Agenda item

Proposed 53no. dwellings and associated landscaping, roads, parking and drainage works.

Councillor Bray had earlier declared for the public record in regards to Planning Application 19/01116/FUL that he was also a Frinton and Walton Town Councillor, however, he had stated that he had not been involved in discussions on the applications at the Town Council and that therefore he was not pre-determined.

 

It was reported that this application had been referred to the Planning Committee at the request of Councillor Miles, the local Ward Member.

 

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.

 

Chris Brooke, a local resident, spoke against the application.

 

Councillor Miles, the local Ward Member, spoke against the application.

 

Aaron Slevin, who was representing the applicant, spoke in support of the application.

 

Following discussion by the Committee, 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)     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.

·        Viability Review Mechanism.

 

b)     The following conditions; and one additional Condition to address foul water drainage.

 

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 not be carried out except in complete accordance with the details shown on the following submitted plans:

          

·        Amended Site Location Plan drawing no. 40974/025

·        Amended Site Layout drawing no.40974/020G

·        Amended Plots 25-28 drawing no. 40974/035

·        Amended Plot type F113-F115-F113 drawing no. 40974/032

·        Amended Plot type F114-F115-F114 drawing no. 40974/013b

·        Amended Plot type F114-F114 drawing no. 40974/011a

·        Amended Plot type F113-F112 drawing no. 40974/010b

·        Amended Plot type F112-F112 drawing no. 40974/08b

·        Amended Plots 29-32 floor plans and elevations drawing no. 40974/005b

·        Amended presentation site layout drawing no. 40974/0024a

·        Amended street scenes drawing no. 40974/023a

·        Amended materials plan drawing no. 40974/022c

·        Amended F113-F114 render drawing no. 40974/034

·        Amended F114-F113 drawing no. 40974/033

·        Amended F114-F114 render drawing no. 40974/014b

·        Amended F113-F112 render drawing no. 40974/012b

·        Amended boundary treatment plan drawing no. 40974/021c

·        Amended F114-F114 hipped drawing no. 40974/031

             

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

 

3         Within 6 months of the commencement of the development hereby approved, a scheme of hard and soft landscaping works for the site, which shall include any proposed changes in ground levels shall have been submitted to and approved in writing by the Local Planning Authority.

           

           Reason - Insufficient information is submitted with the application for consideration of these details.

 

 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 - To ensure the satisfactory implementation of the approved landscaping scheme.

 

 5        No development, other than groundworks and construction of dwellings up to floor level, shall take place until full written details of the refuse facilities for the development have first been submitted to and approved in writing by the Local Planning Authority and such facilities shall be made available before first occupation of the residential area to which it relates.

           

           Reason - Insufficient information is submitted with the application for consideration of these details.

 

 6        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 and the infiltration testing methods found in chapter 25,3 of the CIRIA SuDS Manual C753;

·        Limited discharge rates to 5 l/s for all storm events up to and including the 1 in 100 year rate plus 40% allowance for climate change;

·        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 all storage features can half empty within 24 hours for the 1:100 plus 40% climate change critical storm event;

·        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 Simple Index Approach in chapter 26 of 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.

 

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.

 

 7        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 to prevent pollution has been submitted to, and approved in writing by, the local planning authority. 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.

 

           Construction may lead to excess water being discharged from the site. If dewatering takes place to allow for construction to take place below groundwater level, this will cause additional water to be discharged. Furthermore, the removal of topsoils during construction may limit the ability of the site to intercept rainfall and may lead to increased runoff rates. To mitigate increased flood risk to the surrounding area during construction there needs to be satisfactory storage of/disposal of surface water and groundwater which needs to be agreed before commencement of the development.

 

           Construction may also lead to polluted water being allowed to leave the site. Methods for preventing or mitigating this should be proposed.

 

8         Prior to occupation 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, shall be 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.

 

           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.

 

           Failure to provide the above required information before commencement of works may result in the installation of a system that is not properly maintained and may increase flood risk or pollution hazard from the site.

 

9         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.

 

10       No development or preliminary ground-works can commence until a programme of archaeological evaluation has been secured and undertaken with a Written Scheme of Investigation, which has been submitted by the applicant, and approved by the Local Planning Authority.

 

           Following the completion of the 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, shall be submitted to the local planning authority.

 

           Reason – The proposed development is located within an area with potential for below ground archaeological deposits. The development would result in harm to non-designated assets with archaeological interest.

 

11       No development or preliminary groundwork shall 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 proposed development is located within an area with potential for below ground archaeological deposits. The development would result in harm to non-designated assets with archaeological interest.

 

12       Following completion of any 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 local 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 proposed development is located within an area with potential for below ground archaeological deposits. The development would result in harm to non-designated assets with archaeological interest.

 

13       No development shall commence until a Phasing Plan and Programme for the application site has been submitted to and approved in writing by the Local Planning Authority.  The document shall identify the physical extent of each proposed phase of development with reference to the approved layout and an indicative timescale for implementation of each phase. 

            

           Reason - To ensure a satisfactory development programme in the interests of the occupiers of the development and in terms of local amenity and pedestrian safety.

 

 14      No development, other than groundworks and construction of dwellings up to floor level, shall take place until precise details of the manufacturer and types and colours of the external facing and roofing materials to be used in the construction of that phase have been submitted to and approved, in writing, by the Local Planning Authority.  Such materials so approved shall be those used in that particular phase of development.

          

           Reason - To ensure a satisfactory development in relation to external appearance.

 

15       No development, other than groundworks and construction of dwellings up to floor level, shall take place until full written details of a scheme for the external lighting of the development have been submitted to and approved in writing by the Local Planning Authority. The agreed lighting shall be installed within the development before the first unit is occupied, unless otherwise agreed in writing by the Local Planning Authority.

           

           Reason - Insufficient information is submitted with the application for consideration of these details.

 

16       No development shall take place until precise details of the provision, siting, height, design and materials of all boundary walls and fences which face onto public spaces/highways or private drives have been submitted to and approved in writing by the Local Planning Authority.  The boundary walls and fences so approved shall be erected prior to the building/s to which they relate being first occupied and shall thereafter be retained in their approved form.

          

           Reason - To ensure a satisfactory development in terms of appearance and functionality, in the interests of amenity.

 

17       Prior to the occupation of any of the proposed development the internal road and footway layout shall be provided in principal and in accordance with drawing number: 40974/020F

 

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

 

18       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.

 

19       The proposed development shall not be occupied until such time as the vehicle parking area indicated on the approved plans, has been hard surfaced, sealed and marked out in parking bays.  The vehicle parking area and associated turning area shall be retained in this form at all times. The vehicle parking shall not be used for any purpose other than the parking of vehicles that are related to the use of the development unless otherwise agreed with the Local Planning Authority.

 

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

 

20       As per an in principal with the proposed block plan the main access road shall be provided, but not be limited to, the following aspects;

•           Carriageways measuring no less than 5.5m in width

•           2x2m Footways on both sides of the access road

•           Appropriate pedestrian crossing facilities where appropriate.

•           All internal road junctions should be provided with 25m x 2.4m x 25m vehicular visibility splays.

•           Kerb radii measuring 6m.

•           Any other reasonable items to ensure the access is in accordance with current policy standards.

 

Reason - To ensure that vehicles can enter and leave the highway in a controlled manner in the interest of highway safety.

 

21       Prior to commencement of the development details showing the means to prevent the discharge of surface water from the development onto the highway shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out in its entirety prior to the access becoming operational and shall be retained at all times.

 

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.

 

22       Each vehicular parking space shall have minimum dimensions of 2.9 metres x 5.5 metres and each tandem vehicular parking space shall have minimum dimensions of 2.9 metres x 11 metres to accommodate two vehicles.

 

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

 

23       Cycle parking shall be provided in accordance with the EPOA Parking Standards. The approved facility shall be secure, convenient, covered and provided prior to first occupation and retained at all times.

 

Reason - To ensure appropriate cycle parking is provided in the interest of highway safety and amenity.

 

24       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.

 

25       The finished lower ground floor of all dwellings shall be set no lower than 5.30m above Ordnance Datum (AOD).

          

           Reason - In the interest of safety and resilience in the event of flooding.

 

26       Prior to occupation of the development, the Developer shall be responsible for the provision, to the first owner of each dwelling on the site, of a Residential Travel Information Pack for sustainable transport, approved by the Local Planning Authority, in consultation with Essex County Council, to include six one day travel vouchers for use with the relevant local public transport operator.

          

           Reason - To promote travel from the site by sustainable modes including public transport as an alternative to the private motor car.

 

27       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 include details of:

           i) the use of barriers to mitigate the impact of noisy operations;

           ii) parking of vehicles of site operatives and visitors;

           ii) the loading and unloading of plant and materials; 

           ii) the proposed use of machinery and plant;

           iv) method for piling works;

           v) method for storing and removing waste from the site;

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

           iv) wheel and under-body washing facilities; and

           v) hours of construction and delivery

          

           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.

 

28       The hereby permitted development shall not be occupied until a fibre optic broadband connection installed on an open access basis and directly accessed from the nearest exchange, incorporating the use of resistant tubing, has been installed at the site, in accordance with details that shall be submitted and approved, in writing, by the Local Planning Authority. If the applicant is unable to achieve this standard of connection, and can evidence through consultation that this would not be possible, practical or economically viable an alternative superfast (i.e. will provide speeds greater than 24mbps) wireless service will be considered acceptable.

          

           Reason - To ensure the development is able to be equipped with high speed broadband to enable opportunities for web-based communication and homeworking.

 

29        Notwithstanding the provisions of Article 3, Schedule 2 Part 1 Classes A, B and E of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification), there shall be no additions to the dwellings or the roofs, nor shall any buildings, enclosures, swimming or other pool be erected except in accordance with drawings showing the design and siting of such additions or building(s) which shall previously have been submitted to and approved, in writing, by the Local Planning Authority.

 

           Reason – In the interests of residential and visual amenity.

 

30       No development shall commence until a foul water strategy has been submitted to and approved in writing by the Local Planning Authority. No dwellings shall be occupied until the works have been carried out in accordance with the foul water strategy as approved.

 

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

 

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.

 

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.

    

Conditions Informative

    

Please note that in accordance with Government Legislation a formal application must be made to the Local Planning Authority when submitting details in connection with the approval of details reserved by a condition. A fee of £34 for householder applications and £116 for all other types of application will be required for each written request.

    

Highways Informatives

    

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.

 

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 area(s) 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 carriageway.

 

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 services.

 

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.

 

The Applicant should be advised to contact the Essex County Council travel plan team at travelplanteam@essex.gov.uk to confirm arrangements for the provision of the Residential Travel Information Packs.

 

Drainage Informatives

 

Essex County Council has a duty to maintain a register and record of assets which have a significant impact on the risk of flooding. In order to capture proposed SuDS which may form part of the future register, a copy of the SuDS assets in a GIS layer should be sent to suds@essex.gov.uk

 

Any drainage features proposed for adoption by Essex County Council should be consulted on with the relevant Highways Development Management Office.

 

Changes to existing water courses may require separate consent under the Land Drainage Act before works take place.

 

It is the applicant’s responsibility to check that they are complying with common law if the drainage scheme proposes to discharge into an off-site ditch/pipe. The applicant should seek consent where appropriate from other downstream riparian landowners.

 

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 6066087.

 

Protection of existing assets – A public sewer is shown on record plans within the land identified for the proposed development. It appears that development proposals will affect existing public sewers. It is recommended that the applicant contacts Anglian Water Development Services Team for further advice on this matter. Building over existing public sewers will not be permitted (without agreement) from Anglian Water.

 

Building near to a public sewer – No building will be permitted within the statutory easement width of 3 meters from the pipeline without agreement from Anglian Water. Please contact Development Services Team on 0345 6066087,

 

The developer should note that the site drainage details submitted have not been approved for the purposes of adoption. If the developer wishes to have the sewers included in a sewer adoption agreement with Anglian Water (under Sections 104 of the Water Industry Act 1991), they should contact Anglian Water Development Services Team on 0345 6066087 at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with ‘Sewers for Adoption Guide for Developers’, as supplemented by Anglian Water’s requirements.

 

Other Informatives

 

Essex Police provide a free impartial service to any applicant who wishes to incorporate Crime Prevention through Environmental Design and apply for the police preferred ‘Secured by Design’ accreditation. The applicant is invited to contact Essex Police via designingoutcrime@essex.pnn.police.uk

 

 

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 Section106 planning obligation.