Agenda item

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

During the debate that ensued and in response to questions raised the Specialist: Development Management (L2) provided further clarification regarding off street parking. Concerns were raised by some Members in relation to the number of houseboats and the length of the floating pontoon proposed. 

Councillor M W Helm proposed that the application be approved, in accordance with the Officer’s recommendation, and this was duly seconded.

In accordance with Procedure Rule No. 13 (3) Councillor M G Bassenger requested a recorded vote. The Chairman put this to the Committee and the voting was as follows:

For the recommendation:

Councillors Mrs P A Channer, R P F Dewick, A S Fluker, M W Helm and A L Hull.

Against the recommendation:

Councillors M G Bassenger, V J Bell and W Stamp, CC.

Abstention:

Councillor N J Skeens.

As a result, the recommendation was duly agreed.

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

Pre-commencement conditions are recommended, and the applicant/agent has been written to advise of the intention to use these conditions. If no response is received or no objection raised to the conditions within 10 days, the Local Planning Authority is able to impose the suggested conditions. The recommended below is made on the assumption that agreement is gained.

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:

·        Drawing Number 1905/02rev.B: Block Plan & Existing Site Layout

·        Drawing Number 1905/03rev.B: Block Plan & Proposed Site Layout

·        Drawing Number 1905/04rev.A: Proposed Elevations & Cross Section.

·        Updated Preliminary Ecological Appraisal Report (December 2021)

·        Habitat Regulations Assessment Screening Report (October 2021)

·        Ecological Statement (July 2022)

·        Outline Method Statement (November 2021)

·        Flood Risk Assessment (December 2019)

3.                No development shall take place unless details of flood resilience and resistance measures to be incorporated into the development and measures to secure houseboats to ensure they do not become floating debris 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 and retained as such thereafter.

4.                No vessel shall be moored within the site unless a Flood Warning and Evacuation Plan has been submitted to and approved in writing by the local planning authority. The use of the site shall be carried-out in accordance with the approved Plan, thereafter.

5.                The public’s rights and ease of passage over public footpath 11 (Burnham on Crouch) shall be maintained free and unobstructed at all times

6.         Details of all means of artificial lighting to be used within the site and measures to minimise light spillage shall be submitted to and approved in writing by the local planning authority prior to any houseboat being occupied. The development shall be carried out only in accordance with the approved details and no other forms of artificial lighting shall be used within the site thereafter.

7.         Details of the scale, form, materials and finishes of all houseboats to be moored within the site shall be submitted to and approved in writing by Maldon District Council prior to them being moored within the site. The houseboats shall be retained in accordance with the approved details thereafter

8.         Houseboats shall be removed from the site within one month if they subsequently sink, become unfit for habitation, derelict or otherwise abandoned, in compliance with Policy H8.

9.         No more than four boats shall be moored within the application site at any one time.

10.       No boat moored within the site shall measure more than 20 metres in length.

11.       Any houseboat occupying the site shall be and remain navigable and shall be moveable under its own power at all times.

12.       No foul drainage from the houseboats moored within the site shall discharge into the River Crouch.

13.       No development shall take place until a construction environmental management plan (CEMP: Biodiversity) has been 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 CEMP shall include the following measures:

·              Toolbox talks by an ecologist to help inform construction workers and site personnel of the importance of the designated habitats and species, habitats and their sensitivities, as well as all required actions by staff. The toolbox talk will also appraise site workers of biosecurity procedures, including an overview of the identification of priority non-native species.

·              All wastes to be stored in designated areas that are isolated from surface water drains, open water, and are bunded to contain any spillage, or releases.

·              No waste concrete slurry/wash water from concrete or cement works will be discharged into the marine environment, particularly from the boat to be utilised for piling.

·              For fuel spillages, run off and other potential pollution incidents which have the potential to impact on habitats including offsite watercourses, appropriate equipment such as spill kits containing absorbent material will be available to site operatives and site operatives shall be trained in the use of these spill kits. All reagents and chemicals will be clearly signed and appropriately stored, contained and bunded.

·              Any coatings/treatments utilised have to be suitable for use in the marine environment and are to be used in accordance with best environmental practice.

·              The floating jetty will be anchored by three steel piles driven by a floating pontoon mounted crane of minimum size required for the complete installation using either a hydraulic or pneumatic pile driver applying a soft start technique.

·              The piles, access bridge and pontoon sections will be delivered by road to an offsite yard or wharf location and stored there until required. When required, they will be picked up by barge as needed and tides allow. Piles will be positioned by engineer viewing and giving instruction from shore by radio.

·              The pontoon can be craned or floated into position.

·              The access bridge will be connected to the jetty via flexible bolted connections. The bridge will be mounted directly onto the floating pontoon sections secured by the pre-driven piles.

·              Works will likely take around two weeks to complete, with piling likely to be undertaken over one or two working days (dependent on weather and tide windows).

·              Measures to prevent 'biofouling' through a biosecurity plan. Scheme activities which risk introducing or spreading non-native species will be identified. Biosecurity measures will include following a check, clean and dry procedure where working on The Estuary. Boat users and staff will be required to sign in and out, confirming that they have cleaned and inspected all their equipment. All clothing and equipment will be thoroughly inspected and any visible debris (mud, plant or animal matter) will be removed and left at the water body where it was found. Particular attention will be paid to seams and seals of boots and waders. Any pockets of pooled water will be emptied. Equipment will be hosed down or pressure- washed on site. If facilities are not available then equipment will be carefully contained, e.g. in plastic bags, until they can be found. Washings will be left at the water body where the equipment was used, or contained and not allowed to enter any other watercourse or drainage system (i.e. not put down the drain or sink). Where possible, clean equipment should be dipped in disinfectant solution (e.g. Virkon) to kill diseases, but note this is unlikely to kill non-native species. Thoroughly drying is the best method for disinfecting clothing and equipment. Water-cooled engines must be washed thoroughly with tap water to ensure the system does not harbour non- native species. Boots and nets should be hung-up to dry. Equipment should be thoroughly dry for 48 hours before it is used elsewhere. Some non-native species can survive for as many as 15 days in damp conditions and up to 2 days in dry conditions, so the drying process must be thorough. Biofouling will be thoroughly removed from all hulls and other submerged surfaces before transfer to another site.

·              No emptying of the bilge pump to occur into the River Crouch.

·              A contingency plan will be put in place if the presence or spread of non-native species is linked to the works.

·              Details of surface water drainage during construction.

The approved CEMP shall be adhered to and implemented throughout the construction period.

14.       No floodlighting or other external form of illumination of the site shall be provided, including during construction.

15.       No houseboat shall be occupied until details of measures to avoid light spill onto habitats have been submitted to and approved in writing by the local planning authority. Any lighting required for security/safety will use sensor activated lamps of no more than 2000 lumens (150 Watts) and only low wattage lamps (<70W) shall be used.

16.       Construction works shoreward of the flood defences shall not be undertaken during the overwintering period (1st October to second week of April).

17.       All enhancement measures shall be carried out in accordance with the details contained in the Updated Preliminary Ecological Appraisal Report (December 2021) prior to the occupation of any houseboat within the site and retained as approved thereafter.

At this point Councillor N J Skeens left the meeting and did not return.