To consider the report of the Director of Service Delivery, (copy enclosed, Members’ Update to be circulated)*.
Land At Broad Street Green Road, Maypole Road And Langford Road, Heybridge, Essex
Formation of temporary access points for construction traffic from Maypole Road and Broad Street Green Road.
Mr D Moseley
Kevin Coleman - Phase 2 Planning & Development Ltd
Target Decision Date
30.09.2021 (Extension of time agreed: 08.12.2021)
Reason for Referral to the Committee / Council
Member Call In by Councillor Michael Edwards
Reason: Policies N1 and N2 and deviation from the construction accesses allowed on appeal under the terms of application 15/00419/OUT
Councillor Miss A M Beale pointed out that the report and Members’ Update referred to the Parish as Heybridge East but it was Heybridge West. This was noted.
It was noted from the Members’ Update that this application related to one of the Garden Suburbs (S2(d)) included in Policy S2 of the Local Development Plan, and therefore defaults to this District Planning Committee for consideration. The Update also detailed a consultation response from Environmental Health, further site history and a proposed amendment to condition 8 following recent approval of an application related to this site.
Following the Officers’ presentation, the Agent - Mr Coleman and an objector – Mr Sismey addressed the Committee.
At this point the Chairman advised that under Rule 19 he was using his discretion to hear another submission and allowing Councillor C Morris to speak as he was a District Councillor for this area. Councillor Morris then proceeded to speak during which he raised some concerns regarding the site.
A debate ensued, during which a number of Members raised a number of points and in response the following information was provided by Officers:
· It was clarified that any future Reserved Matters application in relation to this site would be brought to this Committee for determination.
· Members were advised that a traffic management plan had already been approved through an earlier discharge of condition application in relation to this site.
· The purpose of the temporary accesses is to allow construction of the main site junctions and alleviate any possible congestion to the adjacent highway. When no longer required, or by 4 November 2023, they would be removed and the land restored to its former condition. This is secured by planning condition.
· Questions were raised regarding the location plan and red line highlighting the site and Officers confirmed that the red lien was clearly around the access point and there was no risk to the Council.
· The applicant was under legal arrangement with the Highways Authority.
· Officers explained how a number of conditions from the original permission of the hybrid application 14/00419/OUT would relate to this application.
· It would be unreasonable to include a condition requiring a bridleway when planning permission was sought for access only.
At this point Councillor A S Fluker proposed that should Members be mindful to grant permission, an additional condition be added, stating that the developer has to keep the highway clear, 150m either side of the junction for all dust, debris and detritus. He commented that this would assist in serving the local community. This proposal was duly seconded and agreed.
The Chairman put the Officers proposal of approval with the additional condition as proposed by Councillor Fluker to the Committee. This was duly seconded and upon a vote being taken was agreed.
RESOLVED that this 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 temporary access points for construction traffic hereby permitted shall be removed and the land restored to its former condition in accordance with a scheme of work to be submitted to and approved in writing by the local planning authority on or before 4 November 2023. The submitted scheme of works shall include, but not limited to, a landscaping scheme focusing on native planting which would enhance seasonal amenity and ecological net gain.
3 The development hereby permitted shall be carried out in complete accordance with approved drawings: F00134 RJL NA NA DR C 0906; F00134 RJL NA DR C 0907; F00134 RJL NA DR C 0908; F00134 RJL NA DR C 0909; F00134 RJL NA DR C 0910; F00134 RJL NA DR C 0911; F00134 RJL NA DR C 0912 and F00134 RJL NA DR C 0913.
4 Prior to the first use of the accesses the visibility splays of 2.4m x 120m, as shown on Richard Jackson drawings no. 0906 & 0907, shall be provided clear to ground level, as measured from and along the nearside edge of the carriageway. Such vehicular visibility splays shall be maintained for the duration of the construction accesses.
5 Prior to the first use of the new construction access on Maypole Road, the existing farm access to the north of the proposal, shall be permanently closed off, with the highway verge being fully reinstated. All details to be agreed with the Highway Authority.
6 The development hereby approved shall be implemented in accordance with the Arboricultural Impact Assessment Report, dated July 2021 (Ref no.: SHA 1012), which is attached to and forms part of this permission.
7 Notwithstanding condition 6, the trees and hedges identified for retention within the Arboricultural Impact Assessment Report, dated July 2021 (Ref no.: SHA 1012) which is attached to and forms part of this permission 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.
8 The construction and use of the temporary construction access points hereby permitted shall only be undertaken in accordance with the details approved as part of application 21/05134/DET.
9 The public highway shall be kept clear from mud and debris during construction and use of the temporary vehicular access points hereby approved. In the event that any dirt/dust/mud is carried onto the public highway, a road sweeper or an equivalent mechanism shall be immediately commissioned in order to clear away any dirt/dust/mud/debris.