Agenda item

This application is referred to the Planning Committee as the site is situated outside of any settlement development boundary (SDB), but adjacent to the SDB of Lawford. The development therefore represents a departure from the saved local plan.

 

The application site is located on the southern side of Long Road at the eastern end of the settlement of wider 'Lawford Green' development (15/00876/OUT) that approved amongst other elements 360 dwellings, a community building with public access toilets, village green, public open space a playground. There was 3.4 hectares of land in the eastern portion of this wider site allocation that was left undeveloped.

This application had beenreferred to the Planning Committee as the site was situated outside of any settlement development boundary (SDB), but adjacent to the SDB of Lawford. The development therefore represented a departure from the saved local plan.

 

Members were made aware that the application site was located on the southern side of Long Road at the eastern end of the settlement of thewider 'Lawford Green' development (15/00876/OUT) that contained,amongst other elements, 360 dwellings, a community building with public access toilets, village green, public open space anda playground. There was 3.4 hectares of land in the eastern portion of this wider site allocation that was currentlyleft undeveloped.

 

Members were informed that this application sought outline planning permission for the erection of 76 dwellings on this land. The application was in outline form with all matters reserved except for access. This application therefore sought approval of the access along with the principle of development.

 

The application site was outside the adopted settlement boundary but within the emerging settlement boundary of the new local plan.

 

An area of land south of Long Road (approximately 50 metres in depth) was designated as being within the 'Green gap' of the emerging local plan. The applicationproposed development within this land of approximately 3 dwellings. The report indicated thatOfficers were against this idea and felt there was ample space to develop without needing to use this locally designated open land.

 

The site was located on the edge of what the emerging Local Plan called a 'smaller urban settlement'. Planning permission had been granted for residential development on land directly to the east for 485 dwellings. This had been built at approximately 30 dwellings per hectare. This application proposed approximately 22 dwellings per hectare. The original 360 dwelling development from the host developer was occurring immediately to the east. Therefore, there would be minimal landscape impact whilst sufficient spacing to existing residents was retained to safeguard amenity.

 

The Committee was aware that in the current situation the Council could not demonstrate a 5 year housing supply and therefore in accordance with the provisions of the National Planning Policy Framework (NPPF) the presumption in favour of sustainable development applied. The development was considered to meet the economic, environmental and social strands of sustainability as outlined in the NPPF.

 

Subject to the applicant entering into a Section 106 agreement to cover the provision of affordable housing and healthcare/RAMS contributions, the proposal was considered byOfficers to be acceptable with no material harm to visual or residential amenity, heritage assets, ecology interest 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 Manager(TF) in respect 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:-
Query regarding the houses within the ‘Green Gap’ referred to in condition number 19.	Confirmed that another planning application would be required to be submitted and approved in order to overturn that condition.
Clarification was sought as to whether this application was outside of the current Local Plan but was contributing to the emerging Local Plan.	Confirmed that this site was not an adopted allocation in terms of settlement areas but that it was included within the emerging Local Plan.
Query regarding at what stage of the process was the Council’s housing waiting lists engaged.	Referred to the consultation response statements from the Council’s Housing Services department which referred both to the Housing Register and the specific needs within Lawford.
Did the Section 106 Education contribution include an ‘Early Years’ contribution?	Confirmation that there would only be a contribution from the Section 106 monies to Early Years provision if monies delivered from the earlier scheme is not delivered which provides for a new nursery in Lawford

 

Following thediscussion by the Committee, it was moved by Councillor Alexander, seconded by Councillor Bray and unanimously 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 towards RAMS

•           Affordable Housing Provision:

•           Education contribution

•           NHS contribution

•           Open Space

 

(b)    the following Conditions and Reasons:

 

1          The approval of Reserved Matters must be submitted before the expiration of three years from the date of this permission.

           

Reason - To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

 

2          The development hereby permitted shall be begun before the expiration of two years from the date of the approval of the last of the Reserved Matters to be approved.

           

Reason - To comply with the requirements of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

3          Approval of the details of the appearance, landscape, scale and layout (hereinafter called "the Reserved Matters") shall be obtained for the development before any development on such phase is commenced.  The development shall be carried out in accordance with any such approval.

           

Reason - The application is in outline and detailed matters require approval before development can commence.

 

4          The maximum number of dwellings to be contained in the development shall be up to (but no more than) 76 dwellings.  

                                   

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

 

5          No development shall take place, including any ground works or demolition, until a Construction Management Plan has been submitted to, and approved in writing by, the local planning authority. The approved plan shall be adhered to throughout the construction period. The Plan shall provide for:

i. the parking of vehicles of site operatives and visitors

ii. loading and unloading of plant and materials

iii. storage of plant and materials used in constructing the development

iv. wheel and underbody washing facilities

v. prior to the commencement of any work on the site, a joint inspection of the route to be used by construction vehicles should be carried out by the Applicant and the Highway Authority, including photographic evidence.

 

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.

 

6          No occupation of the development shall take place until the following have been provided or completed:

 

a) A priority junction with ghosted right turn lane (with two pedestrian refuge islands) in Long Road to provide access to the proposal site. Priority junction shall have minimum 10.5 metre kerbed radii with dropped kerbs/tactile paving crossing points, a minimum 6.75 metre access road carriageway with two 3 metre footway/cycleways, pedestrian/cycle refuge island and a minimum 109m x 2.4m x 120m clear to ground visibility splay.

 

b) A mini-roundabout at the junction of Wignall Street and Bromley Road in principal and in accordance with approved Ardent Consulting Engineers drawings K297-002C.

 

c) A minimum 3-metre-wide footway/cycleway along the proposal site's Long Road frontage.

 

Reason - To protect highway efficiency of movement and safety and to ensure the proposal site is accessible by more sustainable modes of transport such as public transport, cycling and walking, in accordance with policy DM1, DM9 and DM10.

 

7          Prior to occupation of the approved development, the Developer shall be responsible for the provision and implementation of a Residential Travel Information Pack for sustainable transport (in consultation with Essex County Council), to include six one day travel vouchers per household for use with the relevant local public transport operator.

           

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

 

8          No development shall take place until a surface water drainage scheme, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development has been submitted to and approved in writing by the Local Planning Authority. The development shall subsequently be implemented in accordance with the approved details.

           

In particular the drainage scheme shall include:

·                     Drainage modelling calculations showing how the run-off for all events up to and including the 1 in 100 year plus climate change is controlled within the site.

·                     Where infiltration techniques are being proposed, and all run-off cannot be infiltrated, attenuation storage must be provided for any overflow volumes calculated.

·                     Where run-off is proposed to be discharged to a watercourse, discharge should be limited to the greenfield 1 in 1 year rate for all events.

·                     Where different SuDS features are being proposed, the drainage modelling should show how these are cascaded together and show clearly their combined effect in controlling both the water quantity and improving water quality within the development. .

·                     Account for a 10% urban creep in the calculation of run-off from the development.

·                     Provide the appropriate number of treatment stages from the different areas of the development.

·                     Provide the details of the adoption and maintenance of the scheme for the lifetime of the development.

·                     Provide the Drainage Scheme Layout showing the SuDS features and their dimensions as appropriate.

           

Reason - To prevent flooding on the proposed site and the local area by ensuring the satisfactory storage of/disposal of surface water in a range of rainfall events and ensure the system operates as designed for the lifetime of the development.

 

9          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 so approved unless otherwise approved in writing by the Local Planning Authority.

           

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

 

10        No development shall take place until there has been submitted to and approved, in writing, by the Local Planning Authority a scheme of hard and soft landscaping works for that phase, which shall include any proposed changes in ground levels and also accurately identify spread, girth and species of all existing trees, shrubs and hedgerows on the site and indicate any to be retained, together with measures for their protection which shall comply with the recommendations set out in the British Standards Institute publication "BS 5837: 2012 Trees in relation to design, demolition and construction."

           

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

 

11        All changes in ground levels in relation to the soft landscaping, 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 that the development provides a satisfactory setting, in the interests of the character and appearance of the landscape and the visual amenity of the site.

 

12        No development shall commence until an Ecological Mitigation Scheme and Management/Enhancement Plan has been submitted to and approved, in writing, by the Local Planning Authority.  The document shall include:

           

            i)          A survey to confirm (or otherwise) the presence of protected species on the application site.

           

            If protected species are present, the survey shall be accompanied by a scheme of appropriate mitigation measures (including bat protection measures and precise details of the timing and method/s of protection). No development shall be undertaken except in full accordance with any such approved scheme of mitigation.

           

            ii)         A management plan to demonstrate how biodiversity within the site will be encouraged by the development.

           

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

 

13        A.  No development or preliminary ground-works within the development can commence until a programme of archaeological trial trenching has been secured and undertaken in accordance with a Written Scheme of Investigation, which has been submitted by the applicant, and approved by the Local Planning Authority. Following the completion of this 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 through re-design of the development, shall be submitted to the Local Planning Authority.

           

            B.         No development or preliminary groundwork can 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.

           

            C.        Following completion of the 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 heritage assets with archaeological interest.

 

14        No development shall commence until precise details of lighting, refuse storage/collection points and the manufacturer and types and colours of the external facing and roofing materials for the dwellings to be used in the construction have been submitted to and approved, in writing, by the Local Planning Authority.  Such lighting, refuse points and materials so approved shall be those used in the development.

           

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

 

15        Within the hereby permitted development, no dwelling shall be occupied until a high-speed broadband connection is installed utilising resistant tubing to that dwelling, all 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.

 

16        Prior to commencement of development the applicants shall submit to the Local Planning Authority, in writing, a Local Recruitment Strategy to include details of how the applicant/ developer shall use their reasonable endeavours to promote and encourage the recruitment of employees and other staff in the locality of the application site, for the construction of the development and for the uses of the development thereafter. The approved Local Recruitment Strategy shall be adhered to therein after.

           

Reason - To promote and encourage the recruitment of employees and other staff in the locality of the application site.

 

17        Prior to the commencement of development, a scheme for the provision and implementation of water, energy and resource efficiency measures, during the construction and occupational phases of the development shall be submitted to and agreed, in writing, with the Local Planning Authority. The scheme shall include a clear timetable for the implementation of the measures in relation to the construction and occupancy of the development. The scheme shall be constructed and the measures provided and made available for use in accordance with such timetables as may be agreed.

                                   

Reason - To enhance the sustainability of the development through better use of water, energy and materials.

 

18        No development shall commence until an assessment of the risks posed by any contamination within that the application site is carried out. This assessment shall be in accordance with British Standard BS 10175: Investigation of potentially contaminated sites - Code of Practice and the Environment Agency's Model Procedures for the Management of Land Contamination (CLR 11) (or equivalent British Standard and Model Procedures if replaced), shall have been submitted to and approved in writing by the local planning authority. If any contamination is found, a report specifying the measures to be taken, including the timescale, to remediate the site to render it suitable for the approved development shall be submitted to and approved in writing by the Local Planning Authority. The site shall be remediated in accordance with the approved measures and timescale and a verification report shall be submitted to and approved in writing by the Local Planning Authority.  If, during the course of development, any contamination is found which has not been previously identified, work shall be suspended and additional measures for its remediation shall be submitted to and approved in writing by the Local Planning Authority. The remediation of the site shall incorporate the approved additional measures and a verification report for all the remediation works shall be submitted to the Local Planning Authority within 20 days of the report being completed and approved in writing by the Local Planning Authority.

           

Reason - To ensure that any risks (to future users of the land and neighbouring land and to controlled waters, property and ecological systems) arising from any land contamination are minimised and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

19.       No residential development shall take place in the land designated as a ‘Green Gap’ with the Tendring District Local Plan 2013-2033 and Beyond Publication Draft (June 2017).

 

Reason - In the interests of visual amenity.

 

(c)    that any planning application submitted to the Council to either vary or remove Condition Number 19 will be submitted to the Planning Committee for its determination.