Agenda item

FUL/MAL/18/00381 - Millfields Caravan Park, Millfields, Burnham-on-Crouch, Essex

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

 

Minutes:

Application Number

FUL/MAL/18/00381

Location

Millfields Caravan Park, Millfields, Burnham-On-Crouch, Essex

Proposal

Erection of building to be used as offices, shop, shower/toilet facilities, spa, pool facilities and gym, formation of hardstanding to be used as road and parking and enhanced landscaping, in association with an existing caravan site

Applicant

Birch's Leisure Parks Limited

Agent

Mr Philip Kratz

Target Decision Date

13.03.2019 (Extension of time agreed: 13.09.2019)

Case Officer

Anna Tastsoglou

Parish

BURNHAM SOUTH

Reason for Referral to the Committee / Council

Council Owned Land

 

Following the Officer’s presentation Mr Roy Harris, an Objector, addressed the Committee.

 

A debate ensued where concerns were expressed regarding the design, materials and location of the building. It was strongly argued that this would potentially have a negative impact on the intrinsic character and beauty of the area.  Conversely, given that the building would include a pool, it was also noted that this would be a good facility to have in the location. 

 

The Lead Specialist Place informed the Committee that the application had been considered on planning merits alone and the principle of provision of facilities and services ancillary to an existing tourist use is considered acceptable. The lawful use of the site was as a caravan park and the application in front of Members was for the building only. It was noted that the fabric of the building could be conditioned to more suitable materials.

 

Councillor Skeens said that the application should be rejected on the grounds that it adversely affected the beauty of the countryside. This was not seconded.

 

Councillor Fluker, acknowledging that there had always been caravans on the site, proposed that the application be approved in accordance with the Officer’s recommendation but subject to conditioning the materials used. This was duly seconded.

 

The Chairman put the proposal to the Committee and upon a vote being taken the application was approved in accordance with the Officer’s recommendation.

 

RESOLVED that the application be APPROVED subject to the following conditions:

 

1.         Prior to works above ground level, details of the external materials to be used in the construction of the outbuilding hereby approved shall be submitted to the Local Planning Authority for approval in writing. The construction of the outbuilding shall be carried out in accordance with the approved details and retained as such in perpetuity.

2.         The development hereby permitted shall be begun before the expiration of

three years from the date of this permission.

3.         The development hereby permitted shall be carried out in complete accordance

with approved drawings: ATS/537/03; 10955-0020-002; 10955-0001-007; RCEF64080-SK002 REV B and RCEF64080-SK003 REV A.

4.         The development hereby permitted shall only be used ancillary to the caravan

park proposed as shown on approved drawing 10955-0001-007 and for no other purpose, including any type of residential accommodation, at any time.

5.         The proposed development shall be implemented in accordance with the forms

of mitigation included in Ecology Survey Report (dated November 2018) and be retained as such in perpetuity.

6.         The use of the site hereby permitted shall be implemented in accordance with

the Flood Warning and Evacuation Plan (dated 19.02.2019) submitted with this application. The Plan shall be made available to all users of the site at all times throughout the lifetime of this permission.

7.         No development shall be constructed during the wintering bird period between

October – March inclusive.

8.         Prior to the commencement of the development details of the foul drainage

scheme to serve the development shall be submitted to and agreed in writing by the local planning authority. The agreed scheme shall be implemented prior to the first occupation of the development.

9.         Notwithstanding the details submitted with this application, no development

shall commence, other than that required to carry out additional necessary investigation which in this case includes demolition, site clearance, removal of underground tanks and old structures, and any construction until an investigation and risk assessment has been submitted to and approved in writing by the local planning authority. The report of the findings must include:

 

i) A survey of the extent, scale and nature of contamination;

ii) an assessment of the potential risks to:

a) Human health,

b) Properly (existing or proposed) including buildings, crops, livestock, etc, woodland and service lines and pipes,

c) Adjoining land,

d) Groundwaters and surface waters,

e) Ecological systems

f) Archaeological sites and ancient monuments;

iii) An appraisal of remedial options, and proposal of the preferred option(s).

This shall include timescales and phasing of remediation works.

 

This must be conducted by a qualified person and in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and the Essex Contaminated Land Consortium's 'Technical Guidance for Applicants and Developers' and is subject to the approval in writing of the Local Planning Authority.

10.       Where identified as necessary in accordance with the requirements of

condition 8, no development shall commence, other than where necessary to carry out additional investigation, until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been submitted to and approved in writing by the local planning authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. The development hereby permitted shall not commence until the measures set out in the approved scheme have been implemented, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority may give approval for the commencement of development prior to the completion of the remedial measures when it is deemed necessary to do so in order to complete the agreed remediation scheme. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

 

Following completion of measures identified in the approved remediation scheme, verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the local planning authority.

 

This shall be conducted in accordance with the Essex Contaminated Land Consortium's 'Land Affected by Contamination: Technical Guidance for Applicants and Developers' and DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. The development hereby permitted shall not commence until the measures set out in the approved report have been implemented. 

11.       Any contamination that is found during the course of construction of the

approved development that was not previously identified shall be reported immediately to the Local Planning Authority. Development on the part of the site affected shall be suspended and a risk assessment carried out and submitted to and approved in writing by the Local Planning Authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to the Local Planning Authority for approval in writing. These approved schemes shall be carried out before the development is resumed or continued. Following completion of measures identified in the approved remediation scheme, a verification report demonstrating the effectiveness of the remediation scheme carried out must be submitted to the Local Planning Authority for approval in writing.

12.       The development hereby approved shall be carried out in accordance with the approved Flood Risk Assessment and the following mitigation measures detailed within the FRA:

           Infiltration testing in line with BRE 365. If infiltration is found unviable the run-off rates from the site should be limited to 2.4 l/s

           Provide attenuation storage (including locations on layout plan) for all storm events up to and including the 1:100 year storm event inclusive of climate change.

 

The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

Storage should half empty within 24 hours wherever possible. An assessment of the performance of the system and the consequences of consecutive rainfall events occurring should be submitted to and approved in writing by the Local Authority. if the storage required to achieve this via infiltration or a restricted runoff rate is considered to make the development unviable.

The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

13.       No development shall commence, including any ground works or demolition,

until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

 

           The parking of vehicles of site operatives and visitors

           Loading and unloading of plant and materials

           Storage of plant and materials used in constructing the development

           Wheel washing facilities

           Measures to control the emission of dust, noise and dirt during

construction Hours and days of construction operations.

Supporting documents: