Agenda item

Erection of 41 no. residential dwellings, open space, allotments, parking, access and landscaping.

Councillor Scott, who was present in the public gallery, had earlier declared for the public record that he was one of the local Ward Councillors for Planning Application 18/01884/FUL.

 

Councillor Wiggins, who was present in the public gallery, had earlier also declared for the public record that she was one of the local Ward Councillors for Planning Application 18/01884/FUL.

 

It was reported that, following the approval of planning application 14/01292/OUT on this site for 20 units, a community hall, playing field and allotments, a further housing development at Charity Field, Elmstead Market, had been allowed on appeal which had also made provision for a new community hall, allotments and public open space. Therefore, following the Charity Field approval the applicant had approached the local Parish Council to ascertain which location would be preferable for the new community hall and playing field. Consequently, the Parish Council had formed a sub-committee which advised the applicant that the Charity Field site would be the preferred option and as a result the Charity Field applicant had advised this Council that it would be their intention to develop a new community hall as part of their development alongside an area of open space.

 

It was further reported that it was the applicant's intention to include a financial contribution of £400,000 to assist in the delivery of a fully functioning community hall on the Charity Field site, whilst utilising the remaining land for the provision of additional housing.

 

Members were informed that Officers were content that subject to the imposition of reasonable planning conditions and Section 106 planning obligations that the general principle of this level of development on the site was acceptable. It was in keeping with both the site’s location on the edge of the village along with the need to facilitate on-site strategic landscaping, open space and the retention of existing landscape features. Furthermore, the proposal would ensure that the living conditions of existing and future residents would be protected from any materially detrimental impacts whilst significantly boosting housing supply within the District in line with the Council’s own emerging Local Plan.

 

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 Temporary Planning Team Leader (TF) in respect of the application.

 

An update sheet had been circulated to the Committee prior to the meeting with details of amendments to Conditions 12 and 22.     

 

Mr Fairweather, on behalf of the Community Centre Committee, spoke in support of the application.

 

Councillor Paul Beard, the Chairman of Elmstead Market Parish Council, spoke on the application.

 

Councillor Scott, a local Ward Member, spoke on the application.

 

Robert Pomery, the agent on behalf of the applicant, spoke in support of the application.

 

Following discussion by the Committee, it was moved by Councillor Bray, 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:

 

a)    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 towards RAMS

·         Affordable Housing Provision 20% (8 units)

·         Education contribution - £172,307

·         Community Hall at Charity Field - £400,000

·         Open Space/Allotments – Transfer to management company or Elmstead Parish Council

 

b)    the following Conditions:

 

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.         No above ground works 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 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.

 

Reason - The development is publicly visible and therefore sympathetic materials are a visually essential requirement.

 

3.         No above ground works shall take place until 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, 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 - In the interest of visual amenity and the character of the area.

 

4.         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 - In the interest of visual amenity and the character of the area.

 

5.         No above ground works shall take place until precise details of the provision, siting, design and materials of screen walls and fences have been submitted to and agreed in writing by the Local Planning Authority. The approved screen walls and fences shall be erected prior to the first occupation of the approved dwelling and shall be retained thereafter in the approved form.

 

Reason - In the interests of visual and residential amenity.

 

6.         Prior to the first occupation of the development, the proposed road junction at its bell mouth junction with Church Road shall be constructed at right angles to the highway boundary and to the existing carriageway as previously approved and shown on, drawing no. J62 1/ 09 to a carriageway width of 5.5 metres with 2 metre width footways on both sides on both sides of the junction.

 

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.

           

7.         Prior to the occupation of any of the proposed development the internal road and footway layout shall be provided in accord with Drawing numbers:

 

- X571-PL-SK-002 Rev P02 - Internal Road Layout Swept Path Analysis.

- 17/28/03 Rev F - Proposed Site Plan

 

Reason - To ensure that vehicles using the site access do so in a controlled manner, in the interests of highway safety.

 

8.         Prior to the commencement of development, details of the estate roads 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 that roads and footways are constructed to an acceptable standard, in the interests of highway safety.

 

9.         Prior to first occupation of the site the provision of the following is required:

           

A footway as per CCE Drawing X571-PL-SK-003 Rev P04 (Proposed Site Access) associated drop kerbs and tactile paving to the specifications of the Highway Authority.

 

Reason - To make adequate provision within the highway for the additional pedestrian traffic generated within the highway as a result of the proposed development and to provide a link with the existing footway within Church Road.

 

10.       Prior to occupation of the proposed dwelling, the Developer shall be responsible for the provision and implementation of a Residential Travel Information Pack for sustainable transport, approved by Essex County Council, to include six one day travel vouchers for use with the relevant local public transport operator free of charge.

 

Reason - In the interests of reducing the need to travel by car and promoting sustainable development and transport.

 

11.       No phase of development shall commence until a Construction Method Statement has been submitted to and approved, in writing, by the Local Planning Authority for that particular phase. The statement shall include:

           

i)    the parking of vehicles of site operatives and visitors;

ii)   the loading and unloading of plant and materials;

iii)  storage of plant and materials used in constructing the development;

iv)  details of noise, dust, emission and lighting control measures;

v)  wheel and under-body washing facilities; and

vi)  hours of construction.

           

            The development shall be carried out in accordance with the statement so approved.

           

            Reason - To ensure that the development takes place in a satisfactory manner with regard to its impact on amenity and highways in the local area.

 

12.       All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Ecological Survey Report (as prepared by MHE Consulting LTD), as submitted with the planning application and agreed in principle with the local planning authority. This may include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW) 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 and enhance Protected and Priority species and allow the LPA to discharge its duties under the UK Habitats Regulations, the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species).

 

13.       Prior to any works above slab level being commenced a Biodiversity Enhancement Strategy for Protected and Priority species shall be submitted to and approved in writing by the local planning authority.

 

The content of the Biodiversity Enhancement Strategy shall include the following:

a) Purpose and conservation objectives for the proposed enhancement measures;

b) detailed designs to achieve stated objectives;

c) locations of proposed enhancement measures by appropriate maps and plans;

d) persons responsible for implementing the enhancement measures;

e) details of initial aftercare and long-term maintenance (where relevant).

 

The works shall be implemented in accordance with the approved details and shall be retained in that manner thereafter.”

 

Reason - To enhance protected and Priority species & habitats and allow the LPA to discharge its duties under the s40 of the NERC Act 2006 (Priority habitats & species).

 

14.       Prior to first occupation a lighting design scheme for biodiversity shall be submitted to and approved in writing by the local planning authority. The scheme shall identify those features on site that are particularly sensitive for bats and that are likely to cause disturbance along important routes used for foraging; and show how and where external lighting will be installed (through the provision of appropriate lighting contour plans, lsolux drawings and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory.

 

All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

 

Reason - To allow the LPA to discharge its duties under the UK Habitats Regulations 2017, the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species).

 

15.       No works shall take place until a detailed surface water drainage scheme for the site, 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. The scheme should include but not be limited to:

- Verification of the suitability of infiltration of surface water for the development. This should be based on infiltration tests that have been undertaken in accordance with BRE 365 testing procedure. This testing should be located at all locations of proposed infiltration.

- Provide sufficient storage to ensure no off site flooding as a result of the development during all storm events up to and including the 1 in 100 year plus 40% climate change event.

- Demonstrate that features are able to accommodate a 1 in 10 year storm events within 24 hours of a 1 in 100 year event plus climate change.

            - Final modelling and calculations for all areas of the drainage system.

- The appropriate level of treatment for all runoff leaving the site, in line with the CIRIA SuDS Manual C753.

- Detailed engineering drawings of each component of the drainage scheme.

- A final drainage plan which details exceedance and conveyance routes, FFL and ground levels, and location and sizing of any drainage features.

- A written report summarising the final strategy and highlighting any minor changes to the approved strategy.

 

            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. To ensure the effective operation of SuDS features over the lifetime of the development. To provide mitigation of any environmental harm which may be caused to the local water environment. Failure to provide the above required information before commencement of works may result in a system being installed that is not sufficient to deal with surface water occurring during rainfall events and may lead to increased flood risk and pollution hazard from the site.      

 

16.       No works 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. The scheme should clearly show how surface water will be managed and discharged during constriction. The scheme shall subsequently be implemented as approved.

 

Reason - The National Planning Policy Framework paragraph 163 and paragraph 170 state that local planning authorities should ensure development does not increase flood risk elsewhere and does not contribute to water pollution.

 

17.       No works 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, 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. If features are to be maintained by homeowners, they should be given clear instructions on what needs doing, how it is to be done, and they can have maintenance done on their behalf by a maintenance company.

 

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.

 

18.       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.

 

19.       Prior to the construction above damp proof course, 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 carried out in complete accordance with the approved scheme.

 

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

 

20.       Prior to the commencement of the development details of the safety netting to be providing along the southern boundary of the site shall be submitted to and approved, in writing, by the Local Planning Authority. The approved safety netting shall be erected prior to the first occupation of the development and retained as approved thereafter.

 

            Reason – In the interests of health and safety due to the presence of a cricket pitch to the south of the site.

 

21.       Each dwelling with on-plot garage parking shall be provided with a vehicle charging point. The charging point shall be provided prior to occupation of each such dwelling.

 

            Reason - To enhance the sustainability of the proposed development.

 

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

 

- 17/28/13/B

- 17/28/03/F

- X571-PL-SK-002 P01

- X571-PL-SK-002 P02

- X571-PL-SK-003 P4

- 1809-211-ST003

- 1809-211-ST004 REV A

- 1809-211-ST001 REV B

- 17/28/06 Rev A

- 17/28/07

- 17/28/08

- 17/28/09

- 17/28/10

- 17/28/11 Rev A

- 17/28/04

 

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

 

Informatives

 

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.

 

Highway Informative

 

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.

Prior to the commencement of any work on the site a joint inspection of the route to be used by construction vehicles should be carried out by the applicant and the Highway Authority, to include photographic evidence. The route should then be inspected again, after completion of the development, and any damage to the highway resulting from traffic movements generated by the application site should be repaired to an acceptable standard and at no cost to the Highway Authority.  The Highway Authority may also wish to secure a commuted sum for special maintenance to cover the damage caused to the existing roads used as access by vehicles servicing the application site.

The construction vehicle route to the site should be clearly signed and a strict regime of wheel washing and street cleaning should be in place.

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.

 

S106 Informative

 

The applicant is reminded that this permission is linked to a planning obligation under Section 106 of the Town and Country Planning Act 1990.

 

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