Agenda item

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

Following the Officers’ presentation the Agent, Mr Hancock addressed the Committee.

During the debate that ensued Members were reminded by Officers that the application sought an alteration to conditions, with the principle of development having been approved it could not be judged against any other criteria.

Councillor A S Fluker proposed that the Officers’ recommendation be approved.  This was duly seconded.

In response to questions raised Officers advised that:

·                 there were no horse riding routes or bridleways on the site.

·                 the approved layout plans detailed the maximum size and dimensions of the caravans on the site;

·                 condition 3 would ensure that no-one permanently lived on site following assessment of the flood risk and other factors as part of the previous related decision on this site.

In accordance with Procedure Rule No. 13 (3) Councillor W Stamp requested a recorded vote.  This was duly seconded.

The Chairman put the proposal of approval to the Committee and the voting was as follows:

For the recommendation:

Councillors B S Beale, R G Boyce, Mrs P A Channer and A S Fluker

Against the recommendation:

Councillors M G Bassenger and W Stamp.

Abstention:

Councillors R P F Dewick and A L Hull.

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

1                 The development hereby permitted shall be begun before the expiration of permission 18/00381/FUL, dated 13.09.2019.

2                 The development hereby permitted shall be carried out in complete accordance with approved drawings: ATS/537/03; 10955-0020-002; 10955-0001-007 (Dated January 2022); RCEF64080-SK002 REV B and RCEF64080-SK003 REV A.

3                 The development hereby permitted shall only be used ancillary to the caravan park proposed as shown on approved drawing 10955-0001-007 (Dated January 2022) and for no other purpose, including any type of residential accommodation, at any time.

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.

5                 The use of the site hereby permitted shall be implemented in accordance with the Flood Warning and Evacuation Plan (dated 19.02.2019) submitted with this application. The Plan shall be made available to all users of the site at all times throughout the lifetime of this permission.

6                 No development shall be constructed during the wintering bird period between October – March inclusive.

7                 The foul drainage scheme to serve the development shall be implemented in accordance with the details approved under the terms of application 20/05056/DET prior to the first occupation of the development.

8                 The development shall be implemented in accordance with the Phase 2 Environmental Investigation Report (March 2020) details approved under the terms of application 20/05056/DET prior to the first occupation of the development.

9                 Where identified as necessary in accordance with the requirements of condition 8, 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.

10             Any contamination that is found during the course of construction of the approved development that was not previously identified shall be reported immediately to theLocal Planning Authority. Development on the part of the site affected shall besuspended and a risk assessment carried out and submitted to and approved inwriting by the Local Planning Authority. Where unacceptable risks are foundremediation and verification schemes shall be submitted to the Local PlanningAuthority for approval in writing. These approved schemes shall be carried outbefore the development is resumed or continued. Following completion of measures identified in the approved remediation scheme, a verification report demonstratingthe effectiveness of the remediation scheme carried out must be submitted to theLocal Planning Authority for approval in writing.

11             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.

12             The development shall be implemented in accordance with the Construction Traffic Management Plan details approved under the terms of application 20/05056/DET during the construction of the development.

13             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.