Agenda item

Reserved matters application pursuant to outline planning permission 17/01537/OUT for the creation of phase 2 - 204 dwellings and four commercial buildings, plus associated roads, driveways, parking, footpaths, landscaping and ancillary works.

Minutes:

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 Team Leader (TF) in respect of the application.

 

An update sheet was circulated to the Committee prior to the meeting with details of amended proposed conditions; namely: Condition 1, Condition 6, and Condition 8, 

 

Councillor Coley, a local Ward Member, spoke againstthe application.

 

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

 

a)    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 matters (where relevant)

 

·         Financial contribution towards RAMS

 

b)    the conditions stated below.

 

c)    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 Section 106 planning obligation.

 

Conditions and Reasons

 

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

 

Location Plan – CC011-PL-01 Rev A

Development Layout – CC011-PL-05 Rev C

Detailed Layout – CC011-PL-03 Rev C

Parking Layout – CC011- PL04 Rev C

Storey Heights – CC011-PL-08 Rev C

Landscape Masterplan – CC011-PL-07 Rev C

Walking Route Mitigation Plan – CC011-PL-09 Rev A

Emergency Drive-over Strip Detail – CC011-PL-10

House Type HT3Bd – 212

House Type HT2B – 203 Rev A

House Type HT3Ba – 205 Rev A

House Type HT3Bc – 206 Rev A

House Type HT3Bb – 207 Rev A

House Type HT4Ba – 208 Rev A

House Type HT4Bb – 209 Rev A

House Type HT4Bc – 210 Rev A

House Type HT4Bd – 211 Rev A

House Type HT4Be – 213 Rev 00

Garages Floor Plans & Elevations – CC011-GR

Garages SG1 and SG2 – CC011-GR-01

Garage SG3 – CC011-GR-02

Garage SG3 – CC011-GR-03

Street Elevations – CC011-ST-01 Rev B

Commercial Block ‘A’ Proposed Plans – CC011-CB-A1

Commercial Block ‘A’ Proposed Elevations –CC011-CB-A2

Commercial Block ‘B’ Proposed Plans – CC011-CB-B1

Commercial Block ‘B’ Proposed Elevations – CC011-CB-B2

Commercial Block ‘C’ Proposed Plans – CC011-CB-C1

Commercial Block ‘C’ Proposed Elevations – CC011

Commercial Block ‘D’ Proposed Plan – C011-CB-D1

Commercial Block ‘D’ Proposed Elevations – C011-CB-D2

 

Reason – for the avoidance of doubt and in the interests of proper planning.

 

2.    No development shall commence until details of existing and proposed levels of the site, finished floor levels and identifying all areas of cut or fill, have been submitted to and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the agreed scheme prior to occupation.

 

Reason – To ensure a satisfactory form of development having particular regard to drainage and the provision of level access. 

 

3.    Prior to commencement of development, details of the estate roads, parking courts and footways, (including layout, levels, gradients, surfacing and means of surface water drainage) shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason – To ensure roads/parking courts/footways are constructed to an appropriate standard in the interests of highway safety.

 

4.    The proposed estate roads shall be constructed prior to the commencement of the erection of any residential development proposed to have access from such road and the proposed road and turning space, where applicable shall be constructed in such a manner as to ensure that each dwelling before it is occupied shall be served by a properly consolidated and surfaced carriageway between the dwellings and the existing highway. The footways and footpaths commensurate with the frontage of each dwelling shall be constructed and completed within twelve months from the date of occupation of the dwelling; and a management plan, including management responsibilities and maintenance schedules for all parking areas other than those gorming part of the public highway, or on private domestic property shall be submitted to and approved, in writing, by the Local Planning Authority prior to the first occupation of the development. The management plan shall be carried out as approved in accordance with the details and timescales in the plan.

 

Reason – In the interests of highway safety, to ensure satisfactory access at all stages of development and to ensure the maintenance of shared vehicular surfaces.

 

5.    No development shall take place until:

a)    There has been submitted to and approved in writing by the Local Planning Authority, a scheme of hard and soft landscaping works for the site, to include all areas of open space, all play areas, all amenity areas, all street trees, all verges and all other planted or open areas excluding private residential curtilages. 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. The development shall be carried out in accordance with the approved details.

b)    Existing trees on the site, agreed with the Local Planning Authority for inclusion in the scheme of landscaping (above), have been protected by the erection of temporary protective fences of a height, size and in positions which shall previously have been agreed, in writing, with the Local Planning Authority. The protective fences shall be retained throughout the duration of building and engineering works in the vicinity of the trees to be protected. Any trees dying or becoming severely damaged as a result of any failure to comply with these requirements shall be replaced with trees of appropriate size and species during the first planting season or in accordance with such other arrangement as may be agreed in writing with the Local Planning Authority.

 

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

 

6.    A landscape implementation and management plan for all public areas of the site, including planting schedules and long term design objectives, management responsibilities and maintenance schedules for all hard and soft landscape areas within public areas of the site, shall be submitted to and approved, in writing, by the Local Planning Authority prior to the first occupation of the development. The landscape implementation and management plan shall be carried out as approved in accordance with the details and timescales in the plan.

 

Reason – To ensure the timely implementation, management and maintenance of the approved landscaping in the interests of amenity and the character and appearance of the area.

 

7.    No street lighting or lighting of common area shall be installed until details of an illumination scheme have been submitted to and approved in writing by the Local Planning Authority. Development shall only be carried out 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.

 

8.    Prior to the first occupation of the dwellings , details of cycle storage required to serve each dwelling shall be submitted to and approved in writing by the Local Planning Authority. All cycle storage so approved shall be provided prior to first occupation of the dwelling to which it relates and shall be retained thereafter as approved.

 

Reason – To ensure a satisfactory development in terms of appearance and functionality and sustainability, so that cycling is encouraged as a sustainable means of transport.

 

9.    Any new boundary planting shall be planted a minimum of 1 metre back from the highway boundary and any visible 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.

 

10.  Notwithstanding the provision of Article 3, Schedule 2 Part 3 of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking and re-enacting that Order with or without modification), the commercial buildings hereby approved shall be used as offices and for no other purpose including any other purpose in Class B1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any Statutory instrument and re-enacting that Order with or without modification).

 

Reason – To protect the amenities and privacy of occupiers of adjoining properties and in the interests of visual amenity.

 

Informatives

 

Informative 1: 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 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 be 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.

 

Informative 2: The applicant has advised that it is intended that the roads will be privately maintained and not put forward for adoption.

 

Informative 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.

 

Informative 4: the areas directly adjacent to the carriageway(s) in which the trees are to be planted should not be less than 3 metres wide, exclusive of the footway and the trunks of the trees should be no nearer than 2 metres to the channel line of the road. The same dimensions should be used in situations where the footway is located adjacent to the carriage way.

 

In paved areas, whether or not the planted areas are to be adopted highway, trees should be sited no closer than 2 metres to the defined (or undefined) edge of the carriageway. Where the adopted highway is to be an independent path, trees should be planted no closer than 1 metre from the edge of the highway. In all cases, trees should be provided with root barriers to prevent damage to underground service.

 

Informative 5: On the completion of the Development, all roads, footways/paths, cycle ways, covers, gratings, fences, barriers, grass verges, trees, and any other street furniture within the site and in the area it covers and any neighbouring areas affected by it, must be left in a fully functional repaired/renovated state to a standard accepted by the appropriate statutory authority.

 

Informative 6: 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.

 

Supporting documents: