Agenda item

Demolition of two dwellings and reserved matters application for 110 no. residential units following outline planning permission 15/01710/OUT.

Councillor Bray had earlier declared for the public record in regards to Planning Application 19/01269/DETAIL that he was also a Frinton and Walton Town Councillor, however, he stated that he had not been involved in discussions on the application at the Town Council and was not pre-determined.

 

Councillor Clifton, who was present in the public gallery, had earlier declared for the public record in regards to Planning Application 19/01269/DETAIL that he was the local Ward Councillor and that he was alsoa Frinton and Walton Town Councillor.

 

It was reported that this reserved matters application had been referred to the Committee in accordance with the request made by the Committee at the time it had determined the related outline planning application.

 

Members recalled that planning application 15/01710/OUT (which had sought outline planning permission for the demolition of one dwelling and outline planning permission for the erection of up to 110 no. residential units, with all matters reserved except for access) had been refused by Members contrary to the Officer recommendation.

 

Members were informed that the applicant had appealed that decision and in September 2016 a Planning Inspector had granted the outline permission, subject to a Section 106 legal agreement and nineteen conditions.

 

Members were further informed that the application now before it sought the approval of reserved matters for appearance, landscaping, layout, and scale, pursuant to condition 1 imposed upon the grant of outline planning permission. Approval was also now sought for the erection of 110 dwellings, comprising a mix of 2, 3 and 4-bedroom two-storey houses, including 8 dwellings that were to be gifted to the Council for use as Affordable Housing, in accordance with the Section 106 Agreement secured under the outline permission.

 

It was reported that this application represented an alternative reserved matters proposal to that approved under 18/01728/DETAIL for 105 dwellings in November 2019, following completion of the RAMS legal agreement, which in its turn followed an approval by the Planning Committee on 12 August 2019.

 

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 (AN) in respect of the application.

 

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

 

(1)       Objections raised by Network Rail which had been previously set sent to another Council in error;

(2)       One additional letter of objection; and

(3)       One additional email of objection.

 

Samuel Caslin on behalf of the applicant, spoke in support of the application.

 

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

 

 

a)    The applicant submitting a revised plan showing pedestrian access to south east corner of the site being permanently blocked up and a revised dog walking route plan;

 

b)    removal of condition 16 as set out in the Report;

 

c)    within 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 of £122.30 per dwelling towards RAMS;

 

d)    the following Conditions:

 

Conditions and Reasons

 

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

 

Site Location Plan – TW019-PL-01 

Concept Development Layout – TW019-PL-02 Rev L 

Detailed Layout – TW019-PL03 Rev I 

Landscape Plan – TW019-PL04 Rev H

HA Location Plan – TW019-PL06 Rev G 

Storey Height Plan – TW109-PL08 Rev G

Garden Areas – TW109-PL09 Rev E

Housetype Ashenford NA20a – TW019-HA-NA20a-01 Rev 00

Housetype Ashenford NA20b – TW019-HA-NA20b-02 Rev A

Housetype Coltford NA34 – TW019-HA-NA34-01 Rev 00

Housetype Byford NA32a – TW019-HT-NA32a-01 Rev A

Housetype Byford NA32b (Boarding) – TW019-HT-NA32b-02 Rev A

Housetype Manford NA44 – TW019-HT-NA44-01 Rev B

Housetype Possdale NA40a – TW019-HT-NT40a-01 Rev C

Housetype Possdale NA40c – TW019-HT-NT40c-02 Rev B

Housetype Waysdale NT42 – TW019-HT-NT42-01 Rev B

Housetype Waysdale NT42a – TW019-HT-NT42a-02 Rev C

Housetype Waysdale(Boarding) - NT42b –TW019-HT-NT42b-03 Rev B

Housetype Waysdale NT42c – TW019-HT-NT42c-04 Rev A

Housetype Canford PA25 – TW019-HT-PA25-01 Rev C

Housetype Gosford PA34a – TW019-HT-PA34a-01 Rev C

Housetype Gosford PA34b – TW019-HT-PA34b02 Rev C

Housetype Gosford PA34c – TW019-HT-PA34c-03 Rev A

Housetype Easedale PT36a – TW019-HT-PT36a-01 Rev A

Housetype Easedale PT36c – TW019-HT-PT36c-02 Rev B

Housetype Yewdale PT37a – TW019-HT-PT37a-01 Rev E

Housetype Yewdale PT37b – TW019-HT-PT37b-02 Rev B

Housetype Yewdale PT37c – TW019-HT-PT37c-03 Rev A

Garage Types – TW019-GR-01

Garage Types - TW109-GR-02 

Sub-Station - Tw019-sub-01 rev a

Street Scenes – TW019-ST01 Rev.B

Soft Landscape Proposals 1 of 10 - 19.4068.01.F

Soft Landscape Proposals 2 of 10 - 19.4068.02 D

Soft Landscape Proposals 3 of 10 - 19.4068.03.E

Soft Landscape Proposals 4 of 10 - 19.4068.04.D

Soft Landscape Proposals 5 of 10 - 19.4068.05.E

Soft Landscape Proposals 6 of 10 - 19.4068.06.D

Soft Landscape Proposals 7 of 10 - 19.4068.07.D

Soft Landscape Proposals 8 of 10 - 19.4068.08.D

Soft Landscape Proposals 9 of 10 - 19.4068.09.E

Soft Landscape Proposals 10 of 10 - 19.4068.10.F

Updated Barn Owl Ecological Advice Note (SES, November 2019)

Reptile Mitigation Strategy (SES, November 2019)

Attenuation Basin Plan

Circular Dog Walking Route 19.4668.11

Pump Station Details 5793:101 Rev B

AIA 7658.D.AIA Rev A

Root Investigation 7816-D-R1

Root Investigation 2 7816-D-R1 2

Preliminary Arboricultural Method Statement Proj, 7658 Rev A

Arboricultural Monitoring Report Proj. 7816

 

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

 

2.    All mitigation measures and/or works shall be carried out in accordance with the details contained in the Updated Barn Owl Ecological Advice Note (SES, November 2019) and Reptile Mitigation Strategy (SES, Nov 2019).This may include the appointment of 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.

 

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

 

3.    No development shall take place, including demolition, ground works and vegetation clearance, until a biodiversity monitoring strategy for Barn Owls has 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 fully functioning biodiversity objectives of the originally approved scheme.

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

 

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

 

4.    Prior to the occupation of each dwelling the internal road and footway serving that dwelling shall be provided in principal and accord with drawing number TW019-PL-02 Rev L Concept Layout Drawing.

 

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

 

5.    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, means of enclosure, lighting, 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.

 

6.    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.

 

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.    Each tandem vehicular parking space shall have minimum dimensions of 2.9 metres x 11 metres to accommodate two vehicles and each vehicular parking space shall have minimum dimensions of 2.9 metres x 5.5 metres. All single garages should have a minimum internal measurement of 7m x 3m and all double garages should have a minimum internal measurement of 7m x 5.5m

 

Reason: To ensure adequate space for parking off the highway is provided in the interest of highway safety.

 

9.    Prior to the development above ground level the details of the number, location and design of a covered parking facility for bicycles shall be submitted to and approved in writing by the local planning authority. The approved cycle parking facility shall be provided prior to occupation of each dwelling that it will serve.

 

Reason: To ensure appropriate bicycle parking is provided in accordance with the Council’s adopted Parking Standards.

 

10.  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.

 

11.  The garage hereby permitted on Plots 1, 16, 17, 20, 23, 27, 28, 31, 32, 33, 86, 87, 92, 93, 101, 102 and 110 shall only be used for the parking of vehicles or for domestic storage associated with the dwelling and not used for living accommodation.

 

Reason: To ensure adequate parking and garage space is provided within the site in accordance with the standards adopted by the local planning authority.

 

12.  The bathroom window on the west facing elevation on Plot 2 shall be glazed with obscure glass and shall be so maintained at all times.

 

Reason: In order to safeguard the privacy of adjoining occupiers.

 

13.  Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order) no additional windows, doors, rooflights, or dormer windows, as permitted by Classes A, B and C of Part 1 of Schedule 2, other than those indicated on the approved plans shall be constructed on the western elevation/roof slope of the dwelling hereby permitted on Plot 2 without first obtaining planning permission from the local planning authority.

 

Reason: In order to safeguard the privacy of adjoining occupiers.

 

14.  Prior to occupation of Plots 36, 37, 38, 39, 40 or 41 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.

 

15.  Prior to occupation of Plots 54, 55, 56 or 57 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.

 

16.  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 approved 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.

 

17.  The scheme of landscaping as shown on the approved Soft Landscape Proposals Plans, 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.

 

18.  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.

 

19.  Prior to the first occupation of the development hereby approved, a strategy to ensure that there is a boundary fence between the proposed development and the railway line which conforms to Network Rail design standards, shall be submitted to and approved in writing by the Local Planning Authority. The strategy will include full details of the location, construction and condition of the current boundary fence on the railway boundary and in the event that the part or all the existing fence does not conform to current Network Rail standards, details of how an appropriate boundary fence will be provided. Any works specified in the approved strategy shall be carried out in accordance with the approved strategy prior to the first occupation of the development.

 

Reason: To ensure that the increase in public activity resulting from the development does not result in an increase in trespass or anti-social behaviour on the railway line that would be detrimental to the safety of member of the public and railway users.

 

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) Desktop analysis has suggested that the proposed development will lead to an unacceptable risk of flooding downstream. We therefore highly recommend that you engage with Anglian Water at your earliest convenience to develop in consultation with us a feasible drainage strategy. If you have not done so already, we recommend that you submit a Pre-planning enquiry with our Pre-Development team.

Foul water drainage strategy will need to include a feasible drainage strategy agreed with Anglian Water detailing the discharge solution including:

Development size; Proposed discharge rate (Should you require a pumped connection, please note that our minimum pumped discharge rate is 3.8l/s); Connecting manhole discharge location (No connections can be made into a public rising main); Notification of intention to connect to the public sewer under S106 of the Water Industry Act.

 

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.

 

e)    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 six months, as the requirements necessary to make the development acceptable in planning terms had not been secured through a Section 106 planning obligation.