Agenda item

Proposed extension to the current cemetery site.

Members were reminded that this application was for the extension of the Clacton-on-Sea Cemetery at Burrs Road. The application site was on land allocated for the cemetery extension within the Tendring Adopted Local Plan. This extension would accommodate the identified local need for additional burial plots in the future. The application was presented at Committee as it was a Tendring District Council application on Council owned land.

 

It was reported that the site was designated as a Local Wildlife Site (LoWS) and was bordered by Pickers Ditch to the north and west, with areas around the ditch falling into flood zones 2 and 3.

 

Matters concerning, flooding, SuDs and Ecology had taken significant time to determine particularly with regard to the Biodiversity Net Gain obligations and the identification of suitable compensation sites.

 

Those matters  had now been satisfactorily resolved and subject to conditions there were no objections from the Environment Agency, Lead Local Flood Authority or ECC Ecology. There were no concerns raised with regards to highway safety or impact on residential amenity, therefore the application was recommended by Officers for approval.

 

The Committee had before it the published Officer report containing the key planning issues, relevant planning policies, planning history, any response from consultees, written representations received and a recommendation of approval.

 

At the meeting, an oral presentation was made by the Council’s Planning Manager (JP-G) in respect of the application.

 

Ian Taylor, representing Tendring District Council, spoke in support of the application.

 

 

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

 

RESOLVED that the Planning Manager (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to the conditions and reasons stated in paragraph 8.2 of the Officer Report as set out below, or as need to varied to take account for any errors, legal and necessary updates:-

 

Conditions and Reasons:

 

1.    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

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

 

2.    The development hereby permitted shall be carried out in accordance with the following approved drawings and 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:

· CDS_TEN_CLA_04 Rev 06 – Drainage Layout Plan

· CDS_TEN_CLA_09 Rev 00 – Drainage Details

· CDS_TEN_CLA_07 Rev 00 – Proposed Planting Scheme

· CDS_TEN_CLA_08 Rev 00 – Planting Schedules

· Design and Access Statement, 20th February 2020, Ref: 618072, 217058

· Flood Risk Assessment

· Landscape Management Plan

· Landscape Management and Maintenance Plan, 26th February 2020, Ref: 618072, 217058

· Planning and Needs Assessment Report, February 2020

· Reed Bed Design, March 2020

· Design of Attenuation Capacity for a Restricted Outfall, March 2020

· Tier 2 Ground Water Risk Assessment, February 2020

· Preliminary Ecological Appraisal Report – Syntegra Consulting, May 2020, Ref: 20- 6861

· Reptile Presence and Absence Report – Syntegra Consulting, June 2021, Ref: 20- 6861

· Botanical Survey – Syntegra Consulting, September 2021, Ref: 20-6861

· Habitat Survey and Biodiversity Net Gain Assessment – GEO, 28th November 2022 Ref: 7106,EC,BotBNG,AC,TA,PD,28-11-22,V1

· 7016 EC onsite metric, GEO 28th November 2022

· Rapid Assessment of Potential Biodiversity Compensation Sites – GEO, 05th January 2023, Ref: 7106, EC, Comp,AS,AC,05-01-23,V1.

 

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

 

3. Prior to the commencement of the development hereby approved, a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, must 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 2.4l/s for all storm events up to an including the 1 in 100 year rate plus 40% allowance for climate change. All relevant permissions to discharge from the site into any outfall should be demonstrated.

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

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

· 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.

· A timetable for implementation The scheme shall be carried out as may be agreed in its entirety.

 

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.

 

Note: 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.

 

4. 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).

 

5. Prior to the first use of the cemetery extension hereby approved, 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, must 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. The plan shall be carried out in full as may be approved.

 

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.

 

Note: 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.

 

6. Prior to the first burial, the LPA and Environment Agency are to be notified in writing to allow the opportunity for an inspection of the site when the drainage works are completed, and again after the first year of burials has taken place.

 

Reason: To ensure that the Environment Agency and LPA are satisfied that the drainage system is installed correctly and is functioning as expected and there is no discharge of pollutants from the site.

 

7. Prior to the first burial a Biodiversity Compensation and Enhancement Strategy must be submitted and approved by the Local Planning Authority. The works are to be implemented as approved and maintained as such at all times.

 

Reason: To secure the necessary biodiversity compensation required to mitigate the loss of the LoWs.

 

8. All biodiversity mitigation and enhancement measures and/or works shall be carried out in accordance with the details and timings contained in the:

 

· Reptile Presence and Absence Report – Syntegra Consulting, June 2021, Ref: 20- 6861

· Botanical Survey – Syntegra Consulting, September 2021, Ref: 20-6861 This will 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).

 

The Chairman requested approval from Members of the Committee to continue the meeting past the allowed period of 3 hours, as required by Council Procedure Rule 35.1. It was moved by Councillor Harris, seconded by Councillor Placey and RESOLVED that the Committee continue its deliberations.