Agenda item

Demolition of one dwelling and reserved matters application for 105 no. residential units.

Councillors White, V. Guglielmi, Clifton and Stephenson had earlier declared that, with regards to Planning Application 18/01728/DETAIL they were not present on the original site visit for this application and therefore could not take part whilst the Committee deliberated and reached it decision.

 

Members recalled that this application was considered by the Committee at its meeting on 30 July 2019, where it was deferred for further information to be sought regarding the overhead powerlines.

 

The Committee had before it the updated 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 Head of Planning (CB) in respect of the application.

 

An update sheet was circulated to the Committee prior to the meeting with details of one additional neighbour objection received and the officer comments on that additional objection.

 

The Committee was advised that it was the applicant’s intention for the overhead powerlines for the site to be  placed under  ground.

 

 

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

 

1.    Within 6 (six) months of the date of the Committee’s resolution to approve, the completion of a legal agreement under the provisions of section 106 of the Town and Country Planning Act 1990 dealing with the following matter:

 

·         Financial Contribution of £122.30 per new dwelling towards RAMS.

 

2.      Subject to the conditions stated below.

 

3.      That the Head of Planning be authorised to refuse planning permission in the event that such legal agreement has not been completed within the period of 6 (six) months, as the requirements necessary to make the development acceptable in planning terms had not been secured through a s106 planning obligation.

 

Conditions and Reasons

 

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

 

Site Location Plan - 1370/P/01

Master Plan - 1370/P/02 Rev P8

Block Plan – 1370/P/03 Rev P7

Amenity Plan - 1370/P/05 Rev P8

Heights Plan - 1370/P/08 Rev P7

Parking Plan - 1370/P/10 Rev P7

Tenure Plan - 1370/P/11 Rev P7

Highways Plan - 1370/P/12 Rev P7

TPO Reference Plan and Protection - 1370/P/15 P6

Circular Dog Walking Route 1 - 1370/P/16 Rev P1

Circular Dog Walking Route 2 - 1370/P/17

Circular Dog Walking Route 3 – 1370/P18

Housetype A - 1370/P/A/01

Housetype B - Affordable - 1370/P/B/01 Rev P1

Housetype C - 1370/P/C/01 – Rev P1

Housetype C1 - 1370/P/C1/01

Housetype C1 - Affordable - 1370/P/C1/01/A

Housetype D - 1370/P/D1/01 Rev P1

Housetype D1 - 1370/P/D1/01

Housetype D2 - 1370/P/D2/01

Housetype E - 1370/P/E/01

Housetype E1 - 1370/P/E1/01

Housetype F - 1370/P/F/01

Apartment Block 1 – Floor Plans and Elevations - 1370/P/APT1/01 Rev P2

Apartment Block 2 – Affordable - Floor Plans and Elevations - 1370/P/APT2/01 Rev P3

Apartment Block 3 Elevations - 1370/P/APT3/02 Rev P3

Apartment Block 3 Floor Plans - 1370-P-APT3-01 Rev P3

Garage Types - 1370-P-G-01

Sub-Station - 1370/P/S/01 Rev P2

Street Scenes Sheet 1 of 3 - 1370/P/30 Rev P5

Street Scenes Sheet 2 of 3 – 1370/P/31 Rev P2

Street Scenes Sheet 3 of 3 - 1370/P/32 Rev P1

Soft Landscape Proposals 1 of 3 - MC/1511/18/02 A

Soft Landscape Proposals 2 of 3 - MC/1511/18/03 A

Soft Landscape Proposals 3 of 3 - MC/1511/18/01 A

Barn Owl Ecological Advice Note (SES, March 2019)

 

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

 

2.        Prior to commencement of any development, including demolition, groundworks and vegetation clearance, the on-site mitigation and pre-demolition survey shall be carried out in full accordance with the details contained in the Barn Owl Ecological Advice Note (SES, March 2019).  The works shall be undertaken by an appropriately competent person e.g. a suitably qualified ecologist holding a Natural England Barn Owl Licence, 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 in the Barn Owl Ecological Advice Note.

 

Reason: To conserve Protected species and allow the LPA to discharge its duties under the Wildlife and Countryside Act 1981 as amended and s17 Crime & Disorder Act 1998 (wildlife crime).

 

3.        Prior to commencement of any development, including demolition, groundworks and vegetation clearance,a biodiversity monitoring strategy for Barn Owls shall have been submitted to, and approved in writing by, the Local Planning Authority. The purpose of the strategy shall be to monitor the success of the replacement nest box for Barn Owls. The content of the Strategy shall include the following.

a) Aims and objectives of monitoring to match the stated purpose.

b) Identification of adequate baseline conditions prior to the start of development.

c) Appropriate success criteria, thresholds, triggers and targets against which the effectiveness of the various conservation measures being monitored can be judged.

d) Methods for data gathering and analysis.

e) Location of monitoring.

f) Timing and duration of monitoring.

g) Responsible persons and lines of communication.

h) Review, and where appropriate, publication of results and outcomes.

 

A report describing the results of monitoring shall be submitted to the Local Planning Authority at intervals identified in the strategy. The report shall also set out (where the results from monitoring show that conservation aims and objectives are not being met) how contingencies and/or remedial action will be identified, agreed with the Local Planning Authority, and then implemented so that the development still delivers the biodiversity objectives of the originally approved scheme.

 

The monitoring strategy will be implemented in accordance with the approved details.

 

Reason: To allow the LPA to discharge its duties under the UK Habitats Regulations 2017, the Wildlife & Countryside Act 1981 as amended.

 

4.    Prior to installation of the new Barn Owl nest box, as detailed within the Barn Owl Ecological Advice Note (SES, March 2019), fencing to restrict public access shall have been erected in accordance with details to have been previously approved in writing by the Local Planning Authority. The fencing shall restrict public access within the application site a minimum of 75 metres from the new Barn Owl nest box. The fencing as approved shall be retained and maintained for the lifetime of the new Barn Owl nest box.

 

Reason: To allow the LPA to discharge its duties under the UK Habitats Regulations 2017, the Wildlife & Countryside Act 1981 as amended.

 

5.    Prior to the occupation of each dwelling the internal road and footway serving that dwelling shall have been provided in precise accord with drawing numbers 1370/P/03 Rev P7 and 1370/P/12 Rev P7.

 

Reason: To ensure acceptable vehicle and pedestrian access to each dwelling.

 

6.    Prior to the commencement of any above ground works, details of the estate roads and footways, including the three footway links proposed to Thorpe Road and Chapel Lane (including layout, levels, gradients, surfacing, soft landscaping, bollards and means of surface water drainage) shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

Reason: To ensure that roads and footways are constructed to an acceptable standard, in the interests of highway safety.

 

7.    Prior to the commencement of any above ground works, a scheme for on-site foul water drainage works, including connection point and discharge rate, shall be submitted to and approved in writing by the Local Planning Authority. Prior to the occupation of any phase, the foul water drainage works relating to that phase must have been completed in full accordance with the approved scheme.

 

Reason: To prevent environmental and amenity problems arising from flooding.

 

8.    Prior to the commencement of any above ground works, details of the number, location and design of a covered parking facility for bicycles for each dwelling without a garage shall have been submitted to and approved in writing by the Local Planning Authority. The approved facility shall be provided prior to the first occupation of each respective unit and retained as approved thereafter.

Reason: To ensure appropriate cycle parking is provided to encourage cycling as a means of sustainable transport.

 

9.    No dwelling shall be occupied until such time as its car parking/garaging and turning area as shown on the approved plans has been provided. These facilities shall be retained in this form at all times and shall not be used for any purpose other than the parking and turning of vehicles related to the use of the development thereafter.

 

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

 

10. Any new boundary planting shall be planted a minimum of 1 metre back from the highway boundary and any visibility splay.

 

Reason: To ensure that the future outward growth of the planting does not encroach upon the highway or interfere with the passage of users of the highway, to preserve the integrity of the highway and in the interests of highway safety.

 

11. Prior to occupation of Plots 26, 27, 28 or 29 the pedestrian link between the estate road and Thorpe Road, and running between no. 155 Thorpe Road and no. 159 Thorpe Road, shall have been constructed in accordance with the approved details and shall be available for public access and thereafter retained and maintained in the approved form.

 

Reason: To ensure footways are constructed to an acceptable standard and available for the public to use, to encourage more sustainable modes of transport and to reduce reliance on the private car.

 

12. Prior to occupation of Plots 49, 50 or 51 the pedestrian link between the estate road and Thorpe Road, and running between no. 129 Thorpe Road and no. 127 Thorpe Road, shall have been constructed in accordance with the approved details and shall be available for public access and thereafter retained and maintained in the approved form.

 

Reason: To ensure footways are constructed to an acceptable standard and available for the public to use, to encourage more sustainable modes of transport and to reduce reliance on the private car.

 

13. Prior to occupation of Plots 58, 59, 60, 61, 62, 63 or 64 the pedestrian link between the estate road and Chapel Lane, running between no. 22 Chapel Lane and no. 24 Chapel Lane, shall have been constructed in accordance with the approved details and be available for public access and thereafter retained and maintained in the approved form.

 

Reason: To ensure footways are constructed to an acceptable standard and available for the public to use, to encourage more sustainable modes of transport and to reduce reliance on the private car.

 

14. The Residential Travel Packs that are to be provided pursuant to Condition no.12 of planning permission 15/01710/OUT, shall include the following;

 

a)      Information regarding the safe use of level crossings over the railway lines and the dangers of failing to use them properly.

b)      Details of the three circular walking routes to and from the site, which can be used by residents along with specific encouragement for dog walkers to use these routes. 

 

As required by condition no.12 of planning permission (15/01710/OUT) the Residential Travel Information Packs shall have been previously submitted to and approved in writing by the local planning authority, and shall be provided to the first occupant of each new dwelling.

 

Reason: To promote the safe use of railway level crossings and to encourage the future residents to remain on-site for day to day recreation/dog walking, so as to minimise pressures upon Hamford Water SPA and Ramsar, Colne Estuary SPA and Ramsar, Blackwater Estuary SPA and Ramsar, Dengie SPA and Ramsar, and Essex Estuaries SAC pursuant to the emerging Essex Coast Recreational disturbance Avoidance and Mitigation Strategy.

 

15. The scheme of landscaping as shown on drawing numbers MC/1511/18/02 A, MC/1511/18/03 A and MC/1511/18/01 A, or such other scheme as may be agreed in writing by the local planning authority, shall be carried out during the first available planting season after the commencement of the development.  Any trees or plants which die, are removed or become seriously damaged, or diseased within a period of five years from the completion of the development shall be replaced in the next planting season with others of a similar size and species unless the local planning authority gives written consent to any variation.

 

Reason: To ensure a satisfactory scheme of hard and soft landscaping to enhance the appearance of the development.

 

16. Prior to the commencement of any above ground works, full details of the route of the underground power line shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

Reason: As insufficient information has been provided with the application, in the interests of visual and residential amenity, and the Grade II listed building Mill House at 127 Thorpe Road.

 

Informatives

 

1) 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

The Highway Authority cannot accept any liability for costs associated with a developer's improvement. This includes design check safety audits, site supervision, commuted sums for maintenance and any potential claims under Part 1 and Part 2 of the Land Compensation Act 1973. To protect the Highway Authority against such compensation claims a cash deposit or bond may be required. 

 

2) All housing developments in Essex which would result in the creation of a new street (more than five dwelling units communally served by a single all-purpose access) will be subject to the Advance Payments Code, Highways Act, 1980. The Developer will be served with an appropriate notice within 6 weeks of building regulations approval being granted and prior to the commencement of any development must provide guaranteed deposits which will ensure that the new street is constructed in accordance with acceptable specification sufficient to ensure future maintenance as a public highway by the ECC.

 

3) Prior to occupation, the development shall be served by a system of operational street lighting of design approved from the Highway Authority along the Primary route, which shall thereafter be maintained in good repair.

 

4) Any tree planting proposed within the highway must be agreed with the Highway Authority. Trees must be sited clear of all underground services and visibility splays and must be sympathetic to the street lighting scheme. All proposed tree planting must be supported by a commuted sum to cover the cost of future maintenance, to be agreed with the Highway Authority.

 

5) Notification of intention to connect to the public sewer under S106 of the Water Industry Act Approval and consent will be required by Anglian Water, under the Water Industry Act 1991. Contact Development Services Team 0345 606 6087.

 

6) Anglian Water advise that they have assets close to or crossing this site or there are assets subject to an adoption agreement. Therefore, the site layout should take this into account and accommodate those assets within either prospectively adoptable highways or public open space. If this is not practicable then the sewers will need to be diverted at the developers cost under Section 185 of the Water Industry Act 1991. or, in the case of apparatus under an adoption agreement, liaise with the owners of the apparatus. It should be noted that the diversion works should normally be completed before development can commence.

 

7) Given the close proximity to the operational railway line, if and before any works are undertaken the developer would need to engage with the ASPRO team (AssetProtectionAnglia@networkrail.co.uk) to ensure the protection of the railway line.

 

8) Legal Agreement Informative - Recreational Impact Mitigation

 

This application is the subject of a legal agreement and this decision should only be read in conjunction with this agreement.  The agreement addresses the following issues: mitigation against any recreational impact from residential developments in accordance with Regulation 63 of the Conservation of Habitat and Species Regulations 2017.