Agenda item

S/2705/18/FL - Cottenham (Cottenham United Sports and Social Club, King George V Playing Fields, Lambs Lane)

 

Reconfiguration of the public play area to allow for the erection of a single storey nursery building with additional car parking and access road modification

Minutes:

Members visited the site on 13 November 2018.

 

The case officer reported verbally that a further 16 letters supporting the application had been received since the report had been written.

 

George Russell (objector), Lynda Harford (agent for Cottenham Parish Council as applicant) and Councillor Frank Morris (Cottenham Parish Council) addressed the meeting. The Chairman read out written statements from Rosemary …… (a community supporter) and from Councillors Neil Gough and Eileen Wilson (the two local Members, who also both supported the application).

 

Those Committee members minded to support the application nevertheless commended the case officer for clearly stating the policy issues leading to his recommendation of refusal. Councillor Deborah Roberts, who was minded to vote for refusal, also praised the case officer, saying he was quite rightly seeking to protect the Local Green Space. Councillor Roberts said that she could think of no very special circumstance such as to justify approval of the application, and urged the Committee not to set a precedent. 

 

Councillor Dr. Tumi Hawkins was minded to support the application which, she said, when some way towards mitigating the harmful effects of previous speculative developments permitted at a time when South Cambridgeshire District Council had been unable to demonstrate a five-year housing land supply. Here was an opportunity to provide the necessary infrastructure at an early stage.

 

Councillor Heather Williams acknowledged the purpose of the Local Plan but said that the Committee should seek to find very special circumstances in order to approve the application.

 

Councillor Bill Handley said that the nursery was a much needed facility and would not set a precedent given that every application had to be considered on its own merits.

 

Councillor Brian Milnes supported the application, suggesting that proximity to the existing school should be viewed as a very special circumstance.

 

Councillor Peter Topping described the very special circumstance in this instance as being specific to Cottenham.

 

Councillor Dr. Martin Cahn described the location of the proposed nursery as perfect.

 

Councillor Peter Fane supported the application by saying it was for the Committee to interpret the meaning of ‘very special circumstances’.

 

The Planning Team Leader stressed the importance of the Committee being satisfied both that there were very special circumstances and that those very special circumstances outweighed any planning harm. A consideration had to be why the nursery had to be built on this Local Green Space.

 

The Chairman said that the proposal’s proximity to existing schools should be seen as a very special circumstance, especially in the context of safety and other benefits to the community.

 

The Senior Planning Lawyer told Members that they had to be satisfied that the sequential test was robust. The Vice-Chairman said that that test was paramount and that the correct process had to be followed. Councillor Pippa Heylings did point out that the Local Green Space in question had already been compromised.

 

Noting the absence of any objections from statutory consultees, the Committee approved the application by eight votes to one, contrary to the recommendation in the report from the Joint Director for Planning and Economic Development.

 

In resolving to approve the application the majority of Members agreed that the proposed development would amount to inappropriate development in the Local Green Space. that such development would, by definition, be harmful to the Local Green Space and that it should not be approved except in very special circumstances.

 

Members agreed the reasons for approval as being that:

 

(a)        There would not be any significant additional harm to the Local Green Space over and above the harm that would be caused by the proposal’s inappropriateness;

 

(b)        There would be no significant additional harm to the Local Green Space or the openness of the Local Green Space over and above the harm that would result by reason of the proposed development;

 

(c)        The proposed development needs to be located in the countryside given, what members had heard from the applicant as to a robust and comprehensive, but unsuccessful, site search conducted over many months and difficulties in finding other suitable sites within Cottenham. Furthermore, given the location of the proposed nursery being in close proximity to the existing pre school and primary school, Members agreed that this arrangement would significantly reduce any detrimental harm upon child safety.  As such it would not conflict with Policy S/7 of the Local Development Framework, which states that outside development frameworks, only allocations within Neighbourhood Plans that have come into force and development for agriculture, horticulture, forestry, outdoor recreation and other uses which need to be located in the countryside or where supported by other policies in this plan will be permitted.

 

(d)        The site is not in a location that would result in significant and unsustainable forms of travel for the proposed use, having regard to its close proximity to the centre of Cottenham. Again, due to the location of the proposed nursery being in close proximity to the pre school and primary school, Members agreed that this would limit the number of vehicle trips undertaken and therefore somewhat reduce congestion within Cottenham.

 

(e)        The identified harm by reason of inappropriateness, and the limited additional harm identified above in (b) and (c), would be clearly outweighed by other considerations which collectively would amount to the necessary very special circumstances to support the application being approved. These very special circumstances were significant community benefits in the form of an additional childcare service due to the number of residential development approved in Cottenham, child safety and the reduction in vehicle trips generated.

 

(f)         Due to the relatively modest size and scale of the proposed nursery building, the proposal would not result in adverse impact upon the character and particular local significance placed on such green areas which make them valued by their local community. Therefore the matter would not be referred to the Secretary of State in this instance. However, the application will be advertised as a Departure from the Local Plan in so far as the proposed development would amount to inappropriate development in the Local Green Space by definition, and is therefore contrary to Policy NH/12 of the South Cambridgeshire Local Plan 2018.  

 

Approval would be subject to the following Conditions and Informatives:

 

Conditions

 

1)     The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

(Reason - To ensure that consideration of any future application for development in the area will not be prejudiced by permissions for development, which have not been acted upon.)

 

2)     The development hereby permitted shall be carried out in accordance with the following approved plans: Drawing Numbers: 3202/2/SD101, 3202/2/SD103, 3202/2/SD104, 3202/2/SD105, 10-7145_ZZ-DR-C1030 Rev P1, 10-7145_ZZ-DR-C1000 Rev P1, 3202/2/SD107. 

(Reason - To facilitate any future application to the Local Planning Authority under Section 73 of the Town and Country Planning Act 1990.)

 

3)     Prior to the occupation of the development details of secure and covered cycle storage shall be submitted to the Local Planning Authority and shall be carried out in accordance with the approved details.

(Reason - To ensure the development is satisfactorily assimilated into the area and respects the surrounding countryside, in accordance with policy HQ/1 of the South Cambridgeshire Local Plan 2018).

 

4)     No demolition or construction works shall commence on site until a traffic management plan has been agreed in writing with the Local Planning Authority. The principle areas of concern that should be addressed are:

 

(i)         Movements and control of muck away lorries (all loading and unloading shall be undertaken off the highway)

(ii)        Contractor parking, for both phases all such parking shall be within the curtilage of the site and not on street

(iii)       Movements and control of all deliveries (all loading and unloading shall be undertaken off the highway) and no deliveries to the site shall be made between the hours of 07:30-09:15 and 13:45-18:00 (term time only) and not between 07:30-09:30 and 15:30-18:00 all other times

(iv)       The control of dust, mud and debris, in relationship to the functioning of the highway and neighbouring dwellings

Development shall be carried out in accordance with the approved details. (Reason - In the interest of Highways Safety).

 

5)     The proposed drive ways will be constructed using a bound material to prevent debris spreading onto the adopted public highway.

(Reason – To maintain the safe and effective operation of the highway).

 

6)     The proposed driveway shall be constructed so that its falls and levels are such that no private water from the site drains across or onto the adopted public highway.

(Reason - To maintain the safe and effective operation of the highway).

 

7)     Prior to the use of the development hereby approved, a Car Park Management Plan shall be submitted to the Local Planning Authority for its approval. The management plan should include the specification and location of traffic bollards and the segregation gates. The facilities shall be managed in accordance with the agreed details.

(Reason - To ensure the development does not result in any adverse impact upon the safety of users as well as the safe and effective operation of the adopted highway and to ensure more sustainable modes of transport are used in accordance with HQ/1 of the South Cambridgeshire Local Plan 2018).

 

8)     All ecological measures and/or works shall be carried out in accordance with the details contained in Preliminary Ecological Appraisal (Greenlight, July 2018) as already submitted with the planning application and agreed in principle with the Local Planning Authority prior to determination.

(Reason - To enhance ecological interests in accordance with policies NE/6 and HQ/1 of the South Cambridgeshire Local Plan 2018).

 

9)     No development above slab level shall commence until a scheme of biodiversity enhancement shall be submitted to the Local Planning Authority for its written approval. The approved scheme shall be fully implemented within an agreed timescale unless otherwise agreed in writing.

(Reason - To be in accordance with paragraphs 170, 174 and 175 of The National Planning Policy Framework, which expects development to provide for biodiversity and this, can be achieved at this site through enhancement measures as set out in the Preliminary Ecological Appraisal (PEA)).

 

10)  The development hereby approved shall be carried out in accordance with the approved details submitted within the drainage strategy document (Peter Dann Consulting Engineers 2018). 

(Reason – To ensure a satisfactory method of surface water drainage and to prevent the increased risk of flooding in accordance with policies SC/8 and SC/9 of the South Cambridgeshire Local Plan 2018).

 

11)  No construction site machinery or plant shall be operated, no noisy works shall be carried out and no construction related deliveries taken at or despatched from the site before 0800 hours and after 1800 hours on weekdays, before 0800 hours and after 1300 hours on Saturdays, nor at any time on Sundays and Bank Holidays, unless otherwise previously agreed in writing with the Local Planning Authority.

(Reason - To minimise noise disturbance for adjoining residents in accordance with Policy HQ/1 of the South Cambridgeshire Local Plan 2018).

 

12)  No external lighting shall be provided or installed within the site other than in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority.

(Reason -To minimise the effects of light pollution on the surrounding area in accordance with policy HQ/1 of the South Cambridgeshire Local Plan 2018).

 

13)  The development, hereby permitted, shall only be in use between 06:30 hours and 19:00 hours Monday to Friday and between 06:30 and 12:00pm on Saturdays. The development shall not be in use on Sundays or bank holidays.

(Reason - To safeguard the amenity of the occupiers of neighbouring residential dwellings in accordance with policy HQ/1 of the South Cambridgeshire District Council emerging Local Plan 2018).

 

14)  Prior to the use of the approved development, a scheme for the provision and location of fire hydrants to serve the development to a standard recommended by the Cambridgeshire Fire and Rescue Service shall be submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until the approved scheme has been implemented. 

(Reason - To ensure an adequate water supply is available for emergency use.)

 

Informatives

 

1)     The granting of a planning permission does not constitute a permission or licence to a developer to carry out any works within, or disturbance of, or interference with, the Public Highway, and that a separate permission must be sought from the Highway Authority for such works.

 

2)     If during the development contamination not previously identified is found to be present at the site, such as putrescible waste, visual or physical evidence of contamination of fuels/oils, backfill or asbestos containing materials, then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, a remediation strategy detailing how this unsuspected contamination shall be dealt with. The remediation strategy shall be implemented as approved to the satisfaction of the Local Planning Authority.

 

3)     The applicant should be aware of their responsibilities in regards to mitigating any foul water drainage on the site and is therefore advised to apply to Building Regulations.

 

4)     There shall be no burning of any waste or other materials on the site, without prior consent from the environmental health department. 

 

5)     Should driven pile foundations be proposed, then before works commence, a statement of the method for construction of these foundations shall be submitted and agreed by the District Environmental Health Officer so that noise and vibration can be controlled.

 

(Councillors John Batchelor, Cahn, Fane, Handley, Hawkins, Heylings, Milnes, Topping and Heather Williams voted to approve the application. Councillor Roberts supported the officer recommendation and voted to refuse the application. Councillor Wright had left the meeting and did not vote.)

Supporting documents: