A resolution to approve this planning application was made by members of the Planning Committee on the 3^rd August 2021. It was agreed, at the Committee that the Planning Conditions and the Heads of Terms forming the Legal Agreement would be placed before the Planning Committee to review and confirm agreement.

 

The recommended Conditions and Heads of Terms, are outlined below and reflect the comments of all consultees and the hybrid nature of the planning application. The Heads of Terms and Conditions have been reviewed by the applicant and they confirm agreement.

 

The Committee recalled that, at its meeting held on 3 August 2021, it had decided to approve this application subject to the proposed planning conditions and the Heads of Terms of the related Legal Agreement being submitted to the Committee for approval.

 

The recommended Conditions and Heads of Terms, were before Members and reflected the comments received from all consultees and the hybrid nature of the planning application. The Heads of Terms and Conditions had been also reviewed by the applicant and they had confirmed their agreement.

 

 

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 Team Leader (JJ) in respect of the application.

 

The Chairman declared that there would be no public speaking for this Planning Applicationas it had previously been considered by the Committee.

 

 

Matters raised by Members of the Committee:-	Planning Officers’ response thereto:-
A member of the Committee previously asked Planning officers for confirmation that the plaques on the memorial will be moved.	The Planning Officer confirmed that the plaques will be relocated to the village green.
A member of the Committee requested that any reserved matters application be brought to the Committee.	Agreed.
A member of the Committee suggested a pedestrian crossing.	The proposal includes two bus stops, all aspects of safety have been substantially covered. The Planning Officer referred to ECC’s recommendations in section 2 of the report.

 

Following discussion by the Committee, it was moved by Councillor Baker, seconded by Councillor Harris 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):

 

- Affordable Housing - A written affordable housing scheme shall be completed and agreed, providing for 30% affordable housing. The tenure, mix and delivery to be agreed. All Affordable Housing units to be constructed prior to occupation of 60% of the market units (including occupation of 50% of the outline element).

 

- Village Green & Lodge Meadow Maintenance - The identification, laying out and establishing of such areas in accordance with approved plans by the applicant and transfer of same to the Parish Council for the benefit of the local community upon payment of contribution to enable ongoing maintenance of these areas.

 

- Education – Primary School Contribution (£486,040), Secondary School Transport Contribution (£104,728) and Library Contribution.

 

- Highways - £20,000 towards the design and/or delivery of the upgrade of the traffic signals at the A133 Main Road/ Colchester Road/ B1029 Great Bentley Road/ Bromley Road junction, Frating.

 

- RAMS - £127.60 per dwelling

 

- Heritage - Written scheme and method statement to address non-designated heritage assets on the site; survey and recording in accordance with ECC observations; the incorporation of structures into the layout will be subject of reserved matters approval. Timings, trigger points and obligations to be comprised in the legal agreement.

 

b)     the following conditions:-

 

Full Planning Permission (12 dwellings, Access/Open Spaces Elements)

 

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 and documents:

19/2947/003 A – Massing/Layout Plan

19/2947/005 B – Boundary Treatments Plan

19/2947/006 B – Materials Plan

19/2947/007 A – Garden Areas Plan

19/2947/020 – ‘Oliver’ Elevations

19/2947/021 – ‘Oliver’ Elevations

19/2947/022 – ‘Oliver’ Floor Plans

19/2947/024 – ‘Dylan’ Elevations

19/2947/025 – ‘Dylan’ Floor Plans

19/2947/027 – ‘Arlo’ Elevations

19/2947/028 – ‘Arlo’ Floor Plans

19/2947/030 – ‘Seren’ Elevations

19/2947/031 – ‘Seren’ Floor Plans

19/2947/033 – ‘Jackson’ Elevations

19/2947/034 - ‘Jackson’ Floor Plans

19/2947/036 – ‘Jackson 1’ Elevations

19/2947/037 – ‘Jackson 1’ Floor Plans

19/2947/040 – ‘Jackson 2’ Elevations

19/2947/041 – ‘Jackson 2’ Floor Plans

19/2947/044 – ‘Sofia’ Elevations

19/2947/045 – ‘Sofia’ Elevations

19/2947/046 – ‘Sofia’ Floor Plans

19/2947/048 – ‘Sofia 1’ Elevations

19/2947/049 – ‘Sofia 1’ Elevations

19/2947/050 – ‘Sofia 1’ Floor Plans

19/2947/052 – ‘Ella-Rose’ Elevations

19/2947/053 – ‘Ella-Rose’ Floor Plans

19/2947/056 – ‘Ella-Rose 1’ Elevations

19/2947/057 – ‘Ella-Rose 1’ Elevations

19/2947/058 – ‘Ella-Rose 1’ Floor Plans

19/2947/070 – Double Garage (Gable) Elevations/Floor Plans

19/2947/071 – Double Garage Elevations/Floor Plans

19/2947/072 - Garage Floor Plan/Elevations

20066-100 – Access/Highway Works Plan

 

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

 

3) Prior to commencement of any above ground works precise details of the provision, siting, design and materials of screen walls and fences shall have been submitted to and approved in writing by the Local Planning Authority. The approved screen walls and fences shall be erected prior to the dwellings to which they relate being occupied and thereafter be retained in the approved form.

 

Reason - In the interests of visual and residential amenity.

 

4) Prior to commencement of any above ground works details of the proposed facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

Reason - Insufficient details have been provided with the application, in the interests of visual amenity.

 

5) No above ground works shall take place until there has been submitted to and approved, in writing, by the Local Planning Authority a scheme of hard and soft landscaping works for the site (including the detailed design of the proposed memorial, pedestrian footpaths and various pieces of play equipment, surfacing and boundary treatments), which 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 - This is a publicly visible site where an appropriate landscaping scheme is a visually essential requirement.

 

6) 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 ensure the adequate maintenance of the approved landscaping scheme for a period of five years in the interests of the character of the surrounding area.

 

7) Cycle/Powered Two-wheeler parking shall be provided in accordance with the EPOA Parking Standards. 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 and amenity.

 

Outline Planning Permission – 67 dwellings/Access Roads/Conversion of non-designated heritage assets

 

8) The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved.

 

Reason - To comply with the requirements of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

9) Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

Reason - To comply with the requirements of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

10) No development shall be commenced until plans and particulars of "the reserved matters" referred to in the above conditions relating to the appearance, landscaping, layout, access and scale have been submitted to and approved, in writing, by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

Reason - The application as submitted does not provide sufficient particulars for consideration of these details.

 

Full and Outline Permission

 

11) Prior to the commencement of above-ground works, a scheme for on-site foul water drainage works, including connection point and discharge rate, shall be submitted to and approved in writing by the Local Planning Authority. Prior to the occupation of any phase, the foul water drainage works relating to that phase must have been carried out in complete accordance with the approved scheme.

 

Reason - To prevent environmental and amenity problems arising from flooding.

 

12) 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:

- Discharge via infiltration for all storm events up to and including the 1 in 100 year rate plus 40% allowance for climate change.

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

- Detailed engineering drawings of each component of the drainage scheme.

- A final drainage plan which details exceedance and conveyance routes, FFL and 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.

The scheme shall subsequently be implemented prior to occupation. It should be noted that all outline applications are subject to the most up to date design criteria held by the LLFA.

 

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.

 

13) 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.

 

Reason - To ensure the SuDS are maintained for the lifetime of the development as outlined in any approved Maintenance Plan so that they continue to function as intended to ensure mitigation against flood risk.

 

14) All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in Appendix 21 of the Ecological Impact Assessment (SES, October 2020) 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).

 

15) The works to demolish the buildings onsite shall not in any circumstances commence unless the local planning authority has been provided with either:

a) a licence issued by Natural England pursuant to Regulation 55 of The Conservation of Habitats and Species Regulations 2017 (as amended) authorising the specified activity/development to go ahead; or;

b) a statement in writing from the relevant licensing body to the effect that it does not consider that the specified activity/development will require a licence.”

 

Reason - To conserve protected and Priority species (Bats) 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 and s17 Crime & Disorder Act 1998.

 

16) The works shall not in in any circumstances commence unless the local planning authority has been provided with either:

a) a licence issued by Natural England pursuant to Regulation 55 of The Conservation of Habitats and Species Regulations 2017 (as amended) authorising the specified activity/development to go ahead; or;

b) a statement in writing from the relevant licensing body to the effect that it does not consider that the specified activity/development will require a licence.

 

Reason - To conserve protected and Priority species (Dormice) 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 and s17 Crime & Disorder Act 1998.

 

17) No development shall take place until a Reptile Mitigation Strategy addressing the final mitigation and translocation of reptiles has been submitted to and approved in writing by the local planning authority.

The Reptile Mitigation Strategy shall include the following;

a) Purpose and conservation objectives for the proposed works.

b) Review of site potential and constraints.

c) Detailed design(s) and/or working method(s) to achieve stated objectives.

d) Extent and location/area of proposed works on appropriate scale maps and plans.

e) Type and source of materials to be used where appropriate, e.g. native species of local provenance.

f) Timetable for implementation demonstrating that works are aligned with the proposed phasing of development.

g) Persons responsible for implementing the works.

h) Details of initial aftercare and long-term maintenance of the reptile receptor area(s).

i) Details for monitoring and remedial measures.

j) Details for disposal of any wastes arising from works.

 

The Reptile Mitigation Strategy shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.”

 

Reason - To allow the LPA to discharge its duties under the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species).

 

18) Prior to commencement of the relevant phase a lighting design scheme for biodiversity shall be submitted to and approved in writing by the local planning authority. The scheme shall identify those features on site that are particularly sensitive for bats and that are likely to cause disturbance along important routes used for foraging; and show how and where external lighting will be installed (through the provision of appropriate lighting contour plans, lsolux drawings and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory.

 

All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

 

Reason - To 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).

 

19) Concurrent with the Reserved Matters submission a final 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 final 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).

 

20) No demolition or conversion of any kind shall take place until the applicant has secured the implementation of a programme of historic building recording in accordance with a written scheme of investigation which has been submitted by the applicant, and approved by the planning authority.

 

The applicant will submit to the local planning authority an approved historic building report (to be submitted within six months of the completion of fieldwork, unless otherwise agreed in advance with the Planning Authority).

 

No development or preliminary groundworks of any kind shall take place until a programme of archaeological 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 safeguard archaeological remains on the site and details of retained/demolished buildings.

 

21) No development shall commence, including any groundworks, until a Construction/Demolition Method Statement has been submitted to, and approved in writing by the local planning authority. The Construction Method Statement shall provide for: 

- safe access to/from the site;

- the parking of vehicles of site operatives and visitors;

- the loading and unloading of plant and materials;

- the storage of plant and materials used in constructing the development;

- the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

- wheel washing facilities;

- measures to control the emission of dust and dirt during construction/demolition;

- a scheme for recycling/disposing of waste resulting from construction/demolition works;

- details of hours of deliveries relating to the construction/demolition of the site;

- details of hours of site clearance or construction/demolition;

- a scheme to control noise and vibration during the construction/demolition phase, including details of any piling operations

           

The approved Construction/Demolition Method Statement shall be adhered to throughout the construction period for the development.   

 

Reason - To ensure that on-street parking of construction vehicles and materials storage in the adjoining streets does not occur, in the interests of highway safety and to control delivery/working hours in the interests of residential amenity.

 

22) No occupation of the development shall take place until the following have been provided or completed:

a) A priority junction off Parsons Hill to provide access to the proposed site as shown in principle on planning application, drawing number: 20066-100 Rev. A4.

b) The road junction at its centre line shall be provided with a minimum clear to ground visibility splay with dimensions of 2.4 metres by 92 metres to the north and 2.4 metres by 102 metres to the south, as measured from and along the nearside edge of the carriageway. Such vehicular visibility splays shall be provided before the road junction / access is first used by vehicular traffic and retained free of any obstruction at all times.

c) To current Essex County Council specification, the provision of two bus stops on Parsons Hill which would best serve the proposal site (details shall be agreed with the Local Planning Authority prior to commencement of the development) to include but not restricted to shelter (x2) with bus stop flag, Kassel Kerbs, and bus timetables.

d) Provision of a 2-metre-wide footway either side of the new junction and across the entire site frontage as shown in principle with drawing no. 20066-100 Rev. A4.

e) Provision of a 2-metre-wide footway on the south-west side of Parsons Hill to provide a pedestrian link from the development to the Village Hall and bus stop as shown in principle with drawing no. 20066-100 Rev. A4.

 

Reason - To protect highway efficiency of movement and safety and to ensure the proposal site is accessible by more sustainable modes of transport such as public transport, cycling and walking.

 

23) Prior to occupation of the relevant dwelling the vehicle parking area (garage and/or driveway) serving that dwelling as indicated on the approved plans, shall have been provided. The vehicle parking area and associated turning areas and visitor parking shall thereafter be retained in the approved form. 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.

 

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 is provided.

 

24) Any new boundary planting shall be planted a minimum of 1 metre back from the highway boundary and any visibility splay.

 

Reason - To ensure that the future outward growth of the planting does not encroach upon the highway or interfere with the passage of users of the highway, to preserve the integrity of the highway and in the interests of highway safety.

 

25) Prior to occupation the Developer shall be responsible for the provision and implementation of a Residential Travel Information Pack for sustainable transport, the details of which shall have been previously submitted to and approved in writing by the Local Planning Authority. The travel packs shall include six one day travel vouchers for use with the relevant local public transport operator.

 

Reason - In the interests of reducing the need to travel by car and promoting sustainable development and transport.

 

26) The development shall be carried out in full accordance with the tree/hedgerow protection measures outlined within the submitted Aboricultural Impact Assessment (as prepared by SES – dated 31st March 2020).

 

Reason – To protect the most important trees on site in the interests of amenity and biodiversity.

 

27) Prior to the first occupation of the development a detailed electric vehicle charging point scheme shall be submitted to and approved, in writing, by the Local Planning Authority. The approved scheme shall be installed as approved prior to occupation and retained thereafter.

 

Reason – In the interests of sustainable transport.

 

28)One minor addition to the heritage method statement to include the words in caps below:

 

- Heritage - Written scheme and method statement to INCLUDE ALL THE MEMORIAL PLAQUES ON SITE and to address non-designated heritage assets on the site; survey and recording in accordance with ECC observations; the incorporation of structures into the layout will be subject of reserved matters approval. Timings, trigger points and obligations to be comprised in the legal agreement.