Agenda item

The Committee received an application for full planning permission for the construction of a community garden and storage building with associated landscape and boundary treatments including pedestrian and cycle connection between the Marleigh development and Jack Warren Green.

 

The Committee noted the following amendments presented in the Amendment Sheet:

i.               amendments to the Officer’s report at:

a.    paragraph 14.3 - an updated Arboricultural Impact Assessment has now been provided, evidencing the tree required to be removed to facilitate the proposed cycle/pedestrian route; and

b.    paragraph 16.2 - the proposed biodiversity net gain is 157.6%;

ii.             amendment to condition 14 (Clerk of Works) to reword the condition and separate it into two conditions (condition 14 and condition 23):

a.    Condition 14. Clerk of Works, as follows:

Prior to the commencement of any planting or soil related ground preparation, details of the proposed landscape phasing and evidence that a suitably qualified clerk of works has been appointed shall be submitted to and agreed in writing with the local planning authority.  The clerk of works shall oversee the delivery of all landscaping within a particular phase to ensure that it accords with the approved landscaping details. 

Reason:  To ensure the successful and sustainable delivery of the approved landscaping scheme in accordance with Policies HQ/1 and NH/4 of the South Cambridgeshire Local Plan 2018 and paragraphs 8 and 11 of the NPPF 2023.

b.    Condition 23. Landscape monitoring and completion report, as follows

Within three months of the final occupation of any building within a landscape phase a monitoring and completion report evidencing compliance (including a photographic record of delivery), with the approved landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure the successful and sustainable delivery of the approved landscaping scheme, in accordance with Policies HQ/1 and NH/4 of the South Cambridgeshire Local Plan 2018 and paragraphs 8 and 11 of the NPPF 2023.

iii.            with an additional paragraph as (i) to the Officer’s recommendation:

a.    There being no further consultee responses received by the local planning authority during the remainder of the outstanding statutory consultation period which would give rise to new/further material planning consideration/s which would change the officer recommendation of this report. 

 

Will Cobley (Applicant’s Agent) addressed the Committee in support of the application.

 

The Committee Manager read out a statement on behalf of Councillor Bennett (Abbey Ward Councillor).

 

Councillor Hofman (Ward Councillor for Fen Ditton and Fulbourn) and Councillor Cone (Ward Councillor for Fen Ditton and Fulbourn) addressed the Committee about the application.

 

In response to Members’ questions the Senior Planner said the following:

      i.         Noted concerns from Teversham Parish Council about the change to some of the allotment space to community gardens. Advised that one hectare of allotment space was consented (located by the sports provision to the north of the site) and 0.4 hectares of community garden space was proposed (to the west of the site).

    ii.         Noted concerns raised regarding the loss of allotment space but advised that some of the allotment space was proposed to be divided up into smaller plots to ensure that as many people as possible could access allotment space. Officers and the Applicant were currently looking at appropriate ratio sizes for the allotment plots. There would be accessibly allotment plots with raised planters.

   iii.         Condition 4 could be amended to require composting facilities at the community garden and water butts.

  iv.         An informative could be added regarding fruit tree planting at the community garden.

    v.         In response to comments made by a Ward Councillor requesting a timed gate at the point where the cycle/pedestrian path joins the site from Jack Warren Green to prevent anti-social behaviour. Members were informed the route was a shared pedestrian and a cycle route. Any gate would restrict the permeability of the site. The layout of the area allowed for its natural surveillance.

  vi.         Noted that the public consultation period for the application was still running due to an administrative error. Advised that the additional recommendation ensured that if any new material considerations were raised then the application would be brought back to the Committee for Members’ judgement in respect of those material considerations. 

 vii.         Noted concerns raised regarding the location of scooter parking and advised that an informative could be added encouraging consultation with local Ward Councillors / Parish Councils regarding the location of scooter parking. 

 

The Strategic Sites Manager offered the following summary of amendments to the Officer’s recommendation for the planning application reflecting Members’ debate during the meeting to approve planning application 23/04935/FUL subject to:

        i.       there being no further consultee responses received by the local planning authority during the remainder of the outstanding statutory consultation period which would give rise to new/further material planning consideration/s which would change the Officer recommendation of this report; and 

      ii.        the planning conditions and informatives as detailed in Section 27 of the Officer’s report, with delegated authority to Officers to carry through minor amendments to those conditions and informatives (and include others considered appropriate and necessary) with the addition of

a. an amendment to condition 14. Clerk of Works

Prior to the commencement of any planting or soil related ground preparation, details of the proposed landscape phasing and evidence that a suitably qualified clerk of works has been appointed shall be submitted to and agreed in writing with the Local Planning Authority.  The clerk of works shall oversee the delivery of all landscaping within a particular phase to ensure that it accords with the approved landscaping details. 

Reason:  To ensure the successful and sustainable delivery of the approved landscaping scheme in accordance with Policies HQ/1 and NH/4 of the South Cambridgeshire Local Plan 2018 and paragraphs 8 and 11 of the NPPF 2023; and

b.  an additional condition 23. Landscape monitoring and completion report

Within three months of the final occupation of any building within a landscape phase a monitoring and completion report evidencing compliance (including a photographic record of delivery), with the approved landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure the successful and sustainable delivery of the approved landscaping scheme, in accordance with Policies HQ/1 and NH/4 of the South Cambridgeshire Local Plan 2018 and paragraphs 8 and 11 of the NPPF 2023; and

c.  an amendment to condition 4 to rename the condition to ‘Community Garden Layout and Details’ and to include within the condition reference to composting facilities, water butts and troughs and waste bin facilities; and

d.  an additional informative where the Applicant is encouraged to consider community food growing opportunities including fruit trees; and

e.  an additional informative to encourage consultation with neighbouring communities, Ward Members and Parish Councils should the site be considered as an e-scooter hub; and

iii. the prior completion of a planning obligation by deed under S106 and S106A (as appropriate) of the Town and Country Planning Act 1990 (as amended) which secures the necessary modifications to the 2016 Agreement supporting S/2682/13/OL and 13/1837/OUT, to release those obligations no longer required as a consequence of the approval of this proposal, and to the new planning obligations specified in this report, with delegated authority to officers to include other relevant planning obligations necessary to make the proposal acceptable in planning terms, and to negotiate, settle and complete such planning obligation in consultation with the Chair and Vice Chair of JDCC.

 

The Committee:

 

Resolved (unanimously) to approve planning application 23/04935/FUL subject to:

        i.       there being no further consultee responses received by the local planning authority during the remainder of the outstanding statutory consultation period which would give rise to new/further material planning consideration/s which would change the Officer recommendation of this report; and 

      ii.        the planning conditions and informatives as detailed in Section 27 of the Officer’s report, with delegated authority to Officers to carry through minor amendments to those conditions and informatives (and include others considered appropriate and necessary) with the addition of

a. an amendment to condition 14. Clerk of Works

Prior to the commencement of any planting or soil related ground preparation, details of the proposed landscape phasing and evidence that a suitably qualified clerk of works has been appointed shall be submitted to and agreed in writing with the Local Planning Authority.  The clerk of works shall oversee the delivery of all landscaping within a particular phase to ensure that it accords with the approved landscaping details. 

Reason:  To ensure the successful and sustainable delivery of the approved landscaping scheme in accordance with Policies HQ/1 and NH/4 of the South Cambridgeshire Local Plan 2018 and paragraphs 8 and 11 of the NPPF 2023; and

b.  an additional condition 23. Landscape monitoring and completion report

Within three months of the final occupation of any building within a landscape phase a monitoring and completion report evidencing compliance (including a photographic record of delivery), with the approved landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure the successful and sustainable delivery of the approved landscaping scheme, in accordance with Policies HQ/1 and NH/4 of the South Cambridgeshire Local Plan 2018 and paragraphs 8 and 11 of the NPPF 2023; and

c.  an amendment to condition 4 to rename the condition to ‘Community Garden Layout and Details’ and to include within the condition reference to composting facilities, water butts and troughs and waste bin facilities; and

d.  an additional informative where the Applicant is encouraged to consider community food growing opportunities including fruit trees; and

e.  an additional informative to encourage consultation with neighbouring communities, Ward Members and Parish Councils should the site be considered as an e-scooter hub; and

    iii.        the prior completion of a planning obligation by deed under S106 and S106A (as appropriate) of the Town and Country Planning Act 1990 (as amended) which secures the necessary modifications to the 2016 Agreement supporting S/2682/13/OL and 13/1837/OUT, to release those obligations no longer required as a consequence of the approval of this proposal, and to the new planning obligations specified in this report, with delegated authority to officers to include other relevant planning obligations necessary to make the proposal acceptable in planning terms, and to negotiate, settle and complete such planning obligation in consultation with the Chair and Vice Chair of JDCC.