Agenda item

21/00415/FUL - Land North of Orchard Way, Mope Lane, Wickham Bishops

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

Minutes:

 

Application Number

21/00415/FUL

Location

Land North of Orchard Way, Mope Lane, Wickham Bishops

Proposal

Creation of a 4/5 bedroom dwelling and garden

Applicant

Erica and Claire Webber and Koch

Agent

Karen Fardell - Plater Claiborne Architecture And Design

Target Decision Date

EOT 15.07.2021

Case Officer

Hayleigh Parker-Haines

Parish

WICKHAM BISHOPS

Reason for Referral to the Committee / Council


Departure from Local Plan

 

 

Following the Officer’s presentation, Wickham Bishops’ Parish Councillor Ian Wardrop, and the Agent, Ms Karen Fardell, addressed the Committee.

 

There was overall support for the application from the start of the debate. As a result of this the Chairman moved the Officer’s recommendation to approve the application and this was seconded by Councillor Morley.

 

Prior to putting the recommendation to the vote Councillor Durham indicated a wish to speak. He said that although the application did not meet recognised housing need it did fit the street scene which was predominantly large houses and that smaller dwellings would appear incongruous. He said he took on board the Parish Council’s concerns, however, it was with a heavy heart he was supporting the application this time round as without a 5 year housing land supply and given the decision of the committee last time round, which was a material planning consideration, the Council would be in a difficult situation should it be refused.

 

Councillor Siddall concurred with Councillor Durham and asked about preservation of the orchard. The Officer assured the Committee that this was covered under conditions11, 12 and 15 respectively.

 

There being no further discussion the Chairman put the Officer’s recommendation to approve the application to the Committee. Upon a vote being taken it was unanimously 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 the date of this permission.

2         The development hereby permitted shall be carried out in accordance with the following approved plans and documents: 2019/loc01, 2019/02, 2019/03, 2019/04, 2019/05, 2019/06, 2019/07 and 2019/08

3         The materials used in the construction of the development hereby approved shall be as set out within the application form/plans hereby approved.

4         Prior to the occupation of the dwelling hereby approved, full details of both hard and soft landscape works shall be submitted to and approved in writing by the local planning authority and these works shall be carried out as approved.  These details shall include, for example:

                     i.            Proposes finished levels contours;

                    ii.            Hard surfacing materials;

                  iii.            Planting details. 

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 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.

5         No development works above ground level shall occur until details of the surface water 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.  The scheme shall ensure that for a minimum:

1)       The development should be able to manage water on site for 1 in 100 year 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.

6         No development works above ground level shall occur until 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.

7         Prior to occupation of the dwelling hereby approved, the upgraded vehicular access shall be constructed at right angles to the highway boundary and to the existing carriageway as shown in principle in the Block Plan Layout drawing 2019/03

8         There shall be no discharge of surface water onto the Highway. 

9         All loading / unloading / reception and storage of building materials and the

manoeuvring of all vehicles, including construction traffic shall be undertaken within the application site, clear of the public highway

10     There should be no obstruction above ground level within a 2.4m parallel band visibility splay as measured from and along the nearside edge of the carriageway across the entire site frontage.  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. 

11     All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal (T4 Ecology Ltd, June 2021).  All mitigation and enhancement measures shall be provided within the identified times frames within the Preliminary Ecological Appraisal (T4 Ecology Ltd, June 2021) or where no timeframes are stated within six months of first occupation of the dwelling hereby approved.  The mitigation and enhancement measures shall be retained in perpetuity. 

12     A Biodiversity Enhancement Strategy shall be submitted to and approved in writing by the local planning authority following the recommendations made within the Preliminary Ecological Appraisal (T4 Ecology Ltd, June 2021).  The content of the Biodiversity Enhancement Strategy shall include the following:

            a) Purpose and conservation objectives for the proposed enhancement measures;

            b) detailed designs to achieve stated objectives;

            c) locations of proposed enhancement measures by appropriate maps and plans;

            d) persons responsible for implementing the enhancement measures;

            e) details of initial aftercare and long-term maintenance. 

The works shall be implemented in accordance with the approved details and shall be retained in that manner thereafter

13     Prior to occupation of the dwelling a lighting design scheme for biodiversity shall be submitted to and approved in writing by the local planning authority.  The scheme shall identify those features on site that are particularly sensitive for bats and that are likely to cause disturbance along important routes used for foraging; and show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory. 

All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme.  Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

14     Prior to the commencement of development, a construction environmental management plan (CEMP: Biodiversity) shall be submitted to and approved in writing by the local planning authority. 

The CEMP (Biodiversity) shall include the following. 

a)       Risk assessment of potentially damaging construction activities. 

b)       Identification of “biodiversity protection zones”.

c)       Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).

d)       The location and timing of sensitive works to avoid harm to biodiversity features.

e)       The times during construction when specialist ecologists need to be present on site to oversee works.

f)         Responsible persons and lines of communication.

g)       The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

h)       Use of protective fences, exclusion barriers and warning signs. 

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

15     No operations shall commence on site, including any site clearance or groundworks, unless and until a tree protection method statement, prepared in accordance with BS5837:2012, has been submitted to and approved in writing by the local planning authority.  The statement is to include a tree protection plan and ground protection measures for all those trees and areas of vegetation shown as being retained on drawing No 2019|03 and supporting information plan 001 C.  Development shall be carried out in accordance with the measures set out in the approved statement during the construction period.  No trees or vegetation retained pursuant to this condition shall be cut down, removed or uprooted without the prior written approval of the local planning authority.

 

INFORMATIVES

1.     The applicant should consult the Waste and Street Scene Team at Maldon District Council to ensure that adequate and suitable facilities for the storage and collection of domestic waste and recyclables are agreed, and that the site road is constructed to accommodate the size and weight of the Council's collection vehicles.

2.     Should the existence of any contaminated ground or groundwater conditions and/or hazardous soil gases be found that were not previously identified or not considered in a scheme agreed in writing with the Local Planning Authority, the site or part thereof shall be re-assessed and a scheme to bring the site to a suitable condition shall be submitted to and agreed in writing with the Local Planning Authority.  A "suitable condition" means one in that represents an acceptable risk to human health, the water environment, property and ecosystems and scheduled ancient monuments and cannot be determined as contaminated land under Part 2A of the Environmental Protection Act 1990 now or in the future.  The work will be undertaken by a competent person in accordance with the Essex Contaminated Land Consortium's Land Contamination Technical Guidance for Applicants and Developers and UK best-practice guidance.

 

3.     The applicant should ensure the control of nuisances during construction works to preserve the amenity of the area and avoid nuisances to neighbours:

 

a) No waste materials should be burnt on the site, instead being removed by licensed waste contractors;

b) No dust emissions should leave the boundary of the site;

c) Consideration should be taken to restricting the duration of noisy activities and in locating them away from the periphery of the site;

d) Hours of works: works should only be undertaken between 0730 hours and 1800 hours on weekdays; between 0800 hours and 1300 hours on Saturdays and not at any time on Sundays and Public Holidays.

 

Where it is necessary to work outside of these recommended hours the developer and builder should consult the local residents who are likely to be affected and contact the Environmental health Team for advice as soon as the work is anticipated.

 

4.     All work within or affecting the highway is to be laid out and constructed by prior arrangement with and to the requirements and specifications of the Highway Authority; all details shall be agreed before the commencement of works. 

 

The applicants should be advised to contact the Development Management Team by email at development.management@essexhighways.org or by post to: SMO2 - Essex Highways, Springfield Highways Depot, Colchester Road, Chelmsford, CM2 5PU.

 

Supporting documents: