Agenda item

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

A Members’ Update had been circulated prior to the meeting that detailed receipt of a  unilateral undertaking that was with the Council’s Legal Department for checking. The Update also detailed a further amendment to condition 6.

Following the Officers’ presentation, the Chairman opened the debate on the application. In response to a query about Southminster Parish Council’s view of the application, the Officer confirmed that supporting comments had been received from the council. Councillor Bell said she could see no demonstrable harm caused by this application and would support it.

There being no further comments the Chairman moved the Officer’s recommendation to  approve the application subject to conditions and completion of a s106 agreement. This was seconded by Councillor Bell.

The Chairman put the recommendation to the Committee and it was agreed by assent

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 the date of this permission.

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: 6774-1602-A, 6774-1401-A, 6774-1302-C, 6774-1301-B, 6774-A-1205-E, 6774-A-1204-E, 6774-A-1203-E, 6774-A-1202-B, 6774-A-1201-B, 6774-1103-B, 6774-1102-B, 6774-1101-B

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

3.         Prior to their use in the development hereby approved, details or samples of the materials to be used in the construction of the external surfaces, including windows and doors, of the development hereby approved shall have been submitted to and approved in writing by the local planning authority.  The development shall be carried out in accordance with the approved details.

REASON  To ensure the external appearance of the development is appropriate to the locality in accordance with policy D1 of the approved Maldon District Local Development Plan and the guidance contained in the Maldon District Design Guide SPD.

4.         Prior to the occupation of the development hereby approved details of the boundary treatment of the site shall be submitted to and approved in writing by the Local Planning Authority.  The boundary treatment shall be provided prior to the occupation of the dwelling hereby approved in accordance with the approved details and be retained as such in perpetuity.

REASON  To ensure the external appearance of the development is appropriate to the locality and that the development would protect the amenities of the neighbouring occupiers in accordance with policy D1 of the approved Maldon District Local Development Plan and the guidance contained in the Maldon District Design Guide SPD.

5.         Prior to the occupation of the development details of both hard and soft landscape works to be carried out shall have been submitted to and approved in writing by the Local Planning Authority.  These details shall include the layout of the hard landscaped areas with the materials and finishes to be used and details of the soft landscape works including schedules of shrubs and trees to be planted, noting the species, stock size, proposed numbers/densities and details of the planting scheme's implementation, aftercare and maintenance programme.

The hard landscape works shall be carried out as approved prior to the beneficial occupation of the development hereby approved unless otherwise first agreed in writing by the Local Planning Authority. The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the occupation of the development, unless otherwise first 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.

REASON  To ensure that the details of the development are satisfactory in accordance with policy D1 of the Maldon District Development Local Plan and the guidance contained in the Maldon District Design Guide SPD.

6.         No development shall commence 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.

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 Local Development Plan.

7.         No development works above ground level shall occur until details of the surface water drainage scheme to serve the development has been 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.  The scheme shall ensure that for a minimum:

1) The development should be able to manage water on site for 1 in 100 years events plus 40% climate change allowance.

2) Run-off from a greenfield site for all storm events that have a 100% chance of occurring each year (1 in 1 year event) inclusive of climate change should be no higher than 10/ls and no lower than 1/ls. The rate should be restricted to the 1 in 1.greenfield rate or equivalent greenfield rates with long term storage (minimum rate 1l/s) or 50% betterment of existing run off rates on brownfield sites (provided this does not result in a runoff rate less than greenfield) or 50% betterment of existing run off rates on brownfield sites (provided this does not result in a runoff rate less than greenfield)

You are advised that in order to satisfy the soakaway condition the following details will be required: - details of the area to be drained, infiltration rate (as determined by BRE Digest 365), proposed length, width and depth of soakaway, groundwater level and whether it will be rubble filled.

Where the local planning authority accepts discharge to an adopted sewer network you will be required to provide written confirmation from the statutory undertaker that the discharge will be accepted.

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

8.         No development above ground level shall be occur until details of the foul drainage scheme to serve the development have been 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.

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

9.         The integral garage and first floor storage area shall remain available for the parking of vehicles and domestic storage in perpetuity and shall at no time be converted into habitable accommodation.

REASON  To ensure that appropriate parking is provided in accordance with policies D1 and T2 of the approved Local Development Plan. 

10.       Details of the refuse stores shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the development.  The development shall be implemented in accordance with the approved details and be retained for such purposes in perpetuity thereafter.

REASON  To ensure that adequate refuse facilities are proposed in accordance with policies D1 of the approved Local Development Plan and the guidance contained in the Maldon District Design Guide SPD.

11.       Notwithstanding the provisions of the Town and Country Planning (General  

Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no extensions or separate buildings (other than ancillary outbuildings not exceeding 10 cubic metres in volume) shall be erected within the site.

REASON  To protect the visual amenity of the rural area and the amenities of the neighbouring occupiers in accordance with Policies D1 and H4 of the Maldon District Local Development Plan and the Maldon District Design Guide.