Agenda item

This application was originally brought before Planning Committee on 1September 2021 and deferred for the following reasons:

·         Allow for a full public review of the viability;

·         Establish what affordable housing contributions would be required in terms of an off-site contribution;

·         Agree heads of terms for a s106 to cover any increase in profit from the site;

·         Seek to obtain additional comment from the HSE (Health and Safety Executive) on how they reached their, ‘no objection’ stance.

 

Members recalled that this application had been originally brought before the Planning Committee on 1 September 2021 when it had been decided to defer consideration. Updates to the Officers’ report were shown in bold text throughout the report.

 

The Committee was reminded that this application had been referred to  it at the request of Councillor Davidson due to his concerns relating to: the design and street scene impact, impact on the neighbours, highway safety, and 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.

 

It was reported that in 2013 planning permission (11/01172/OUT) had been refused for the construction of 30 houses and associated parking, access and landscaping works.  The reasons for that refusal were due to the site’s proximity to Carless Refinery and the increase in vehicular traffic along both Edward Street and Una Road.  That decision had been appealed. The appeal had then been allowed and planning permission granted by the Planning Inspector. However, that approval had never been implemented.

 

Members were made aware that in 2015 the application site had obtained a further outline planning approval for 30 dwellings, via application 15/01792/OUT. The associated Reserve Matters approval had been obtained via application 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 planning application 16/02128/OUT and approved Reserve Matters via application 20/00460/DETAIL.

 

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

 

For the reasons outlined in their 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 policies in section 2 of the emerging Local Plan, and was on a site that had recent planning history approval for a similar number of dwellings.

 

Members were also reminded that a legal agreement was required for this application in order to secure a financial contribution towards Essex Coast Recreational Disturbance and Avoidance and Mitigation Strategy (RAMS).

 

In conclusion, Officers felt that the proposed development would not result in any harmful impact upon visual amenity or neighbouring amenities and provided 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.

 

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 on this Planning Applicationas it had previously been considered by the Committee.

 

The Chairman also reminded the Committee and members of the public that Councillors Harris and Placey would not participate in the Committee’s deliberations of this application as they had not formerly participated in the previous discussions and deliberations on this application.

 

 

Matters raised by Members of the Committee:-	Planning Officers’ response thereto:-
A member of the Committee asked if the financial contribution was towards affordable housing or if it included RAMS.	The financial contribution was towards affordable housing.
Concerns were raised regarding the width of the road.	It was highlighted in the report that the width of the road was greater than the recommended width.

 

Following discussion by the Committee, it was moved by Councillor Fowler, seconded by Councillor Alexander 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 to include the following matters (where relevant):

 

•           Financial Contribution towards RAMS

•           Viability Review Mechanism, for a further viability to be undertaken if development has not commenced in 2 years. 

 

(b) the following Planning Conditions (and Reasons):-

 

1. The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.

 

Reason - The time limit condition is imposed in order to comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2. The development hereby permitted shall be carried out in accordance with the following approved plans:

 

5195/01/100 p1	Amended block plan
5195/01/102 p2	Amended proposed block plan (coloured)
5195/01/101	Proposed block plan (materials)
5195/01/103	Proposed block plan (technical)
201014/a	Amended tree protection plan
210730	Amended road layout plan
5195/01/228 p1	House type 4 (2b special) - proposed ground floor plan
5195/01/229 p1	House type 4 (2b special) - proposed first floor plan

 

 

5195/0/102/a	Existing site plan with topography
5195/0/101/a	Existing site plan
5195/0/100/a	Site location plan
5195/1/222	Semi detached house type 3abc - roof plan
5195/1/223a	Semi detached house type 3a - front elevation
5195/1/105-106	Material palettes
5195/1/202	Semi detached house type 1 - first floor plan
5195/1/205	Semi detached house type 1 - rear elevation
5195/1/211	Semi detached house type 2a
5195/1/215	Semi detached house type 2a - side elevation
5195/1/223b	Semi detached house type 3b - front elevation
5195/1/225	Semi detached house type 3ab - side elevation
5195/1/301	External finishes schedule
5195/1/201	Semi detached house type 1 - ground floor plan
5195/1/203	Semi detached house type 1 - roof plan
5195/1/212	Semi detached house type 2a
5195/1/214	Semi detached house type 2a
5195/1/215b	Semi detached house type 2b - side elevation
5195/1/216	Semi detached house type 2a
5195/1/217	Semi detached house type 2a
5195/1/220	Semi detached house type 3abc - ground floor plan
5195/1/226	Semi detached house type 3abc - section a-a
201014/01 a	Tree constraint plan
P03	Planting plan
5195/1/204	Semi detached house type 1 - front elevation
5195/1/206	Semi detached house type 1 - side elevation
5195/1/207	Semi detached house type 1 - section a-a
5195/1/210	Semi detached house type 2a
5195/1/213b	Semi detached house type 2b - front elevation
5195/1/208	Semi detached house type 1 - section b-b
5195/1/213	Semi detached house type 2a - front elevation
5195/1/221	Semi detached house type 3abc - first floor plan
5195/1/223c	Semi detached house type 3c - front elevation
5195/1/224	Semi detached house type 3abc - rear elevation
5195/1/225c	Semi detached house type 3c - side elevation
5195/1/227	Semi detached house type 3abc - section b-b

 

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

           

3. Prior to the occupation of any of the proposed development the internal road site access and footway layout shall be provided in principle and accord with Drawing Number:

 

5195/1/100 Rev. P-1          Amended site layout.

           

Reason: To ensure that vehicles using the site access do so in a controlled manner, in the interests of highway safety.

           

4. Prior to occupation of the development a 1.5 metre x 1.5 metre clear visibility above a height of 600mm, as measured from and along the boundary, shall be provided on both sides of the vehicular accesses. Such visibility splays shall be retained free of any obstruction in perpetuity. These visibility splays must not form part of the vehicular surface of the access.

           

Reason: To provide adequate inter-visibility between the users of the access and pedestrians in the adjoining public highway in the interest of highway safety.

           

5. Prior to the commencement of development, details of the estate roads and footways (including layout, levels, gradients, surfacing and means of surface water drainage) 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.

           

6. The proposed 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.

                       

7. The development shall not be occupied until such time as a car parking and turning areas has been provided in accord with current Parking Standards. These facilities shall be retained in this form at all times and shall not be used for any purpose other than the parking and turning of vehicles related to the use of the development thereafter.

           

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

           

8. Each tandem vehicular parking space shall have minimum dimensions of 2.9 metres x 11 metres to accommodate two vehicles.

           

Reason: To ensure adequate space for parking off the highway is provided in the interest of highway safety.

           

9. Each vehicular parking space which is bounded by walls or other construction shall have minimum dimensions of 3.4 metres x 5.5 metres.

           

Reason: To encourage the use of off-street parking and to ensure adequate space for parking off the highway is provided in the interest of highway safety.

           

10. The Cycle parking shall be provided in accordance with the EPOA Parking Standards. The approved facility shall be secure, convenient, covered and provided prior to first occupation and retained at all times.

           

Reason: To ensure appropriate cycle parking is provided in the interest of highway safety and amenity.

           

11. Prior to occupation of the proposed dwelling, the Developer shall be responsible for the provision and implementation of a Residential Travel Information Pack for sustainable transport, approved by Essex County Council, to include six one day travel vouchers for use with the relevant local public transport operator free of charge.

           

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

           

12. No development shall take place, including any ground works or demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

 

              i.        the parking of vehicles of site operatives and visitors;

             ii.        the loading and unloading of plant and materials;

            iii.        storage of plant and materials used in constructing the development;

           iv.        details of noise, dust, emission and lighting control measures;

             v.        wheel and under-body washing facilities;

           vi.        hours of construction

          vii.        prior to the commencement of any work on the site, a joint inspection of the route to be used by construction vehicles should be carried out by the Applicant and the Highway Authority, including photographic evidence. 

 

  Emission Control

 

         viii.        All waste arising from the ground clearance and construction processes to be recycled or removed from the site subject to agreement with the Local Planning Authority and other relevant agencies. 

           ix.        No materials produced as a result of the site development or clearance shall be burned on site. All reasonable steps, including damping down site roads, shall be taken to minimise dust and litter emissions from the site whilst works of construction and demolition are in progress.

             x.        All bulk carrying vehicles accessing the site shall be suitably sheeted to prevent nuisance from dust in transit.

 

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

 

13. 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.

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.

 

14. No works shall take place until a scheme to minimise the risk of offsite flooding caused by surface water run-off and groundwater during construction works and prevent pollution has been submitted to, and approved in writing by, the local planning authority. The scheme shall subsequently be implemented as approved.

Reason: To ensure development does not increase flood risk elsewhere and does not contribute to water pollution.

Construction may lead to excess water being discharged from the site. If dewatering takes place to allow for construction to take place below groundwater level, this will cause additional water to be discharged. Furthermore the removal of topsoils during construction may limit the ability of the site to intercept rainfall and may lead to increased runoff rates. To mitigate increased flood risk to the surrounding area during construction there needs to be satisfactory storage of/disposal of surface water and groundwater which needs to be agreed before commencement of the development.

Construction may also lead to polluted water being allowed to leave the site. Methods for preventing or mitigating this should be proposed.

 

15. 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.

 

16. 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.

 

17. All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Ecological Statement (Abrehart Ecology, November 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).

 

18. 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) timetable for implementation demonstrating that works are aligned with the proposed phasing of development;

e) persons responsible for implementing the enhancement measures;

f) 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).

 

19. 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)

 

20. No development shall commence until details of existing and proposed levels of the site, finished floor levels and identifying all areas of cut or fill, have been submitted to and approved in writing by the Local Planning Authority.  The development shall be completed in accordance with the agreed scheme before any dwelling is first occupied.

 

Reason - Due to the change in site levels over the site, in relation to residential amenity and impact on neighbouring properties. 

 

21. No building hereby permitted shall be occupied until a landscape management plan setting out how the communal open space and landscaping will be carried out and by whom, has been prepared, submitted to and approved in writing by the Local Planning Authority. The measures shall thereafter be implemented in accordance with the approved landscape management plan for the lifetime of the development unless otherwise agreed in writing by the Local Planning Authority.

 

Reason - To ensure appropriate landscaping of the communal areas is provided by the development.

 

22. No development shall commence until precise details of lighting and refuse storage/collection points have been submitted to and approved, in writing, by the Local Planning Authority.  Such lighting, refuse points and materials so approved shall be those used in the development.

 

Reason: To ensure a satisfactory development in relation to external appearance and in the interests of residential amenity.

 

23. All changes in ground levels in relation to the soft landscaping, 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 that the development provides a satisfactory setting, in the interests of the character and appearance of the landscape and the visual amenity of the site.

 

24. Each dedicated parking space shall be provided with an electric vehicle charging point. The charging point shall be provided prior to occupation of each such dwelling.

 

Reason: To enhance the sustainability of the proposed development.

 

25. No development shall commence until a foul water strategy has been submitted to and approved in writing by the local planning authority. No dwellings shall be occupied until the works have been carried out in accordance with the foul water strategy so approved.

                       

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

 

26. Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until conditions A to D have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until condition D has been complied with in relation to that contamination.

 

A. Site Characterisation

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority.  The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

                        

(i) a survey of the extent, scale and nature of contamination;

(ii) an assessment of the potential risks to: human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, groundwater's and surface waters, ecological systems, archaeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

            

B. Submission of Remediation Scheme

A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

                        

C. Implementation of Approved Remediation Scheme 

The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.  Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

                        

D. Reporting of Unexpected Contamination 

 In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition A, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition B, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition C.

                        

Reason - To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

27. The development shall be carried out in accordance with the Tree Survey and Tree Constraints Plan dated 11th November 2020 and the Tree Constraints Plan  201014/01 a, unless otherwise agreed in writing by the Local Planning Authority. 

            

Reason - To enable existing landscaping to be protected and retained in the interests of visual amenity.

 

28. Prior to the commencement of the development a Emergency Evacuation Plan (EEP) shall be submitted to and approved, in writing, by the Local Planning Authority. The approved details shall be incorporated into the development and retained thereafter. All residential dwellings within the development hereby approved shall be provided with a copy of the approved details.

Reason - Due to the siting of the residential development in close proximity to a major hazard site / major hazard pipeline, namely the Haltermann Carless Oil refinery. The plan is required to show how end users would evacuate the site during times of emergencies at the nearby oil refinery.

 29.      Prior to commencement of the proposed development, details of the provision for the storage of bicycles for each dwelling, shall be submitted to and approved in writing with the Local Planning Authority. The approved facility shall be secure, convenient, covered and provided prior to the first occupation of the proposed development hereby permitted and shall be maintained free from obstruction at all times for that sole purpose in perpetuity.

            

Reason - To promote the use of sustainable means of transport.

 

30. There shall be no use of Edward Street for any construction traffic whatsoever.

            

Reason - To ensure the continued safe passage of all highway users, in the interests of highway safety

 

31. The hereby permitted development shall not be occupied until a fibre optic broadband connection installed on an open access basis and directly accessed from the nearest British Telecom exchange, incorporating the use of resistant tubing, has been installed at the site, in accordance with details that shall be submitted and approved, in writing, by the Local Planning Authority. 

            

If the applicant is unable to achieve this standard of connection, and can evidence through consultation with British Telecom, that this would not be possible, practical or economically viable an alternative superfast (i.e. will provide speeds greater than 24mbps) wireless service will be considered acceptable.

            

Reason - To ensure the development is able to be equipped with high speed broadband

 

32.       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.

 

33.       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.