Agenda item

Variation of condition 20 of permission 10/00203/FUL to require the approval and installation of an operational lighting scheme before the commencement of operation of the site (rather than the commencement of development).

The Committee was reminded of the relevant background information to this application which had been previously reported in relation to report item A.1 above.

 

Members heard how the application now before them sought permission to vary one of the conditions (no. 20) on the 2013 planning permission for the Small Boat Harbour (10/00203/FUL). It was proposed that the wording be amended to change the timing of the condition. The original condition had required that the details of the operational lighting were submitted and approved prior to the commencement of the development.

 

The applicant had proposed that the wording be changed so that the details were submitted and approved, and the operational lighting installed, prior to each phase of the harbour becoming operational. There was a parallel application (21/01810/VOC) for permission to vary conditions attached to the 2013 Container Terminal permission.

 

The Committee was informed that Officers were satisfied that the variation proposed to the Small Boat Harbour permission was justified and acceptable though Members were reminded of the concerns and objections of Natural England as previously reported and recorded above in relation to report item A.1.

 

It was reported that, in the light of Natural England’s recent objection, which had not been withdrawn, Officers were reluctant to recommend the grant of permission but given the significance of the Container Terminal development, with which the Small Boat Harbour was inextricably linked, and the limited time in which to consider it, Officers believed it was appropriate to put the application before Members now.

 

If, ultimately the decision was taken to grant this application, the new planning permission would need to restate the previous planning conditions (save as varied by the Committee) which would control the development. However, bearing in mind that a number of other pre-development conditions on the 2013 planning permission were being sought to be discharged (or partially discharged), pursuant to applications 21/01624/DISCON and 21/01816/DISCON, to enable the first phase to go ahead on existing land i.e. without land reclamation/marine works taking place, in line with the PPG those were provisionally recommended to be amended to compliance conditions wherever possible.

 

The Committee was reminded that the work to update the planning conditions was on-going and it was therefore recommended that Members grant the Assistant Director of Planning authority to continue to update the remaining pre-commencement planning conditions as those were discharged by the Council through the discharge of conditions applications prior to the issuing of a new planning permission, pursuant to this application. There would also need to be appropriate planning obligations in place to ensure (amongst other things) delivery of the compensatory habitats at Little Oakley, and again the Assistant Director (Planning) would require authority to approve such supplemental or other legal agreement as was necessary to make the development acceptable, so that if Members resolved to grant planning permission there was an appropriate legal framework of obligations in place.

 

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 Manager (SC-E) in respect of the application.

 

An update sheet had been circulated to the Committee prior to the meeting including details of:-

 

1)     further consultation response received from Essex County Council’s Highways Department;

2)     the applicant’s response to Natural England’s consultation letter dated 4 February 2022 including supporting documents;

3)     further comments from the Council’s ecologist; and

4)     a further recommended planning condition requiring a breeding bird survey.

 

Following discussion by the Committee, it was moved by Councillor Harris, seconded by Councillor Fowler and:-

 

RESOLVED that, subject to compliance with regulation 64(5) of the Habitats Regulations (notification of the Secretary of State), the Assistant Director (Planning) (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to:-

 

(a)    the completion of a supplemental legal agreement under section 106 of the Town and Country Planning Act 1990 to secure the provision of appropriate compensatory habitats and other matters necessary to make the proposed development acceptable;

(b)    the conditions stated in section 11 of the committee report; the revision of pre-commencement conditions nos. 3, 5, 7, 9, 10, 11, 12, 13, 14, 16, 17, 25, 27, 29, 30, 32, 33, 34, 35, 36, 38, 39, 40, 48 & 49 to compliance conditions (only where details have been submitted to and approved in writing by the local planning authority pursuant to 21/01625/DISCON and 21/01817/DISCON); and the addition of a further condition to secure further bird surveys, a compensation Implementation and Management Plan, and an Adaptive Management Plan as set out above; and

(c)    that the Assistant Director (Planning) be authorised to refuse planning permission in the event that an appropriate legal agreement has not been completed by March 29^th 2022.

 

Conditions and Reasons

1)     The development shall be commenced on or before 29th March 2022.

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 to ensure consistency with the planning permission for the construction of the Bathside Bay Container Terminal and to allow sufficient time to implement highway mitigation and improvement measures therefore, other infrastructure improvements and the provision of compensatory habitat.

2)     The development hereby approved shall be implemented in accordance with the following plans, drawings and documents hereby approved:

 

H1002/01                         Application Boundary

H1002/02 Rev. B             Small Boat Harbour Master Plan

H1001/03                         Existing Topographic Survey

H1001/07                         Lighting Layout

H1001/08                         Fisherman’s Store Location Plan

H1001/09                         Fisherman’s Store General Arrangement

H1001/10                         Fisherman’s Store Sections and Elevations

H1001/11                         Fisherman’s Store East Elevation

H1001/12 Rev. A             Division Wall Sections

H1001/13                         Train Ferry Pier Termination Details

1514LO/50                       Landscape Proposals

1514LO/51                       Details of Quayside (Landscape)

1514LO/52                       Structural Landscape Works

1514LO/53                       Illustrative Planting Insets & Sections

Planning and Design Statement dated April 2003

Planning Statement dated October 2021

Environmental Statement dated 13 October 2021

 

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

3)     No part of the development hereby permitted shall be begun until a landscaping scheme including a programme in accordance with the indicative scheme shown in application drawings 1514LO/50, 1514LO/52 and 1514LO/53, including details of screen mounding and tree planting, has been submitted to and approved in writing by the Local Planning Authority. The scheme as so approved shall be implemented during the first planting season following completion of topsoil dressing works at the development site. Any tree or shrub dying or becoming seriously diseased within five years of planting shall be replaced by a specimen of the same or similar species in accordance with the approved scheme.

Reason - To ensure the establishment of a new landscape character in the interests of visual and residential amenity.

4)     The small boat harbour hereby permitted shall not be brought into use as such unless and until a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, has been submitted to and approved in writing by the Local Planning Authority. The landscape management plan shall be carried out as so approved.

Reason - To ensure the long term maintenance of the landscaping elements of the development.

5)     The development shall be carried out in accordance with the Planning and Design Statement dated April 2003 identified in Condition 2 above except insofar as otherwise provided for in any condition attached to this permission.

Reason - To ensure that the development is carried out in accordance with the design principles set out in the relevant documents.

6)     No phase of the development shall begin until details of the design and external appearance, including materials of the buildings, structures and areas of hardstanding to be constructed within the development, according with the Planning and Design Statement dated April 2003 and identified in Condition 2 have been submitted to and approved in writing by the local planning Authority. The development shall be carried out in accordance with the details as so approved.

Reason - To enable proper control to be exercised over the design and external appearance of the development in the interests of visual amenity.

7)     Except with the prior written agreement of the Local Planning Authority and Local Highway Authority, top soil comprised in the development is not to be undertaken using material from any source other than from the managed realignment site at Little Oakley and which shall not be delivered from the said site at Little Oakley other than by sea.

Reason - To ensure that beneficial use is made of available materials and to minimise HGV road traffic entering the site, in the interests of highway safety.

8)     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order amending, revoking and re-enacting that Order with or without modification), no development shall begin until a written scheme showing full details of fences, walls, gates or other means of enclosure has been submitted to and approved In writing by the Local Planning Authority. The development hereby permitted shall be carried out in accordance with the details as so approved.

 

Reason - In the interests of security and visual amenity.

9)     Development pursuant to this planning permission shall not begin until drawings showing both foul and surface water drainage (including the provision of all oil and diesel Interceptors) connected with the development have been submitted to and approved In writing by the Local Planning Authority and thereafter any works in relation to the development shall be undertaken in accordance with the drawings as so approved except as otherwise first agreed ln writing by the Local Planning Authority.

Reason - To prevent pollution.

10)   No part of the development (including ground works) hereby permitted shall commence until a programme of archaeological work to the site (including marine archaeology and any works which might be necessary and practicable to preserve any archaeological remains in situ) has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved programme.

Reason - To allow proper investigation and recording of the site, which is potentially of archaeological and historic significance.

11)   No part of the development hereby permitted shall be commenced until a written Construction Management Plan (CMP) together with a certificate that the same has been submitted in that form to National Highways and Natural England has been submitted to and approved in writing by the Local Planning Authority and Local Highway Authority. The CMP shall include details of the management during the construction phase of the development of the matters contained in Conditions 12 to 18 inclusive (construction noise and vibration), a Construction Traffic Management Plan in accordance with the Bathside Bay Construction Traffic Management Plan produced by ERM and dated 7th June 2004, Condition 19 (construction lighting) and Condition 21 (construction dust management) of this permission.

Furthermore, the CMP shall incorporate environmental measures to protect biodiversity, to 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.

i)       Containment, control and removal of any Invasive non-native species present on site

Reason - To ensure that the construction impacts of the development are kept within acceptable limits; and to conserve 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) as updated by the Environment Act 2021.

 

12)   No part or the development hereby permitted shall be commenced until details relating to the control of noise and vibration from the construction of the development have been submitted to and approved in writing by the local Planning Authority. These details shall include the following:-

 

(a)  definitions of roles and responsibilities;

(b)  the adoption of best practice for the specification and Procurement of quiet plant and equipment;

(c)   consultation and reporting processes for noise and vibration;

(d)  noise and vibration monitoring procedures including recording measures and the location of measuring instruments;

(e)  action to be taken in the event of non-compliance with (b) to (d) above;

(f)    a record of the occasions on which percussive piling operations take place;

(g)  complaint response procedures;

(h)  a requirement to provide environmental noise awareness training to operatives; and

(i)    construction methods for percussive piling designed to minimise the noise generated by such operations through practical methods such as shrouding or other appropriate alternative methods.

The development hereby permitted shall be carried out In accordance with the approved details.

Reason -To ensure that the noise and vibration impacts of the development are kept within acceptable limits.

13)  All plant, machinery and vehicles used on site in constructing the development shall be fitted with effective silencers at all times which shall be maintained in accordance with the manufacturers' recommendations and current British Standards applicable thereto. No such plant shall be left running when not being operated.

Reason -To ensure that the noise impacts of the development are kept within acceptable limits.

14)  Where any vehicle or plant is required to be fitted with a reverse warning system, such vehicles or plant shall not be used or installed prior to the approval of such a system in writing by the Local Planning Authority. In operating such vehicles or plant the approved system shall be used.

Reason -To ensure that the noise impacts of the development are kept within acceptable limits.

15)  No percussive piling operation for the development shall be carried out except in accordance with a programme for that phase which shall first have been approved in writing by the Local Planning Authority. The said programme shall provide that:

(i)    no percussive piling operations shall be undertaken in relation to the construction of the development during more than thirteen weekends in any six months; and

(ii)   except with the prior written approval of the Local Planning Authority no more than three hours of percussive piling of tubular piles for the main quay wall shall take place on any day.

Reason -To ensure that the noise impacts of the development are kept within acceptable limits.

16) Except with the prior written agreement of the Local Planning Authority, no percussive piling operations shall be undertaken in relation to the construction of any part of the development outside the hours of:

(a)  08:00 to 18:00 Monday to Friday; and

(b)  09:00 to 13:00 on Saturday;

or at any time on Sundays or Bank or Public Holidays, provided that percussive piling operations may be undertaken in relation to the construction of the development outside the permitted hours:

(i)    in the case of emergency, or

(ii)   where piling is required on the grounds of safety or environmental protection; and

(iii)  in either case the situation would otherwise be dangerous to life or limb.

The Local Planning Authority shall be promptly notified in writing of any event of this type and the reason why percussive piling took place outside the permitted hours.

Reason - To protect residential amenity during construction.

17) The noise from construction activities in relation to the development shall not exceed the following daytime free-field equivalent sound pressure levels, as measured at a height of 1.5 m above ground level at the nearest residential property to the development:

(a)  67 dB LAeq 12H and 85 dB LA1 5 mins (in relation to percussive piling operations) during the hours of 07:00 to 19:00 on Mondays to Fridays, excluding Bank Holidays;

(b)  55 dB LAeq 1hr during the hours of 19:00 to 23:00 on Mondays to Fridays, excluding Bank Holidays;

c) 67 dB LAeq 6hr and 85 dB LA1 5 mins (in relation to percussive piling operations) during the hours of 07:00 to 13:00 on Saturdays; and

(d) 50 dB LAeq 1hr at all other times.

Reason - To ensure that the noise impacts of the development are kept within acceptable limits and to protect residential amenity.

18)  Vibration levels from piling or other construction activities in relation to the development, as measured immediately adjacent to the nearest residential property or vibration sensitive structure for that phase shall not exceed a peak particle velocity of 5mm/s.

Reason - To protect residential amenity.

19)  No part of the development hereby permitted shall be begun until a written scheme of construction lighting has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of:

(a)  definitions of roles and responsibilities;

(b)  design including locations of the construction lighting;

(c)   Installation of the construction lighting;

(d)  management of the construction lighting; and

 

(e) construction lighting monitoring procedures and action to be taken in the event of non­compliance. The development hereby permitted shall be carried out in accordance with the approved scheme.

Reason - In the interests of visual amenity and ensure safety.

20)  No part of the hereby permitted development shall commence operation until a scheme relating to the provision and control of operational lighting on that part of the site has been installed in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority. The lighting scheme shall be carried out in accordance with the scheme so approved.

Reason - To minimise any possible glare or sky glow caused by the operational lighting for the development and to minimise the effect of the operational lighting on navigational aids or signs, public roads and local residential areas.

21)  No part of the development hereby permitted shall begin until a construction dust management plan has been submitted to and approved in writing by the Local Planning Authority. The construction dust management plan shall include details of:

(a)  definitions of roles and responsibilities;

(b)  the adoption of best practice for the specification of plant and equipment;

(c)   the consultation and reporting processes:

(d)  dust monitoring procedures;

(e)  action to be taken in the event of non-compliance; and

(f)    complaint response procedures.

The development hereby permitted shall be carried out in accordance with the approved plan.

Reason - To ensure that appropriate construction dust management measures are in place.

22) All vehicles used to transport materials to or from the site during construction shall be sheeted so as not to deposit materials on the highway.

Reason - To prevent deposits on the highway and the emission of dust in the interest of local amenity and highway safety.

23) No part of the development hereby permitted shall be commenced until written details of a wheel wash facility and its location have been submitted to and approved in writing by the Local Planning Authority and Local Highway Authority. The development hereby permitted shall be carried out so as to ensure that vehicles leaving the development site during construction first pass through the approved wheel wash facility.

Reason - To prevent the deposits of materials on the public road network.

24)  No part or the development hereby permitted shall be operated until a plan for the handling of materials and stockpiling of new construction materials on site (using physical containment, partial shielding where available and water misting/sprays where appropriate) has been submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall be carried out in accordance with the approved plan.

 

Reason - To prevent the migration of dust off the site.

25)  No part of the development hereby permitted shall be commenced until details of measures to mitigate gas migration and accumulation, in accordance with the recommendations contained in the Bathside Bay Development Project Landfill Gas Investigation Report Ref E6702/1991/OCT/L6, have been submitted to and approved In writing by the Local Planning Authority. The development hereby permitted shall be carried out in accordance with the approved details.

26) No part of the development hereby permitted shall be commenced until a scheme for concrete pouring and filling works has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include the following:

(a)  monitoring procedures; and

(b)  remedial action works to be undertaken in the event of spillage.

The development hereby permitted shall be carried out in accordance with the scheme as so approved.

Reason - To minimise risk of accidental pollution of watercourses during construction works.

27)  No part of the development hereby permitted shall be commenced until a scheme for pollution control has been submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall be carried out and operated in accordance with the scheme as so approved.

Reason - To prevent the migration of pollutants from the site to adjoining land and for public safety.

28) No site clearance for the development hereby permitted shall be commenced until a scheme for the translocation of reptiles, invertebrates and coastal vegetation within the site has been submitted to and approved by the Local Planning Authority. The scheme shall include the following:

(a)    exclusion fencing to be erected around the site;

(b)    tinning to be carried out over a minimum of 60, 70 or 90 suitable days for a low, medium or high population level respectively, between the months of March and September;

(c)    relocation of the reptiles found to areas of suitable habitat outside the exclusion fencing.

The development hereby permitted shall be carried out and operated in accordance with the scheme as so approved.

Reason - To avoid harm to reptiles, invertebrates and coastal vegetation.

29)  Development shall not begin until details of the means of vehicular access to the site from the A120 have been submitted to and approved in writing by the Local Planning Authority and the Local Highway Authority. The development shall not be operated until the vehicular access has been constructed in accordance with the approved details and opened to traffic.

 

Reason - In order that the A120 Trunk Road continues to serve its purpose as part of the national strategic road network and to satisfy the reasonable requirements of road safety on the A120 and connecting roads.

30)  Development pursuant to this planning permission shall not begin until a scheme of provision to be made for disabled people to gain access to public areas forming part of the development shall have been submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be implemented before the development hereby permitted is brought into use.

Reason - To ensure disabled persons access to buildings on the site.

31) Except with the agreement of the Local Planning Authority, no dredging operations shall be undertaken in relation to the construction of the development outside the hours of:

(a)  07:00 hours to 19:00 hours Monday to Fridays;

(b)  07:00 hours to 13:00 hours Saturdays;

or at any time on Sundays or on Bank or Public Holidays.

Reason - To ensure that the noise impacts of the development are kept within acceptable limits and to protect residential amenity.

32)  Before the development is begun written details of the layout, construction and surfacing of the internal roadways and hardstanding for cars comprised in the development shall be submitted to and approved in writing by the local Planning Authority and Local Highway Authority. The development shall be implemented in accordance with the details so approved and retained thereafter.

Reason - To ensure a safe layout and a satisfactory standard of construction for internal roadways.

33) No part of Phase 2 of the development shown on drawing no. H1001/19/Rev B shall commence until:

(5)   additional evidence to confirm the usage of Bathside Bay and the Little Oakley managed realignment site by waterbirds over the non-breeding season in the context of the Stour and Orwell Estuaries SPA and the Hamford Water SPA, respectively,  has been gathered from:

(a) existing available data; and/or

(b) pre-construction surveys carried out in accordance with details agreed in writing by the Local Planning Authority in consultation with Natural England; and

(6)   a further breeding bird survey of Bathside Bay and the Little Oakley managed realignment site has been carried out in accordance with details agreed in writing by the Local Planning Authority in consultation with Natural England; and

(7)   a report confirming whether the additional data and/or surveys indicate that;

(c)   any further or different compensatory measures; and/or

(d)   further monitoring of the effectiveness of compensatory measures,

are needed to ensure that the overall coherence of the national site network of SACs and SPAs is protected has been submitted to and approved in writing by the Local Planning Authority in consultation with Natural England; and

(8)   if the report submitted in accordance with sub-paragraph (3) indicates that any further or different compensatory measures and/or further monitoring are needed to ensure that the overall coherence of the national site network of SACs and SPAs is protected, such measures:

(a)   are reflected in a Compensation Implementation and Management Plan and an Adaptive Management Plan that have been submitted to and approved in writing by the Local Planning Authority, in consultation with Natural England; and

(b)   have been secured by an appropriate planning obligation under section 106 of the Town and Country Planning Act 1990.  

Reason: To confirm that sufficient compensatory measures have been secured to ensure that the overall coherence of the national site network of SACs and SPAs is protected.