Agenda item

Outline application (all matters reserved except means of access) for the redevelopment (including demolition) of the site for up to 950 residential units (including affordable housing) with a new Neighbourhood Centre comprising a local healthcare facility of up to 1500sqm NIA and up to 700sqm GFA for use classes A1 (shops), A3 (food and drink) and/or D1 (community centre); a 2.1ha site for a new primary school; and associated roads, open space, drainage, landscaping and other associated infrastructure.

There were no declarations of interest for this application.

 

The Committee was reminded that the application site known as ‘Rouses Farm’ comprised 42 hectares of predominantly agricultural land on the western side of Clacton on Sea and north of Jaywick. This land  had been allocated for a major residential and mixed-use development in the Council’s adopted Local Plan and outline planning permission was now being sought for up to 950 residential units; a new Neighbourhood Centre comprising a local healthcare facility and units for shops, food and drink and/or a community centre; a 2.1ha site for a new primary school; and associated roads, open space, drainage, landscaping and other associated infrastructure.

 

Members were  aware that the site  had been allocated through Adopted Local Plan Policy SAMU4 for a mix of residential development of use to 950 new homes; community facilities including a new two-form entry primary school and public open space. The proposal, the subject of the outline application,  had been aligned with that allocation description. Officers had worked positively with the applicants to resolve all technical planning issues with a view to bringing the application to this  meeting with a recommendation of approval.

 

It was therefore reported that this was an application for outline planning permission with all matters reserved with the exception of access. Other matters  such as appearance, landscaping, layout and scale were reserved for approval at a later date and therefore this application sought only to establish the principle of residential and mixed-use development of this allocated site, and the arrangements for access. The applicant had provided details of how they proposed to access the site off St. John’s Road and Jaywick Lane and the Highway Authority, having modelled the impacts of this development on the highway network as part of the Local Plan process, had had no objections, in principle, to the proposed arrangements, subject to conditions requiring the approval of further details and certain off-site highway improvements.

 

The Committee  was reminded that  permission for the proposed development  had previously been given at  its meeting held in May 2018, subject to within 6 months of  that resolution that a Section 106 agreement had been signed. However, this agreement had taken significantly longer than anticipated, primarily due to the complexity of resolving a number of legal matters with the various landowners.

 

In addition to the above, the Outline Permission had required the use of third party land to provide Off-Site Bird Mitigation , which had also required agreement with landowners and a licence before the Section 106 Agreement could be agreed.

 

It was noted that the Section 106 Agreement was now ready for signature. However, given the length of time that had elapsed  since the original Planning Committee resolution and following legal advice, it  had been necessary for the application to revert back to Members for consideration and a fresh decision.  The Officer report now before the Committee  highlighted those areas where there had been a shift in the policy landscape since May 2018 which warranted the re-assessment of the relevant material planning consideration where indicated.

 

Members were made aware that, due to the large scale and potential impacts of the development, planning regulations had required the preparation of an Environmental Statement. The applicant’s Environmental Statement contained a thorough assessment of the following matters: landscape & visual; ecology and nature conservation; archaeology and cultural heritage; transport & access; air quality; noise & vibration; soils and agriculture; hydrology, flood risk & drainage; ground conditions and contamination; and socio-economics. The Environmental Statement had concluded that no significant adverse or cumulative effects on the environment had been identified during the construction and operational phases of the proposed development.  The Council, as the Local Planning Authority (LPA) had undertaken  a full re-consultation, which had included all relevant statutory consultees and which offered them an opportunity to provide comments on the full re-evaluation of the original July 2017 Environmental Statement to determine if the original findings were still valid.  The re-evaluation report was titled ‘Comment on the Evidence Base supporting 17/01229/OUT’, it had been widely circulated to the statutory consultees and was available on the Council’s website. Natural England, Historic England and the Environment Agency were the key consultees for development requiring an Environmental Statement and their comments, as well as other statutory consultation responses and third party comments had all been taken into account and addressed as appropriate through the Officers’ assessment of the application. None of those consultees had raised a concern in this regard and Planning Officers were therefore satisfied that the application could be recommended for approval for the full reasons and justifications as set out in  the Officer report.

 

It was reported that this application  had been the subject of 5 local objections raising general concerns about the impact of the development in this location. They had all been considered by Officers  and  had been addressed accordingly in the Officer report.

 

Officers were content that, subject to the imposition of reasonable planning conditions and  Section106 planning obligations, the general principle of this level of development on the allocated site was acceptable. It complied with the policy requirements of Site Allocation SAMU4; was in keeping with both the site’s location to the west of Clacton and along with the need to facilitate on site strategic landscaping, open space and the retention of existing landscape features, there was no policy conflict and the proposal constituted a sustainable form of development. Furthermore, subject to details and mitigation, Officers were satisfied that the proposal would not harm the living conditions of existing and future residents, or result in any materially detrimental impacts, whilst significantly boosting housing supply within the District. The Applicant was committed to bringing forward a Reserved Matters Application for Phases 1 & 2 of the Development in the coming months, in order to allow work to commence on site early in 2023.

 

 

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 with details of:-

 

(1)  A minor amendment to the description of the development to reflect recent changes to the Use Classes Order:

Outline application (all matters reserved except means of access) for the redevelopment (including demolition) of the site for up to 950 residential units (including affordable housing) with a new Neighbourhood Centre comprising a local healthcare facility of up to 1500sqm NIA and up to 700sqm GFA for use Classes E(a) (shops), E(b) (food and drink) and/or F.1 (community centre); a 2.1ha site for a new primary school; and associated roads, open space, drainage, landscaping and other associated infrastructure.

 

(2) Amend recommendation sections (Section 1 - page 22 and Section 8 – page 48):-

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):

 

And; that the Assistant Director for Planning be authorised to refuse planning permission in the event that such legal agreement has not been completed within the period of 6 months, as the requirements necessary to make the development acceptable in planning terms had not been secured through a s106 planning obligation (to be added to section 8)

 

(3) A new condition 42 thus follows:-

Concurrently with the submission of the reserved matters as outlined in condition 3, full details of the market housing mix of each phase shall be submitted to and approved in writing by the Local Planning Authority and implemented as may be approved.

 

Reason: To ensure the mix of dwelling sizes, types and tenure reflects the requirements as set out in Local Plan policy LP2

 

(4) A further late objection received for the following reasons:-

 

• Existing roads and infrastructure would be overwhelmed

• Existing agricultural land and public footpath offer a welcome escape

• Impact on local wildlife

• The open space between Jaywick/Clacton and St Osyth is a valuable break in

 

Officer Comment – the matters raised are addressed in the ‘Assessment’ section of the report under the ‘Principle of Development’, ‘Ecology and Nature Conservation’, ‘Landscape & Visual Impact’ and ‘Transport and Access’

 

Stuart Willsher, the agent acting 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 Officers if they could clarify if they were looking at an original or new application?	The Planning Officer advised that the original application was before the Committee, due to delays whereby the legal agreements  had not been signed within the time limit agreed previously by the Committee.
It was also asked that if the Committee refused the application, what were the implications to the Local Plan?	The Acting Director advised that if the  application was to be refused, the allocation was on the assumption that the supply would be widened. The Local Plan would be impacted if the application  was  refused.
A member of the Committee raised concerns regarding the loss of agricultural land.	The Planning Officer advised that although the application was for up to 950 dwellings, there was enough scope for landscaping to be considered and 30% of the site was proposed for Open Space.
A member of the Committee also raised concerns regarding the Health Centre.	The Planning Officer referred to the requirement of the health centre, whereby the development could not occupy dwellings in phases 3 or 4 until a neighbourhood centre site was developed and fully functional. Confirmation would be received from the Local Authority. The Planning Officer also referred Councillors to the Land Use Parameter Plan which showed an allocated neighbourhood centre, where there should be ‘infrastructure or financial contributions’.
A Councillor asked if the access would be considered in reserved matters. Were traffic-calming measures conditioned?	The detail outline of the application considered the accesses however, it  did not consider the layout. The Planning Officer advised that a condition could be imposed for traffic calming measures however; there was no current evidence of need for such measures.
A member of the Committee referred to section 6.18 of the officer’s report regarding offsite mitigation; would it be in the developer’s control?	The Planning Officer advised that mitigations included to be secured by condition in the Ecological Plan were such as: conservation headland, field margins, mainline track etc. The Local Authority would control the off-site mitigation.
Could the healthcare contribution be increased?	The Planning Officer confirmed that it would be written into the legal agreement with the potential to be increased in line with inflation.
Would a community centre be included?	The Planning Officer advised that this aspect was a separate phase of the development.
A member of the Committee asked if a school would be secured or whether contributions would be made?	The proposal included details of the land for the use of the school and financial contributions. ECC would retain the land from the developer and it would be the responsibility of the Education Authority to secure the land for school purposes.
A member of the Committee raised electric Vehicle charging points; how many charging points are required for each property?	The Planning Officer advised that  one EV charging point per dwelling would be considered.
A member of the Committee asked if an up-to-date traffic survey was necessary.	The Planning Officer advised that the Local Plan was subject to traffic modelling processes, the cumulative impact  had been examined as part of the application.

 

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

 

 

a)    Within  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):

 

·         20% On-site Affordable Housing

·         Provision of land on-site for a new healthcare facility together with a 554,900 financial contribution towards its provision. [In the event that the land is not required, the financial contribution will be spent on health facilities elsewhere (to be determined by the NHS);

·         Transfer of new open space, including proposed equipped play areas to the Council or a management company;

·         Land for a new primary school and early years and childcare facility on site with financial contributions towards the provision of those facilities;

·         Financial contributions to create additional secondary school places;

·         New neighbourhood centre;

·         Financial contributions towards RAMS and off-site ecological mitigation;

·         A £500,000 financial contribution towards public transport provision;

·         Review clause for 20% affordable housing provision.  Timing of review to be agreed by officers with agent and shall be restricted to uplift as may be available above the 20%.  Any additional provision will be financial contribution towards affordable housing offsite;

·         The Section 106 agreement shall ensure that any contribution of NHS/healthcare triggered shall be spent within the West Clacton area only; and

·         The timing of Heath Care provision on site or contribution instead to be agreed by officers with agent.

 

b)     the planning conditions stated in section 8.2 of the Officer report and as set out below.

 

c)    That the Assistant Director for Planningbe authorised to refuse planning permission in the event that such legal agreement has not been completed within the period of 6 months, as the requirements necessary to make the development acceptable in planning terms had not been secured through a  Section106 planning obligation.

 

Conditions and Reasons:

 

1          The first application for the approval of reserved matters for at least the first phase of       development shall be made to the Local Planning Authority no later than three years      from the date of this permission. All subsequent applications for approval of reserved            matters shall be made to the Local Planning Authority before the expiration of ten             years from the date of this permission.

           Reason - To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

 2        The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved.

           Reason - To comply with the requirements of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 3        No development on any phase shall be commenced until plans and particulars of "the reserved matters" referred to in the above conditions relating to the appearance, landscaping (including a hard and soft landscaping scheme for that phase), layout and scale, for that phase, have been submitted to and approved, in writing, by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

           Reason - The application as submitted does not provide sufficient particulars for consideration of these details.

 4        No development shall commence until a Phasing Plan and Programme for the development has been submitted to and approved in writing by the Local Planning Authority. The document shall identify the physical extent of each proposed phase of development and an indicative timescale for implementation of each phase. The development shall be carried out in accordance with the approved Phasing Plan   and Programme.

           Reason - To ensure the scheme is brought forward in a timely and comprehensive manner in the interests of proper planning, highway safety and amenity.  Given the scale and mixed use nature of the development, the definition of phases will also enable more specific planning conditions to be discharged, as appropriate, on a phase-by-phase basis to assist in the timely delivery of the whole scheme.

 

 5        The development hereby permitted shall be carried out in accordance with the following approved Drawing Nos: 160259-X-00-DR-C610 and 160259-00-X-DR-C601, and each phase or phases of the residential development so approved shall be completed in accordance with a hard and soft landscaping scheme, agreed pursuant to condition 3 above.

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

 6        The reserved matters shall be in general conformity with the following plans and documents unless as otherwise varied by an approved Phasing Plan and Programme pursuant to condition 4:

           P.1509_08 Sheet No. 07 Rev. F - Phasing Parameter Plan

           P.1509_08 Sheet No. 06 Rev. C - Density Parameter Plan

           P.1509_08 Sheet No. 04 Rev. B - Land Use Paremeter Plan

           P.1509_08 Sheet No. 03 Rev. E - Access and Movement Parameter Plan

           P.1509_08 Sheet No. 02 Rev. C - Open Space Parameter Plan

           P.1509_08 Sheet No. 01 Rev. B - Building Height Parameter Plan

           P.1509_07 Rev. G - Masterplan

           P.1509_13 E - Design and Access Statement

           Reason - To establish reasonable limits to the layout of the development in the interests of good design, layout, appearance and residential amenity.

 7        The development hereby permitted comprises:

a) No more than 950 dwellings

b) A single continuous site of not less than 2.1 hectares for a new Primary School

c) A neighbourhood centre comprising a local health facility with an net internal area of no less than 1500 square metres and no more than 700 square metres gross floor area for uses falling with Classes E(a) (Display or retail sale of goods, other than hot food), E(b) (Sale of food and drink for consumption (mostly) on the premises), E(d) (Indoor sport, recreation or fitness (not involving motorised vehicles or firearms or use as a swimming pool or skating rink), E(e) Provision of medical or health services (except the use of premises attached to the residence of the consultant or practitioner), E(f) )Creche, day nursery or day centre (not including a residential use)

           Reason - To ensure compliance with the description of development hereby approved.

 8        No development of any phase shall take place before an Environmental Construction Management Plan for the construction of the development of such a phase hereby approved has been submitted to, and approved in writing by, the Local Planning Authority. The demolition and construction works on that phase shall be carried out in accordance with the approved Environmental Construction Management Plan for that phase.

Details submitted in respect of each of the Environmental Construction Management Plan(s), incorporated on a plan, shall provide for wheel cleaning facilities during the excavation, site preparation and construction stages of the development on the relevant phase. The method statement(s) shall also include details of a construction traffic management plan, a soil management plan, the loading and unloading of plant and materials, hours of construction, dust suppression strategy, means of recycling materials, the provision of parking facilities for contractors during all stages of the development on that phase (excavation, site preparation and construction) and the provision of a means of storage and/or delivery for all plant, site huts, site facilities and materials and means of safeguarding the public right of way during construction of that phase.

           Reason - To ensure that development is carried out in a controlled manner while minimising impacts on the surrounding residential properties and also in the interests of highway safety.

 9        Prior to the first residential occupation or operation of the school (whichever comes first) within Phases 1, 1A or 2 as shown on Phasing Parameter Plan Drawing No. P.1509_08 Sheet No. 07 Rev. F, the signalised junction onto St Johns Road as shown in principle on Drawing No. 160259-00-X-DR-C601, including pedestrian and cycle infrastructure, shall be provided in accordance with detail to be submitted to and agreed in writing with the Local Planning Authority. 

           Reason - To provide adequate highway infrastructure to accommodate the increased level of traffic on the surrounding highway network created as a result of the development in the interest of highway safety and efficiency.

10       Prior to the first residential occupation or occupation of the Neighbourhood Centre (whichever comes first) within Phases 2A, 3 or 4 as shown on Phasing Parameter Plan Drawing No. P.1509_08 Sheet No. 07 Rev. F, the signalised junction onto Jaywick Lane as shown in principle on Drawing No.  160259-00-X-DR-C610, shall be provided in accordance with details to be submitted to and agreed in with the Local Planning Authority.  The details submitted shall incorporate a toucan crossing facility together with a 3 metre wide section of cycleway to the east of Jaywick Lane to allow the existing Toucan Crossing to be removed. 

           Reason - To provide adequate highway infrastructure to accommodate the increased level of traffic on the surrounding highway network created as a result of the development in the interest of highway safety and efficiency.

11       Prior to the first occupation of Phase 3 or 4 (whichever comes first) as shown on Drawing No. P.1509_08 Sheet No. 07 Rev. F a link road through the application site connecting St Johns Road to Jaywick Lane shall be provided in accordance with details to be submitted to and agreed in writing by the Local Planning Authority.  The details submitted shall provide for a road with a carriageway width of 6.75 metres with 1 x 2 metre footway and 1 x 3.5 metres shared footway/cycleway and show appropriately positioned bus stops equipped with current infrastructure. 

           Reason - To provide adequate highway infrastructure to accommodate the increased level of traffic on the surrounding highway network created as a result of the development in the interest of highway safety and efficiency.

12       Prior to the first residential occupation or occupation of the Neighbourhood Centre (whichever comes first) within Phases of Phases 2A, 3 or 4 as shown on Phasing Parameter Plan Drawing No. P.1509_08 Sheet No. 07 Rev. F, a 3 metre wide cycleway/footway across the Jaywick Lane frontage, including surfacing/reconstruction of the existing footway shall be provided in accordance with details to be submitted to and agreed in writing by the Local Planning Authority.

           Reason - To provide adequate highway infrastructure to accommodate the increased level of traffic on the surrounding highway network created as a result of the development in the interest of highway safety and efficiency.

13       Prior to the first occupation of the 250th dwelling hereby permitted St Johns Road/Jaywick Lane junction improvements to include the provision of a standard roundabout (increasing the inscribed circle diameter to 22 metres), increasing the entry width of both St John's Road approaches to the roundabout and the provision of a 'through lane' on St Johns Road shall be provided in accordance with detail submitted to and agreed in writing by the Local Planning Authority.

           Reason - To provide adequate highway infrastructure to accommodate the increased level of traffic on the surrounding highway network created as a result of the development in the interest of highway safety and efficiency.

14       Prior to the first occupation of the 250th dwelling hereby permitted St Johns Road/Cloes Lane  junction improvements to include either the installation of a signal controlled junction or an alternative junction arrangement as shown on drawing no. 160259-X-00-DR-C-604 REV A and Fig. 6.7 of the Submitted Transport Assessment shall be provided in accordance with detail submitted to and agreed in writing by the Local Planning Authority.     

           Reason - To provide adequate highway infrastructure to accommodate the increased level of traffic on the surrounding highway network created as a result of the development in the interest of highway safety and efficiency.

15       Prior to the first occupation of the 500th dwelling hereby permitted St Johns Road/Peter Bruff Avenue junction improvements to include but not be restricted to increasing the entry width of both St John's Road approaches to the roundabout as shown on drawing no. 160259-X-00-DR-C-608 REV A and Fig. 6.10 of the submitted Transport Assessment (such junction improvements are to be limited to the extent of adoptable highway) shall be provided in accordance with detail submitted to and agreed in writing by the Local Planning Authority.

           Reason - To provide adequate highway infrastructure to accommodate the increased level of traffic on the surrounding highway network created as a result of the development in the interest of highway safety and efficiency.

16       Prior to the first occupation of the 500th dwelling hereby permitted either:

a) St Johns/A133 improvements for the St John's/A133 Roundabout to include but not be restricted to increasing the flare length and entry width of both the St John's Road west approach and the London Road south approach to the roundabout as shown in principle on the planning application drawings, in particular as shown on drawing no. 160259-X-00-DR-C-609 REV A and Fig. 6.12  of the submitted Transport Assessment (which show the maximum extent of such increased flare length and entry width) (such junction improvements are to be limited to the extent of adoptable highway) shall be provided in accordance with detail submitted to and agreed in writing by the Local Planning Authority; or

b) an alternative scheme for the delivery of such highway works shall be submitted to and agreed in writing by the Local Planning Authority

           Reason - To provide adequate highway infrastructure to accommodate the increased level of traffic on the surrounding highway network created as a result of the development in the interest of highway safety and efficiency.

17       Prior to the occupation of the first residential dwelling hereby permitted improvements to the two bus stops on St Johns Road nearest to the St Johns Road site access shall be provided in accordance with details submitted to and agreed in writing by the Local Planning Authority.  Such details shall include timetable information, bus stop signage and raised kerbs and hardstanding.

           Reason - To provide adequate highway infrastructure to accommodate the increased level of traffic on the surrounding highway network created as a result of the development in the interest of highway safety and efficiency and to promote the use of sustainable transport.

18       Prior to the occupation of the first residential dwelling hereby permitted appropriate pedestrian access from the site to the bus stop(s) on St Johns Road referred in Condition No. 17 (using either the site or existing adoptable highway) shall be provided in accordance with details submitted to and agreed in writing by the Local Planning Authority.

           Reason - To provide adequate highway infrastructure to accommodate the increased level of traffic on the surrounding highway network created as a result of the development in the interest of highway safety and efficiency and to promote the use of sustainable transport.

19       Prior to the occupation of the phase 1A Primary School or the phase 2A Neighbourhood Centre, if the Link Road has not been completed pursuant to Condition No. 11  and is open for use by the public, an alternative footpath/cycleway to allow access between the northern and eastern parts of the sites and the school and neighbourhood centre shall be provided in accordance with details submitted to and approved in writing by the Local Planning Authority which shall remain in place until the Link Road has been completed pursuant to Condition No. 11 .

           Reason - To allow for connectivity through site to encourage the use of sustainable forms of transport.

20       Prior to first residential occupation of the each phase of the development hereby permitted, a Residential Travel Plan for that phase shall be submitted to and approved by the Local Planning Authority for approval in consultation with Essex County Council. This shall include, but not limited to, details of the monitoring of the implementation of the travel plan details of a Residential Travel Information Pack to be provided to new households on that phase aimed at promoting the benefits of sustainable transport in support of the objective to secure a modal shift from the private car and increase the use of sustainable modes of travel. Such approved Travel Plan shall then be actively implemented for a minimum period from first occupation of that phase of the development until 1 year after final residential occupation on that phase.

           Reason - In the interests of reducing the need to travel by car and promoting sustainable development and transport.

21       Upon first occupation of each dwelling hereby permitted, each household will be provided with a Residential Travel Information Pack, the details of which will have been agreed pursuant to condition 20.

           Reason - In the interests of reducing the need to travel by car and promoting sustainable development and transport. 

22       . No works shall take place within a Phase of development hereby permitted (other than site investigations, the provision of the spine road, formation of service trenches or provision of services or agreed landscaping or formation of agreed surface water attenuation features) until a detailed Surface Water Drainage Scheme for that phase, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority. The detailed surface water drainage scheme for each phase shall include but not be limited to:

a) Provision of a detailed surface water drainage scheme for that phase of development and details of how this integrates and complies with the surface water drainage system for the development site as a whole;

b) Provide details of the discharge rates from that phase and demonstrate how this ensures that development as a whole will achieve discharge rates to the Greenfield 1 in 1 for all storm events up to an including the 1 in 100 year rate plus 40% allowance for climate change;

c) Detail any surface water storage within the Phase and demonstrate how it integrates with the development as a whole to provide sufficient surface water storage to ensure no off site flooding as a result of the development during all storm events up to and including the 1 in 100 year plus 40% climate change event;

d) Final modelling and calculations for all areas of the drainage system to serve that phase, having regard to totality of development permitted;

e) Detail how the phase will contribute to the achievement of the appropriate level of treatment for all runoff leaving the site as a whole, in line with the CIRIA SuDS Manual C753;

f) Detailed engineering drawings of each component of the drainage scheme within that Phase or to serve that Phase;

g) A final drainage plan which details exceedance and conveyance routes, FFL and ground levels, and location and sizing of any drainage features relevant to that phase;

h) An implementation plan providing a timetable for the implementation of the detailed surface water drainage scheme for that phase.

The scheme shall subsequently be implemented on the relevant phase in accordance with the agreed details.

           Reason - To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site; to ensure the effective operation of SuDS features over the lifetime of the development and to provide mitigation of any environmental harm which may be caused to the local water environment.

23       No works within a Phase of development shall take place (other than site investigations) until a scheme to minimise the risk of offsite flooding caused by surface water run-off and groundwater during construction works within that Phase together with measures to prevent pollution has been submitted to, and approved in writing by, the Local Planning Authority. The scheme shall subsequently be implemented as approved.

           Reason - To ensure development does not increase flood risk elsewhere and does not contribute to water pollution.

24       There shall be no residential occupation within a Phase of development until a Maintenance Plan for the Surface Water Drainage detailing the management and maintenance arrangements including who is responsible for different elements of the surface water drainage system and the maintenance activities/frequencies for that phase has been submitted to and agreed, in writing, by the Local Planning Authority.  Should any part on the relevant phase be maintainable by a maintenance company, details of long term funding arrangements for that phase should be provided for approval.

           Reason - To ensure appropriate maintenance arrangements are put in place to enable the surface water drainage system to function as intended to ensure mitigation against flood risk.

25       No development on a phase shall commence until a Foul Water Strategy for that phase has been submitted to and approved in writing by the Local Planning Authority. The Foul Water Strategy for each phase shall include a timetable for implementation and a phasing strategy having regard to the phasing of the development as a whole. Development of the relevant phase shall be undertaken in accordance with the Foul Water Strategy for that phase and thereafter managed and maintained in accordance with the approved details.

           Reason - To prevent environmental and amenity problems arising from flooding.

26       A.  No development or preliminary ground-works within any defined phase of the development shall commence until a Programme of Archaeological Trial Trenching for that phase has been secured and undertaken in accordance with a Written Scheme of Investigation for that Phase, which has been submitted by the applicant, and approved by the Local Planning Authority. Following the completion of this initial phase of archaeological work for a phase, a summary report will be prepared and a mitigation strategy detailing the approach to further archaeological excavation and/or preservation in situ through re-design of the development within that Phase, shall be submitted to the Local Planning Authority.

B.  No development within a Phase or preliminary groundwork within a Phase can commence on those areas of the Phase containing archaeological deposits, until the satisfactory completion of archaeological fieldwork, as detailed in the mitigation strategy for that Phase, which has been signed off by the Local Planning Authority.

C.  Following completion of the archaeological fieldwork for the Phase, a post-excavation assessment for that Phase shall be submitted to the Local Planning Authority (within six months of the completion date, unless otherwise agreed in advance with the Local Planning Authority), which 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 - The proposed development is located within an area with potential for below ground archaeological deposits. The development would result in harm to non-designated heritage assets with archaeological interest.

27       Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until parts A to D of this condition for that phase have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until part D has been complied with in relation to that contamination.

A. Site Characterisation

           An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

           (i) a survey of the extent, scale and nature of contamination;

           (ii) an assessment of the potential risks to:

o   human health,

o   property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

o   adjoining land,

o   groundwaters and surface waters,

o   ecological systems,

o   archaeological sites and ancient monuments;

           (iii) an appraisal of remedial options, and proposal of the preferred option(s).

           This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

B. Submission of Remediation Scheme

           A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

C. Implementation of Approved Remediation Scheme

           The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

           Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

D. Reporting of Unexpected Contamination

           In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of  A, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of B, which is subject to the approval in writing of the Local Planning Authority.

           Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with C.

E. Long Term Monitoring and Maintenance

           A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation and the provision of reports on the same must be prepared, both of which are subject to the approval in writing of the Local Planning Authority.

           Following completion of the measures identified in that scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority.

           This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

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

28       No development shall take place within a Phase until precise details of the provision, siting, height, design and materials of all boundary walls and fences which face onto public spaces/highways or private drives within that Phase have been submitted to and approved in writing by the Local Planning Authority. The boundary walls and fences so approved shall be erected prior to the building/s to which they relate being first occupied and shall thereafter be retained in their approved form.

           Reason - To ensure a satisfactory development in terms of appearance and functionality, in the interests of amenity.

29       No phase of development shall commence until precise details of the manufacturer and types and colours of the external facing and roofing materials to be used in the construction of that phase have been submitted to and approved, in writing, by the Local Planning Authority. Such materials so approved shall be those used in that particular phase of development.

           Reason - To ensure a satisfactory development in relation to external appearance.

30       Prior to commencement of any phase of development, details of all refuse/recycling storage and collection points required to serve that phase of development shall be submitted to and approved in writing by the Local Planning Authority. Each refuse/recycling storage and

           collection point so approved shall be provided prior to first occupation of any dwelling to which it relates and shall be retained thereafter as approved.

           Reason - To ensure a satisfactory development in terms of appearance and functionality in the interests of amenity.

31       Within each phase of development, all planting, seeding or turfing shown on the landscaping details required to be submitted and approved under Condition No. 3 above shall be carried out on that phase during the first planting and seeding season (October - March inclusive) following the first occupation of that phase of development or in such other phased arrangement as may be agreed in writing by the Local Planning Authority.

           Reason - In order to ensure the earliest practicable implementation of new planting required to mitigate the impact of development, in the interests of local and residential amenity.

32       The implementation of the development shall take place at all times in accordance with the Tree Survey/Protection Plan Drawing Ref: TPP Rev. A (dated 27.04.17) submitted with the Outline application. No development within a phase shall commence until details of tree protection measures for that phase, including during the construction phase, have been submitted to and approved in writing by the Local Planning Authority and such measures as approved shall be implemented fully in accordance with such requirements.

           Reason - In order to ensure the protection of trees, in the interests of local and residential amenity.

33       Within the hereby permitted development, no dwelling shall be occupied until a high-speed broadband connection is installed to that dwelling.

           Reason - To ensure the development is able to be equipped with high speed broadband to enable opportunities for web-based communication and homeworking.

34       Prior to commencement of development of a Phase, the applicants shall submit to the Local Planning Authority, in writing, a Local Recruitment Strategy for that Phase such strategy is to include details of how the applicant/ developer shall use their reasonable endeavours to advertise jobs locally and encourage the recruitment of employees and other staff from the locality of the application site, for the construction of that phase of the development. The approved Local Recruitment Strategy shall be adhered to for that phase therein after.

           Reason - To promote and encourage the recruitment of employees and other staff in the locality of the application site.

35       Prior to commencement of a phase of development (excluding site investigation, levelling and ground works and remediation) a scheme for the provision and implementation of water efficiency measures, during the construction and occupational phases of the development in that phase shall be submitted to and agreed in writing by the Local Planning Authority. The scheme shall include a clear timetable for the implementation of the measures in relation to the construction and occupancy of the development on that phase. The development of the relevant phase shall be constructed and the measures provided and made available for use on that phase in accordance with such timetables as may be agreed by the Local Planning Authority for that phase.

           Reason - To enhance the sustainability of the development through better use of water, energy and materials.

36       Other than for external lighting within the curtilage of a dwellinghouse or lighting within the public highway, details of external lighting for each phase of the development hereby approved shall be submitted to and approved in writing by the Local Planning Authority prior to its installation. These external lighting details for each phase shall consider how the use of such lighting will avoid, or minimise harm caused by light pollution and the development of that phase shall be carried out in accordance with the approved details.

           Reason - To ensure that new external lighting of the development is not harmful to biodiversity or local amenity.

37       No development within a phase (excluding site investigation and remediation) shall commence until details of existing and proposed levels within that Phase of the site, finished floor levels and identifying all areas of cut or fill within that Phase, have been submitted to and approved in writing by the Local Planning Authority.  The development of the relevant shall be carried out in accordance with the approved details for that phase.

           Reason - To protect the impact on neighbours and in the interest of visual amenity.

38       No development shall commence within a phase of the development until a Landscape Management Plan for that phase has been submitted to, and approved in writing by, the Local Planning Authority. The Landscape Management Plan(s) shall include design objectives, management responsibilities and maintenance schedules for the landscaped elements of the development on that phase.  The development of the relevant phase shall be implemented and thereafter maintained in line with the details and timescales in the approved plan for that phase.

           Reason - To ensure proper planning, management and maintenance of the approved landscaping; landscaped areas; sustainable urban drainage features; public open space; amenity space and play areas and equipment in the interests of amenity; sustainability and the character and appearance of the area.

39       No development shall commence within a phase of the development until an Ecological Management Plan for that phase has been submitted to, and approved in writing by the Local Planning Authority. The Ecological Management Plan will reflect the mitigation strategy as contained within the Phase 2 Ecological Surveys and Assessment at Appendix 7 of the submitted Environmental Statement and the Natural England Consultation Response dated 5th June 2018. The development of that phase shall be implemented in line with the measures contained within the approved Ecological Management Plan for that phase.

           Reason - In order to safeguard protected wildlife species and their habitats and in the interests of biodiversity and to ensure best practice measures are used on site during both construction and occupation phases of development to minimise the impact on birds and wildlife and to promote biodiversity. 

40       Prior to above ground works in any phase identified within the phasing plan, a scheme for the provision of electric vehicle charging facilities for the dwellings, neighbourhood centre, and school hereby approved shall have first been submitted to and approved in writing by the local planning authority. Thereafter the charging facilities shall be installed in a working order prior to first occupation of the dwelling.

           Reason - To enhance the sustainability of the development through better use of energy and materials.

41       No phase of the development identified within the Phasing plan shall be occupied until a scheme detailing how a minimum of 20% of the energy needs generated by the development can be achieved through renewable energy sources shall be submitted to and approved in writing by the local planning authority. The scheme shall detail the anticipated energy needs of the scheme, the specific renewable technologies to be incorporated, details of noise levels emitted (compared to background noise level) and how much of the overall energy needs these will meet and plans indicating the location of any external installations within the development. The development shall be carried out in accordance with the approved details and shall be retained as such thereafter.

Reason - To enhance the sustainability of the development through better use of energy and materials.

 

42        Concurrently with the submission of the reserved matters as outlined in condition 3,         full details of the market housing mix of each phase shall be submitted to and approved            in writing by the Local Planning Authority and implemented as may be approved.

 

            Reason: To ensure the mix of dwelling sizes, types and tenure reflects the            requirements as set out in Local Plan policy LP2

 

43        Details of the spine road layout shall include details of traffic calming/speed reduction measures as necessary with the reserved matters for layout where it relates to the spine road and shall be carried out as may be approved and thereafter retained.   

 

            Reason: In the interests of highway and pedestrian safety.