Agenda item

Outline planning permission (all matters reserved) was granted on 30th May 2017 for the erection of up to 70 dwellings and associated works, under application 15/01810/OUT. The current submission relates to the outstanding reserved matters for this development.

 

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

 

Councillor Coley had earlier in the meeting declared a personal interest in Planning Application 20/00479/DETAIL – Land North of Stourview Avenue, Mistley due to being a representative of the Lawford Housing Enterprise Trust.

 

It was reported that outline planning permission (all matters reserved) had been granted on 30th May 2017 for the erection of up to 70 dwellings and associated works, under application 15/01810/OUT. The current submission related to the outstanding reserved matters for this development.

 

In accordance with Members’ previousrequest, the current submission had been brought to Planning Committee which sought consent with regard to the reserved matters of access, landscaping, layout, appearance and scale.

 

Members were made aware that the site layoutside 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.

 

The site was accessed from Stourview Avenue with 62 dwellings accessedoff the main central ring road. The remaining 8 dwellings were located off two separate private driveways.  The scheme retained a substantial level of open space to the eastern and northern sections of the site. The railway line ran to the north ofthe development. 

 

The detailed plans complied with the outline requirements in terms of the site plan having not changed and the access continued to be off Stourview Avenue. The usual design parameters (garden sizes, distance between dwellings and level of parking) and the reserved matters generally 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 the 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.

 

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

 

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

 

Ecology Update

 

The application had been reviewed by Essex Ecology Services and Natural England. Both these statutory consultees had offered no objections to this proposal subject to the bio diversity and ecology mitigation measures recommended within Condition 9 of the original application being followed. Also, that updated RAMS payments were made.

 

Notwithstanding these objections from both specialist ecology departments, the applicant had provided the LPA with an updated ‘Ecological Mitigation and Enhancement Stagey’ (Geosphere Environmental 12/11/2020). The report also included results for an updated walkover and various protected species surveys.

 

Surveys for the following ecological aspects were undertaken: habitats, reptiles, breeding birds, bats, badger. An Invertebrate survey had been undertaken and reported separately however, its results and recommendations had been drawn upon within this site-specific mitigation and enhancement strategy.

 

Main findings included the following:

 

•       Reptiles: Common Lizard, Slowworm and Grass snake were using the habitats onsite.

•       Breeding Bird: A total of 39 species were recorded on site during the breeding bird survey, 15 of these were of conservation concern.

•       Bats: bat roosts were noted within the trees and woodland onsite. Seven bat species were found to be foraging along hedgerows, scrub and tree lines.

•       Badger: no badger setts were noted in the site boundary, although badgers were considered to use the site for foraging.

 

These findings were similar to the initial HRA undertaken on site in 2015, however this recent study outlined exactly what had been found on site this year in recent months.

 

The Ecology Report (Geosphere Environmental 12/11/2020) concluded that providing the recommendations within sections 11, 12 and 13 of the report were followed; impacts to protected species could be minimised, and the scheme would provide an overall biodiversity enhancement in the long term.

 

These three chapters of the updated report covered the following areas:

a)    Bio diversity management (similar to Condition 9 of original outline)

b)    Construction Phase Mitigation Strategy (CEMP)

c)    Impact, Evaluation and mitigation Strategy

 

Officers noted that the first topic area of Bio diversity management was covered by Condition 9 of the original outline report. This original condition also required additional updated survey work to be undertaken. Therefore, a more recent assessment of biodiversity and ecology would have been undertaken in any event.

 

The other two topic areas b) and c) above were ‘new’ recommendations and they were suggested to be included as ‘new planning conditions’ for the application.

 

Conditions Update

 

Suggested Additional Planning Conditions

 

1.         No works should take place on site (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP) had been submitted to and approved in writing by the Local Planning Authority. 

 

The CEMP (Biodiversity) shall include the following:

 

a) Risk assessment of potentially damaging construction activities.

b) Identification of "biodiversity protection zones".

c) Practical measures to avoid or reduce impacts during construction (may be provided as a set of method statements).

d) The location and timing of sensitive works to avoid harm to biodiversity features. For example, detail how certain activities will be limited in time, location, light or noise level to minimise the risk of disturbance to SPA birds, in line with the findings of the Environmental Information Report, Environmental Action plan and Mitigation Plan

e) The times during construction when special ecologists need to be present on site to oversee works.

f) Responsible persons and lines of communication.

g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

h) Use of protective fences, exclusion barriers and warning signs.

 

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority. 

 

Reason - In order to safeguard the ecological interests of the site, and to mitigate any adverse effects on the nearby internationally and nationally recognised; Special Areas of Conservation, Special Protection Areas, Sites of Special Scientific Interest and Ramsar locations. 

 

2.         No development should commence until an Ecological Impact, Evaluation and Mitigation Strategy had been submitted to and approved, in writing, by the Local Planning Authority.  The document should include:

i)              the recommendations contained with the sections 11, 12 and 13 of the updated Ecology Report (Geosphere Environmental 12/11/2020)

 

The approved Ecological Impact, Evaluation and Mitigation Strategy shall be adhered to and implemented strictly in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority. 

                       

Reason - In order to safeguard protected wildlife species and their habitats and in the interests of biodiversity.

 

Councillor Alan Coley, a local Ward Member, spoke in support of the application.

 

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

 

During the Committee’s debate on this application, Members discussed and asked questions on the following matters:-

 

Matter raised by a Committee Member:-	Officer Response thereto:-
What would be the Section 106 contributions?	Five Affordable Homes including £600,000.
Did the application meet the minimum amenity measurement and requirements?	Application was fully compliant.
Did the application provide for visitor parking?	Application was fully compliant with the necessary requirements regarding parking arrangements for visitors.
Concern about impact on the Stour Estuary from a pollution overspill.	Reference was made to a relevant planning condition that had been applied to the original outline planning approval.
Concern about the consequences of a failure of the Anglian Water pumping facility.	Reference was made to Anglian Water’s consultation response and also to condition 10 applied to the original outline planning consent. Impact on the pumping facility was considered to be minimal.
Query raised about Anglian Water’s consultation response to the outline planning application in relation to service water – had the Council consulted the Environment Agency on this?	Reference was made to Conditions 10 and 11 applied to the outline planning consent which related to a Surface Water Assessment Scheme. Confirmed that no necessary action needed to be taken in liaising with the Environment Agency.

 

Following thediscussion by the Committee, it was moved by Councillor Bray, seconded by Councillor Fowler and RESOLVED that the Assistant Director (Planning) (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to:

 

(a)  the completion of a legal agreement under the provisions of section 106 of the Town and Country Planning Act 1990 dealing with the following matters (where relevant):

 

-       Financial contribution of £125.58 per new dwelling towards RAMS.

-        

(b)  the following Conditions and Reasons:

 

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

Rb003-pl-07 g Amended parking plan Received on 27 Oct 2020

Rb003-pl-08 g Amended garden areas plan 27 Oct 2020

Rb003-pl-09 g Amended refuse plan 27 Oct 2020

Rb003-pl-02 h Amended site layout 27 Oct 2020

Rb003-pl-03 g Amended detailed site layout 27 Oct 2020

Rb003-pl-04 g Amended storey heights plan 27 Oct 2020

Rb003-pl-05 g Amended surface finishes 27 Oct 2020

Rb003-pl-06 g Amended materials plan 27 Oct 2020

Rb003-ht-ame-02 rev b Amended amelia - proposed elevations 17 Sep 2020

Rb003-ht-ch-02 rev b Amended charlotte - proposed elevations 17 Sep 2020

Rb003-ht-al-01 rev b Amended alexander - proposed floor plans 17 Sep 2020

Rb003-ht-ch-01 rev b Amended charlotte - proposed floor plans 17 Sep 2020

Rb003-ht-ame-01 rev b Amended amelia - proposed floor plans 17 Sep 2020

Rb003-ht-op-02 rev b Amended ophelia - proposed elevations 17 Sep 2020

Rb003-ht-ro-02 rev b Amended rosemary (detached) - proposed floor plans and elevations 17 Sep 2020

Rb003-ht-ro-01 rev c Amended rosemary - proposed floor plans and elevations 17 Sep 2020

Rb003-ht-op-01 rev c Amended ophelia - proposed floor plans 17 Sep 2020

Rb003-ht-vi-01 rev c Amended victoria - proposed floor plans and elevations 17 Sep 2020

Rb003-ht-da-01 rev d Amended damask - proposed floor plans and elevations 17 Sep 2020

Rb003-ht-he-01 rev b Amended hebe - proposed floor plans and elevations 17 Sep 2020

Rb003-ht-al-02 rev b Amended alexander - proposed elevations 17 Sep 2020

Rb003-ht-amb-01 rev b Amended amber- proposed floor plans and elevations 17 Sep 2020

Rb003-ht-gr-01 rev b Amended grace - proposed floor plans and elevations 17 Sep 2020

Rb003-ht-ba-01 rev d Amended barbier - proposed floor plans and elevations 17 Sep 2020

Rb003-gr-sg1-01 Sg1a single garage floor plan, roof plan and elevations 06 April 2020

Rb003-gr-sg1-02 Sg1b double garage floor plan, roof plan and elevations 06 April 2020

19.5009.08 v1 Play area 06 April 2020

10831/fw1 Foul water drainage strategy plan 06 Apr 2020

10831/ra1b General arrangement of access road 06 Apr 2020

10831/sw1 Surface water drainage strategy plan 06 Apr 2020        

1126 l 001 Site plan    06 Apr 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 numbers:

•           Rb003-pl-02 h          Amended site layout.

•           Rb003-pl-03 g           Amended detailed site layout

•           Rb003-pl-07 g           Amended parking plan

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 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 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.         The 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 in accordance with Policy DM8.

 

8. No works should take place on site (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP) had been submitted to and approved in writing by the Local Planning Authority. 

 

The CEMP (Biodiversity) shall include the following:

 

a) Risk assessment of potentially damaging construction activities.

b) Identification of "biodiversity protection zones".

c) Practical measures to avoid or reduce impacts during construction (may be provided as a set of method statements).

d) The location and timing of sensitive works to avoid harm to biodiversity features. For example, detail how certain activities will be limited in time, location, light or noise level to minimise the risk of disturbance to SPA birds, in line with the findings of the Environmental Information Report, Environmental Action plan and Mitigation Plan

e) The times during construction when special ecologists need to be present on site to oversee works.

f) Responsible persons and lines of communication.

g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

h) Use of protective fences, exclusion barriers and warning signs.

 

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority. 

 

Reason - In order to safeguard the ecological interests of the site, and to mitigate any adverse effects on the nearby internationally and nationally recognised; Special Areas of Conservation, Special Protection Areas, Sites of Special Scientific Interest and Ramsar locations. 

 

9.         No development should commence until an Ecological Impact, Evaluation and Mitigation Strategy had been submitted to and approved, in writing, by the Local Planning Authority.  The document should include:

i)              the recommendations contained with the sections 11, 12 and 13 of the updated Ecology Report (Geosphere Environmental 12/11/2020)

 

The approved Ecological Impact, Evaluation and Mitigation Strategy shall be adhered to and implemented strictly in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority. 

                       

Reason - In order to safeguard protected wildlife species and their habitats and in the interests of biodiversity.