. As such, the affordable housing provision is considered to comply with Policy CS4 / UCS4 and the additional two dwellings above the policy requirement is an additional benefit which weighs in favour of the application, for consideration in the exercise of ‘weighing’ the conflict with policies (eg density) against the benefits of the proposal.
The Planning Officer reported that the proposed dwellings provide active frontages and surveillance to public areas including the open space to the east of the site as well as the internal roads and footpaths. The design is not considered cramped, and each property has sufficient private amenity space to meet their functional requirements. Parking is well-related to the dwellings to which they relate, and each property has an electric charging point.
The Planning Officer reported that the proposed footpath is separated from the access road through the site but provides safe footpath links on both sides of the road with the exception of a small portion on the north-eastern side of the site which is shown as open space. A number of pram crossings are shown across the site and a further footpath link due east to Jews Lane.
The Planning Officer reported that the applicant has provided an external materials schedule which shows the palate of proposed materials for both the dwellings but also the roads and driveways. The proposed materials are considered acceptable and respond positively to the wider residential area, which are all modern and traditional in their appearance. A condition is also proposed to ensure approval of details of materials before development commences.
The Planning Officer reported that the proposed layout is therefore considered acceptable and the changes to the layout represent a well-designed scheme that responds positively to the surrounding residential development and secures good level of design and permeability.
The Planning Officer reported that with regard to overlooking from elevations of plots in close proximity to existing houses, they do not have windows in the facing elevations and there are only non-habitable windows at first floor level. Plot 4 has an upper floor obscure glazed window which will not result in amenity issues. As such no issues regarding overlooking or loss of privacy are expected to arise. The properties are a sufficient distance apart for no adverse issues to arise in terms of loss of outlook, much less causing any overbearing impact on these existing properties as a consequence of this development.
The Planning Officer reported that vehicular access to the site is proposed through both Ollands Road to the west and Meadowlands to the north through the continuation of the existing 5.5m wide carriageways. The impact of additional vehicular activity in the wider area was considered at the grant of the initial outline planning application with the assessment being that the surrounding road network can absorb the additional traffic. This has been re-confirmed through this application with the Highways Authority not seeking to object to the application, and it is noted that the outline permission expected more dwellings at the site than are proposed in this application. It is accepted that there is local concern over the impact of additional traffic, and it is appreciated that some of the existing housing, particularly those that were phases one and two, will see an increase in activity, but this does not make the development unacceptable.
The Planning Officer reported that within the site, there is the required level of parking to meet the demands of the development, in addition to providing 19 visitor spaces across the site. Each property would also have an EV charging point. There is good permeability through the site and to the surrounding residential area and Jews Lane to encourage modal shift. There is therefore no objection to the application to the application on the grounds of highways matters and the highways authority do not seek to object to the application.
The Planning Officer reported that other requirements have been considered and can be conditioned including a detailed Landscaping Scheme to be secured by condition, such as full details of Biodiversity Enhancements and External Lighting. Development would also need to be implemented in strict accordance with the precautionary measures set out in the PEA and Reptile Report.
The Planning Officer reported that in respect of protecting and avoiding harm to internationally designated ecology sites, the applicant has proposed to address the necessary GIRAMS mitigation contribution through section 106 agreement. As such, the recommendation to approve comes with the caveat that the applicant must agree to the current GIRAMS figure. The application is not required to provide formal Biodiversity Net Gain on site or through off- site contributions because the application was submitted before the relevant legislation came in force in February 2024, but policy CS11 does expect ecology and habitat enhancement where possible, and the plans make provision for additional planting on site which would be secured through condition.
The Planning Officer reported that in terms of the scheme presented, all the proposed dwellings are to be located outside the 1:100 year risk of surface water flooding, with this area being designated as open space, and the SWMP requires surface water flow paths are kept free from development. As such the site has accounted for the surface water flood risk in its design strategy. Although the application site as a whole includes the flood risk area, it is an allocated and otherwise-sustainable location for residential development, and the layout has made appropriate identification and accommodation of the surface water flood risk. The proposal therefore complies with policy E1 in respect of flood risk considerations.
The Planning officer reported that the Council’s Arboricultural Officer has noted that the trees to the south of the proposed site are subject to a TPO (Number No.18 2021) but that there is no Arboricultural objection to the findings of the AIA / Tree Report dated 17/10/2022 and recommendations within it, as long as the AIA / Tree Report is adhered to during the development process, including any Tree Protection methods, which can be required by conditions, and as such there is no Arboricultural objection to the proposal. Officers consider a suitably worded condition can cover this aspect of the proposed development and as such the proposal is in accordance with Policies E4 and CS11.
The Planning Officer reported that there are a number of public benefits that would ensue, should Members be minded to grant planning permission. These are as follows:-
• Delivery of 77 residential dwellings on a sustainable site to assist the Council in meeting its housing delivery requirement on a site which has previously been considered suitable for development through the grant of outline planning permission.
• Delivery of 10no. affordable units of accommodation to provide high quality affordable housing for those identified on the Council’s housing waiting list. This is in excess of the policy requirement which would be eight dwellings.
• Creation of a pedestrian footpath link to the proposed primary school immediately due south, to enhance permeability and reduce reliance on the private car for those pupils who will reside not just on the proposed development site but further due north and west.
• Short term construction employment.
• Spend in the local economy.
• Contributions towards the delivery of enhanced infrastructure to benefit new and existing residents.
• New footpath link through the site to Jews Lane immediately due east of the application site, which runs due north south which will aid permeability through the wider residential area and provide pedestrian and cycle access to facilities due east including Ormiston Herman Academy, Ormiston Venture Academy and Emerald Park.
• Provision of additional public open space in excess of that which would address the pro- rata requirements for development of this scale.
The Planning Officer reported that a number of local residents, and the Parish Council, have argued that there is insufficient infrastructure to meet additional needs arising from the development. It is the role of S106 requests, and subsequent agreements, for infrastructure to be required by securing funding to meet identified needs to meet the demands arising from additional people. The proposed development is making the required justified contributions as requested by statutory providers and in accordance with policies (CS14 and GSP8).
The Planning officer reported that concern has been raised that that the boundaries of one property (No.10 Mawkin Green) is not depicted correctly in the proposed new site plan. Officers have liaised with the applicant and the plans received show that there is no conflict in land ownership and the development can proceed without any impact on the ownership of the neighbouring property.
The Planning officer reported that Officers consider that residential development of the site is acceptable in principle insofar as it is an allocated site subject to policy CS18, in a sustainable and accessible location. Officers consider the proposal would provide a significant contribution to the borough’s housing delivery and would provide a mix of dwelling types and sizes which would broadly accord with the surrounding local area, on a site which has historically been determined to be suitable for residential development through the grant of outline planning permission as well as the in- principle policy allocation. Although that outline permission has lapsed, officers consider it to be a material consideration that weighs in favour of the development.
The Planning Officer reported that from an environmental perspective the site is in a sustainable location with fair access to public transport and linkages through various modes of transport away from the site to local and larger development centres as well as providing a significant amount of public open space.
The Planning Officer reported that Officers recognise there are a number of benefits which would arise from the development to those who would live on the development but also for the wider community. These are outlined in section 9.11 of this report and weigh in favour of the development.
The Planning Officer reported that it is accepted that there remains a minor conflict with regards to the density of the development, in that it is below the policy threshold of 35 dwellings per hectare. This is the only policy conflict arising from the proposed development. The report before Committee provides justification as to why a slightly reduced density is acceptable in this instance, namely due to the need to contain development to the area outside the surface water flood zone, provide an uplift in open space to meet a local deficiency and satisfy the need to secure a well- designed scheme with appropriate mix and levels of amenity.
The Planning Officer reported that to compensate for proposing a lower housing density than that which is expected by adopted local plan policy, and to address the corresponding reduced provision of affordable housing compared to that which is expected in housing supply forecasts, the amended form of this application now proposes to provide more (‘an uplift’) affordable housing than that which is required by current adopted policy on a pro-rata basis. The increased level of provision is now at a comparable level to that which would be required had the density been provided to a policy-compliant level.
The Planning Officer reported that Officers note and acknowledge the local objections that have been received, including from the Parish Council. The concerns raised have been responded to in this report but the issues which have been raised are not of significant harm as to warrant refusal of planning permission in this instance.
The Planning Officer reported that it is accepted there will be a change of relationship to the surrounding area, however that is not a reason to withhold the grant of permission and there are no technical objections raised to the application which is considered to be generally policy-compliant.
The Planning Officer reported that as such, officers consider that the scheme responds positively to the previous concerns and amounts to sustainable development which should be supported. It is considered that the benefits as identified weigh in favour of the development and outweigh the relatively minor conflict to the Council’s policy on density.
The Planning Officer reported that officers recommend that the application should be granted planning permission subject to securing the necessary mitigations that will be needed to make the development acceptable in planning terms. The proposal is now considered to be acceptable, and it is recommended that it should be approved subject to the following conditions, providing that it can address the Appropriate Assessment stage of the Habitats Regulations process, and ensure the suitable completion of a S106 Agreement.
The Planning officer reported that it is recommended that application 06/23/0056/F is resolved to be APPROVED and that the application be delegated to Officers to grant planning permission subject to the recommendations as set out in the agenda report:-
i). First securing completion of a suitable Section 106 Agreement to secure the planning obligations described in this report, comprising:
• Affordable housing (10no dwellings) comprising:
Tenure: 9no. as affordable rent and 1no. shared ownership tenures, as described at Section 9.4 above).
ii) Housing mix: 6 x 1 bed apartments, 2 x 2 bed dwellings, 1 x 3 bed dwelling and 1 x 4 bed dwelling.
• Sustainable surface water drainage system management proposals.
• On-site publicly-accessible open space provision of the types and quantities described at Section 9.4 above.
• The financial contributions listed at Paragraph 9.12.10 above.
iii). Officers undertaking an Appropriate Assessment as required by Regulation 63 of the Conservation of Species and Habitats Regulations 2017, and referral to Natural England for their approval to confirm there would be no likely significant impacts on designated sites;
iv). Appropriate Conditions including those listed below (to be modified and updated as necessary);
and,
v). If the Section 106 Agreement is not progressing sufficiently within three months of the date of this decision, to delegate authority to the Head of Planning to (at their discretion) either refer the application back to the Development Management Committee at the earliest opportunity for re-consideration of the application, or to refuse the application directly on the grounds of failing to secure the necessary planning obligations that would be required as part of any resolution to grant permission.
Mr Last, applicant's agent, addressed the committee and thanked the officers for working with the developer to secure the application which was before the committee this evening. Mr Last reported the salient areas of the application and respectfully requested that the committee approve the application.
Mrs Beard, objector, addressed the committee and reported her concerns in regard to the loss of habitat, including woodland, for local wildlife, birds especially Skylarks , owls, insects and bats which would result from this development. She asked that the density be reduced from 77 to 74 houses to try and preserve more green space.
Councillor Annison, Ward Councillor, addressed the committee and informed them that the development would affect him and his family as he resided in Primrose Way and his daughter in Ollands Road. Councillor Annison reported that his concerns had come true, as the density of houses had increased to 77 on the site from 74 requested on the previous planning application. if the application was not approved this evening, with the new Government and new planning legislation, this number could increase yet again. Councillor Annison reiterated his concerns with traffic movements along Beccles Road which were currently 11,000 cars a day, and how the increase of traffic from this development would be mitigated and that his question had not been answered by County Highways. Councillor Annison had been to the site and measured the width of the access road which was stated to be 5.5m in the agenda report. However, Ollands Road was only 4.7m wide. Councillor Annison had worked with the developer and officers to secure changes to plots 1,2 & 3 to appease the concerns of residents with plot 3 being changed to a bungalow. Councillor Annison reported that he supported the application and was pleased that a footpath had been provided to connect the site to the new school but he was disappointed that no much needed allotment provision had been secured which was included in the Local Plan. Councillor Annison asked for an additional condition for bollards to be installed at the entrance to Jews Lane & the new school to prevent delivery drivers illegally accessing the estate through them.
Councillor Murray-Smith reported that he had moved to defer the application last year but as all the concerns which he had raised had been addressed, and taking into account the density issue which he could accept, that he was happy to move that the application be approved with the additional condition of the installation of bollards as requested by Councillor Annison.
The Planning Officer reported that the access to the school would be gated and managed by school staff at drop-off and pick-up times. The Planning Officer was concerned that the installation of bollards might prohibit disabled buggies from gaining access to Jews Lane and that it might be prudent for officers to work with the applicant & County highways to find an alternative to bollards. Councillor Murray-Smith asked if staggered railings might be a better alternative.
Councillor Freeman reported that he supported the application as all of the committee's concerns had been overcome and the development was a well designed scheme. Councillor Freeman was confident that the wildlife would not be lost and would move to another area close by.
The Development Manager reported that he noted the concerns of Mrs Beard in regard to Skylarks nesting in the area and controls could be added to ensure that nesting birds were not affected under Policy C5. This policy would also cover the bat population. Policy C15 would cover the attenuation pond to include areas of biodiversity. The committee could also request an additional condition requiring a specific biodiversity plan.
Councillor Murray-Smith proposed that the application be approved with the conditions as set out in the agenda and addendum report and those requested at the meeting. This motion was seconded by Councillor Lawn.
Following a vote, it was RESOLVED:-
That application 06/23/0056/F be APPROVED under authority delegated to Officers to grant planning permission subject to:-
i). First, securing completion of a suitable Section 106 Agreement to secure the planning obligations described in the published report, comprising:-
• Affordable housing (10no dwellings) comprising:
Tenure: 9no. as affordable rent and 1no. shared ownership tenures as described at Section 9.4 in the report.
ii). Housing mix: 6 x 1 bed apartments, 2 x 2 bed dwellings, 1 x 3 bed dwelling and 1 x 4 bed dwelling.
• Sustainable surface water drainage system management proposals.
• On-site publicly-accessible open space provision of the types and quantities described at Section 9.4 of the published report.
• The financial contributions listed at Paragraph 9.12.10 in the published report.
iii). Second, liaising with Highways Authority officers to investigate feasibility of including appropriately-designed bollards at the junction of the proposed footpath to the east, and at the two new openings to Jew’s Lane, and use of an appropriate condition as necessary.
iv). Third, undertaking an Appropriate Assessment as required by Regulation 63 of the Conservation of Species and Habitats Regulations 2017, and referral to Natural England for their approval to confirm there would be no likely significant impacts on designated sites.
v). Fourth, agreeing an appropriate pre-commencement walkover ecology survey with the applicant, to include appropriate bird and bat protection and/or relocation measures.
vi). Appropriate Conditions including those listed at Section 12 of the published report (to be modified and updated as necessary), which shall include:
a. The additional condition requiring a pre-commencement walkover ecology survey and appropriate bird and bat protection and/or relocation measures, as described at (iv) above.
b. An additional condition requiring agreement and use of a biodiversity enhancement plan, to include bat roosting and habitat improvements.
c. Any additional condition(s) deemed necessary to secure provision of appropriately-designed bollards at the junction of the proposed footpath to the east, and at the two new openings to Jew’s Lane, and appropriate amendments to the Proposed Site Layout Plan and other plans, and update to Condition 2 as necessary.
and,
vii). If the Section 106 Agreement is not progressing sufficiently within three months of the date of this decision, to delegate authority to the Head of Planning to (at their discretion) either refer the application back to the Development Management Committee at the earliest opportunity for re-consideration of the application, or to refuse the application directly on the grounds of failing to secure the necessary planning obligations that would be required as part of any resolution to grant permission.