Agenda item

20/00452/FUL - Millfields Caravan Park, Millfields, Burnham-on-Crouch

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

 

Minutes:

Application Number

20/00452/FUL

Location

Millfields Caravan Park, Millfields, Burnham-on-Crouch

Proposal

Removal of condition 6 (wintering bird period) on approved planning permission FUL/MAL/18/00381 (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 Ltd

Agent

Mr Philip Kratz – GSC Solicitors LLP

Target Decision Date

09.09.2020

Case Officer

Devan Hearnah

Parish

BURNHAM SOUTH

Reason for Referral to the Committee / Council

Council owned land 

 

A Members’ Update was submitted that detailed a letter of objection.

 

Following the Officer’s presentation, the Chairman moved the recommendation that planning application 20/00452/FUL, Millfields Caravan Park, Millfields, Burnham-on-Crouchbe approved subject to the conditions as detailed in Section 8 of the report. This was seconded by Councillor Bell.

 

A brief discussion ensued around the ecology of Burnham-on-Crouch, the need to protect both over wintering birds and spring and summer nesting birds together with concerns that the application site had not been visited by the Royal Society for the Protection of Birds (RSPB). However, it was noted that the Conservation Officer had offered no objections to the application.

 

There being no further discussion the Chairman put the Officer’s recommendation of approval to the Committee. Upon a vote being taken the application was approved.

 

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

                                   

1                 The development hereby permitted shall be begun before the expiration of three years from 13 September 2019.

REASON To comply with Section 91(1) of The Town & Country Planning Act 1990 (as amended).

2                 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.

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

3                 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.

REASON To ensure that the development would only provide facilities ancillary to the existing lawful use of the site in the interests of the character and appearance of the area, the adjoining designated nature conservation site and minimising flood risk in accord with policies S1, S8, E5, D1, D2, D5 and N2 of the approved Local Development Plan, policies EC.6, EN.1 and EN.3 of the Burnham-on-Crouch Neighbourhood Plan and the guidance contained within the National Planning Policy Framework.

4                 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.

REASON In order to ensure that there is no adverse effect to the adjoining designated nature conservation site in line with policies S1, S8, E5, D1, D2 and N2 of the approved Local Development Plan, policy EN.3 of the Burnham-on-Crouch Neighbourhood Plan and the guidance contained within the National Planning Policy Framework

5                 The use of the site hereby permitted shall be implemented in accordance with the Flood Warning and Evacuation Plan (dated 19.02.2019) approved under planning permission 18/00381/FUL. The Plan shall be made available to all users of the site at all times throughout the lifetime of this permission.

REASON In order to ensure that the impact from any flood events is limited in line with policy D5 of the approved Local Development Plan, policy EN.1 of the Burnham-on-Crouch Neighborhood Plan and the guidance contained within the National Planning Policy Framework.

6                 The development shall be carried out in accordance with the foul drainage scheme approved under the terms of 20/05056/DET. The scheme shall be implemented prior to the first occupation of the development.

REASON To avoid the risk of water flooding and pollution in accordance with policy D2 of the Maldon Local Development Plan (2017).

7                 In accordance with the detail contained within The Phase 2 Environmental Investigation Report (13 March 2020), discharged under the terms of 20/05056/DET, 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. 

REASON To prevent the undue contamination of the site in accordance with policy D2 of the approved Maldon Development Local Plan (2017).

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 prevent the undue contamination of the site in accordance with policy D2 of the approved Maldon Development Local Plan (2017).

9                 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.

REASON To avoid the risk of water flooding and pollution in accordance with policy D2 of the Maldon Local Development Plan (2017).

10              The Construction Method Statement approved under the terms of application 20/05056/DET shall be adhered to throughout the construction period.

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 BE1 and T2 of the adopted Replacement Local Plan, and policies D1 and T2 of the submitted Local Development Plan.

11              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.

REASON In the interests of the character and appearance of the site and the surrounding area, in accordance with policy D1 of the Maldon District Local Development Plan.

Supporting documents: