Agenda item

This application seeks approved of the Reserved Matters associated with the granting of planning permission 19/00917/OUT for the construction of 31 dwellings and 10 almshouse type bungalows for older persons and associated open space.

 

Members of the Planning Committee resolved to approve the outline planning permission at the Planning Committee meeting held on 19 May 2020 and requested that the ‘Reserved Matters’ application is referred back to the Committee.

Earlier on in the meeting, Councillor Fowler had declared a Personal Interest in this application insofar as she was both a resident of Mayes Lane and pre-determined. She therefore withdrew from the meeting whilst the Committee considered and made its decision on this application.

 

It was reported that this application sought approval of the Reserved Matters associated with the granting of planning permission 19/00917/OUT for the construction of 31 dwellings and 10 almshouse type bungalows for older persons and associated open space.

 

Members  had previously resolved to approve the outline planning permission at the Planning Committee’s meeting held on 19 May 2020 and had requested that the ‘Reserved Matters’ application  be brought before the Committee.

 

As established through the granting of outline planning permission (19/00917/OUT) the principle of residential development for up to 41 dwellings (including 10 almshouses) on this site was acceptable.

 

The detailed design, layout and landscaping were considered by Officers to be acceptable. The proposal would result in no material harm to residential amenity or highway safety and was considered acceptable in urban design terms.

 

The various details and technical reports submitted to meet the requirements of certain conditions placed on the outline permission (as outlined within the application description) had been reviewed by consultees and were acceptable in the opinion of the Officers.

 

The application was therefore recommended for approval by Officers subject to the conditions outlined at section 8.2 of the Officer report.

 

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.

 

An update sheet had been circulated to the Committee prior to the meeting stating that  following the publication of the committee report, it  had been brought to the officer’s attention that contaminated land reports and information previously submitted to the LPA by the Applicant had, due to staff turnover, not been made available to Environmental Protection (EP) colleagues to review. 

 

Environmental Protection (EP) had provided updated comments which included the following:

 

“As per the Groundsure report, dated 21st April 2021; conclusions of the risk assessment indicated there was a LOW/MODERATE risk associated with the site; Given the references made to PAH’s found on the adjoining site, the aforementioned conclusions of the Groundsure report, and in accordance with our standard guidelines, we would request further investigations be undertaken.  Consideration have been given to the attached letter and the request for a Watching Brief to be imposed, however given the historical contamination with the locality and the conclusion of the Groundsure report, we are requesting further assessment be undertaken.

 

Therefore, the EP team requested the following be conditioned on any associated approval or request prior to determination:

 

Contaminated Land: In light of the conclusion highlighted in the Groundsure report and in line with our previous comments in April 2021, the EP Team requested a further assessment be performed (Phase Two, Intrusive site investigation),  to confirm the presence / absence of contaminates on the site, the relevant risk associated with any presence, and any relevant remediation strategies.  Results of which should be submitted for approval to the LPA.

 

Asbestos:  An asbestos survey should be carried out prior to any construction works, by a suitably qualified person.  A copy of this survey shall be submitted to the LPA and ensure that any asbestos containing materials must be safely removed by a qualified contractor.

 

REASON: to protect the health of site workers and end users.

 

TDC Officer Comment: All buildings and structures on site have already been cleared  on site and such work is controlled under the Construction Design Management 9CDM) regs 2015, and this included matters to do with asbestos handling, as such the asbestos condition was not considered to be necessary.”

 

As a result of this it was recommended by Officers that proposed condition 11 be replaced with a revised condition 11, plus a requirement to include a watching brief to be adhered to throughout the construction phase.

 

In addition, to form part of the ‘watching brief’, the Developer also had been made aware of the minimum requirements for dealing with unexpected ground conditions encountered during construction.

 

A late objection letter had also been received with the officer’s response thereto included on the aforementioned update sheet.

 

In addition, a further two conditions  were also recommended by Officers in order to secure electric vehicle charging points for the new dwellings and scheme detailing how a minimum of 20% of the energy needs generated by the development can be achieved through renewable energy sources.

 

Adam Jackson, the agent on behalf of the applicant, spoke in support of the application.

 

Matters raised by Members of the Committee:-	Officer’s response thereto:-
A Member of the Committee asked what almshouses were.	The Planning Officer confirmed that the almshouses element was defined in the  Section 106 agreement that  was attached to the outline approval. In summary, it was housing accommodation for occupancy of those aged 65+ years. They would be given to an almshouse provider.
Would the properties have disabled access?	The Planning Officer confirmed that 5% would be available to wheelchair users.

 

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

 

Conditions and Reasons:

 

1. The development hereby permitted shall be carried out in accordance with the following approved Drawing Nos:

 

IA20/168/1110-P1 – Drainage Details

IA20/168/1010-P1 – Drainage Details 1

IA20/168/1000-P1 – Drainage Layout

IA20/168/1011-P2 – Drainage Details 2

0825_A_SC_01A – Construction/Phasing Plan

0825_A_SC_17B – Tenure Plan

0825_A_SC_14B – Phasing Plan

0825_A_SC_10C

0825_A_SC_9C

0825_A_SC_8C

0825_A_SC_7C

0825_A_SC_6C

0825_A_SC_5C

0825_A_SC_4C

0825_A_SC_3C

0825_A_SC_2C

0825_A_SC_21

0825_A_SC_19A

0825_A_SC_16C

0825_A_SC_15C

0825_A_SC_13C

0825_A_SC_07F

0825_A_SC_01E

0825 – Accommodation Schedule

IA20/168/1140/P4 - Amended Mayes Lane Section 278 Works 

IA20/168/1130 P3 - Amended Ramsey Road Section 278 Works

IA20/168/1122 P2 - Amended Adoptable Highway Long Sections 

IA20/168/1121 P3 - Amended Adoptable Highway Contours Plan

IA20/168/1120 P3 - Amended Adoptable Highway Setting Out 

IA20/168/1100 P3 - Amended Externals Layout

254_404 P04 - Amended Planting Plan – West

254_402 P03 - Amended Planting Plan - South  

254_400 P03 - Amended Structure Planting Plan 

254_401 P03 - Amended Planting Plan - North 

North Essex Homes – Construction Method Statement

Written Scheme of Investigation (June 2021 as prepared by L-P : Archaeology)

Aboricultural Report – (as prepared by greenlight environmental consultancy)

0825_A_SC_20 – Tree Protection Plan

254_D_001 Landscape Management Plan

 

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

 

2. All changes in ground levels, hard landscaping, planting, seeding or turfing shown the approved landscaping details drawing no’s; 254_404 P04 - Amended Planting Plan – West,         254_402 P03 - Amended Planting Plan – South, 254_400 P03 - Amended Structure Planting Plan and 254_401 P03 - Amended Planting Plan – North 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 implementation of the approved scheme and adequate    maintenance of the landscaping for a period of five years in the interests of amenity.

 

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 Numbers:

                                                                                                               

            - IA20/168/1100 Rev. P3   Externals Layout.

            - IA20/168/1120 Rev. P3   Adoptable Highway setting out

            - IA20/168/1130 Rev. P3   Ramsey Road - section 278 works

            - IA20/168/1140 Rev. P4   Mayes Lane - section 278 works

            - Construction Method Statement.

 

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 all 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. Any 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.

 

6. The development shall not be occupied until such time as the associated car parking and turning areas have been provided and made available for use in accord with the approved plans. 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.

 

7. 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.

 

8. No development shall be commenced until precise details of the manufacturer and types and colours of the external facing and roofing materials to be used in construction have been submitted to and agreed, in writing, by the Local Planning Authority.  Such materials as may be agreed shall be those used in the development.

 

Reason - To ensure that materials of an acceptable quality appropriate to the area are used and insufficient information has been submitted in this regard.

 

9. The tree protection measures outlined on drawing no. 0825_A_SC_20 shall be adhered to throughout the construction phase.

 

Reason - To ensure the retention of the mature trees/hedges located within the application site in the interests of amenity.

 

10. Notwithstanding the provisions of Article 3, Schedule 2, Part 1, Classes A, B and E of the Town and Country Planning (General Permitted Development) Order 2016 (or any Order        revoking and re-enacting that Order with or without modification), no enlargement, improvement or other alteration to the dwelling and no outbuildings shall be erected or         carried out except in accordance with drawings showing the siting and design of such             enlargement, improvement or other alteration which shall previously have been submitted to and approved, in writing, by the Local Planning Authority.

 

Reason - In the interest of amenities of the occupants of the neighbouring and proposed properties.

 

11. No development hereby permitted shall commence until the specific requirements of paragraphs numbered 1 to 3 below have been satisfied.  If unexpected contamination is found after development has commenced, no further development shall be carried out on that part of the site affected by the unexpected contamination until the requirements of paragraph 4 have been complied with in relation to such contamination.

 

1.         Site Characterisation - An investigation and risk assessment, in addition to any assessment provided within the planning application, shall be carried out in accordance with a scheme to assess the nature and extent of any contamination of the site.  The investigation and risk assessment shall be undertaken by a competent person and a written report of the findings          shall be submitted to and approved in writing by the Local Planning Authority.  The report       shall 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, ground waters and surface waters, ecological systems,                    archaeological sites and ancient monuments; and

 

            (iii)       an appraisal of options for remediation and a proposal with preferred option(s). This                     appraisal shall be conducted in accordance with the Environment Agency Model               Procedures for the Management of Land Contamination (CLR 11).

 

2.         Submission of Remediation Scheme - A detailed Remediation Scheme to ensure that the site is suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment shall be submitted           to and approved in writing by the Local Planning Authority. The scheme shall include all works of remediation to be undertaken, remediation objectives and criteria, timetable of works and related site management procedures. The scheme shall ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the use of the land after remediation.

 

3.         Implementation of Approved Remediation Scheme - The Remediation Scheme required under paragraph 2 above shall be carried out in accordance with its terms prior to the     commencement of any works of construction on site unless otherwise agreed in writing by             the Local Planning Authority. The Local Planning Authority shall be notified in writing a minimum of two weeks prior to commencement of the remediation scheme works of the date that the remediation works will commence.  Following completion of the measures identified in such approved Remediation Scheme, a verification report to demonstrate the effectiveness of the remediation carried out shall be submitted to the Local Planning Authority. 

 

4.         Reporting of Unexpected Contamination - In the event that contamination is found which was not previously identified, it shall be reported in writing immediately to the Local Planning Authority.  An investigation and risk assessment shall then be undertaken in accordance with the requirements of paragraph 1 above and, where remediation is necessary, a new Remediation Scheme shall be prepared in accordance with the requirements of paragraph 2 above and submitted to and approved in writing by the Local Planning Authority.  Following completion of all necessary measures identified in such Remediation Scheme as may be approved, a verification report shall be submitted to and           approved in writing by the Local Planning Authority in accordance with paragraph 3 above.  In such circumstances, no further works of development shall be carried out to that part of the site until such time as the requirements of this paragraph have been satisfied.

 

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