04
The Committee received and considered the agenda report and addendum report from the Principal Planner.
The Principal Planner reported that the application is a major application and the site lies to the east of Kings Drive and is roughly rectangular in shape. It is mostly surrounded by recent residential development and is part of the wider Beacon Park urban extension. An allotment is located adjacent the north-west corner of the site. The site is roughly 0.95ha in area and has some boundary screening from mature vegetation and is bounded by a close boarded fence. The land is currently undeveloped. Vehicular access will be taken off Kings Drive with a footpath and cycle link to Marjoram Road.
The Principal Planner reported that the application seeks to erect 29 dwellings arranged predominantly along the access road from Kings Drive, running east into a T-junction towards the east boundary of the site. Some visitor car parking will be arranged around the access and spur roads with a footpath and cycle path proposed to run north into Marjoram Road and the adjoining housing estate. Each property has assigned parking drives and there are additional shared visitor parking bays.
The Principal Planner reported that garages are proposed for the 4-bed housing and for two of the 3-bed plots (plots 8 and 29). Existing boundary treatments and hedging are to be retained with significant planting added to the north boundary, and with additional tree planting around the access road and central and western parts of the site. Tree planting is also identified along the boundaries of the site. There are 3 plots identified to provide affordable housing, these being plots 2, 3 and 4, all of which are proposed as affordable rent tenure. Revised plans were submitted in response to consultation responses from the Local Highway Authority, the Lead Local Flood Authority (LLFA) and the Council’s Strategic Planning Officer.
The Principal Planner reported that the original applicant, Wellington Construction Ltd, has, since the application was submitted, entered administration. This has consequently led to an updated application form being provided, with Aldreds shown as the new applicant, acting on behalf of the landowner. The certificate of ownership was updated at the same time to correct a factual error, and public consultation was undertaken accordingly. Further revised plans were submitted in June 2024 which also addressed the change of ownership, the site location plan (including access ownership and adjacent land in the same ownership), site layout plan, soft landscaping plan, detailed house type plans, and other consequential amendments.
The Principal Planner reported that a further layout plan and house type plan changes were proposed and re-consulted in August 2024 following neighbour comments received. The consultation ended on 6th September 2024. Any further comments received will be reported to the Committee by Addendum Report. For the avoidance of doubt, the latest Site Layout Plan on which this assessment is based, is shown on drawing 5843-16 Revision N, dated August 2024, provided at Appendix 2. An extension of time to determine the planning application was agreed for the 6th December 2024 to allow sufficient time for a Section 106 to be completed, should the application be approved.
The Principal Planner reported the salient areas of the application as follows:-
- The application has been subject to various revisions and amended plans
- The Applicant details were updated following Wellington Construction Ltd entering administration
- The red line area was amended to include access points
- Layout changes
- House type changes
- Landscaping changes
Principle of development –
Established as part of allocation Policy CS18 for 1,000 houses (along with Persimmon development)
Within development limits
- Vehicular access will be via Kings Drive
- A pedestrian & cycle connection has also been established north at Marjoram Road
- No objections from Highway Authority subject to amended plans (tracking, foot & cycle link north)
- 3 Affordable houses – plots 2, 3, 4
- All affordable rent
- 1x 2 bed semi-detached
- 2x 1 bed flats
- Support from Housing Officer
The site area is somewhat limited, with the developable are constrained, density approx. 31dph justified in this instance given the limited availability to provide 35dph as per Policy H3
Overall dwelling mix is acceptable –
2 x 1bed
13x 2bed
7x 3bed
7x 4bed
Mix of two storey detached & semi-detached 5 bungalows
In terms of materials a mix of brick and render
- Design improvements to demonstrate broad compliance with Design Code SPD
- Overheating
- Garden sizes
- Parking arrangements
There is a need to secure by condition – M4(2) – developer confirmed compliance
Water efficiency – developer confirmed compliance Positioning of meter/utility boxes
Public Representations are summarised within the report. Objections included
Over-development
- Highway concerns, cumulative impacts Kings Drive & Beccles Rd, general safety
- Construction disturbance
- Infrastructure
Specific amenity: –
No. 35 Marjoram Rd – adjacent house type changed to bungalow
An update has been received from the Parish Council raising concerns concern at storey properties at plots 1 & 2 (impact north)
Officers view – that No. 37 Marjoram Rd is located further back (as indicated by the red line, which identified 13.5m) than plot 5 to No. 35, the planting along the northern boundary will further reduce impacts
No. 16 Sorrel Rd – Plot 14 impacts
Concern at lighting. Shadowing, overlooking
Changed 2 storey to hipped roof to reduce impact
Changed to bungalow (approx. 4.5m) & offset reduced as property moved back to better align with No. 16 Sorrel Rd
Addendum Report – concern remained as bungalow is sat forward and will still impact upon light & outlook
Committee report considered the impacts in detail and officers conclude that this will not result in unacceptable amenity impacts
No. 9 Sorrel Rd
Concern at lighting. Shadowing, overlooking
Changed 2 storey to hipped roof to reduce impact
Changed to bungalow (approx. 4.5m)
Committee report considered the impacts in detail and officers conclude that this will not result in unacceptable amenity impacts
PC objection
Lack of facilities
Concern at road width, increased movements & emergency access
Need to consider bins & lack of greenspace
Cumulative amount of development in village
Updated comments received today – Pleased to see some bungalow revisions Concern still at highway impacts and safety Lack of infrastructure
In terms of environmental considerations –
- Efforts have been made to improve planting throughout side, south facing, boundary treatments
- Shadow HRA & GIRAMS mitigation secured through S106
- LLFA – Updated rainfall data Appropriate drainage strategy obligations, note Table 2 on page 48 of agenda pack
- Secure affordable housing
- Open space cannot be provided on-site, off-site contribution in lieu Update report – requested the use of undetermined application (06/23/0056/F,74 dwelling under same applicant) open space to meet play space requirements. In the Committee report, officers clear that this cannot be accommodated.
- No functional connection to site
- Burnet Road play area is closer than other site
- Not appropriate to consider this alternative site for play space
- Education
- Libraires
- GIRAMS
- Monitoring (NCC & GYBC)
- There were some obligations that that were not appropriate, failed to meet obligation tests – Health (NHS), Police.
Other updates
- the applicant noted that they had originally submitted a desk top study This appears not to have been picked up by Environmental Health and will require a minor amendment to Condition 7 to address this.
The recommendation from officers to the Committee was as follows:-
That the Committee delegate authority to the Head of Planning to approve the application and grant full planning permission subject to: -
Negotiation with the Local Highway Authority and applicant to include bollards or other suitable measures in the development layout to prevent vehicle access between King’s Drive and Marjoram Road;
Negotiation with the applicant to provide a hipped roof to the front gable of Plot 14, and where possible to achieve design consistency, also to Plots 15 and 16;
Completion of a suitable Section 106 Agreement to secure the planning obligations and developer contributions listed at Table 2 of the Committee Report and Appendix 3 attached to the Committee Report;
Appropriate Conditions including those listed in the Committee Report (to be modified as necessary);
Amendment to Condition 2 as per the Addendum Report (change to referenced approved plans);
Liaison with Environmental Health Officers to confirm if the applicant’s most recent Desktop Contamination Report would address the requirements for a Phase I contamination assessment, and update proposed Condition 7 as necessary;
Additional condition(s) to remove Permitted Development rights for new roof lights, windows, roof extensions and dormer windows in any part of Plots 14 and 15 (2 separate conditions might be better).
And,
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.
Councillor Murray-Smith asked for confirmation of the shared space road surface i.e. driveways which is defined in government advice published for the Eastern counties in 2018 in regard to those with recognised disabilities and visual impairments.
Councillor Murray-Smith highlighted the developer contributions and questioned that the amount of £1600 requested by Norfolk Police seemed rather low as the additional houses would have an impact and potentially increase their workload in the Bradwell area. This would further stretch an already overstretched service. The contribution to the NHS was also similarly low and there was already a shortage of Doctors and nurses and additional capacity was required in the borough.
The Principal Planner informed Committee that the shared drives and road surfaces were planned within the constraints of the site layout which had been carefully designed. The design incorporated the drainage strategy as there were concerns in regard to flood risk. The application did not meet the obligation tests and Norfolk Police did not respond to the questions in regard to their infrastructure needs.
The Principal Planner referred Committee to paragraph 9.1 on page 47 of the agenda report which explained the list of questions and evidence required but planning did not receive a response from HA.
Councillor Murray-Smith asked what measures planning had put in place to ensure all planning applications adhered to the Equalities Act.
The Head of Planning reported that in the issue of shared surfaces, the advice was not clear. Councillor Murray-Smith asked if there was any mitigation apart from the limited number of road users who would access the new development.
The Head of Planning explained that there was scope to secure funds via a s106 obligation but this had to be balanced against the availability of capital based requests for a development. The requests received from Norfolk Police were generally revenue based requests. Requests for educational funding were always clearer to understand. Contributions could be pooled from a number of developments to provide a specific piece of infrastructure.
The Development Manager reported that this issue was a problem for all local authorities across Norfolk. Norfolk Police recognised a weakness in their system and were working to address this issue. For any growth above 20 properties, they had to do the work before we are able to accept their requests.
Councillor Murray-Smith asked for confirmation that if s106 contributions were between £15k to £17,847 then the developer could proceed with the development.
Mr Duffield, applicant's agent, addressed the Committee and highlighted the salient areas of the application which included the delivery of 3 affordable homes and asked the Committee to approve the application. He informed the Committee that there would become a point where the application would not be a deliverable package if the s106 obligations were increased.
The Development Manager reported that all contributions has to meet the CIL tests and methodology and as a LPA we were unable to ask for any more.
Ms Cushing, objector, addressed the Committee and outlined the stress which the application was causing her over fears of loss of light, overlooking, privacy and shadow which was detrimental to her health and well-being. She specifically referred to the BRE guidelines in reference to plot number 14.
The Chair asked for clarification in regard to BRE guidelines. The Principal Planner reported that the BRE guidelines were not adopted as Local Plan policy and there was no specific test for BRE but the Open Space Supplementary Planning Document was available to the planners to utilise.
The Development Manager gave examples of light acceptability to the Committee and reiterated that they were satisfied that this had been addressed in the application. The Right to Light was a civil matter and measured against Local Plan policies and BRE guidance was used a tool for consideration under Policy A1.
Councillor Pilkington reported that it was unlikely that plot 14 would be able to look directly into Ms Cushing's living space as a hedgerow was located in- between both properties which would negate this.
Ms Cushing reported that she was concerned in regard to overlooking from plot 14 if they extended upward into the roof space and installed a dormer window. The Development Manager reported that a dormer window would be unacceptable in a 4.5m high bungalow in the front elevation looking east. If a dormer was installed in the northern elevation this would result in an acute angle which would not result in overlooking of the neighbouring property in conjunction with the new hedging with plot 14 being pulled back slightly. The front gable could be made a hip like the rear gable. This had not been considered as we were looking for a consistent design approach. However, Members could ask for an additional condition, to remover permitted development rights for Plots 14 & 15 in respect of dormer windows in the roof.
Councillor Murray-Smith asked Ms Cushing that if the Committee added a PDR condition that no dormer windows to be put in the roof of the plots 14 & 15 that this would alleviate her concerns. Ms Cushing agreed that this one concern would be answered.
Councillor Annison, Ward Councillor, addressed the Committee. Councillor Annison reported that he disagreed with the NCC Highways comments in regard to traffic flow along Beccles Road. However, we were where we were with the application which was within the development limits. The density was 31 dwellings per hectare when Local Plan policy was 35 dwellings per hectare which was not over-development of the site. Plots 5 & 6 had been changed to bungalows following his intervention as were plots 14, 15 & 16 too. As there was a new government in power, residents needed to be aware that if new planning legislation was introduced that flats could be potentially built on this land so they needed to be careful as to what they objected to in planning terms. Councillor Annison reported that he agreed with the suggested additional condition in regard to PDR, that no dormer windows to be allowed in the roofs of plots 14 & 15. He also asked for a condition that 2 bollards be installed at the cycle way at Marjoram Road to prevent delivery drivers from accessing the development from Marjoram Road.
During the debate, Councillor Murray-Smith reiterated his concerns in respect of the relevant tests being undertaken by officers in respect of developer contributions and asked for an assurance that officers had pursued every avenue available to them and nothing more could be done.
The Chair reported that this was an issue faced by all Norfolk LA's and that nothing more could be done unless Norfolk Police came forward with a plan as requested. The Development Manager reported that neither Norfolk Police or the NHS had provided explanations to meet the three required developer contribution tests. He reminded the Committee that the application might not be a viable scheme if the s106 exceeded £15k plus the 3 affordable homes. In effect, this was circa £700 per dwelling, If the £15k cap was exceeded, this would be possible but would delay the determination of the application as viability would need to be re-examined.
The Head of Planning confirmed that if the cap for development contributions was challenged by the Committee under delegated authority to the head of Planning, there would be no other option than to bring it back to Committee. The Committee must make timely decisions and this application had taken a long time to get to this point and was it fair that it be held up if the required responses had not been received from Norfolk Police and the NHS.
Councillor Martin reported that she agreed with Councillor Annison in respect of the additional condition in respect of the installation of two bollards at Marjoram Road and that she reported that removal of PDR rights for dormer windows in the roofs of plots 14 & 15, and to change the roof at plot 16 from hip to gable at the front elevation to match the rear elevation.
The Principal Planner reported that NCC Highways would need to be approached to give delegated authority for the installation of the two bollards at Marjoram Road.
The Development Manager reported that in regard to the additional condition of the change from a gable to a hip roof at plot 16, that this should be delegated to the Head of Planning, and that this was as far as the Committee could go in the way of requested design changes to the application.
Councillor Williamson reminded the Committee that health funding was calculated per head of population and that more funding would come into the borough for the Police and NHS when the properties were occupied.
Councillor Williamson moved the recommendation with the additional conditions agreed at the meeting, the removal of PDR at plots 14 & 15, the change of roof from a gable to a hip at plot 16, and the installations of two bollards at Marjoram Road, and those outlined in the agenda and addendum reports. Councillor Mogford seconded the proposal.
Following an unanimous vote, it was RESOLVED:-
That in regard to application number 06/23/0669/F, that the Committee delegate authority to the Head of Planning to approve the application and grant full planning permission subject to:-
- Negotiation with the Local Highway Authority and applicant to include bollards or other suitable measures in the development layout to prevent vehicle access between King’s Drive and Marjoram Road;
- Negotiation with the applicant to provide a hipped roof to the front gable of Plot 14, and where possible to achieve design consistency, also to Plots 15 and 16;
- Completion of a suitable Section 106 Agreement to secure the planning obligations and developer contributions listed at Table 2 of the Committee Report and Appendix 3 attached to the Committee Report;
- Appropriate Conditions including those listed in the Committee Report (to be modified as necessary);
- Amendment to Condition 2 as per the Addendum Report (change to referenced approved plans);
- Liaison with Environmental Health Officers to confirm if the applicant’s most recent Desktop Contamination Report would address the requirements for a Phase I contamination assessment, and update proposed Condition 7 as necessary;
- Additional condition(s) to remove Permitted Development rights for new roof lights, windows, roof extensions and dormer windows in any part of Plots 14 and 15 (2 separate conditions might be better).
- 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.