Agenda item

PD/19/06 Item 1 - Application IP/19/00369/FUL

Former Defiance Public House, 22 Stoke Street



Ward:             BRIDGE


Proposal:      Demolition of single-storey extension to former Defiance Public House. Re-ordering of premises to provide two flats. Erection of buildings on land behind Defiance Public House containing 29 flats.


Address:       Former Defiance Public House, 22 Stoke Street


Applicant:     Maybush Developments Ltd


Agent:            KLH Architects Ltd


The Senior Planning Officer presented the report illustrated by drawings and photographs.


The report was updated with regard to the ownership of the adjacent land outlined in blue and the future provision of a riverside path, which was to be secured as part of the Section 106 agreement, and increased cycle parking within the development.


Mr Bryan Wybrow, Director at KLH Architects, spoke on behalf of the applicant in support of the application:


-               Prominent, yet abandoned, site had become overgrown and subject to anti-social behaviour.

-               Applicant had made considerable investment, including clearance of site.

-               Site was now ready to deliver housing and had potential to be the start of a riverside walk.

-               Design had evolved following discussion with Officers.

-               Proposal aimed to encourage permeability and accessibility whilst relating well to the local context, including St Mary At Stoke Church and the Stoke Conservation Area.

-               Proposal represented a great improvement to a derelict site.


Councillor Jones proposed that draft condition 20 be amended to read as “Details of hard and soft landscaping, including communal and parking areas, and the respective management of these areas, shall be provided for agreement …”, and this was agreed.


As there was an equality of votes, the Chair used his casting vote in favour of the revised recommendations.




Grant full planning permission for the development, subject to the completion of a legal agreement under the provisions of section 106 of the Town and Country Planning Act (1990) securing the following (index linked):-


1.         Education £48,724

2.         Pre-school £24,999

3.         Libraries £496

4.         Traffic Regulation Order £11,500

5.         Provision of pathway/amenity space adjacent to the River Orwell (to include hard/soft landscaping and street furniture) before commencement of development and in accordance with details to be approved.

6.         Restrictions upon access to pathway/amenity space until adjacent development is first occupied or other timescales to be agreed. Pathway open and available to the public thereafter and provision of path between application site and Bridge Street in accordance with details/phasing to be approved.

7.         Provision for adoption and future maintenance of riverside path and associated works.

8.         Review clause covering delivery of Affordable Housing and POS contributions should the development become more profitable than described in the current submission.


Any planning permission granted be subject to the following summary planning conditions:-


1.         Development to be in accordance with the approved drawings.

2.         Detail of external materials shall be submitted and approved before commencement of external elevational works.

3.         Details of site levels shall be submitted and approved prior to construction of foundations.

4.         Submission of electric vehicle charging details, including numbers and locations, shall be submitted and approved before commencement of groundworks.

5.         Prior to the first occupation of the building details of biodiversity measures, external lighting, cycle parking, boundary treatments and a flood evacuation plan shall be submitted and approved.

6.         Footway within Stoke Street to be widened before first occupation.

7.         Upgrade of existing access before first occupation.

8.         Restrictions upon gradient (not steeper than 1 in 20 for the first five metres and 1 in 8 elsewhere).

9.         Provision and maintenance of visibility splays.

10.       The details of vehicle parking (including visitor parking, and parking of service vehicles), refuse and recycling storage facilities, and collection strategy, and the location of the refuse/recycling presentation area shall be submitted and approved before commencement of any groundworks.

11.       Details of foul and surface water drainage strategy shall be submitted and approved before commencement of groundworks.

12.       A full Construction Management Plan including a Construction Surface Water Management Plan shall be submitted and approved before commencement of the development

13.       Conditions relating to contaminated land (risk assessment, verification report, reporting of unexpected contamination).

14.       Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority.

15.       The development shall be in accordance with the Biodiversity Assessment, Energy Statement and Water Statement submitted with the application unless otherwise approved in writing.

16.       Before commencement of internal layout works within Blocks 1 and 2 details of refuge areas and flood resistance and resilience measures shall be submitted and approved.

17.       The finished floor levels on the ground floor within Blocks 1 and 2 are to be no lower than 4.5 metres.

18.       No groundworks shall commence until a programme of archaeological works is approved and thereafter carried out. The results of the works shall be submitted to the Local Planning Authority for circulation to SCC.

19.       Details of hard and soft landscaping, including communal and parking areas, and the respective management of these areas shall be provided for agreement and implemented prior to first occupation.




1.            Sprinklers recommended.

2.            EA advice, including regarding permit requirements.


That, in the event that such a legal agreement has not been completed within a period of 6 months (or other time frame to be agreed), the Head of Development be authorised to refuse planning permission on the grounds that the requirements necessary to make the development acceptable have not been secured through a s106 legal agreement contrary to policies CS17 and DM17 of the Core Strategy and Policies DPD 2017.

Supporting documents: