Agenda item

The development applied for relates to the construction of a children’s adventure play area on the application site with associated new access from the B1027, car parking area and hard/soft landscaping. The development would comprise of; a main building accommodating indoor play, café and ticketing area, various children play zones, a maze and a woodland walk trail.

Councillor Scott had earlier declared a personal interest in Planning Application 19/01856/FUL Alresford Hall, Ford Lane, Alresford CO7 8AY due to being a Ward Member.

 

The Committee was informed that the development applied for related to the construction of a children’s adventure play area on the application site with associated new access from the B1027, car parking area and hard/soft landscaping. The development comprised of: a main building accommodating indoor play, café and ticketing area, various children play zones, a maze and a woodland walk trail.

 

The Committee was further informed that the application site encompassed land which hosted the former Whistleberry Nursery (to the rear and east of Alresford Hall). Alresford Hall (Grade II Listed) and its grounds are situated approximately 1.6 km south of Alresford and 10 kilometres south-east of Colchester. The site was located outside of the defined settlement boundary for Alresford in both the saved and emerging local plan and within a coastal protection belt within the saved plan only.

 

Taking into consideration the three strands of sustainability namely economic, social and environmental considerations the development was considered by Officers to represent a sustainable development by: creating local job opportunities, attracting additional visitors to the District, promoting children’s interaction with nature, and retaining and strengthening existing landscaping and biodiversity enhancements.

 

The application and supporting documents/surveys had demonstrated that there would be no overriding harm which could not be mitigated in respect of heritage, landscape, ecology or highways considerations. The proposed development would reuse part of the estate which had been previously developed and would provide a unique visitor attraction within the District for families.

 

Subject to the recommended conditions within section 8.2 of this report, the proposal was considered by Officers to be acceptable with no material harm to visual or residential amenity, heritage assets, ecology interests or highway safety, and the application was therefore recommended for approval.

 

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 Officer (ML) in respect of the application.

 

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

 

(a)      An amendment to Condition 2 (Approved Plans) to reflect correct ‘Access Arrangements Plan’ and Condition 18 (Shuttle Bus) to reflect ECC-Highway’s wording as follows:

 

2) The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

- 663-100C

- 663-101B

- S01 Rev B

- S02 Rev C

- B01

- 2019-F-006-009

- Ground Floor Plan – Main Building

- Proposed Mezzanine & Roof Plan – Main Building

- Proposed North & East Elevations – Main Building

- Proposed South and West Elevations – Main Building

- Toilet/Changing Floor Plans and Elevations

 

Reason – For the avoidance of doubt.

 

18)  Within two years of the opening of the attraction; in year two a free shuttle minibus service; in principal, will operate between the site and Alresford railway station during Bank Holidays and the local school holiday periods; the service/ frequency and route will:

- be agreed and finalised by both the developer, ECC as part of the Travel Plan monitoring and Community Rail Partnership.

- The Community Rail Partnership will help promote travel to the park by train, with leaflets and social media.

- At the end of year two the service will be reviewed, with further monitoring occurring annually on the anniversary of site occupation for a period of five years. This review/monitoring is to be provided to Essex County Council as local highway authority as part of the Travel Plan monitoring and will look at but not restricted to what impact the promotion to use the train has had; changes in car park capacity during these periods and perceived traffic congestion getting to and from the attraction.

 

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

 

(b) An additional proposed Condition

- The proposed go-karts shall be peddle go-karts only and not engine powered or electric. 

Reason – In the interests of visual amenity and biodiversity.

 

(c)        Environment Agency Comments

Because a decision has been taken not to connect to mains drainage the applicant needs to justify why this is the case and identify that measures are in place to prevent environmental damage. The submitted documents look to have satisfied this requirement.

 

(d)      Coastal Protection Belt Designation

Saved policy EN3 of the adopted local plan is relevant as the site is designated as protected Coastal Protection Belt in the adopted plan. However, it is noted that the site is well-contained and not viewed as part of a wider coastal landscape.

 

This stance is supported by the removal of the Coastal Protection Belt designation in the emerging local plan and indicates it is the Council’s intention to not specifically allocate this site as a protected landscape.

 

The examination of the emerging local plan has commenced and therefore policies contained within the document can be afforded moderate weight.

 

Paragraph 47 of the National Planning Policy Framework is clear in that it states ‘Planning law requires that applications for planning permission be determined in accordance with the development plan, unless material considerations indicate otherwise’. In this instance the removal of the Coastal Protection Belt designation in the emerging local plan is considered to represent a material planning consideration that can be given a good degree of weight.

 

It is evident that the adopted local plan relies on old data and outdated Government guidance. The Coastal Protection Belt for example was an old County level designation carried over from the (now abandoned) Essex Structure Plan. The broad areas of Coastal Protection (which in many cases travel far inland) were reduced within the emerging local plan in order to focus upon the undeveloped coast of the District. Although the emerging local plan cannot be afforded full weight in the decision-making process, it provides a clear indication of the council’s direction of travel and it aligns with the policies of the National Planning Policy Framework in respect of achieving growth of the rural economy, farm diversification and the development of rural tourism.

 

Consequently, officers are of the view that the removal of the Coastal Protection Belt designation in the emerging local plan in conjunction with the limited landscape impacts of the development should be given a good degree of weight in the determination of this application.

 

Nick White, a local resident, spoke in support of the application.

 

Andrew Tabachnik QC representing  the Objectors) spoke against the application.

 

Councillor Scott, a Ward Member, spoke on the application. He was neither for nor against the application.

 

Susie Marsden, the applicant, spoke in support of the application.

 

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

 

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 be carried out in accordance with the following approved plans/documents

                - 663-100C

                - 663-101B

                - S01 Rev B

                - S02 Rev C

                - B01

                - 2019-F006-001 Rev C

                - Ground Floor Plan – Main Building

                - Proposed Mezzanine & Roof Plan – Main Building

                - Proposed North & East Elevations – Main Building

                - Proposed South and West Elevations – Main Building

                - Toilet/Changing Floor Plans and Elevations

 

Reason – For the avoidance of doubt.

 

3.            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 of all elements of the development 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.

 

4.            All changes in ground levels, hard landscaping, planting, seeding or turfing shown the approved landscaping details drawing nos. 663-100C and 663-101B 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 implementation of the approved scheme and adequate maintenance of the landscaping for a period of five years in the interests of visual amenity.

 

5.            Prior to the commencement of any above ground works full design details of the various play areas shall be provided including scaled drawings of the various pieces of play equipment in accordance with the submitted scale parameters. The play areas shall be constructed in accordance with the approved details.

 

Reason – In the interests of visual amenity.

 

6.            All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Ecological Impact Assessment (Naturally Wild, January 2020), as already submitted with the planning application and agreed in principle with the local planning authority prior to determination. This is to include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW,) to provide on-site ecological expertise during construction of the woodland pathways. 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).

 

7.            No development shall take place (including any demolition, ground works, site clearance) until a Reptile Mitigation Strategy to include details of the receptor site, has been submitted to and approved in writing by the local planning authority.

 

The content of the method statement shall include the following:

a)            purpose and objectives for the proposed works;

b)            detailed design(s) and/or working method(s) necessary to achieve stated objectives (including, where relevant, type and source of materials to be used);

c)            extent and location of proposed works shown on appropriate scale maps and

   plans;

d)            timetable for implementation, demonstrating that works are aligned with the proposed phasing of construction

e)            persons responsible for implementing the works;

f)             initial aftercare and long-term maintenance (where relevant);

g)            The works shall be carried out strictly in accordance with the approved details and shall be retained in that manner thereafter.

 

Reason - To conserve Protected and Priority species and allow the LPA to discharge its duties under the UK Habitats Regulations 2017, the Wildlife & Countryside Act 1981 as amended, s40 of the NERC Act 2006 (Priority habitats & species) and s17 Crime & Disorder Act 1998.

 

8.            No above ground works shall take place until a Biodiversity Enhancement Layout, providing the finalised details and locations of enhancement measures, has been submitted to and approved in writing by the local planning authority. The enhancement measures shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.

 

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

 

9.            No above ground works shall take place until a lighting design scheme for biodiversity has been 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).

 

10.          A Landscape and Ecological Management Plan (LEMP) for Crestland Wood LoWS shall be submitted to, and be approved in writing by, the local planning authority in consultation with Essex Wildlife Trust, prior to beneficial use of the development.

 

The content of the LEMP shall include the following:

a)            Description and evaluation of features to be managed within the LoWS woodland.

b)            Ecological trends and constraints on site that might influence management.

c)            Aims and objectives of management.

d)            Appropriate management options for achieving aims and objectives.

e)            Prescriptions for management actions including fencing of woodland pathways.

f)             Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).

g)            Details of the body or organisation responsible for implementation of the plan.

h)            Ongoing monitoring and remedial measures.

 

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan 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 and s40 of the NERC Act 2006 (Priority habitats & species).

 

11.          No development shall take place until a Construction Traffic Management Plan, which shall be adhered to during the construction phase of development, has been submitted to and approved in writing by the Local Planning Authority.

                                                                                                                

The Plan should include details regarding any temporary traffic management/signage and wheel cleaning facilities for the duration of the construction phase to prevent the deposition of mud or other debris onto the highway network/public areas, turning and parking facilities for delivery/construction vehicles within the limits of the application site together with an adequate parking area for those employed in developing the site.

 

Reason - In the interests of highway safety and efficiency.

 

12.          The opening of the attraction shall not take place until the following highway works/requirements have been completed:

 

a)            A priority junction off B1027 Tenpenny Hill with ghosted right turn lane to provide access to the proposal site with Kerb radii measuring a minimum of 8 metres with a 2 metre-wide footway provide around each kerb radii and extended to the nearest crossing point and resurfacing of the full width of the carriageway for the extent of the ghosted right turn lane.

 

b)            The road junction / access at its centre line shall be provided with a clear to ground visibility splay with dimensions of 2.4 x 136 metres northwest bound and 2.4 x 160 metres southeast bound, as measured from and along the nearside edge of the carriageway. Such vehicular visibility splays shall be provided before the road junction / access is first used by vehicular traffic and retained free of any obstruction at all times.

 

c)            Improvements to footways to an affective width of 2 metres from the two closest bus stops to the proposed junction and encompassing the introduction of associated tactile paving for any crossing points and the provision of a 2m wide pedestrian pathway within the site from the new junction to the entrance of the attraction.

 

d)            To current Essex County Council specification, the upgrade of the two closest bus stops on the B1027 Tenpenny Hill or upgrade of the stops which would best serve the proposed site (details shall be agreed with the Local Planning Authority prior to commencement of the development).

 

e)            The provision of 1 no. pedestrian refuge island (with beacon / keep left signage and bollards) in the vicinity of the site entrance to improve access for pedestrians using the bus stop on the opposite side of Tenpenny Hill (details of which shall be submitted to and agreed, in writing, by the Local Planning Authority prior to commencement of the development).

 

f)             Provision of warning signs (x2) on new posts to diagram no. 506.1 and temporary signs (x2) diagram no. 7014(v) in advance of the new junction on each approach.

 

g)            The submission of a drainage survey in the area of the proposed site access onto Tenpenny Hill shall be submitted to and approved, in writing, by the Local Planning Authority.

 

Reason - To make adequate provision within the highway for the movement and safety of the additional pedestrian and vehicular traffic generated as a result of the proposed development.

 

13.          No unbound material shall be used in the surface treatment of the vehicular access within 30 metres of the highway boundary.

 

Reason - To avoid displacement of loose material onto the highway in the interests of highway safety.

 

14.          The gradient of the proposed vehicular access shall be in accordance with DMRB standards.

 

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

 

15.          There shall be no discharge of surface water onto the highway.

 

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.

 

16.          Prior to the first opening of the attraction the vehicle parking area indicated on the approved plans, including any parking spaces for the mobility impaired, shall have been marked out in parking bays. The vehicle parking area and associated turning area shall always be retained in this form. 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.

 

17.          The Cycle / Powered Two-wheeler parking shall be provided in accordance with the EPOA Parking Standards. The approved facilities shall be secure, convenient, covered and provided prior to the first opening of the attraction and retained at all times.

 

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

 

18.          Prior to the first opening of the attraction a workplace travel plan shall be submitted to and approved, in writing, by the Local Planning Authority in consultation with Essex County Council. Such approved travel plan shall be actively implemented for a minimum period of 5 years. It shall be accompanied by a monitoring fee of £6,000 (plus the relevant sustainable travel indexation) to be paid before occupation to cover the 5-year period.

 

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

 

19.          Prior to opening of the attraction in year (season) two a free shuttle minibus service; in principal, will operate between the site and Alresford Railway Station during Bank Holidays and the local school holiday periods. Details of the minibus service shall be submitted and approved, in writing, by the Local Planning Authority prior to its first introduction. The service/ frequency and route will:

 

•             Be agreed and finalised by both the developer, ECC as part of the Travel Plan monitoring and Community Rail Partnership two months before operation of the service commences.

•             The minibus provision will be regularly promoted to all staff and visitors to the Park as part of their commitment to active and sustainable travel, via their website, leaflets and social media channels.

•             The Community Rail Partnership will help promote travel to the park by train, with leaflets and social media working closely with the Parks Travel Plan Co-ordinator.

•             At the end of year (season) two the service will be reviewed, with further monitoring occurring annually on the anniversary of site occupation for a period of five years. This review/monitoring is to be provided to Essex County Council as local highway authority as part of the Travel Plan monitoring and will look at but not restricted to what impact the promotion to use the train has had; changes in car park capacity during these periods and perceived traffic congestion getting to and from the park.

 

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

 

20.          A mitigation strategy detailing the archaeological preservation/excavation strategy for the site shall be submitted to and approved, in writing, by the Local Planning Authority. No development or preliminary groundworks can commence on those areas containing archaeological deposits where preservation cannot be achieved by design until the satisfactory completion of fieldwork, as detailed in the mitigation strategy, and which has been approved in writing by the Local Planning Authority. The applicant will submit to the local planning authority a post excavation assessment (to be submitted within six months of the completion of the fieldwork, unless otherwise agreed in advance with the Planning Authority). This 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 – To protect archaeological remains.

 

21.          Prior to the commencement of the development proposals, investigations shall be carried out to establish whether the site is contaminated in any way. Such investigations shall be carried out in accordance with a scheme which shall first be agreed in writing with the Local Planning Authority.

 

If the investigations reveal contamination of the site, a further scheme shall be agreed in writing by the Local Planning Authority, setting out measures to ensure that the entire area of the site, in relation to soil conditions resulting from such contamination, will not be harmful or detrimental to human health, animal health, normal plant health or growth, to buildings, building surfaces or amenities. Such agreed measures shall be implemented and completed to the satisfaction of the Local Planning Authority prior to the commencement of any development of the site.

 

Reason – In the interests of health and safety.

 

22.          Prior to the commencement of development, a scheme for on-site foul water drainage works, including maintenance arrangements, shall be submitted to and approved in writing by the Local Planning Authority. Prior to the first use of the attraction, the foul water drainage works relating to the development must have been carried out in complete accordance with the approved scheme.

 

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

 

23.          The attraction shall only be open to the general public between the following opening times and during the seasonal period outlined below, unless otherwise agreed, in writing, by the Local Planning Authority;

 

-              10am – 5pm (7 days a week); and

-              Between the 23rd March and 31st October in any calendar year.

 

Reason – In the interests of residential amenity.

 

24.          The recommendations and tree protection measures outlined within the submitted Arboricultural Impact Assessment, Arboricultural Method Statement and on drawing no. drawing no. P1416 TPP01 V2 (as prepared by Ligna Consultancy) shall be adhered to at all times during the construction phase of the development.

 

Reason – To protect the trees identified for retention during construction in the interests of visual amenity.

 

25.          No works except demolition shall takes 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:

 

•             Limiting discharge rates to 1l/s, by utilising infiltration elsewhere on site, for all storm events up to and including the 1 in 100 year rate plus 40% allowance for climate change. All relevant permissions to discharge from the site into any outfall should be demonstrated.

•             Demonstrate that all storage features can half empty within 24 hours for the 1:30 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, including specified pre-treatment prior to water entering the attenuation basin.

•             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.

 

26.          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 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.

 

27.          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, 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.

 

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 prior to occupation may result in the installation of a system that is not properly maintained and may increase flood risk or pollution hazard from the site.

 

28.          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.