Agenda item

This application is before Members as Tendring District Council is the land owner.

The proposal involves the formation of a number of ponds within the John Weston Nature Reserve in order to provide additional feeding opportunities for waders and increase the biodiversity of the overall site. The nature reserve forms part of ‘Hamford Water’.

This application was before Members as Tendring District Council was the land owner.

Members were made aware that the proposal involved the formation of a number of ponds within the John Weston Nature Reserve in order to provide additional feeding opportunities for waders and to increase the biodiversity of the overall site. The nature reserve formed part of ‘Hamford Water’.

The proposal was considered by Officers to be acceptable and there had been no objections received from Essex County Council’s Archaeology or Ecology departments or from Natural England, subject to their recommended conditions to ensure that biodiversity mitigation and enhancement measures were secured.

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.

Following discussion by the Committee, it was moved by Councillor Alexander, seconded by Councillor Placey 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.

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 drawings: 2008/00 Site Layout Plan 2008/02A Proposed Elevations and Floor Plans

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

3. Prior to commencement of the development hereby approved, a construction environmental management plan for biodiversity (CEMP: Biodiversity) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP (Biodiversity) shall include the following:

a) Risk assessment of potentially damaging construction activities.

b) Identification of “biodiversity protection zones”.

c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).

d) The location and timing of sensitive works to avoid harm to biodiversity features.

e) The times during construction when specialist ecologists need to be present on site to oversee works.

f) Responsible persons and lines of communication.

g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

h) Use of protective fences, exclusion barriers and warning signs.

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

Reason: To conserve protected and priority species and allow the Local Planning Authority 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).

4.    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 written scheme of investigation defined 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). 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 allow proper investigation and recording of the site which is potentially of archaeological and historic significance.