Agenda item

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

Following the Officers’ presentation Councillor Lloyd of North Fambridge Parish Council addressed the Committee.

Councillor Miss S White, a Ward Member, felt that the comments raised by the Parish Council in respect of lighting were valid and Condition 6 should be amended to request the height of lighting poles be reduced to take into consideration wildlife and nature on the site.  In response the Senior Development Control Officer explained that the reasons why this change to the condition could not be applied as nothing had materially changed but advised that an informative could be added suggesting that a sensitive lighting scheme be implemented.

In response to comments from Members, the Lead Specialist Place advised that a variation of conditions application provides the Council opportunity to review conditions, the proposed revised conditions had taken into account changes to Government Guidance one of which was that prior to commencement should not be used.

Councillor Miss White proposed that a condition be added seeking that the lighting strategy be brought back for Member approval.  In response the Lead Specialist Place provided some guidance regarding requiring conditions to be brought back to the Committee as this was delegated to Officers.  He further explained and gave example of where the Director of Strategy, Performance and Governance had used his delegated powers to send an item back to the Committee.

It was further clarified that the Ecological Mitigation Strategy (EMS) had been approved under the previous DET permission and would apply to this application.  Any lighting scheme submitted would have to be sensitive as part of the EMS.

The Chairman then proposed that the Officers recommendation of approval as set out in the report be agreed and this was duly seconded.  Upon a vote being taken this motion was declared lost.

A discussion ensued and in response the Lead Specialist Place advised that in relation to Members’ concerns regarding ecology and lighting taking into account the DET application which had been agreed it would be reasonable to vary proposed condition 6 to accommodate details from the DET and make the condition clearer that the two matters were dealt with together.

Councillor Mrs P A Channer proposed that the application be approved as set out in the report subject to an amendment to condition 6, the wording revised condition to be agreed with the Chairman of the Committee and Ward Members.  This proposal was duly seconded and upon a vote being taken agreed.

RESOLVED that this application be APPROVED subject to the applicant entering into a deed of variation legal agreement to tie the Section 106 legal agreement pursuant to the Town and Country Planning Act 1990 (as amended) attached to planning application OUT/MAL/14/01018 this permission to secure planning obligations and the following conditions:

HEADS OF TERMS OF DEED OF VARIATION / SECTION 106 AGREEMENT:

·                 30% Affordable Housing required

·                 School Transport Contribution

CONDITIONS:

1          The development shall be carried out in accordance with plans and particulars relating to the layout, scale, appearance, the means of access to the site and the landscaping of the site (hereinafter called "the reserved matters"), for which approval was granted under reference RES/MAL/18/00558 on 7 July 2018.  The development shall be carried out fully in accordance with the details as approved.

2          The development hereby permitted shall be begun by 17 July 2020.  The development shall be carried out as approved.

3          The development hereby approved shall be constructed in accordance with the finished ground and finished floor levels agreed under DET/MAL/17/05142 and detailed on the submitted Site Levels Layout plan (Drawing No: Site B 132915-301-5 Revision P4 dated 21.02.2018 prepared by RSK) unless further details showing the finished ground and finished floor levels of the development in relation to the levels of the surrounding area are submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the scheme as approved.

4          The hard landscape works approved under RES/MAL/18/00558 (as specified on External Works Plan Drawing No: 746.231.07 dated 05.06.2018) shall be carried out as approved prior to the beneficial occupation of the development hereby approved and retained as such thereafter.

5          The tree protection and soft landscape works approved under RES/MAL/18/00558 as per the following details and Drawing No:-

·                 JBA 17/004-SK01 Revision F - Landscape Proposal for PLOTS and POS dated 23.05.2018

·                 JBA 17/004-SK02 Revision F - Landscape Proposal for PLOTS and POS dated 23.05.2018

·                 Measured Works Schedule Revision B dated 15.05.2018 prepared by James Blake Associates Ltd

·                 Landscape Management and Maintenance Plan (JBA 17/004 Rev B dated 15.05.2018) prepared by James Blake Associates Ltd

·                 Arboricultural Method Statement (JBA 17/004 AR02 Rev D dated 4 May 2018) prepared by James Blake Associates Ltd

·                 Landscape Programming (JBA 17/004-01 Revision G dated 27.04.2018) prepared by James Blake Associates Ltd

·                 Landscape Programming (JBA 17/004-02 Revision G dated 27.04.2018) prepared by James Blake Associates Ltd

·                 Tree Protection Plan (JBA 17/004-02 TP01 Revision C dated 26.04.2018) prepared by James Blake Associates Ltd

shall be carried out as approved within the first available planting season (October to March inclusive) following the commencement of the development.  If within a period of five years from the date of the planting of any tree or plant that tree or plant, or any tree or plant planted in its replacement, is removed, destroyed, dies, or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective, another tree or plant of the same species and size as that originally planted shall be planted in the same place, unless the Local Planning Authority gives its written consent to any variation.

6          Prior to the first occupation of the development hereby approved, a lighting strategy for the development, including the details of any street lights shall be submitted to and approved in writing by the Local Planning Authority.  The lighting strategy will need to be sensitively designed to minimise disturbance to wildlife and accord with the Outline Ecological Mitigation Strategy dated July 2017 (or any subsequent ecological mitigation strategy approved pursuant to condition 18).  The lighting shall thereafter be installed and retained in accordance with the approved details.  There shall be no other lighting of the public areas of the site

7          The construction of the development hereby approved shall be carried out in accordance with the construction management plan approved under DET/MAL/18/05092 and detailed in the following submissions:

·                 Construction Management Plan – Rev D – dated July 2018

·                 Crouch Road Access Plan (BDW_2A_SP_004 Revision A)

·                 Construction Management Layout Plan (BDW_2A_SP_001 Revision D)

The construction management plan shall be implemented prior to any development commencing on site and shall remain in force for the duration of the construction period of the development.  All construction infrastructure shall be removed from the site within three months of completion of the development.

8          Prior to the first occupation of the proposed development, the developer shall be responsible for the provision and implementation of a residential travel information pack for sustainable transport which shall be submitted to and approved in writing by the Local Planning Authority.  The travel information pack shall be provided on first occupation of each of the new dwellings.

9          The surface water drainage scheme approved as part of RES/MAL/18/00558 (Flood Risk Assessment & Surface Water Drainage Strategy (132915-R7(01)-FRA-Site B dated 10 May 2018) shall be implemented prior to the first occupation of the development. 

10        The surface water drainage scheme as referred to in condition 9 shall be managed and maintained in accordance with the details agreed under DET/MAL/17/05142 unless further details of who shall be responsible for the maintenance of the surface water drainage system in perpetuity, have been submitted to and approved in writing by the Local Planning Authority.  The management of the surface water drainage system shall accord with the approved details thereafter.

11        No occupation of dwellings approved by this permission shall occur until:

1)         a foul and wastewater scheme has been submitted to and approved in writing by the Local Planning Authority;

2)         the foul and wastewater scheme referred to above is implemented, and

3)         there is confirmation obtained of available permitted capacity in the network and at the South Woodham Ferrers treatment works.

The foul and wastewater scheme as agreed and implemented shall be retained as such thereafter.

12        The approved remediation scheme agreed under DET/MAL/18/05122 (WSP Remediation Strategy dated September 2018) must be carried out in accordance with its terms prior to the commencement of development, other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority.  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, a verification report that demonstrates the effectiveness of the remediation carried out must be produced.  This must be conducted by a competent person and in accordance with DEFRA and the Environment Agency’s 'Model Procedures for the Management of Land Contamination, CLR11' 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.

13        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.

14        Prior to the commencement of the development, and in accordance with plan reference b/PvPTheAvenue.1/01, received on 21 October 2014 under OUT/MAL/14/01018, the access at its centre line shall be provided with a clear to ground visibility splay with dimensions of 2.4 metres by 90 metres to the east and west, as measured form and along the nearside edge of the carriageway.  Such vehicular visibility splays shall be provided before the access is first used by vehicular traffic and retained free of any obstruction at all times.

15        The carriageway(s) of the proposed estate road(s) shall be constructed up to and including at least road base level, prior to the commencement of the erection of any dwelling intended to take access there from.  Furthermore, the carriageways and footways shall be constructed up to and including base course surfacing to ensure that each dwelling prior to occupation has a properly consolidated and surfaced carriageway and footway, between the dwelling and the existing highway.  Until such time as the final surfacing is completed, the footway base course shall be provided in a manner to avoid any upstands to gullies, covers, kerbs or other such obstructions within or bordering the footway.  The carriageways, footways and paths commensurate with the frontage of each dwelling shall be fully completed with final surfacing within twelve months from the occupation of such dwelling.

16        Prior to the first occupation of the development a scheme works setting out details of the access shall be submitted to and approved in writing by the Local Planning Authority.  The scheme shall include:

·   The construction of the access by way of a bellmouth with minimum radii of 6 metres;

·   The provision of two pedestrian dropped kerb crossing points with appropriate tactile paving across the bellmouth;

·   The provision of a 1.8 metres wide footway to the east of the access, for approximately 25-30 metres to tie in with the existing footway outside of the property known as Orchard House.

The access shall be implemented as per the approved scheme of works.

17        The boundary treatment erected as part of the development hereby permitted shall be as agreed under DET/MAL/17/05142 (as shown on Drawing No: 746.231.05 dated 19.02.2018) unless further details of the siting, height, design and materials of the treatment of all boundaries including gates, fences, walls, railings and piers are submitted to and approved in writing by the Local Planning Authority.  The screening as approved shall be constructed prior to the first use / occupation of the development to which it relates and be retained as such thereafter.

18        The development hereby permitted shall be carried out in accordance with the Outline Ecological Mitigation Strategy dated July 2017 approved under DET/MAL/17/05142 unless a further scheme detailing ecological mitigation measures are submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out and completed in accordance with the approved mitigation scheme.