Agenda item

The construction of 90 small B1 & B8 use commercial units with ancillary facilities, associated car parking and landscaping; and the construction of 5 commercial office blocks with B1 use with associated car parking and landscaping.

It was reported that this application had been referred to the Committee as it represented a departure from the Tendring District Local Plan 2007 and the Tendring District Local Plan 2013 – 2033 and Beyond Publication Draft as the application site was located outside any Settlement Development Boundary.

 

Members were reminded that the principle of B1 and B8 commercial development on this site had been established by the granting of application 17/02204/FUL at the meeting of the Committee held in July 2018 which had given permission for the erection of 79 small B1 and B8 commercial units and five commercial office blocks with B1 use with associated car parking and landscaping.

 

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 (GN) in respect of the application.

 

An update sheet was circulated to the Committee prior to the meeting with details of:

 

(1)    a further letter of objection received from Martin Robeson Planning Practice together with an Officer response;

 

(2)    amendments to the Officer report; and

 

(3)    amendments to the proposed planning conditions.

 

Martin Robeson, of Martin Robeson Planning Practice, acting on behalf of Lodge Park a nearby business park, spoke against the application.

 

Ed Kemsley, the agent acting on behalf of the applicant, spoke in support of the application.

 

Following discussion by the Committee, it was moved by Councillor Fowler, seconded by Councillor Alexander and unanimously RESOLVED that the Head of Planning (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to the following conditions and informatives –

 

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 plans: P (000) 010 Rev. A, P (000) 111 Rev. H, P (000) 112 Rev. B, P (000) 113 Rev. A, P (000) 211 Rev. A, P (000) 212 Rev. A, P (000) 213 Rev. A, P (000) 311 Rev. A, P (000) 312 Rev. A, P (000) 313 Rev. A, P (000) 314 Rev. B, P (000) 315 Rev. A, P (000) 316 Rev. A, P (000) 317 Rev. A, P (000) 318 Rev. A, P (000) 319 Rev. A and P (000) 402 Rev. B. 

 

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

 

3.      No above ground development shall commence on any phase until there has been submitted to and approved in writing by the Local Planning Authority, a scheme of hard and soft landscaping works for that Phase, which shall include any proposed changes in ground levels and also accurately identify spread, girth and species of all existing trees, shrubs and hedgerows on the site and indicate any to be retained, together with measures for their protection which shall comply with the recommendations set out in the British Standards Institute publication "BS 5837: 2012 Trees in relation to design, demolition and construction.

 

Reason - To ensure a satisfactory standard of landscaping and the protection of retained trees.

 

4.      Any trees dying, being removed or being seriously damaged as a result of the failure to comply with condition 3 shall be replaced in the next planting season (October - March inclusive) with others of similar size and species unless the Local Planning Authority agrees in writing to a variation.

 

Reason - To enable new and existing landscaping to be protected and retained in the interests of visual amenity.

 

5.      The development hereby permitted shall be carried out in accordance with the Arboricultural Impact Assessment by Hallwood Associates (Ref. 10024 APIII 3.0) unless otherwise agreed in writing by the Local Planning Authority. 

 

Reason - To ensure the protection of retained trees in the interests of visual amenity and good arboricultural practice.

 

6.      No above ground development shall commence on any phase until a Landscape Management Plan has been submitted to, and approved in writing by the Local Planning Authority for that phase.  The Landscape Management Plan(s) shall include long term design objectives, management responsibilities and maintenance schedules for all landscape areas, shall be submitted to and approved, in writing, by the local planning authority prior to the first occupation of the development.  The landscape management plan shall be carried out as approved in accordance with the details and timescales in the plan.

 

Reason - To ensure the proper management and maintenance of the approved landscaping in the interests of amenity and the character and appearance of the area.

 

7.      No above ground development shall commence on any phase until details have been submitted to the Local Planning Authority showing boundary treatment (walls fences, hedgerows) for that phase. The approved details shall be implemented as approved prior to occupation of the first unit of development and maintained in the approved form.

 

Reason - To ensure a satisfactory form of boundary treatment.

 

8.      No occupation of any phase of the development shall take place until the following have been provided or completed:

 

a)      A minimum 2m wide footway from the proposed site access along the eastern side of Old Ipswich Road to the pedestrian access to the Crown Inn Public House, then crossing to the existing footway on the western side of Old Ipswich Road utilising the central island;

 

b)      A travel plan which once approved shall be complied with at all times.

 

Reason - To protect highway efficiency of movement and safety and to ensure the proposal site is accessible by more sustainable modes of transport such as public transport, cycling and walking.

 

9.      No phase of the development shall take place before an Environmental Construction Method Statement for the construction of the development hereby approved has been submitted to, and approved in writing by, the Local Planning Authority. The demolition and construction works shall be carried out in accordance with the approved method statement.

 

Details submitted in respect of the method statement, incorporated on a plan, shall provide for wheel cleaning facilities during the excavation, site preparation and construction stages of the development. The method statement shall also include details of the loading and unloading of plant and materials, hours of construction, dust suppression strategy, routing of delivery vehicles, measures to control noise and lighting, the provision of parking facilities for contractors during all stages of the development (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.

 

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

 

10.   No phase of the approved development shall take place 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 in consultation with Essex County Council’s SuDS Team. The scheme shall subsequently be implemented prior to occupation.

 

Reason - To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.

 

11.   No phase of the approved development shall take place until a scheme to minimise the risk of offsite flooding caused by surface water run-off and groundwater during construction works and prevent pollution has been submitted to, and approved in writing by, the local planning authority for that phase. Al phases of the development shall subsequently be implemented as approved.

 

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

 

12.   No phase of the approved development shall take place until 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 of that phase, has been 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.

 

13.   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.

 

14.   No floodlighting shall be installed in any phase of the development until details of the illumination scheme have been submitted to and approved in writing by the Local Planning Authority.  Development shall only be carried out and maintained in accordance with the approved details.

 

Reason - In the interests of amenity to reduce the impact of night time illumination on the character of the area

 

15.   The development hereby permitted shall be carried out in accordance with the Environmental Noise Survey and Noise Impact Assessment produced by paceconsult (ref. PC-18-0328-RP1) unless otherwise agreed in writing by the Local Planning Authority.

 

Reason - To protect neighbouring development from intrusive commercial noise.

 

16.   No phase of the development shall be occupied until a scheme showing the provision to be made for disabled person in that phase has been submitted to and approved by the Local Planning Authority.  Each phase of the development shall be carried out in accordance with the approved details.

 

Reason - to ensure there is suitable access within the site for disabled persons.

 

17.   Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), permitted development rights are hereby removed in respect of Schedule 2 Part 7 Class H (Industrial Buildings) relating to those buildings lying within 20m of the southern boundary of the site.

 

Reason - To protect the amenity of neighbouring occupiers to the south.

 

18.   Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England)  Order 2015 (as amended), permitted development rights are hereby removed in respect of Schedule 2 Part 7 Class F (Office buildings) and relating to those buildings lying within 20m of the southern boundary of the site.

 

Reason - To protect the amenity of neighbouring occupiers to the south.        

 

19.   Unless otherwise authorised in writing by the Local Planning Authority there shall be no external storage, stacking or deposition of goods on the site.

 

Reason - The external storage of goods would detract from the visual amenity of the area.

 

20.   No phase of the development shall commence until a foul water strategy has been submitted to and approved in writing by the Local Planning Authority. No dwellings within the Phase shall be occupied until the works have been carried out in accordance with the foul water strategy so approved unless otherwise approved in writing by the Local Planning Authority.

 

Reason - To prevent environmental and amenity problems arising from foul water.

 

21.   The development hereby permitted shall be carried out in accordance with the Extended Phase 1 Habitat Survey produced by D F Clark Bionomique Ltd (Ref. DFCP 3059) unless otherwise agreed in writing by the Local Planning Authority.

 

Reason – To ensure the proposal does not adversely affect protected species.

 

22.   No unbound materials shall be used in the surface treatment of the proposed vehicular access within 12m of the highway boundary.

 

Reason - To ensure that loose materials are not brought out onto the highway.

 

Informatives

 

1.      Please be advised that no works to the TPO trees shall take place unless consent has been granted under the terms and conditions of the TPO, by the Local Planning Authority. 

 

2.      All work within or affecting the highway is to be laid out and constructed by prior arrangement with and to the requirements and specifications of the Highway Authority; all details shall be agreed before the commencement of works. The applicants should be advised to contact the Development Management Team by email at development.management@essexhighways.org or by post to: SMO1 - Essex Highways, Colchester Highways Depot, 653 The Crescent, Colchester, CO4 9YQ. 

 

3.      The Highway Authority has advised that there is and will not be any future proposal for the roads or footways of this development site to be offered for adoption into the highway network and that all rights and responsibilities will remain private in perpetuity.