Agenda item

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

Application Number	20/00375/FUL
Location	Land Rear of 148 Station Road, Burnham-on-Crouch
Proposal	Proposed change of use from Class B1 and B2 to Class C3, demolition of existing dilapidated industrial building and erection of 4 new residential dwelling houses, ancillary development and landscaping
Applicant	Mr Levy - Countryside Style Ltd
Agent	Chris Wragg - Arcady Architects Ltd
Target Decision Date	17.06.2020 EOT 22.07.2020
Case Officer	Julia Sargeant
Parish	BURNHAM SOUTH
Reason for Referral to the Committee / Council	Member call in by Councillor V J Bell. Reasons for call in: ·      Maldon District Council (MDC) Local Development Plan (LDP) policies H2 and H4 (1,2,4,5 and 7) ·      Burnham Town Council (BTC) Neighbourhood Development Plan (NDP) policies HO1 and EN2 ·      Strategic Housing Market Assessment (SHMA) – local need ·      MDC parking Supplementary Planning Document (SPD)

 

A Members’ Update was submitted advising that the developer had signed a legal agreement to secure the required contribution of £125.58 per dwelling in relation to the RAMS. Therefore, the impact of the development in this respect was considered to be mitigated. It also detailed a supporting comment from County Highways.

 

Following the Officer’s presentation, the Chairman addressed the two public participation submissions received, one from an Objector, David Howes, and one from the Applicant, Chris Wragg. He then moved the recommendation as set out in the report and this was seconded by Councillor Fluker.

 

Councillor Skeens opened the discussion by expressing concerns regarding two key issues. One was the introduction of a new proposed entrance way for the additional houses in an area already compromised by a blind bend and two other busy entrance ways, one being TESCO. The second concern was the roof heights and the fact that the proposed houses were much bigger than the surrounding buildings. He reminded the Committee once again that the area already had housing numbers way beyond that agreed in the Burnham Neighbourhood Plan which residents had agreed and voted for.

 

Councillor Stamp echoed Councillor Skeens’ comments. She said that yet again Burnham-on-Crouch was being asked to agree more proposals for family homes despite the infrastructure being overstretched. She stressed that she would not have issues with bungalow accommodation, but that the area could not sustain any more large family homes. If minded to approve she asked that the issue of Japanese Knotweed be conditioned and if possible condition the planting of trees for privacy purposes.

 

The Lead Specialist: Development Management referring to the plans advised that  the proposed buildings were in keeping with existing and that Essex Highways had not objected to the proposed entrance. In addition, the Inspector had already accepted the principle of development on the site, therefore, it would be very difficult to sustain a reason for refusal on the basis of development of additional houses. Screening could also prove difficult on both the eastern and western side, however, the only elevation that impacted was the flank elevation and it had no windows therefore overlooking was not an issue.

 

Councillor Skeens then proposed that the application be refused contrary to the Officer’s recommendation for the reasons already outlined and this was seconded by Councillor Stamp.

 

The Lead Specialist Place reminded Members that the Inspector had already accepted the principle of this development and that it would be very dangerous for an authority to revisit this acceptance.

 

The Chairman then put the Officer’s recommendation to approve the application to the Committee. Upon a vote being taken the application was approved.

 

 

RESOLVED that the application be APPROVED subject to the following conditions and the inclusion of details of a tree planting scheme to the east of plot 4 to assist in screening the development, , together with a Unilateral Undertaking in relation to RAMS

 

1          The development hereby permitted shall begin no later than three years from the date of this decision.

REASON  To comply with Section 91(1) of The Town & Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2          The development shall be carried out and retained in accordance with the following approved plans and documents: 16/17/01, 16/17/02, 16/17/03, 16/17/10 Rev B, 16/17/17 Rev A, 16/17/18, Tree Protection Plan Rev 2, 49157-PP-001 Rev C

REASON  To ensure the development is carried out in accordance with the details as approved.

3          Prior to their inclusion in the development hereby approved, written details or samples of all external facing materials shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

REASON  In the interest of the character and appearance of the area in accordance with policy D1 of the approved Local Development Plan and guidance contained within the National Planning Policy Framework.

4          Full details of both hard and soft landscape works shall be submitted to and approved in writing by the local planning authority prior to any works occurring above ground level at the application site.  These details shall include:

(i)        boundary treatments;

(ii)       hard surfacing, including materials and finishes;

(iii)      soft landscaping, including planting plans with schedules of plant species, plant sizes and proposed planting numbers/densities; written specifications (including cultivation and other operations associated with plant and grass establishment) and a programme of implementation and maintenance.

 

The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the occupation of any part of the development hereby approved unless otherwise agreed in writing by the local planning authority.  If within a period of five years from the date of the planting of any tree or plant, or any tree or plant planted in its replacement, is removed, uprooted, 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.

 

The hard landscape works shall be carried out as approved prior to the first use / occupation of the development hereby approved and retained and maintained as such thereafter.

REASON  In the interest of the character and appearance of the area in accordance with policy D1 of the approved Local Development Plan and guidance contained within the National Planning Policy Framework.

5          The trees and/or hedges identified for retention on the approved plan drawing number 16/17/10 Rev B shall be protected during the course of the development.  The trees and/or hedges shall be protected by measures which accord with British Standard 5837:2012 (Trees in Relation to Construction).  The protective fencing and ground protection shall be erected before the commencement of any clearing, demolition and building operations and shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Within the fenced protection zone(s) no materials shall be stored, no rubbish dumped, no fires lit and no buildings erected inside the fence, nor shall any change in ground level be made within the fenced area unless otherwise first agreed in writing by the local planning authority.  If within five years from the completion of the development a tree or hedge shown to be retained is removed, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, a replacement shall be planted within the site of such species and size, and shall be planted at such time, as specified in writing by the local planning authority.

REASON  To ensure the appropriate protection for the trees to be retained on site in the interest of the character and appearance of the area in accordance with policy D1 of the approved Local Development Plan and guidance contained within the National Planning Policy Framework.

6          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 risk assessment shall assess the nature and extent of any contamination on the site whether or not it originates on the site.

 

The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include:

(i)              a survey of extent, scale and nature of contamination;

 

(ii)       an assessment of the potential risks to:

·             human health,

·             properly (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

·             adjoining land,

·             groundwaters and surface waters

·             ecological systems

·             archaeological sites and ancient monuments;

 

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

 

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, 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.

REASON  To ensure any contamination found present on the land is remediated in the interests of the occupiers of the dwellings on this development as well as neighbouring land uses and the water environment in accordance with policy D2 of the Approved Maldon District Local Development Plan, and the NPPF and PPG.

7          Where identified as necessary in accordance with the requirements of condition 6, no development shall commence, other than that required to carry out remediation, 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 must be given two weeks written notification of commencement of the remediation scheme work. 

 

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 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.

REASON  To ensure any contamination found present on the land is remediated in the interests of the occupiers of the dwellings on this development as well as neighbouring land uses and the water environment in accordance with policy D2 of the Approved Maldon District Local Development Plan, and the NPPF and PPG.

8          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.

REASON  To ensure any contamination found present on the land is remediated in the interests of the occupiers of the dwellings on this development as well as neighbouring land uses and the water environment in accordance with policy D2 of the Approved Maldon District Local Development Plan, and the NPPF and PPG.

9          (A)      No demolition/development or groundworks shall commence until a

Written Scheme of Investigation, in response to an archaeological brief, has been submitted to and approved by the local planning authority in writing.  The scheme shall include an assessment of significance and research questions, and:

1.               The programme and methodology of site investigation and recording

2.               The programme for post investigation assessment

3.               Provision to be made for analysis of the site investigation and recording

4.               Provision to be made for publication and dissemination of the analysis and records of the site investigation

5.         Provision to be made for archive deposition of the analysis and records of the site investigation

(B)      No demolition/development shall take place other than in accordance with the Written Scheme of Investigation approved under condition (A).

(C)      The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition (A) and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

REASON  To safeguard any archaeological remains found present on the site in accordance with policy D3 of the Maldon District Local Development Plan, and the NPPF and PPG.

10        Notwithstanding the details submitted with this application, no development shall commence until a Phase 2 preconstruction survey for Japanese Knotweed has been submitted to and approved in writing by the local planning authority.  The preconstruction survey for Japanese Knotweed shall include full details of a scheme for its eradication and/or control should Japanese Knotweed be found.  The development shall be carried out in accordance with the approved survey.

REASON  To ensure that any Japanese Knotweed present on the site is managed in the interests of the occupiers of the dwellings on this development as well as neighbouring land uses in accordance with policy D2 of the Approved Maldon District Local Development Plan, and the NPPF and PPG.

11        No development shall take place, including any ground works or works of demolition, until a Construction Method Statement (CMS) 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:

(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 under body washing facilities

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 in accordance with policies D1 and T2 of the submitted Local Development Plan.

12        The development hereby permitted shall be carried out in accordance with the conclusions and recommendations contained within the Preliminary Ecological Appraisal dated February 2018.

REASON  To minimise the impact of the development upon the biodiversity and ecology interest of the site in accordance with Policies D1 and N2 of the approved Maldon District Local Development Plan, the National Planning Policy Framework and Planning Policy Guidance.

13        No dwelling hereby permitted shall be occupied until the sustainable drainage scheme for the site has been completed in accordance with the submitted details (Flood Risk Assessment March 2020 updated by 49157-PP-001 Rev C and Flow Calcs Rev C).  The sustainable drainage scheme shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan.

REASON  To prevent flooding by ensuring the satisfactory storage of / disposal of surface water from the site and to ensure the effective operation of SuDS features over the lifetime of the development in accordance with policy D5 of the approved Maldon District Local Development Plan, the National Planning Policy Framework and Planning Policy Guidance.

14        Notwithstanding the details submitted with this application prior to any works occurring above ground level at the application site full details of a bin collection point shall be submitted to and agreed in writing by the local planning authority.  The bin collection point shall be provided as per the agreed details prior to occupation of the development.

REASON  To ensure that the bin collection point is appropriate in accordance with policies D1 and D2 of the approved Maldon District Local Development Plan as well as the Planning and Waste Management Technical Document to Maldon District Design Guide.

15        Prior to first occupation of the dwellings hereby permitted the glazing and trickle ventilation provided to the development shall meet the criteria contained within table 4 of the Environmental Noise Assessment produced by Robin Cross dated 14 November 2017.

REASON  To protect the amenities of occupiers of the development in accordance with policy D1 of the approved Maldon District Local Development Plan, the National Planning Policy Framework and Planning Policy Guidance.

16        No dwelling shall be occupied until space has been laid out within the site in accordance with drawing no 16/17/10 Rev B for 8 cars to be parked and for vehicles to turn so that they may enter and leave the site in forward gear and that space shall thereafter be kept available for such purposes in perpetuity.

REASON  To ensure the provision of appropriate parking and turning facilities for the development in accordance with policies D1 and T2 of the approved Maldon District Local Development Plan, the National Planning Policy Framework and Planning Policy Guidance.

17        The bicycle parking facilities as shown on the approved plans 16/17/17 Rev A and 16/17/10 Rev B shall be provided in accordance with the approved scheme prior to the first occupation of the development and retained for such purposes thereafter.

REASON  To ensure the provision of appropriate bicycle parking facilities for the development in accordance with policies D1 and T2 of the approved Maldon District Local Development Plan, the National Planning Policy Framework and Planning Policy Guidance

18        No unbound material shall be used in the surface treatment of the vehicular access within 6 metres of the highway boundary.

REASON  To avoid displacement of loose material onto the highway in the interests of highway safety in accordance with policies D1 and T2 of the approved Maldon District Local Development Plan, the National Planning Policy Framework and Planning Policy Guidance.

19        Any gates provided at the vehicular access shall be inward opening only and shall be set back a minimum of 6 metres from the back edge of the carriageway.

REASON  To enable vehicles using the access to stand clear of the carriageway whilst gates are being opened and closed in the interest of highway safety in accordance with policies T1 and T2 of the approved Maldon District Local Development Plan, the National Planning Policy Framework and Planning Policy Guidance.

20        Prior to the first occupation of the dwellings on plot 1 and 4 hereby permitted, the first floor window(s) in the west facing elevation of plot 1 and the east facing elevation of plot 4 shall be glazed with opaque glass and of a non- openable design with the exception of a top hung fanlight (which shall be at least 1.7m above internal floor level) and shall be retained as such thereafter.

REASON  To ensure that the development does not result in a loss of privacy or amenity for neighbouring occupiers in accordance with policy D1 of the approved Maldon District Local Development Plan, the National Planning Policy Framework and Planning Policy Guidance.

21        The applicant/occupier is required to have in place a flood action plan to respond to any flood warnings issued by the Environment Agency. Details of the flood plan shall previously have been submitted to and agreed in writing by the local planning authority, prior to first occupation of the development hereby permitted.

REASON  To ensure that an appropriate flood action plan is in place as the site access is located within Flood Zone 3 in accordance with policy D5 of the Maldon Local Development Plan as well as the NPPF and PPG.

22        Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking or re-enacting that Order) no dormer window or other form of addition or opening shall be constructed in the roof or gable walls of the buildings hereby permitted without planning permission having been obtained from the local planning authority.

REASON  To ensure that the development does not result in harm to the character and appearance of the area or result in a loss of privacy or amenity for neighbouring occupiers in accordance with policy D1 of the approved Local Development Plan and guidance contained within the National Planning Policy Framework

23        Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking or re-enacting that Order) no further openings or windows at first floor level or above shall be inserted in the flank elevations of the dwellings on plots 1 and 4 hereby permitted without planning permission having been obtained from the local planning authority.

REASON  To ensure that the development does not result in a loss of privacy or amenity for neighbouring occupiers in accordance with policy D1 of the approved Local Development Plan and guidance contained within the National Planning Policy Framework.