Agenda item

The application has been called in by Councillor I Henderson.

The proposal is for the construction of a new part two/part three storey building to provide 8 units of residential accommodation and 1 additional commercial unit (ground floor commercial unit as well as the existing shopfront to be retained). The site is located within the settlement development boundary of Harwich and Dovercourt and the Dovercourt Conservation Area.

The Committee was aware that this application had been called in by Councillor Ivan Henderson.

It was reported that this proposal was for the construction of a new part two/part three storey building in order to provide 8 units of residential accommodation and 1 additional commercial unit (ground floor commercial unit as well as the existing shopfront to be retained). The site was located within the settlement development boundary of Harwich and Dovercourt and the Dovercourt Conservation Area.

Members were informed that the proposed scheme had been amended in line with extensive consultation with Essex County Council’s (ECC) Place Services Heritage Officers and was considered by Officers to be of a size, scale and design in keeping with the Conservation Area.  Subject to conditions and mitigation measures Officers had no concerns regarding the impact on the environment, neighbouring residential properties, the recently approved car park, area and the proposal was by them to be acceptable in regards to Highways and Parking impacts.

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.

Councillor Ivan Henderson, the local Ward Member who had “called–in” the application, spoke against the application.

Following discussion by the Committee, it was moved by Councillor Harris, seconded by Councillor Baker and 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 with the following matters (where relevant):

·         Financial Contribution towards RAMS

·         Open Space

·         Highway Contribution towards residents parking

(b)  the following planning conditions (and reasons):-

1. The developmentherebypermittedshall bebegunbeforethe expirationofthreeyearsfrom the date of this permission.

Reason:To comply with the requirements of Section 91 ofthe Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

1.    Thedevelopmentherebypermittedshall be carriedout instrictaccordance withthe following approved plans and reports:

Drawing No: P-001 Rev F– Proposed Floor Plans

Drawing No: P-002 Rev D  – Roof Plan

Drawing No: P-003 Rev E  – Proposed Elevations

Drawing No: P-004 Rev E  – Proposed site relationship Bay Road

Drawing No: P-005 Rev A  – Proposed Site Plan

Drawing No: SK-001 Rev A  – Proposed perspective

2.    Priortothecommencementofdevelopment,aDemolitionand ConstructionManagement Plan, including method statements shall besubmitted to, and approved in writing by, the Local Planning Authority.The approved plan and method statements shall be adhered to throughout the construction period. The Plan shall provide for:

·theparkingof vehicles of site operatives and visitors,

·loading and unloading of plant and materials,

·storage of plant and materials used in constructing the development,

·wheel and underbody washing facilities.

·The following noise control measures:

-Theuseofbarrierstomitigatethe impactofnoisy operationswillbe

usedwhere possible.This may includethe retention of part(s) of the original buildings during the demolition process to act in this capacity.

-Theselectionanduseofmachinerytooperateonsite,and working practicesto beadopted will,as aminimum requirement,be compliant

with the standards laid out in British Standard 5228.

- Mobile plant to be resident on site during extended works shall be fitted

with non-audible reversing alarms (subject to HSE agreement).

- If there is a requirement to work outside of the recommended hours the applicantorcontractormust submita requestin writingforapproval by Pollutionand EnvironmentalControlprior tothecommencementof

works.

·The following emission control measures:

- All wastearisingfromthe demolitionprocess, groundclearanceand

constructionprocessesto berecycledorremovedfromthesitesubject

toagreement with theLocal Planning Authority and other relevant agencies.

-Nomaterialsproducedasaresult ofthesitedevelopmentorclearance

shall be burned on site.

- All reasonable steps, including damping down site roads, shall be taken to minimisedustandlitteremissionsfromthesitewhilstworksof

construction and demolition are in progress.

- All bulk carrying vehicles accessing the site shall be suitably sheeted to

prevent nuisance from dust in transit.

Reason:To ensure thaton-street parking of these vehicles in the adjoining streets does not occur and to ensure thatloose materials and spoil are not brought out onto the highway in the interests of highway safety

4.Prior tothecommencementofdevelopmentaschemeofarchaeologicalbuilding recordingat least commensuratewitha'Level2Record'as outlinedin HistoricEngland guidance understanding Historic Buildings -  A Guide toGood Recording Practice must be undertaken and submitted to the Local Planning Authority.

Reason: To maintain arecord of this historic building within the Conservation Area.

5.Priorto thecommencement ofabove groundworks samplesof allexternal materialsto be usedinthe development,includingbutnotlimitedtobrick (andpointing),render(including

 colour), presented on 1mx1m boards along withfull details of windows, doors, balconies, rainwater goods and any other externalfixtures must be submitted to and agreed by the Local Planning Authority.  The approved materials only are to be used in the development.

No developmentshall be commenced until a schedule of externalfinish materials including hard surfacetreatments, rooftiles, brick and brickmasonry bond shall be submitted to and agreed, inwriting, by the Local Planning Authority.  Suchmaterials as may be agreed shall be those usedin thedevelopmentand permanently maintained as such.

Reason - To ensurematerials are of a very high quality to respect the Conservation Area

6.Prior to thecommencement ofany aboveground works,detailed drawingsshowing the finish of thefrontandsideeavesdetailandtheshopfrontalterationsmustbesubmittedtoand approvedbytheLocal PlanningAuthority.  All worksmustbe carriedout asper the approved details.

Reason: Tomaintain the integrity of the original building within the Conservation Area

7.Prior tothe commencementofanypiling workswhich maybe necessary,a fullmethod statement shall be agreed in writing with the Planning Authority (in consultation with Pollution andEnvironmental Control).This will contain arationale for the pilingmethod chosen and details of the techniques to be employed which minimise noise and vibration to nearby residents.

Reason: In the interests of residential amenity

8.Priortotheoccupationofthecommercialunits herebyapproved,noextraction,air conditioningorrefrigerationequipmentshallbe installed,unless expressplanning permission hasbeen obtained.  Any equipment approved shall be satisfactorily installed and maintained in the approved form and operational manner thereafter.

Reason - In the interest of neighbouring residential amenity.

9. The commercial uses hereby permitted shall be limited to Class E use (ground floor only) and Class E and Beauty Salon use (Sui Generis use- first floor only) as defined in The Town and CountryPlanning (UseClasses) (Amendment)(England)Regulations2020 (orany Order

revokingand re-enactingthatOrder with or without modification) and the commercial units shall operate between the hours of 07:00 and 22:00 Monday to Friday, 08:00 and 22:00 on Saturdaysand 9:00 and18:00 on Sundays and Bank Holidays.

Reason - To ensure that the use is appropriate within this mixed commercial and residential location, in the interests of residential amenity

10.Prior to firstoccupation of the residentialunits herebyapproved, theCycle parkingand locker areamustbe providedasindicated onDrawingNo. P-001F.  Theapproved facilityshall be retained in perpetuity.

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

11. Prior tofirstoccupationoftheresidentialunitsherebyapproved,the Developershall be responsible forthe provisionand implementationofaResidential TravelInformationPack per dwelling,for sustainabletransport, approved by Essex County Council, to include six one day travelvouchers for use with the relevant local publictransport operator free of charge.

Reason: Dueto the lack of parking provision at the site this would promote sustainable development and alternative transport options in the area

12. No vehicle connected with the development hereby approved shallarrive on site before 07:30 or leaveafter19:00(exceptin thecaseofemergency).Workinghours tobe restricted between 08:00 and18:00 Mondays to Saturdays (finishing at 13:00 on Saturdays) with no working of any kind permitted on Sundays or any Public/Bank Holiday whilst construction works and alterations are being carried out.

Reason:  To protect the amenity of nearby residential premises and to protectthe health of nearby residents and site workers

13. Priortoorduringconstruction, ifanyunexpectedgroundconditions areencounteredduring the following processes must be followed:

a. All siteworksatthepositionofthe suspectedcontaminationwillstop andthe Local PlanningAuthorityand EnvironmentalHealth Departmentwillbe notifiedas amatter of urgency.

b. A suitablytrained geo-environmentalengineershouldassess thevisualand olfactory observationsofthegroundandtheextentofcontaminationandtheClientand the LocalAuthorityshould be informed of the discovery.

c. The suspectedcontaminatedmaterialwillbe investigatedand testedappropriatelyin accordance with assessed risks.  The investigation works will be carried out in the presence of asuitablyqualifiedgeo-environmental engineer.  The investigation works will involve the collection of solid samples fortesting and, using visual and olfactory observations of theground, delineate the area over which contaminatedmaterials are present.

d. The unexpectedcontaminatedmaterialwill eitherbe leftin situorbe stockpiled (exceptifsuspectedtobeasbestos)whilsttesting iscarriedout andsuitable assessments completedto determinewhether thematerial canbe re-usedon siteor requires disposal as appropriate.

e.The testingsuite willbe determinedby theindependent geo-environmentalspecialist based on visual and olfactory observations.

f.Testresultswillbe comparedagainstcurrentassessmentcriteriasuitablefor the future use of the area of the site affected.

g.Wherethematerialisleftinsituawaitingresults, itwilleither bereburiedorcovered with plastic sheeting.

h. Wherethepotentiallycontaminatedmaterialisto betemporarilystockpiled,itwill be placedeither onapreparedsurfaceofclay,oron 2000-gaugeVisqueensheeting (or otherimpermeable surface) and covered to prevent dust and odour emissions.

i.Anyareas whereunexpectedvisualor olfactoryground contaminationis identifiedwill be surveyed andtestingresults incorporated intoa Verification Report.

j. A photographic record will be made of relevant observations.

k. The resultsoftheinvestigationandtestingofanysuspectunexpectedcontamination will be used to determine the relevant actions.  After consultation with the Local Authority, materials should either be: o re-used in areas where test results indicate that itmeets compliancetargets so it can be re-used without treatment; or o treatment of material on site to meetcompliance targets so it can bere-used; or o removal from site to asuitably licensed landfill or permitted treatment facility.

l. A Verification Report will be produced for the work.

Reason - to protect the health of site workers and end users

14. An asbestossurveyshould becarriedoutpriorto theconstructionworks.Anyasbestos containing materials must be safely removed by a qualified contractor.

Reason: to protect the health of site workers and end users

15. No external lighting shall be installed at the site unless express planning permission has been obtained.

Reason: to protect theamenity of nearby residential dwellings.

16. In addition, no development shall be commenced until a Renewable Energy Generation Plan (REGP) has first been submitted to and approved in writing by the Local Planning Authority. The REGP shall provide for electric bicycle charging points for each unit hereby approved including all other measures that will be incorporated into the design, layout and construction, aimed at maximising energy efficiency and the use of renewable energy. Thereafter, the development shall comply with the REGP and the approved measures implemented prior to first occupation.

Reason: In order to ensure that the development contributes towards reducing carbon emissions in addressing climate change, in accordance with Policy PPL10 and SPL3.

 (c)  the Assistant Director  (Planning) be authorised to refuse planning permission in the event that such legal agreement has not been completed within the period of 6 (six) months, as the requirements necessary to make the development acceptable in planning terms had not been secured through a s106 planning obligation.

The Chairman, at this time, requested approval from members of the Committee to continue the meeting passed the allowed period of 3 hours, as required by Council Procedure Rule 35.1. It was moved by Councillor Alexander, seconded by Councillor Clifton and RESOLVED that the Committee continue its deliberations.