Agenda item

Outline planning permission (all matters apart from access - reserved) was granted on 13th April 2017 for a mixed development of 360 houses and community facilities/open space on 22.76ha of land to the south of Lawford, under 15/00876/OUT. The current submission relates to phase 3 of the development, and is for the outstanding reserved matters.

 

In accordance with Members’ request, the current submission has been brought to Planning Committee seeking consent with regard to the reserved matters of landscaping, layout, appearance and scale.

Minutes:

Outline planning permission (all matters apart from access - reserved) was granted on 13th April 2017 for a mixed development of 360 houses and community facilities/open space on 22.76ha of land to the south of Lawford, under 15/00876/OUT. The current submission relates to phase 3 of the development, and is for the outstanding reserved matters.

 

In accordance with Members’ request, the current submission was brought to Planning Committee seeking consent with regard to the reserved matters of landscaping, layout, appearance and scale.

 

The site lied outside the defined settlement boundary of the saved Local Plan but within the settlement boundary of the emerging Local Plan. The principle of residential development had been accepted by the granting of outline planning permission, which also established the position of the access.

 

The site – being the eastern third of the outline permission - was accessed from Long Road with 32 dwellings north of the estate road and 68 dwellings to the south. The scheme retained the substantial hedge to the eastern boundary and to the south adjacent to Dead Lane.

 

The detailed plans complied with the outline requirements, and the usual design parameters (garden sizes, distance between dwellings and level of parking) and the reserved matters were considered acceptable with no material harm to visual or residential amenity, or highway safety.

 

A legal agreement was required for this application to secure a financial contribution towards Essex Coast Recreational Disturbance and Avoidance and Mitigation Strategy (RAMS).

 

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.

 

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

 

(1)  Reserved matters application with details of appearance, landscaping, layout and scale pursuant to Phase 3 of outline permission (15/00876/OUT) including 100 dwellings, associated hardstanding, boundary treatments, landscaping and drainage.

 

Phase 3, Land east of Bromley Road Lawford

 

Report Update

 

  • Para 6.7 - There has been a more recent planning application at the adjacent site known as the ‘City and Country Site’ (17/01181/OUT) for 485 units (not 300) this has been approved at appeal.

 

  • Para 6.25 and 6.27. The “Grace” and “Amber” were both used in Phase 2 already. The “Ruben” (Flat over the garage) is the only new dwelling type. There are 2 five bedroom properties included in the overall total as stated in Para 6.16.

 

  • Para 6.62 - The applicants Design and Access Statement (Ref 6.2) states the public open space is 10%. The applicant has updated the LPA with a figure of 10.9% being achieved on site.

 

Conditions Update

 

1)         Consultees – Essex Wildlife Trust (Late Request)

 

The Trust has requested an additional condition in relation to provision of integral nesting habitat for Swifts and other bird species such as House Sparrows. EWT states ‘Swift conservation is of the utmost importance and integral nesting habitat is a relatively cheap and simple enhancement for developers to implement’. Importantly, the agent has accepted the inclusion of the suggested planning condition.

·         Suggested Addition Planning Condition

 

50 (number) swift bricks/boxes shall be incorporated within the external walls of the development hereby approved and shall be retained thereafter.

 

Reason:  To enhance the biodiversity of the site

 

·         Suggested Additional Informative

 

Integral swift bricks are the preferred option on new housing developments. Nest boxes suitable for multiple species such as swift nest boxes will help more species (although birds of any kind are good for people’s health and wellbeing, budgets should be targeted at species that need help). Use data from mapping tools together with ecological survey work to assess likely impacts on swifts; implement effective mitigation by installing enough swift boxes in the correct location and position. Swift nest boxes should be fitted in clusters of 2 to 4 on gables and near the roofline where swifts would naturally look for a potential nest site. They should be installed at a minimum height of 5m above ground level. The aim should be to provide an equal number overall of nest sites and residential units (i.e. a residential development comprising 50 units should support an overall total of 50 swift nest bricks). Ensure swift bricks have a minimum of 5m clearance in front of them (i.e. no obstructions such as trees) and avoid locating them above doors and windows. ‘Tool-box’ training and on-site supervision is essential to ensure swift bricks are fitted correctly and in the right places. Further advice can be obtained from: Essex Swifts (john_smart3@btinternet.com), Swift Conservation, Action for Swifts or theRSPB, who are always available and happy to provide help. Check their respectivewebsites and contact them for one-to-one advice on a project.

 

2) The applicant has asked the question on whether one the proposed conditions of this application could be removed. Namely, Reserve Matter condition 9 the ‘Construction Method Statement’. The reason is that this follows closely what has been requested in the original approved Outline 15/00876/OUT, condition 20 for a ‘Demolition and Construction Method Statement’

 

Officer response: proposed condition 9 of this application is similar to the outline planning condition 20. Therefore, it is accepted that condition 8 of the Reserve Matters approval could be removed.

 

At the meeting, an oral presentation was made by the Council’s Acting Planning Manager (TF) in respect of the application.

 

Will Vote, the agent on behalf of the applicant, spoke in support of the application.

 

Following discussion by the Committee, it was moved by Councillor Alexander, seconded by Councillor Fowler and unanimously RESOLVED:-

 

that; the Assistant Director (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 carried out in accordance with the following approved plans and documents:

 

981s ph3 . l . 026        Grace floor plans and front elevation Received on    07 Apr 2020   

981s ph3 . l . 027        Grace rear and side elevation                                                07 Apr 2020   

981s ph3 . l . 020        Hebe floor plans and front elevation                           07 Apr 2020   

981s ph3 . l . 021        Hebe rear and side elevation                                     07 Apr 2020   

981s ph3 . l . 028        Constance floor plans and front elevation                  07 Apr 2020   

981s ph3 . l . 029        Constance rear and side elevation                             07 Apr 2020   

981s ph3 . l . 030        Constance variation floor plans and front elevation   07 Apr 2020   

981s ph3 . l . 031        Constance variation rear and side elevation              07 Apr 2020   

981s ph3 . l . 038        Rosemary floor plans and front elevation                   07 Apr 2020   

981s ph3 . l . 039        Rosemary rear and side elevation                              07 Apr 2020   

981s ph3 . l . 040 (a)   Amended rosemary side elevation                             09 Sep 2020   

981s ph3 . l . 041        Amelia floor plans and front elevation                                    07 Apr 2020   

981s ph3 . l . 042        Amelia rear and side elevation                                               07 Apr 2020   

981s ph3 . l . 043        Alexander floor plans and front elevation                   07 Apr 2020

981s ph3 . l . 044 (a)   Amended alexander rear and side elevation             09 Sep 2020   

981s ph3 . l . 045        Anna floor plans and front elevation                           07 Apr 2020

981s ph3 . l . 046        Anna first floor plan and rear elevation                                  07 Apr 2020   

981s ph3 . l . 047 (a)   Amended anna side elevation                                                09 Sep 2020

981s ph3 . l . 054        Charlotte floor plans and front elevation                    07 Apr 2020

981s ph3 . l . 055 (a)   Amended charlotte rear and side elevation                09 Sep 2020   

981s ph3 . l . 022 (a)   Amended the ruben floor plans and front elevation   09 Sep 2020   

981s ph3 . l . 023 (a)   Amended the ruben side and rear elevation              09 Sep 2020   

981s ph3 . l . 050 (a)   Amended the ophelia floor plans and front elevation 09 Sep 2020   

981s ph3 . l . 053 (a)   Amended the ophelia (gabled) rear and side elevation         09 Sep 2020   

981s ph3 . l . 061 (a)   Amended braithwaite rear and side elevation                        09 Sep 2020

981s ph3 . l . 060        Braithwaite variation floor plans and front elevation  07 Apr 2020   

981s ph3 . l . 057 (a)   Amended cadenza rear and side elevation                09 Sep 2020

981s ph3 . l . 056        Cadenza floor plans and front elevation                                 07 Apr 2020   

981s ph3 . l . 036 (a)   Amended damask variation floor plans and front elevation

09 Sep 2020   

981s ph3 . l . 037 (a)   Amended damask variation rear and side elevation  09 Sep 2020   

981s ph3 . l . 051 (a)   Amended the ophelia side and rear elevation                        09 Sep 2020   

981s ph3 . l . 052 (a)   Amended the ophelia (gabled) floor plans and front elevation

09 Sep 2020

981s ph3 . l . 024        Amber floor plans and front elevation                        07 Apr 2020   

981s ph3 . l . 025        Amber rear and side elevation                                               07 Apr 2020   

981s ph3 . l . 032        Barbier floor plans and front elevation                                   07 Apr 2020

981s ph3 . l . 033 (a)   Amended barbier rear and side elevation                  09 Sep 2020   

981s ph3 . l . 034        Damask fllor plans and front elevation                                   07 Apr 2020   

981s ph3 . l . 035 (a)   Amended damask rear and side elevation                 09 Sep 2020

981s ph3 . l . 048        Victoria floor plans and front elevation                                   07 Apr 2020

981s ph3 . l . 049 (a)   Amended victoria side and rear elevation                  10 Sep 2020   

981s ph3 . l . 058        Berkeley floor plans and front elevation                                 07 Apr 2020   

981s ph3 . l . 059 (a)   Amended berkeley rear and side elevation                09 Sep 2020   

 

981s ph3 . l . 062 a     Outbuildings 1 floor plans and elevations                  29 Apr 2020   

981s ph3 . l . 063 a     Outbuildings 2 floor plans and elevations                  29 Apr 2020   

981s ph3 . l . 064        Outbuildings 3 floor plans and elevations                  07 Apr 2020   

981s ph3 . l . 065        Sub station floor plans and elevations                                    07 Apr 2020   

981s ph3 . l . 006        Hard landscaping plan                                                           07 Apr 2020   

 

981s ph3 . l . 006 (b)   Amended roads hard landscaping                              11 Sep 2020   

19/163-01 b                 Amended detailed hard and soft landscaping                        11 Sep 2020   

19/163-02 b                 Amended detailed hard and soft landscaping                        11 Sep 2020   

19/163-03 b                 Amended detailed hard and soft landscaping                        11 Sep 2020   

19/163-04 b                 Amended detailed hard and soft landscaping                        11 Sep 2020   

19/163-05 b                 Amended detailed hard and soft landscaping                        11 Sep 2020   

19/163-06 b                 Amended detailed hard and soft landscaping                        11 Sep 2020   

 

981s ph3 . l . 008 (b)   Amended private hard landscaping                            09 Sep 2020   

981s ph3 . l . 009 (b)   Amended private hard landscaping                            09 Sep 2020   

981s ph3 . l . 004 (d)   Amended house type key                                           11 Sep 2020   

981s ph3 . l . 005 (c)   Amended materials key                                                          11 Sep 2020   

19/163 - sk01 a           Amended phase 3 masterplan                                                          11 Sep 2020   

 

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

 

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

 

·         981s ph3 . l . 004 d               Proposed site layout / Amended house type key

           

Reason - To ensure that vehicles using the site access do so in a controlled manner, in the interests of highway safety and in accordance with Policy DM1.

 

3.    Prior to the commencement of any above ground works, 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 and in accordance with Policy DM 1 and 6.

           

4.    The development shall not be occupied until such time as a car parking and turning area has been provided in accord with current Parking Standards. 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 and in accordance with Policy DM 1 and 8.

           

5.    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 in accordance with Policy DM8.

           

6.    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 encourage the use of garages for their intended purpose and to discourage on-street parking, in the interests of highway safety and in accordance with Policy DM8.

           

7.    Prior to occupation of the development, those properties without an outbuilding or garage in Phase 3 of the hereby approved development shall be provided with Cycle parking in accordance with the EPOA Parking Standards. The details of the cycle parking arrangements proposed shall be submitted to and agreed in writing by the Local Planning Department before  their first installation.

 

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 in accordance with Policy DM8.

           

8.    Prior to occupation of the proposed dwellings, 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 in accordance with policies DM9 and DM10.

           

 

 

Reason - To ensure that on-street parking of these vehicles in the adjoining streets does not occur and to ensure that loose materials and spoil are not brought out onto the highway in the interests of highway safety and Policy DM1.

           

9.    All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Badger Survey Report (Geosphere Environmental Limited, November 2019), the Ecological Mitigation and Management Plan (Geosphere Environmental Limited, July 2019) and the Updated Ecological Survey (Geosphere Environmental Limited, June 2019) as already submitted with the planning application and agreed in principle with the local planning authority prior to determination.

           

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 Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species).

           

10.  No development shall take place (including any demolition, ground works, site clearance) until a further badger survey and updated mitigation statement has been submitted to and approved in writing by the local planning authority. This further survey shall be undertaken to identify whether any Badger activity has changed since the previous surveys were undertaken and whether further mitigation and/or works are required for badgers during the construction phase.  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 species and allow the LPA to discharge its duties under the Badger Protection Act 1992 and s17 Crime & Disorder Act 1998.

           

11.  A Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior occupation of the development.

           

The content of the LEMP shall include the following:

a)            Description and evaluation of features to be managed.

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.

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 Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species).

 

12.  Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and/or re-enacting that Order) or the details provided within approved plans, 981s ph3 . l . 037 (a) Amended damask variation rear and side elevation, received on 09 Sep 2020. The proposed first floor rear W.C window and rear hallway window on plot 291 shall be glazed with obscure glass with a degree of obscurity equivalent to Pilkington level 5 and shall be permanently maintained thereafter as obscure glazed.

 

Reason - To safeguard the amenities of the adjoining premises from overlooking and loss of privacy.

 

13. 50 swift bricks/boxes shall be incorporated within the external walls of the development hereby approved and shall be retained thereafter.

 

Reason:  To enhance the biodiversity of the site

 

 

 

Supporting documents: