Agenda item

This application has been referred to Planning Committee at the request of Councillor Davidson due to concerns relating to; the design and street scene impact, impact on the neighbours, highway safety, general safety due to proximity to the Oil Refinery and parking concerns.

The site lies within the defined Settlement Development Boundary of the existing and emerging local plans.

Members were made aware prior to the Committee meeting that this application was referred to Planning Committee at the request of Councillor Davidson due to concerns relating to; the design and street scene impact, impact on the neighbours, highway safety, general safety due to proximity to the Oil Refinery and parking concerns.

The site was within the defined Settlement Development Boundary of the existing and emerging local plans.

In 2013 Planning permission (11/01172/OUT) was refused for the construction of 30 houses and associated parking, access and landscaping works. The reasons for refusal were due to the proximity to Carless Refinery and the increase in vehicular traffic along both Edward Street and Una Road. This decision was appealed; the appeal was allowed and planning permission granted. However, this approval was never implemented.

In 2015 the application site obtained a further outline planning approval for 30 dwellings, via application (Ref: 15/01792/OUT), the associated Reserve Matters approval was issued via application (Ref: 19/00406/DETAIL). Further to this, the site to the immediate north, for which the applicant was also the freeholder, had planning permission for 12 dwellings via (Ref: 16/02128/OUT) and approved Reserve Matters via (Ref 20/00460/DETAIL).

Members were informed that this application involved the construction of thirty houses and associated parking, access and landscaping. This application sought to modify the existing planning consent (19/00406/DETAIL) in terms of layout to comply with Essex Highways Technical Standards.

For the reasons outlined in this report, Officers considered the scheme before members, subject to planning conditions, to be an acceptable development proposal as it was in accordance with the relevant policies in the development plan, as well as emerging policies in section 2 of the emerging Local Plan, and on a site that had recent planning history approval for a similar number of dwellings.

A legal agreement was required for this application to secure a financial contribution towards Essex Coast Recreational Disturbance and Avoidance and Mitigation Strategy (RAMS).

In conclusion, the proposed development would not result in any harmful impact upon visual amenity or neighbouring amenities and provides appropriately designed additional housing and sufficient additional parking spaces to serve the proposed units.

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.

The case officer referred the planning committee to the update sheet previously circulated as follows:

(1)  Anglican Water’s Response

Anglican Water had confirmed the site contained no assets owned by Anglian Water or those subject to an adoption agreement within the development site boundary. This included surrounding dwelling 75 Una Road in the south west corner, neighbouring the host site.

(2)  Additional informatives recommended to be added to the decision recommendation, with the exception of Informative 3 that Angilan Water had confirmed in an email dated 1 September 2021 was not relevant in this case.

(3)  Essex Ecology Statement

The Ecological Statement (Abrehart Ecology, November 2020) validated the findings of the previous suite of surv eys onsite, and detailed that the ecological mitigation had already started. Updated surveys had been completed (where necessary for the licence applications- Natural England wouldn’t accept survey results over two years old for licences) and no additional surveys were necessary.

(4)  Essex County Council Highways recommend the following additional Highways Condition:

Prior to the commencement of development, a comprehensive traffic calming scheme (including the type, number, layout, levels, gradient, surfacing and means of surface water drainage of these traffic calming features) shall be submitted to the Local Planning Authority. The Local Planning Authority shall, in conjunction with Essex County Council Highways Department, formally approve these details. The approved traffic calming measures shall be fully implemented before first occupation of any of the dwellings hereby approved and retained in the agreed form at all times unless otherwise agreed with by the Local Planning Authority.

Reason: To ensure that traffic in the development is kept to a speed of no greater than 20mph. In the interests of highway Safety.

(5)  Planning Officers recommend that the following Planning Condition was added to the decision notice to reduce the possible risk to resident wellbeing during times of flood.

Prior to the commencement of the occupation of the site, a flood response plan shall be submitted to, and agreed in writing with, the Local Planning Authority.  This response plan, including information regarding the availability of the Environment Agency's 'Floodline' flood warning scheme, shall be made available to future occupiers of the site by means of a fixed notice within each house prior to its first use.

Reason - To minimise the risk to the occupants of the building in the event of flooding.

(6)  Pre commencement Planning Conditions relating to the previous 30 dwelling approval on site 15/01792/OUT and Reserve Matters application 19/00406/DETAIL

All the required pre commencement conditions had been discharged prior to commencement of the works on site. The works on site represent the implementation of Planning Permission ref: 15/01792/OUT, which was subsequently validated by the Approval of Reserved Matters ref: 19/00406/DETAIL.

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

Councillor Bill Davidson, a local Ward Member, spoke against the application.

Stephen Archer, the agent’s representative on behalf of the applicant, spoke in support of the application.

Following discussion by the Committee, it was moved by Councillor Baker, seconded by Councillor Bray and unanimously RESOLVED that consideration of this application be deferred for the following reasons:

1. To review viability
2. To establish what affordable housing contributions would be required in terms of an offsite contribution.
3. Agree heads of terms for a S106 agreement to cover any increase in profit from the site.
4. To seek to obtain additional comments from HSE regarding how they reached their ‘No Objection’ stance.