Agenda item

The application is before Members at the request of the Planning Manager. The application relates to one-half of a former agricultural building and areas of hardstanding to the rear of the site at Valley Farm, Golden Lane, Thorpe-le-Soken. The site under consideration benefits from planning permission under 17/00778/COUNOT for B8 use.

 

Earlier on in the meeting, as reported under Minute 72 above, the Chairman had stated for the public record that the Council regularly hired Tendring Travel, who were the applicants for Planning Application 22/00854/FUL (report item A.4), to transport the Members of the Planning Committee on their site visits.

 

The Committee was informed that this application was before it at the request of the Planning Manager. The application related to one-half of a former agricultural building and areas of hardstanding to the rear of the site at Valley Farm, Golden Lane, Thorpe-le-Soken. The site under consideration benefited from planning permission under 17/00778/COUNOT for B8 use.

 

It was reported that this application sought retrospective planning permission for the change of use to a bus depot (sui generis) with associated workshop and hardstanding. The site had been occupied and operating as Tendring Travel since August 2017. The application also proposed new hedgerow and tree planting on top of the existing bunding along the north and east boundaries, in combination with the existing hedgerow along the western boundary.

 

Members were advised that access was achieved via a 7m wide private entry and exit off Golden Lane to the south of the site. The site was predominantly used for the storage of vehicles when they were not in use but also provided a workshop for maintenance and repairs to be carried out on site. Vehicles were parked on an area of hardstanding to the rear (north) of the building, whilst the workshop was housed within the building itself.

 

The Committee was made aware that this application followed a previous refusal in 2017 under planning application reference 17/02146/FUL. That application had been refused due to the detrimental impact upon the rural character of the area and highway safety. The applicant had not appealed the Council’s decision.

 

Officers reported that this current application sought to address the previous reasons for refusal by the inclusion of a Landscape and Visual Appraisal which had informed a proposed landscaping scheme for the site and the preparation of a Transport Statement which had addressed and responded to all the requirements outlined by the Highways Officer. That additional information and proposed mitigation scheme was considered by Officers to address the previous reasons for refusal and Officers had also considered the up to date development plan position. No objections had been received from consultees in regards to landscape impact or highway safety. The application was recommended for approval by Officers, subject to conditions securing the necessary mitigation and enhancement measures.

 

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 Officer (Amy Lang) in respect of the application. An update sheet had been circulated to the Committee prior to the meeting comprising:-

 

“Point of Clarification:

 

For clarity, the applicant is Tendring Travel. As set out at paragraph 9.12 of the officer’s report, Tendring Travel provide services used by Tendring District Council and for this reason, and for the reason of transparent decision making, this application is presented to planning committee and has been reviewed by the Council’s monitoring officer.

 

Section 4. Consultations - correction to order of LLFA:

 

First comments received	15.06.2022	Holding objection
Second comments received	30.09.2022	Holding objection maintained
Latest comments received	17.11.2022	No objection subject to conditions

 

8.2 Conditions and Reasons – amendments to recommended conditions

 

Condition 2 – amendments to allow flexibility for airport runs and private hire

 

2.         The working hours hereby permitted shall only operate between the following hours, unless otherwise agreed, in writing, with the Local Planning Authority:

 

- Monday to Friday 06:00 to 20:00

- Saturday 06:00 to 14:00 06:00 to 18:00

- Sunday / Bank Holiday: 06:00 to 14:00 10:00 to 16:00

 

Outside of these hours, no staff shall be working on site nor any vehicle shall enter or exit the site for any reason.

 

Outside of these hours, no more than 1 member of staff shall be working on site   for any reason.

 

Reason - For the avoidance of doubt, protection of local residential amenity and in the interests of proper planning.

 

Condition 8 – amendments to allow flexibility for the submission and approval of S278 Minor Works application with ECC Highways.

 

8. Within 3 6 months from the date of this decision, four formal passing bays (size: 2.5m x 15m) shall be provided, completed and made available for use within Golden Lane to the east of the site access as indicated on drawing no. DR2 Rev. A accompanying the Technical Note Ref. JTP255 October 2022 and retained in this approved form in perpetuity.

 

Reason - To make adequate provision within the highway for the additional traffic generated within the highway as a result of the proposed development.

 

Condition 9 – amendments to allow flexibility for the submission and approval of S278 Minor Works application with ECC Highways and correction to numbering:

 

9. Within 3 6 months from the date of this decision, a vehicle turning warning sign on the west bound approach to the access to Valley Farm shall be provided, as indicated on drawing no. DR2 Rev. A accompanying the Technical Note Ref. JTP255 October 2022.

 

10.     Reason - To notify drivers in advance of the potential of slow turning vehicles, ensuring the continued safe passage of the public, in the interests of highway safety.

 

Correction to condition numbering:

 

Conditions 11 to 15 should be Conditions 10 to 14”

 

Seth Williams, the applicant’s agent spoke in support of the application.

 

Outline of matters raised by Members of the Committee	Outline of Officer response thereto
When was the original planning application refused?	June 2018
Can you confirm that therefore the applicant has been operating without the benefit of planning permission since then?	Yes
Can you confirm that the requirements of condition 13 will remove the risk of flooding?	Yes. The Lead Local Flood Authority has accepted this.
What are the details of the pond and its covering and discharge?	1.5m in depth with grass and matting on top. Discharge will be to a culvert ditch. Existing drainage on the site will also be enhanced.
The agreement with ECC Highways as to the passing points – how soon will they be built after permission has been granted? Is the Council aware of any accidents involving buses from this site?	The “swept road” survey has demonstrated that the road can accommodate the larger buses. The provision of passing points will be the subject of a legal agreement between ECC and the applicant. The permission would allow six months for this to happen. The Council is aware of one accident but this did not involve any of the buses as far as is known. The results of the speed, visibility and routing surveys all met the Highways Authority’s requirements.
How many employees does Tendring Travel have?	30 full time.
Will the granting of permission for this planning application regularise matters and end the need for any enforcement?	Yes. It would also allow the Council to ensure that the mitigation measures are implemented and maintained.

 

Following discussion by the Committee:-

 

It was moved by Councillor Harris, seconded by Councillor Baker 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 accordance with the following approved drawings / documents, and / or such other drawings / documents as may be approved by the Local Planning Authority in writing pursuant to other conditions of this permission or such drawings / documents as may be subsequently approved in writing by the Local Planning Authority as a non-material amendment following an application in that regard:

 

-    Site Plan 1:1250 Valley Farm Site Plan dated 20 October 2022

-    Location Plan 1:3500 Valley Farm Location Plan dated 2 November 2022

-    DR2 Visibility Splay and Highway Land Plan

-    SuDS Surface Water Drainage Report Rev C

-    SK01A Drainage Strategy Plan

-    SK02 Drainage Construction Detail

-    Ref. JTP255 Transport Statement April 2022

-    Ref. JTP255 Technical Note October 2022

-    Landscape and Visual Appraisal May 2022 ARCMLI/Issue Version Rev A

-    Planting Proposals drawing number LVA 5

-    Planning Statement January 2022

 

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

 

2.      The working hours hereby permitted shall only operate between the following hours, unless otherwise agreed, in writing, with the Local Planning Authority:

 

-    Monday to Friday 06:00 to 20:00

-    Saturday 06:00 to 18:00

-    Sunday / Bank Holiday: 10:00 to 16:00

 

Outside of these hours, no more than one member of staff shall be working on site for any reason.

 

Reason - For the avoidance of doubt, protection of local residential amenity and in the

interests of proper planning.

 

3.    All changes in ground levels, hard landscaping, planting, seeding or turfing shown on the approved Planting Proposals drawing number LVA 5 accompanying the Landscape and Visual Appraisal May 2022 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 - In the interest of visual amenity and the character of the area.

 

4. Notwithstanding the provisions of Article 3, Schedule 2 Part 2 Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification), no fences, walls or other means of enclosures shall be erected within or around the perimeter of the site.

 

Reason - In the interests of visual amenity and the quality of the development.

 

5.    There shall be no outside storage with the exception of the ancillary office and restroom already in place, and the parking of vehicles associated with the use.

 

Reason - In the interests of visual amenity and the quality of the development.

 

6.    In accordance with the accompanying Transport Statement Ref. JTP255 April 2022 and Technical Note Ref. JTP255 October 2022, the road junction / access at its centre line shall be provided with a clear to ground visibility splay with dimensions of 2.4 metres by 129 metres to the west and 2.4 metres by 127 metres to the east, as measured from and along the nearside edge of the carriageway. Such vehicular visibility splays shall be retained free of any obstruction at all times thereafter.

 

Reason - To provide adequate inter-visibility between vehicles using the road junction/access and those in the existing public highway in the interest of highway safety.

 

7.    The areas within the site identified for the purpose of turning and manoeuvring shall be retained and maintained in the approved form in perpetuity 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.

 

8.    Within 6 months from the date of this decision, four formal passing bays (size: 2.5m x 15m) shall be provided, completed and made available for use within Golden Lane to the east of the site access as indicated on drawing no. DR2 Rev. A accompanying the Technical Note Ref. JTP255 October 2022 and retained in this approved form in perpetuity.

 

Reason - To make adequate provision within the highway for the additional traffic generated within the highway as a result of the proposed development.

 

9.    Within 6 months from the date of this decision, a vehicle turning warning sign on the west bound approach to the access to Valley Farm shall be provided, as indicated on drawing no. DR2 Rev. A accompanying the Technical Note Ref. JTP255 October 2022.

 

Reason - To notify drivers in advance of the potential of slow turning vehicles, ensuring the continued safe passage of the public, in the interests of highway safety.

 

10. Within 3 months from the date of this decision, an appropriate Traffic Management Routing Plan shall be provided, including a route card for drivers, outlining the designated route to and from the depot for all bus and coach movements including a flag sign with the wording 'All routes' located opposite the junction to ensure that all buses and coaches adhere to the routing agreement, to enter and exit the site from the east along Golden Lane, to be agreed with the Local Planning Authority in consultation with the Highway Authority.

 

Reason - To control the direction of vehicle movements to and from the site in the interests of highway safety.

 

11. Within 3 months from the date of this decision, a Biodiversity Enhancement Strategy for protected and Priority species, including a timetable for implementation, shall be submitted to and approved in writing by the local planning authority. The content of the Biodiversity Enhancement Strategy shall include the following:

 

-    Purpose and conservation objectives for the proposed enhancement measures;

-    Detailed designs or product descriptions to achieve stated objectives;

-    Locations, orientations, and heights of proposed enhancement measures by

appropriate maps and plans;

-    Persons responsible for implementing the enhancement measures; and,

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

 

The works shall be implemented in accordance with the approved details and timetable 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 NPPF 2021 and s40 of the NERC Act 2006 (Priority habitats & species).

 

12. Within 3 months from the date of this decision, a detailed surface water drainage scheme for the site, including a timetable for implementation, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, shall be submitted to and approved in writing by the local planning authority. The scheme should include but not be limited to:

 

-    Limiting discharge rates to 3.7l/s for all storm events up to and including the 1 in 100 year rate plus 40% allowance for climate change.

-    Provide sufficient 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.

-    Demonstrate that all storage features can half empty within 24 hours for the 1 in 30 plus 40% climate change critical storm event.

-    Final modelling and calculations for all areas of the drainage system.

-    The appropriate level of treatment for all runoff leaving the site, including bus washing and washing of mechanical residue following repairs, in line with the Simple Index Approach in chapter 26 of the CIRIA SuDS Manual C753.

-    Detailed engineering drawings of each component of the drainage scheme.

-    A final drainage plan which details exceedance and conveyance routes, FFL and ground levels, and location and sizing of any drainage features.

-    A written report summarising the final strategy and highlighting any minor changes to the approved strategy.

 

The works shall be implemented in accordance with the approved strategy and timetable and shall be retained in the approved form thereafter.

 

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. To provide mitigation of any environmental harm which may be caused to the local water environment. Failure to provide the above required information before commencement of works may result in a system being installed that is not sufficient to deal with surface water occurring during rainfall events and may lead to increased flood risk and pollution hazard from the site.

 

13. Within 3 months from the date of this decision, a maintenance plan detailing the maintenance arrangements including who is responsible for different elements of the surface water drainage system and the maintenance activities/frequencies, shall be submitted to and agreed, in writing, by the Local Planning Authority. Should any part be maintainable by a maintenance company, details of long term funding arrangements should be provided.

 

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. Failure to provide the above required information prior to occupation may result in the installation of a system that is not properly maintained and may increase flood risk or pollution hazard from the site.

 

14. The applicant or any successor in title must maintain yearly logs of maintenance which should be carried out in accordance with any approved Maintenance Plan. These must be available for inspection upon a request by the Local Planning Authority.

 

Reason - To ensure the SuDS are maintained for the lifetime of the development as outlined in any approved Maintenance Plan so that they continue to function as intended to ensure mitigation against flood risk.