Agenda item

Construction of 4 Houses & 4 Bungalows including slight alterations to Number 19 The Street.

The Committee was aware that an Unilateral Undertaking had already been completed to secure a financial contribution towards RAMS of £122.30 per dwelling and a contribution towards providing improved facilities at the nearest play area at Halstead Road.

 

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 (MP) in respect of the application.

 

An update sheet was circulated to the Committee prior to the meeting with details of amendments to the Officer report.

 

Lucille Cowell, the applicant, spoke in support of the application.

 

Following discussion by the Committee, it was moved by Councillor McWilliams seconded by Councillor Harris and 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, drawing numbers 096/1a, 096-2, 096-3, 096/4, 096-5, 096-6, 096/8, 096-9, 096/10, and the documents titled 'Site Location Plan', 'Phase 1 Habitat Survey', 'Great Crested Newt Assessment', 'Arboricultural Report' and 'Planning Statement'.

           

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

 

 3    Prior to the first occupation of the development, the proposed road junction at its bell mouth junction with The Street shall be constructed at right angles to the highway boundary and to the existing carriageway as shown in principle in the Proposed Block Plan, drawing no.096/1 to a carriageway width of 5.5 metres straight for at least the first 10 metres with 2 metre width footway on both sides with the proposed footway to connect to the existing footway at its junction with The Street.

           

Reason - To ensure that all vehicular traffic using the junction may do so in a controlled manner and to provide adequate segregated pedestrian access, in the interests of highway safety.

 

 4    Prior to first occupation of the development, the access at its centre line shall be provided with a visibility splay with dimensions of 2.4 metres by 43 metres in both directions, as measured from and along the nearside edge of the carriageway. Such vehicular visibility splays shall be provided before the access is first used by vehicular traffic and retained free of obstruction above 600mm at all times.

      

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.

 

 5    No unbound materials shall be used in the surface treatment of any proposed vehicular access within 6 metres of the highway boundary.

           

Reason - To avoid displacement of loose material onto the highway in the interests of highway safety.

           

 6    There shall be no discharge of surface water onto the Highway.

           

Reason - To prevent hazards caused by water flowing onto the highway and to avoid the formation of ice on the highway in the interest of highway safety.

 

 7    Prior to first occupation of the development the size 3 vehicular turning facility shown in principle in the Block Plan, drawing no. 096/1a 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.

 

 8    Prior to first occupation of the development vehicle parking shall be provided in accordance with the EPOA Parking Standards as shown in principle in the Proposed Site Plan, drawing no.096/1a constructed ready for use. The vehicle parking area and associated turning area shall be retained in the agreed form at all times.

           

Reason - To ensure that on street parking of vehicles in the adjoining streets does not occur in the interests of highway safety.

 

 9    No development shall take place, including any ground works or demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

           

       i. the parking of vehicles of site operatives and visitors

       ii. loading and unloading of plant and materials

       iii. storage of plant and materials used in constructing the development

       iv. wheel and underbody washing facilities

           

Reason - To ensure that on-street parking of these vehicles in the adjoining streets does not occur and to ensure that loose materials and spoil are not brought out onto the highway in the interests of highway safety.

 

10   Prior to the commencement of any above ground works, a scheme of hard and soft landscaping works for the site shall be submitted to and approved, in writing, by the Local Planning Authority. The scheme 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 enhance the visual impact of the proposed works.

 

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 enhance the visual impact of the proposed works.

 

12   No development or preliminary ground-works can commence until a programme of archaeological trial trenching has been secured and undertaken in accordance with a Written Scheme of Investigation, which has been submitted by the applicant, and approved by the planning authority. Following the completion of this initial phase of archaeological work, 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, shall be submitted to the local planning authority.

           

Reason - The Tendring Historic Environment Characterisation project and Essex HER show that the proposed development is located within an area with potential for below ground archaeological deposits.

 

13   No development or preliminary groundwork can commence on those areas of the development site containing archaeological deposits, until the satisfactory completion of archaeological fieldwork, as detailed in the mitigation strategy, which has been signed off by the local planning authority.

           

Reason - The Tendring Historic Environment Characterisation project and Essex HER show that the proposed development is located within an area with potential for below ground archaeological deposits.

 

14   Following completion of the archaeological fieldwork, the applicant will submit to the local planning authority a post-excavation assessment (within six months of the completion date, unless otherwise agreed in advance with the 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 Tendring Historic Environment Characterisation project and Essex HER show that the proposed development is located within an area with potential for below ground archaeological deposits.

 

15   No development shall be commenced until precise details of the manufacturer and types and colours of the external facing and roofing materials to be used in construction of the first floor extension have been submitted to and agreed, in writing, by the Local Planning Authority. Such materials as may be agreed shall be those used in the development unless otherwise agreed, in writing, at a later date with the Local Planning Authority.

           

Reason - The application relates to land adjacent to a listed building and conservation area and therefore suitable external facing and roofing material are necessary in order to preserve and enhance the historic character and integrity of that building.

 

16   Before any work is commenced drawings to a scale of not less than 1: 20 fully detailing the new windows, rooflights, doors and their surrounds to be used and indicating; materials, cross sections for glazing bars, sills, heads etc at a scale of 1:20, method of opening and method of glazing shall be submitted to and approved in writing by the Local Planning Authority. The approved works shall be installed/carried out in complete accordance with the approved details.

                       

Reason - The application and is adjacent to both a listed building and conservation area and therefore such details are necessary in order to preserve and enhance the historic character and integrity of the area.

 

17   No development hereby permitted shall commence until the specific requirements of paragraphs numbered 1 to 3 below have been satisfied.  If unexpected contamination is found after development has commenced, no further development shall be carried out on that part of the site affected by the unexpected contamination until the requirements of paragraph 4 have been complied with in relation to such contamination.

           

1. Site Characterisation - An investigation and risk assessment, in addition to any assessment provided within the planning application, shall be carried out in accordance with a scheme to assess the nature and extent of any contamination of the site.  The investigation and risk assessment shall be undertaken by a competent person and a written report of the findings shall be submitted to and approved in writing by the Local Planning Authority.  The report shall include:

           

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

           

(ii) an assessment of the potential risks to:  human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, ground waters and surface waters,  ecological systems, archaeological sites and ancient monuments; and

           

(iii) an appraisal of options for remediation and a proposal with preferred option(s). This appraisal shall be conducted in accordance with the Environment Agency Model Procedures for the Management of Land Contamination (CLR 11).

           

2. Submission of Remediation Scheme - A detailed Remediation Scheme to ensure that the site is suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include all works of remediation to be undertaken, remediation objectives and criteria, timetable of works and related site management procedures. The scheme shall ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the use of the land after remediation.

           

3. Implementation of Approved Remediation Scheme - The Remediation Scheme required under paragraph 2 above shall be carried out in accordance with its terms prior to the commencement of any works of construction on site unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority shall be notified in writing a minimum of two weeks prior to commencement of the remediation scheme works of the date that the remediation works will commence.  Following completion of the measures identified in such approved Remediation Scheme, a verification report to demonstrate the effectiveness of the remediation carried out shall be submitted to the Local Planning Authority. 

           

4. Reporting of Unexpected Contamination - In the event that contamination is found which was not previously identified, it shall be reported in writing immediately to the Local Planning Authority.  An investigation and risk assessment shall then be undertaken in accordance with the requirements of paragraph 1 above and, where remediation is necessary, a new Remediation Scheme shall be prepared in accordance with the requirements of paragraph 2 above and submitted to and approved in writing by the Local Planning Authority.  Following completion of all necessary measures identified in such Remediation Scheme as may be approved, a verification report shall be submitted to and approved in writing by the Local Planning Authority in accordance with paragraph 3 above.  In such circumstances, no further works of development shall be carried out to that part of the site until such time as the requirements of this paragraph have been satisfied.

           

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

 

18   The recommendations as highlighted within Section 6 of the submitted Phase 1 Habitat Survey shall be implemented prior to occupation of the dwelling and maintained in perpetuity thereafter.

           

Reason - In order to enhance the development of the site for local wildlife.

 

Informatives

 

All rainwater goods should be black and of cast metal, and all electrical and telephone services to the development should be run underground.

 

Positive and Proactive Statement

           

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.