Agenda item

The development applied for relates to proposed business units, a covered market, a

community garden, public WCs and associated public realm on Land Adjacent to Lotus Way and Brooklands, Jaywick. The application is placed before members of the Planning  Committee as the applicant is Tendring District Council.

Councillor Casey declared a Personal Interest in relation to Planning Applications 21/00871/FUL – LAND ADJACENT TO LOTUS WAY AND BROOKLANDS JAYWICK CO15 2JE and 21/00876/FUL – 4 MILLERS BARN ROAD JAYWICK CLACTON ON SEA CO15 2QA insofar as he was a Ward Member.

 

It was reported that the development applied for related to proposed business units, a covered market, a community garden, public WCs and associated public realm on land adjacent to Lotus Way and Brooklands, Jaywick. The application had been brought before the Planning Committee as the applicant was Tendring District Council itself.

 

The Committee was advised that the site was located between the Brooklands and “Village” parts of Jaywick Sands, on the site of what was formerly the amusements and village centre of Jaywick Sands. The site was comprised of hardstanding on the central and eastern side of the site and scrubland at the western end. Brooklands, an un-adopted road, ran along the southern boundary, and Lotus Way, an adopted road built in the early 2000s ran to the east of the site.

 

Members were informed that the Saved Policy CL15a (Jaywick Regeneration) of the adopted Local Plan stated that: “To facilitate the phased redevelopment of the original Brooklands, Grasslands and Village area of Jaywick in accordance with the Jaywick Masterplan, the Council will allow residential and mixed-use development… on the Land west of Lotus Way and north of Brooklands (mixed-use on southern part of site).” Furthermore, Jaywick Sands  had been identified under emerging policy PPL4 (Priority Areas for Regeneration) as a priority for focused investment in social, economic and physical infrastructure and initiatives to improve vitality, environmental quality, social inclusion, economic prospects, education, health, community safety, accessibility and green infrastructure.

 

Moreover, the proposed Covered Market and Managed Workspace development responded directly to the Corporate Priorities identified within the Council’s 2020-2024 Corporate Plan and accorded with the Community Leadership and Tendring4Growth themes, which were central to that Plan.

 

Taking into consideration the three strands of sustainability namely: economic, social and environmental considerations the development was considered by Officers to represent a sustainable development by: creating local job opportunities; improving Jaywick Sands’ reputation; and the visual appearance of a key site in the community, which would complement the other regeneration projects resulting in raising property values for both commercial and residential properties; improved public realm including community garden and space for outdoor markets and other events; and improved walkability of the area and road safety.

 

Members were advised that the application and supporting documents/surveys demonstrated that there would be no overriding harm which could not be mitigated in respect of flood risk, landscaping, ecology or highways considerations.

 

Subject to the recommended conditions within section 8.2 of the Officer report and the completion of a legal agreement to secure contributions towards highway waiting restrictions and RAMS, the proposal was considered by Officers to be acceptable with no material harm to visual or residential amenity, ecology interests or highway safety, and the application had therefore been recommended by Officers for approval.

 

The Committee had before it the published Officer report containing the key planning issues, relevant planning policies, planning history, any response from consultees, written representations received and a recommendation of approval.

 

At the meeting, an oral presentation was made by the Council’s Planning Officer (TF) in respect of the application.

 

An update sheet had been circulated to the Committee prior to the meeting with details of:

 

(1)    Additional Consultee Comments of Essex County Council SUDs Team as followed:

 

Lead Local Flood Authority position

Having reviewed the Flood Risk Assessment and the associated documents which accompanied the planning application, we do not object to the granting of planning permission based on the following conditions:

 

Condition 1

No works except demolition shall takes place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme should include but not be limited to:

 

• Detailed engineering drawings of each component of the drainage scheme as the current drawing does not show pipes and manhole connections of the car parks.

• Final modelling and calculations for all areas of the drainage system.

• A final drainage plan which details exceedance and conveyance routes, FFL and proposed ground levels, and location and sizing of any drainage features.

• A written report summarising the final strategy and highlighting any minor changes to the approved strategy.

 

Reason

• To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.• To ensure the effective operation of SuDS features over the lifetime of the development.

• To provide mitigation of any environmental harm which may be caused to the local water environment

• Failure to provide the above required information before commencement of works may result in a system being installed that is not sufficient to deal with surface water occurring during rainfall events and may lead to increased flood risk and pollution hazard from the site.

 

Condition 2

Prior to occupation a maintenance plan detailing the maintenance arrangements including who is responsible for different elements of the surface water drainage system and the maintenance activities/frequencies, has been submitted to and agreed, in writing, by the Local Planning Authority. Should any part be maintainable by a maintenance company, details of long term funding arrangements should be provided.

 

Reason

• To ensure appropriate maintenance arrangements are put in place to enable the surface water drainage system to function as intended to ensure mitigation against flood risk.

• Failure to provide the above required information prior to occupation may result in the installation of a system that is not properly maintained and may increase flood risk or pollution hazard from the site.

 

Condition 3

The applicant or any successor in title must maintain yearly logs of maintenance which should be carried out in accordance with any approved Maintenance Plan.

 

These must be available for inspection upon a request by the Local Planning Authority.

 

(2) Amendment of Conditions in Section 8.2:

 

In light of the comments received from ECC-SUDs Team (as above) the conditions recommended at Section 8.2 of the committee report are amended as followed;

 

·         Removal of Condition 19 and insertion of the conditions recommended above within the comments of ECC-SUDs.

 

Tom Gardiner, Head of Economic Growth, acting on behalf of Tendring District Council, spoke in support of the application.

 

Matters raised by a Committee Member:-	Officer’s response thereto:-
A Member of the Committee questioned the purpose of the five larger parking spaces.	The Planning Officer confirmed that these were for larger vehicles and loading/delivery purposes only.
A Member of the Committee asked if there were allocated parking spaces, and how would the car park be managed?	The Planning Officer confirmed that parking would be monitored and regulated accordingly.
What are the working practice hours of the site?	Condition 17 and 18 states the hours open to the public.
A Councillor asked how many spaces facilitate an electric charging point?	The Planning Officer confirmed that electric charging points do form part of the development. Conditions 6.5 of the report suggests five parking spaces will facilitate electric charging points.
A Councillor asked the Planning Officer to clarify the opening hours of the premises.	The Planning Officer referred Members to paragraph 6.43 of the report regarding the proposed, licensable opening hours whereby; Tendring District Council’s Licensing Team will enforce the relevant control measures.
Can we have reassurance that ecological studies will be undertaken?	The Planning Officer confirmed that conditions 6, 8 9 and 21 of the report refer to the Ecological Impact Assessments to be undertaken, specifically reptiles.
Will there be sufficient LED lighting externally around the premises?	In terms of further requirements, the development hopes to be as sustainable as possible.

 

Following discussion by the Committee, it was moved by Councillor Alexander, seconded by Councillor Bray and unanimously RESOLVED that the Assistant Director (Planning) (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to:

 

a) Within 6 (six) months of the date of the Committee’s resolution to approve, the completion of a legal agreement under the provisions of section 106 of the Town and Country Planning Act 1990 dealing with the following matters (where relevant):

• Financial Contribution towards RAMS

• ECC-Highways Contribution towards the introduction of any future parking restriction scheme for the surrounding roads and/or at the junction to the site and junction with Lotus Way/ Brooklands/ Tamarisk Way.

 

b) the following Planning Conditions (and Reasons):

 

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

 

Reason - To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

 

2. The development hereby permitted shall be carried out in accordance with the following approved plans: - 182_HAT_PL_100 Revision P1 (Block Plan) - 182_HAT_PL_110 (Proposed Ground Floor Plan) - 182_HAT_PL_111 (Proposed First Floor and Roof Plan) - 182_HAT_PL_120 (Proposed Streetscene) - 182_HAT_PL_121 (Proposed East and South Elevations) - 182_HAT_PL_122 (Proposed West and North Elevations) - 182_HAT_PL_130 (Proposed Sections)

 

Reason - For the avoidance of doubt and in the interests of proper planning.

 

3. Prior to the commencement of any above ground works, a detailed scheme of hard and soft landscaping works for the site (aside from the community garden) shall be submitted to and approved, in writing, by the Local Planning Authority. The scheme shall include any proposed changes in ground levels and also accurately identify spread, girth and species of all existing trees, shrubs and hedgerows on the site and indicate any to be retained, together with measures for their protection which shall comply with the recommendations set out in the British Standards Institute publication "BS 5837: 2012 Trees in relation to design, demolition and construction.

 

Reason - To enhance the visual impact of the proposed works.

 

4. All changes in ground levels, hard landscaping, planting, seeding or turfing shown on the approved landscaping details shall be carried out during the first planting and seeding season (October - March inclusive) following the commencement of the development or in such other phased arrangement as may be agreed in writing by the Local Planning Authority. Any trees or shrubs which, within a period of 5 years of being planted die, are removed or seriously damaged or seriously diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority agrees in writing to a variation of the previously approved details.

 

Reason -To enhance the visual impact of the proposed works.

 

5. Prior to the commencement of works to the community garden a detailed scheme of hard and soft landscaping works for this aspect of the development shall be submitted to and approved, in writing, by the Local Planning Authority. The scheme shall include any proposed changes in ground levels and also accurately identify spread, girth and species of all existing trees, shrubs and hedgerows on the site and indicate any to be retained, together with measures for their protection which shall comply with the recommendations set out in the British Standards Institute publication "BS 5837: 2012 Trees in relation to design, demolition and construction. Any trees or shrubs which, within a period of 5 years of being planted die, are removed or seriously damaged or seriously diseased shall be replaced in the next planting season with others of similar size and species.

 

Reason – To enhance the visual amenity of the proposed works.

 

6. All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Ecological Impact Assessment (Woodfield Ecology, May 2020) and the Reptile Mitigation Strategy (Woodfield Ecology, March 2021) as already submitted with the planning application and agreed in principle with the local planning authority prior to determination. This may include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW,) to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details.

 

Reason - To conserve and enhance Protected and Priority species and allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species).

 

7. A construction environmental management plan (CEMP: Biodiversity) shall be submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following:

a) Risk assessment of potentially damaging construction activities.

b) Identification of “biodiversity protection zones”.

c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).

d) The location and timing of sensitive works to avoid harm to biodiversity features.

e) The times during construction when specialist ecologists need to be present on site to oversee works.

f) Responsible persons and lines of communication.

g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

h) Use of protective fences, exclusion barriers and warning signs.

i) Containment, control and removal of any Invasive non-native species present on site The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

 

Reason - To conserve protected and Priority species and allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 (as amended) and s40 of the NERC Act 2006 (Priority habitats & species).

 

8. A Biodiversity Enhancement Strategy for Protected and Priority species shall be submitted to and approved in writing by the local planning authority. The content of the Biodiversity Enhancement Strategy shall include the following:

a) Purpose and conservation objectives for the proposed enhancement measures;

b) detailed designs to achieve stated objectives;

c) locations of proposed enhancement measures by appropriate maps and plans;

d) persons responsible for implementing the enhancement measures;

e) details of initial aftercare and long-term maintenance (where relevant). The works shall be implemented in accordance with the approved details and shall be retained in that manner thereafter.”

 

Reason - To enhance Protected and Priority Species/habitats and allow the LPA to discharge its duties under the s40 of the NERC Act 2006 (Priority habitats & species).

 

9. No development shall take place, including any ground works or demolition, until a Construction Management Plan has been submitted to, and approved in writing by, the local planning authority. The approved plan shall be adhered to throughout the construction period. The Plan shall provide for: - the parking of vehicles of site operatives and visitors - loading and unloading of plant and materials - storage of plant and materials used in constructing the development - wheel and underbody washing facilities - details of construction noise mitigation methods (including for any proposed piling) - dust suppression techniques - details of a waste/demolition removal management plan.

 

Reason - To ensure that on-street parking of these vehicles in the adjoining streets does not occur and to ensure that loose materials and spoil are not brought out onto the highway in the interests of highway safety.

 

10. The opening of the development shall not take place until the following have been provided or completed:

a) A priority junction off Lotus Way to provide access to the proposal site with Kerb radii measuring a minimum of 8 metres with a 2 metre-wide footway provide around each kerb radii and extended to the nearest crossing point and provided with appropriate drop kerb/ tactile paving.

b) The access road which shall have a minimum width of 6.75 metres for the first 15 metres.

c) Improvements to footway to an affective width of 2 metres across the entire site frontage with Lotus Way.

d) Where possible provision of pedestrian drop kerb at appropriate crossing point(s) from the District Council Car Park off Tamarisk Way to the main site entrance including the provision of appropriate tactile paving.

e) To current Essex County Council specification, the upgrade of the two closest bus stops or provide a new stop(s) which would best serve the proposed site (details shall be agreed with the Local Planning Authority prior to commencement of the development).

f) Appropriate vehicle visibility splays in accordance with current policy standards.

 

Reason - To protect highway efficiency of movement and to make adequate provision within the highway for the movement and safety of the additional pedestrian traffic generated as a result of the proposed development.

 

11. There shall be no discharge of surface water onto the Highway.

 

Reason - To prevent hazards caused by water flowing onto the highway and to avoid the formation of ice on the highway in the interest of highway safety.

 

12. The proposed development shall not be occupied until such time as the vehicle parking areas indicated on the approved plans, including any parking spaces for the mobility impaired, has been hard surfaced, sealed and marked out in parking bays. The vehicle parking areas and associated turning area shall be retained in this form at all times. The vehicle parking shall not be used for any purpose other than the parking of vehicles that are related to the use of the development unless otherwise agreed with the Local Planning Authority.

 

Reason - To ensure that on street parking of vehicles in the adjoining streets does not occur in the interests of highway safety and that appropriate parking.

 

13. The Cycle/Powered Two-wheeler parking shall be provided in accordance with the EPOA Parking Standards prior to the first use of the development. The approved facilities shall be secure, convenient, covered and provided prior to occupation and retained at all times.

 

Reason - To ensure appropriate cycle/powered two-wheeler parking is provided in the interest of highway safety.

 

14. The barrier provided at the vehicular access shall be set back a minimum of 15 metres from the back edge of the footway/cycleway or where no provision of footway/cycleway is present the carriageway, in perpetuity.

 

Reason - To enable vehicles using the access to stand clear of the carriageway whilst the barrier is being opened and closed and to allow parking off street and clear from obstructing the adjacent footway/cycleway/carriageway in the interest of highway safety.

 

15. Prior to the commencement of development, details of the estate roads and footways (including layout, levels, gradients, surfacing and means of surface water drainage and any lighting requirements) shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason - To ensure that roads and footways are constructed to an acceptable standard, in the interests of highway safety.

 

16. No development or preliminary groundworks of any kind shall take place until a programme of archaeological and geoarchaeological investigation has been secured in accordance with a written scheme of investigation which has been submitted by the applicant, and approved in writing by the local planning authority. No development or preliminary groundworks of any kind shall take place until the completion of the programme of archaeological investigation identified in the WSI defined in 1 above. The applicant will submit to the local planning authority a post excavation assessment (to be submitted within six months of the completion of the fieldwork, unless otherwise agreed in advance with the Planning Authority). This will result in the completion of post excavation analysis, preparation of a full site archive and report ready for deposition at the local museum, and submission of a publication report.

 

Reason – To protect potential archaeological and geo-archaeological heritage assets.

 

17. The hereby approved units shall only be open to the public between the following hours; 7am – 9pm (All week).

 

Reason – To protect local amenity?

 

18. The hereby approved events area shall only be used for events between the following hours; 7am – 11pm (All week).

 

Reason – To protect local amenity?

 

19. No development shall take place until a drainage strategy and associated detailed design, management and maintenance plan of surface water drainage for the site using SuDS methods has been submitted to and approved in writing by the Local Planning Authority. The approved drainage system shall be implemented in accordance with the approved Sustainable Drainage Strategy prior to the use of the building commencing and maintained thereafter for the lifetime of the development.

 

Reason - To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal is incorporated into the design and the build and that the principles of sustainable drainage are incorporated into this proposal and maintained for the lifetime of the proposal.

 

20. Prior to the first use/occupation of the development a Flood Warning & Evacuation Plan shall be submitted to and approved, in writing, by the Local Planning Authority. The Flood Warning Evacuation Plan shall remain in force for the duration of the lifetime of the development and shall remain a live document and be updated where required.

 

Reason - The site lies within flood zones 3 and a detailed evacuation plan is essential to safeguard occupiers of the development.

 

21. The development shall be carried out in full accordance with the recommendations contained within the submitted ‘Site Investigation Report’ (as prepared by Soil Consultants – Report Reference 10607/JRCB). This includes the submission of the following details prior to commencement; - Details of the proposed gas protection measures, evidencing gas levels are reduced to acceptable levels; - Soil samples taken at the proposed community garden, in order to identify any potential contamination and any necessary remedial measures if required; and - Details of a watching brief during the groundworks to ensure that any potential contaminated soil encountered is disposed of in a safe and controlled manner. These details shall be submitted to the Local Planning Authority and approved, in writing, prior to the commencement of works. The approved details shall then be adhered to during the construction phase.

 

Reason – To safeguard against potential contaminates on site.

 

Additional conditions:-

 

Condition 10 to be amended to remove ‘where possible’ from clause d;

 

No external lighting shall be installed until details of an illumination scheme have been submitted to and approved in writing by the local planning authority. Development shall only be carried out in accordance with the approved details.

 

Reason – in the interests of amenity to reduce the impact of night time illumination on the character of the area and to ensure that the development employs energy efficient measures.

 

Prior to the occupation/first use of any of the proposed development five double car charging points are to be provided and shall be retained thereafter.

 

Reason – to ensure a satisfactory development in terms of supporting sustainable means of transportation.