Agenda item

The application has been referred to the Planning Committee as the development is proposed by Tendring District Council on a section of coastline that is owned by Tendring District Council. The site is located outside the Development Boundary within both the adopted Tendring District Local Plan 2007 and the emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft 2017.

Members were informed that this application had been referred to the Planning Committee as the development had been proposed by Tendring District Council itself for a section of coastline that was owned by the Council. The site was located outside the Development Boundary within both the adopted Tendring District Local Plan 2007 and the emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft 2017.

 

It was reported that the application site was located north of Walton-on-the-Naze at the Naze Peninsular at the point the land and sea met.  The proposed works would take place between the current extents of the formal flood wall at the northern extent of the Naze Peninsular.

 

The Committee was informed that the application sought full planning permission for the installation of temporary measures such as sand filled bags as groynes, gabions to cliff face, and clay fill to the earth embankment in order to slow down/prevent coastal erosion in the area. By protecting the sea wall from further damage, the proposals would also protect the surrounding farmland and Anglian Water sewage treatment works that served the surrounding population and other assets such as Hamford Saltmarshes, which included part of the SPA and Ramsar site.

 

Officers felt that the proposed development, subject to the suggested conditions, would be of a scale and form appropriate for the intended use. The impact on biodiversity had been closely assessed and deemed acceptable. The proposed development would not result in any significant material loss of residential amenities. The works were expected to be completed in 8 weeks from start to finish. The application was, therefore recommended by Officers for approval subject to conditions.

 

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.

 

Following discussion by the Committee, it was moved by Councillor Bray, 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 the following:-

 

Conditions and Reasons:

 

1.         The development hereby permitted shall be begun before the expiration of three years from the date of this permission. The proposed works shall take place between the months of September and March only.

                       

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. In the interest of residential amenity.

 

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

 

De01/03/21/100          Proposed plans and sections

De01/03/21/101          Existing plans and sections

Tdc01/03/19/104 a      Location 2 - proposed plans and sections     

Tdc01/03/19/107         Block plan

Tdc01/03/19/100 a      Location 4 access works

Tdc01/03/19/105 a      Location 3 - existing plans and sections

Tdc01/03/19/103 a      Location 2 - existing plans and sections

Tdc01/03/19/106 a      Location 3 - proposed plans and sections

Ecologic 250 unit information (including plans) received 12 October 2021

Location plan received 16^th August 2021

 

Habitat regulations assessment, Ecology Link 2021

Outline construction Environmental method plan, Hestur Limited, August 2021

Outline construction management plan, Hestur Limited, received 13^th October 2021

Ecological method statement, Ecology Link, received 16^th August 2021

Pre-habitat regulations assessment, Ecology Link, August 2020

 

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

           

3.         The public's rights and ease of passage over public footpath no.39 (Frinton and Walton_164) shall be maintained free and unobstructed at all times.

 

Reason: To ensure the continued safe passage of the public on the definitive right of way and accessibility.

           

4.         No works shall take place until temporary signage is put in place either side of public footpath no.39 at the proposed crossing point to warn walkers and drivers that construction traffic and/or walkers will be crossing at this point.

           

Reason: To ensure the continued safe passage of pedestrians on the public right of way and accessibility.

           

5.         All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Outline Construction Environmental Management Plan (CEMP) (Ecologylink, undated) and Ecological Method Statement for reptiles (Ecologylink, undated), already submitted with the planning application and agreed in principle with the local planning authority prior to determination.

           

This will 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).

           

6.         Within Three Months of Consent, 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).

 

7.         No external lighting shall be permitted unless agreed in advance with the Local planning authority.

 

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).

 

8.         This permission gives the approval for the Soiltian bags at location 2 to be filled with sand only.

 

Reason: In the interests of good planning and to allow for a fuller assessment of more permanent sea defence features in this location.

 

9.         Prior to the commencement of the works the applicant should provide a detailed scheme to show that the prosed works will not impact on the integrity of the existing flood defence. This must demonstrate that a weakening of the defence does not occur.

 

Reason: To protect the existing flood defences and ensure that the existing level of flood protection is maintained

 

10.       Within 3 months of the date of commencement, unless otherwise agreed in writing by the Local Planning Authority. All the plant, machinery, temporary portacabin, security fencing and any excess debris from the development, shall be removed from the site /s and the land restored to its previous natural state.

 

Reason: In the interests of visual amenity