Agenda item

The application is brought to Committee at the request of the Planning Manager. The site is outside the Settlement Development Boundary of Ardleigh, within close proximity to the area designated for the new Tendring and Colchester Garden Community and therefore there is a high level of public interest in the site along with a number of objections made to the outline permission including the Parish Council, to warrant a Committee referral as the recommendation is of Approval.

Earlier on in the meeting as reported under Minute 72 above, members of the Committee had declared that they had received “lobbying” material by email from Ardleigh Parish Council in relation to this planning application.

 

It was reported that this application had been brought to the Committee, at the request of the Planning Manager, as the site lay outside the Settlement Development Boundary of Ardleigh within close proximity to the area designated for the new Tendring and Colchester Garden Community. There was a high level of public interest in the site as had been shown by the number of objections submitted regarding the original outline application (including from Ardleigh Parish Council).

 

Members were informed that this application related to a parcel of land on the northern site of Bromley Road in the small rural settlement of Crockleford Heath. The site was closely connected to the settlement and the district boundary with Colchester to the west. Adjacent to the site to the east was a development for four dwellings currently under construction, which had been granted planning permission under planning application reference 17/02190/OUT, as had been allowed on appeal (reference APP/P1560/W/18/3200898). To the south of the site lay another development currently under construction for 145 dwellings, planning reference 17/00859/OUT, which had also been allowed on appeal (reference APP/P1560/W/17/3185776).

 

The Committee was made aware that outline planning permission for four detached dwellings considering access only, on this application site had been approved on 4th February 2022 under application reference 21/01481/OUT. The application now before the Committee sought permission for the reserved matters of the above outline application in respect to scale, layout, landscape and appearance. Revised drawings had been submitted during the course of the application along with an updated Ecology Assessment and a Flood Risk Assessment, and, on balance, the application was considered by Officers to be acceptable in terms of the design, scale, appearance and layout. The proposal was not considered by Officers to have a detrimental impact on neighbour amenity and there were no concerns raised by them in regards to parking and highway matters or flood risk.

 

Subject to the necessary planning conditions, the proposal was considered by Officers to protect and enhance the biodiversity of the site, along with acceptable tree retention and tree planting, a new hedgerow and a satisfactory soft landscaping scheme.

 

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 Director (Planning)(Gary Guiver) in respect of the application. An update sheet had been circulated to the Committee prior to the meeting with details of a further letter of objection as follows:-

 

“1.   It is in conflict to the Adopted Section 2 Local Plan 2013-2033;

 

2.    The development site is 2.7Km from the Ardleigh Settlement Development Boundary, thus classed as Countryside.

 

3.    It should be combined to make a major application with application 17/02190/OUT, approval granted under appeal 18/00086/REFUSE, and thus as a minimum, attract affordable home contributions. The applicants of both sites are associated.

 

4.    The proposed site's natural environment and ecology has been extensively destroyed. The appeal statement 5.11 clearly shows this fact (contains an aerial photo of the site).  The 1923 ordnance survey map show the established pond that has been destroyed. The site is adjacent to Salary Brook.

 

5.    The application 22/01690/OHL site plan shows the (now destroyed) pond. Where is the replacement for the overhead power lines to be installed?

 

6.    Nearby applications 21/02164/FUL and 21/01785/OUT have recently been refused by officers.  21/01785/OUT is now at appeal, as 22/00061/REFUSE. The statement of case 6.4 makes the presumption that 22/00467/DETAIL is approved and under construction. (Officer Note, the Appellant’s appeal statement is a little ambiguous, whilst the application 22/00467/DETAIL is not mentioned by number specifically, the land is shown generally along with the adjacent site and the larger site opposite and the appeal statement does state that these are ‘under construction’.)”

 

Bill Marshall, a member of the public, spoke on the application.

 

Outline of matters raised by the Committee	Outline of the Officer response thereto
Can we have the details of the width of the internal road and how it will link to the adjoining development?	The full details of this will be the subject of a Highways Authority condition. The application indicates that the private roads will be 4m wide with turning head and passing points. The access road into the site would be 5.5m in width.
The rainwater collected from the roof – where will it go?	The application proposes a number of facilities including soakaways from the roof pipes which will go into a ‘creek’ system which will slow the water flow in to the water courses and aid filtration.
Will excess water get into Salary Brook?	The above-mentioned facilities will minimise this and the Lead Local Flood Authority are satisfied with what is proposed though it is accepted that if there is a “monsoon” level event that this may cause run-off into Salary Brook.
Will there be a separate bio-mass facility on this site for processing sewerage and effluent water?	Yes
Will this cope with all sources of foul water?	This cannot be answered for certain as this is a matter that falls to be dealt with under the Building Regulations.
Referencing the proposed Ardleigh Neighbourhood Plan – at what stage is it? How much weight can be given to it?	The Plan has only very recently been submitted to TDC. It will need to be approved by the Cabinet before it can then go out to public consultation. So very little weight can be given to the Plan at this stage. In addition, this site already has an outline planning permission so the principle of the development has already been established.
How far is it from the back of the proposed properties to Salary Brook?	Varies from property to property at between 8.5 to 13 metres.
Who is responsible for the maintenance of the bio-mass system for reducing down the effluent? Need to avoid raw sewerage going into Salary Brook.	Cannot give a definitive answer. Usually a management arrangement would be reached amongst the householders but this is outside of the planning process.
Can the above be conditioned as part of this approval?	Reiterate that this is outside the scope of development control, but this could be covered under the Building Regulations or a private householder arrangement.
Referencing the construction and design of the proposed dwellings – will this be covered under Building Regulations or can this Committee consider this?	Matters relating to structural safety, electric and insulation are covered under the Building Regulations. The dwellings will be inspected at key stages of the construction process before the final Completion Certificate is issued. Those checks can be done by either TDC Building Control or by a private building control company.
Referencing the steep road within the site – how will refuse vehicles manage that road to collect from the four dwellings?	If it is a problem – then alternative arrangements are usually made such as a having a designated area where all bins etc. would be taken by the householders to be collected and emptied.
Can we confirm that all the trees currently on the site will remain?	Yes, all the notable trees will remain. A tree survey has been carried out and the trees graded by TDC’s Trees Officer. The proposed landscaping scheme will also lead to an increase in the number of trees and shrubs.
Does the proposed amenity space for these four dwellings meet the minimum requirements?	Yes, comfortably.
What does the proposed condition 5 cover as far as lighting within the site?	It relates to the highways lighting for the internal roads only.
Can the access arrangements to the site be changed as it feels as if the proposed access is dangerous?	No – the access was decided under the prior outline planning permission. In addition, the Highways Authority has not objected.
Referencing paragraph 6.40 of the Officer report – how does TDC measure the net gain for biodiversity?	There is no proactive monitoring. TDC relies on the advice of ecologists at Essex County Council plus any submission made by the Applicant’s ecologist.

 

Following discussion by the Committee:-

 

It was moved by Councillor Alexander, seconded by Councillor Harris and:-

 

RESOLVED that the Planning Manager be authorised to grant planning permission, subject to the conditions as set out below, or as need to be varied (to account for any errors or legal issues et cetera) or otherwise added or removed as may be deemed necessary by the Planning Manager:-

Conditions and Reasons

 

1.    The development hereby permitted shall be carried out in strict accordance with the following approved plans/documents:

 

6798/1101 Rev P1 – Site Location Plan

6798/1201 Rev P1 – Proposed Floor Plans

6798/1301 Rev P1 – Proposed Elevation Plans

6798/1104 Rev P4 – Proposed Block Plan

Phase 1 Desk Top Study of Soil Conditions and Flood Risk Assessment – NF

Moore, Job No: 4685, dated July 2022

Preliminary Ecological Appraisal – Skilled Ecology Consultancy Ltd, Dated January

2016 and updated September 2022.

Surface Water Drainage Layout – Drawing No: 4665/D1 dated March 2022

Surface Water Drainage Calculations – NF Moore, Job No: 4685, dated March 2022

 

Reason: In the interests of proper planning and for the avoidance of doubt.

 

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

 

a)    Risk assessment of potentially damaging construction activities.

b)    Identification of "biodiversity protection zones".

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

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

 

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

 

Reason: 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).

 

3.    Prior to the commencement of any works above slab level, a Biodiversity Enhancement Strategy for protected and Priority species shall be submitted to and

approved in writing by the Local Planning Authority. The content of the Biodiversity Enhancement Strategy shall include the following:

 

a)    Purpose and conservation objectives for the proposed enhancement measures;

b)    detailed designs to achieve stated objectives;

c)    locations of proposed enhancement measures by appropriate maps and plans;

d)    timetable for implementation demonstrating that works are aligned with the proposed phasing of development;

e)    persons responsible for implementing the enhancement measures;

f)     details of initial aftercare and long-term maintenance (where relevant).

 

The works shall be implemented in accordance with the approved details prior to occupation and shall be retained in that manner thereafter.

 

Reason: To enhance protected and Priority species & habitats and allow the LPA to

discharge its duties under the s40 of the NERC Act 2006 (Priority habitats & species).

 

4.    All biodiversity mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Update Preliminary Ecological Appraisal (Skilled Ecology, September 2022). This may include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW) to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details.

 

Reason: To conserve and enhance protected and Priority species and allow the LPA

to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the

NERC Act 2006 (Priority habitats & species).

 

5.    Prior to the first occupation of the development hereby approved, an external lighting design scheme for biodiversity shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall identify those features on site that are particularly sensitive for bats and that are likely to cause disturbance along important routes used for foraging; and show how and where external lighting will be installed (through the provision of appropriate lighting plans, drawings and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory. All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme. Under no circumstances should any other external lighting be installed without prior consent from the Local Planning Authority.

 

Reason: To allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species).

 

6.    Prior to the first occupation of the development hereby approved, the internal layout and off-street parking shall be provided in principle and accord with drawing number:

 

•    6798/1104 P4 Proposed block plan

 

Reason: To ensure that vehicles using the site access do so in a controlled manner, in the interests of highway safety.

 

7.    Prior to the first occupation of the development hereby approved a 1.5 metre x 1.5

metre pedestrian visibility splay, shall be provided on both sides of each vehicular access. Such visibility splays shall be retained free of any obstruction in perpetuity. These visibility splays must not form part of the vehicular surface of the access.

 

Reason: To provide adequate inter-visibility between the users of the access and pedestrians in the adjoining public highway in the interest of highway safety.

 

8.    As indicated on drawing no. 6798/1104 P4 and prior to the first occupation of the development hereby permitted, the size 5 vehicular turning facility, shall be constructed, surfaced, and maintained free from obstruction within the site at all times for that sole purpose.

 

Reason: To ensure that vehicles can enter and leave the highway in a forward gear in the interest of highway safety.

 

9.    Prior to the first occupation of the development hereby approved, the vehicle parking, passing place and turning area indicated on the approved plans, has been hard surfaced and sealed. The vehicle parking area, passing place, and associated turning area shall be retained in this form at all times. The vehicle parking shall not be used for any purpose other than the parking of vehicles that are related to the use of the dwelling.

 

Reason: To ensure that on street parking of vehicles in the adjoining streets does not occur in the interests of highway safety and that appropriate parking is provided.

 

10. Prior to the commencement of any above ground works, a full scheme of hard and

soft landscaping works including a detailed plan, showing species to be used, planting positions, numbers of trees and shrubs and the sizes of the plants at time of planting and include wildlife friendly, native planting and locations for habitat boxes for roosting bats and nesting birds shall be submitted to and approved, in writing, by the Local Planning Authority.

 

Reason - In the interests of visual amenity, the quality of the development and the character and biodiversity of the area.

 

11. All changes in ground levels, hard landscaping, planting, seeding or turfing shown

on the approved landscaping details shall be carried out during the first planting and seeding season (October - March inclusive) following the commencement of the development or in such other phased arrangement as may be agreed in writing by the Local Planning Authority. Any trees or shrubs, which within a period of 5 years of being planted die, are removed or seriously damaged or seriously diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority agrees in writing to a variation of the previously approved details.

 

Reason - To ensure the adequate retention and maintenance of the approved landscaping scheme for a period of five years in the interests of visual amenity, the quality of the development and the character of the area.

 

12   Prior to the commencement of any above ground works a statement detailing the drainage works for wastewater and foul drainage in relation to the  proposed package treatment plant must be submitted to and approved in writing by the Local Planning Authority.  These works shall subsequently be carried out in accordance with the approved details.

                       

Reason - To ensure satisfactory drainage/surface water disposal/sewerage disposal is provided.

 

13   Prior to the first occupation of the dwellings hereby approved, full details of the refuse collection and storage facilities to be provided for the dwellings must be submitted to and approved in writing by the Local Planning Authority.  The refuse collection and storage must be implemented as per the approved details. 

           

Reason: To ensure adequate provision of refuse storage facilities.