Agenda item

22/00071/FUL - Sunnyside, Stoney Hills, Burnham-on-Crouch, Essex, CM0 8QA

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



Application Number



Sunnyside, Stoney Hills, Essex, CM0 8QA


Demolition of existing house and ancillary structures and the erection two new dwellings


Mr and Mrs Kevin Levins


Mr Anthony Cussen - Cussen Construction Consultants

Target Decision Date


Case Officer

Nicola Ward



Reason for Referral to the Committee / Council

Not Delegated to Officers as Departure from Local Plan


A Members’ Update was circulated prior to the meeting that covered the imposing of a pre-commencement condition regarding land contamination and a verbal update was received by the Committee regarding three further ecology conditions.


Following the officer’s presentation, the agent, Mr Cussen, addressed the committee. The Chairman then opened the discussion.


At this point Councillor Channer advised that having heard the agent’s comments and viewed the location she was acquainted with neighbouring properties and would not partake in the decision-making on this application.


Councillor Stamp expressed concern regarding the sustainability of continued development in this area and the problems experienced by those servicing existing properties such as refuse collection companies. The infrastructure was not fit for purpose and unsafe for children walking to school, as evidenced by the amount of complaints she had received. Councillor Skeens echoed her concerns around accessibility.


The Chairman reminded the committee that valid planning reasons were required to ensure decisions made were supported by the Planning Inspector.  Councillor Fluker asked if an officer site visit had taken place and this was confirmed.  He also referenced the importance of valid planning reasons and proposed that the application be approved in accordance with the officer’s recommendation as it was a sustainable area, this was seconded by Councillor Boyce.


The Chairman then put Councillor Fluker’s proposal to approve the application subject to proposed conditions to the Committee and it was agreed.


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: 1214/01, 1214/02, 1214/03, 1214/04, 1214/05, 1214/06, 1214/07,1214/08, 1214/09 and 1214/0103.

3          The materials used the in the development hereby approved shall be as set

out within the application form/plans hereby approved.

4          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 of the dwellings hereby permitted, nor shall any extensions be erected, without planning permission having been obtained from the LPA.

5          If, during the course of development, any contamination is found which has

not been previously identified, work shall be suspended and measures for its remediation shall be submitted to and approved in writing by the LPA  The remediation of the site shall incorporate the approved measures and a verification report for all the remediation works shall be submitted to the LPA within 14 days of the report being completed and shall be approved in writing by the LPA

6          The dwellings hereby approved shall not be occupied until two car parking

spaces have been laid out for both dwellings,and sufficient space for vehicles to turn so that they may enter and leave the site in forward gear has been provided, the spaces provided shall thereafter be kept available for such purposes in perpetuity.

7          Prior to the first occupation of the dwellings hereby permitted, the rooflight

windows within the western roof slopes of both the dwellings, as shown on drawing nos. 1214/08 and 1214/09, shall be glazed with opaque glass and of a non- openable design and shall be retained as such thereafter.

8          Prior to the occupation of the dwellings hereby permitted, details of the siting,

height, design and materials of the treatment of all boundaries including existing hedging, gates, fences, walls, railings and piers shall be submitted to and approved in writing by the LPA and be retained as such thereafter.

9          No works work above ground level shall occur until a detailed Sustainable Urban Drainage Scheme as specified in the Essex Sustainable Drainage Systems Design Guide has been submitted in writing by the LPA.  This must be conducted by a competent person and include written explanation of any data provided.  The scheme shall subsequently be implemented prior to occupation of the development and should include and not be limited to:


·        Discharge rates/location

·        Storage volumes

·        Treatment requirement

·        Detailed drainage plan

·        A written report summarising the final strategy and highlighting any minor changes to the approved strategy


Where the surface water drainage strategy proposes the use of soakaways the details of the design and the results of a series of percolation tests carried out upon the subsoil in accordance with DG 365 2016.  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 discharging to a watercourse the proposed scheme shall include details of the destination and discharge rates equivalent to "greenfield runoff" up to and including a 1 in 100 year rainfall event inclusive of climate change.  This is typically achieved by installing some form of attenuation on site e.g. temporary storage.  The rate should be restricted to the 1 in 1 greenfield rate or equivalent greenfield rates with long term storage (minimum rate 1l/s).  If the land is designated as a Brownfield Site it should aim to limit run-off for a storm event that has a 100% chance of occurring each year (1 in 1 year event) OR demonstrate 50% betterment of the current rates.


It must demonstrate that the system is an appropriate point of discharge for the site. The discharge hierarchy should be used to determine discharge location.  This is particularly important when considering greenfield development which may currently discharge to a sewer but may have the capacity to discharge to a watercourse or to the ground.


If not, then further information/assessment will be required to determine the suitability of the system to convey the proposed flows and volumes of water.  Evidence will be required that the development will not increase risk to others.  If the proposed discharge point is outside the development site then the applicant will need to demonstrate that the necessary permissions and or agreements to achieve connection are possible.


Where the LPA 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.

10        Full details of both hard and soft landscape works shall be submitted to and

approved in writing by the LPA prior to any works occurring above ground level at the application site. These details shall include, for example:


i.        Proposes finished levels contours;

ii.       Means of enclosure;

iii.      Car parking layout;

iv.      Hard surfacing materials;

v.       Minor artefacts and structures (e.g. furniture, refuse or other storage



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 LPD.  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 LPA, 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 LPA gives its written consent to any variation.


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

11        No works related to the alteration of ground levels at the site and no works above ground level shall occur until details of existing ground levels and proposed finished ground levels, and their relationship to the adjoining land, and floor levels have been submitted to and approved in writing by the LPA.  The development shall be carried out in accordance with the approved details.

12        There shall be no openings above ground floor level within the North and South flank elevations of both the dwellings hereby approved.

13        No development shall take place, other than that required to carry out 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 by the local planning authority in writing. 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 the Environment Agency's 'Land Contamination Risk Management' guidance and

the Essex Contaminated Land Consortium's 'Technical Guidance for Applicants and Developers'.

14        Prior to the occupation of the dwellings hereby permitted,a Biodiversity Enhancement Strategy shall be submitted to and approved in writing by the local planning authority. 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 Biodiversity Enhancement Strategy shall be implemented as approved prior to the first occupation of the development hereby approved and retained as such thereafter.

15        Prior to the occupation of the dwellings hereby permitted, 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. No other external lighting be installed without prior consent from the local planning authority.

16        All mitigation and enhancement measures shall be carried out in accordance with the approved details contained in the Update Phase 1 Habitat Survey and be retained as such thereafter.

Supporting documents: