Agenda item

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

Application Number	22/00858/FULM
Location	Oval Park Southern Plot, Hatfield Road, Langford
Proposal	Erection of building for Sui Generis purposes, together with new estate road, car parking, service areas and landscaping.
Applicant	TECNIQ Limited
Agent	Mr Nick Davey – The JTS Partnership LLP
Target Decision Date	16.02.2023
Case Officer	Devan Hearnah
Parish	LANGFORD
Reason for Referral to the Committee / Council	Major application Allocated Employment Site

 

Following the Officer’s presentation the Agent, Mr Davey, addressed the Committee. The Chairman then opened the debate.

 

A short discussion ensued which reflected a consensus of support. Councillor Siddall proposed that the application be approved in accordance with the Officer’s recommendation and this was duly seconded by Councillor White.

 

The Chairman put the proposal to approve subject to the applicant entering into a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the planning obligations to the Committee and it was agreed by assent.

 

RESOLVED that the application be APPROVED subject to the applicant entering into a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the planning obligations and 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 and retained in complete accordance with following approved drawings:

2177-DE-10-03A	2177-DE-20-03A
2177-DE-10-04B	2177-DE-20-04A
2177-DE-20-01A	2177-DE-20-05A
2177-DE-20-02A	2177-DE-20-05A
2177-DE-40-01A
2188-DE-10-01B

3       Prior to their use in the construction of the development, product details, including photographs or samples of all materials to be used in the construction of the external surfaces of the development hereby permitted shall have been submitted to and approved in writing by the local planning authority. The development shall be carried out using the materials and details as approved.

4       Full details of the provision and subsequent retention of both hard and soft landscape works on the site shall be submitted to and approved in writing by the local planning authority prior to any works occurring above ground level at the application site. These details shall include:

 

1)      Details of proposed schedules of species of trees and shrubs to be planted, planting layouts with stock sizes and planting numbers/densities.

2)      Details of the planting scheme implementation programme, including ground protection and preparation, weed clearance, stock sizes, seeding rates, planting methods, mulching, plant protection, staking and/or other support.

3)      Details of the aftercare and maintenance programme.

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 herbey approved 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.

Hard landscape works

4)      Details of walls with brick types, construction design and dimensions

5)      Details of paved surfacing, with materials finishing and edgings

6)      Details of street furniture, with designs materials and dimensions

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

5       No development shall take place, including any ground works or demolition, until a Construction Management Plan has been submitted to, and approved in writing by, the local planning authority. The approved plan shall be adhered to throughout the construction period. The Plan shall provide for:

a.      the parking of vehicles of site operatives and visitors

b.      loading and unloading of plant and materials

c.       storage of plant and materials used in constructing the development

d.      wheel and underbody washing facilities

e.      safe access into the site

6       No development shall commence until a Tree Protection Method Statement has been submitted and approved in writing by the local planning authority in accordance with the requirements of BS5837:2012 in relation to tree retention and protection.

 

Any protective fencing and ground protection shall be retained until all equipment, machinery and surplus materials have been removed from the site. If within five years from the completion of the development an existing tree is removed, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, a replacement tree 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. The tree protection measures shall be carried out in accordance with the approved detail.

7           Prior to the development of the construction above damp proof course details of the foul drainage scheme to serve the development, including connection point and discharge rate 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 and retained thereafter.

8           The rating level of noise emitted by all fixed plant on the site shall not exceed. 40dB at the boundary with any noise sensitive at any time. The measurement and assessment shall be made according to BS 4142:2014

9             The development shall not be brought into operation until a such a time as the alternative car parking provision granted under the provisions of application 22/00837/FULM has been implemented in full and is in operation.

10         Prior to the first operation of the development hereby approved, details of the proposed operating hours will be submitted to and agreed in writing by the Local Planning Authority. There will be no operation of the site outside of the agreed hours.

11     No machinery shall be operated, and no process shall be undertaken outside of the building.

12     Prior to the commencement of development details of the external lighting strategy for the site including the luminance and spread of light and the design and specification of the light fittings 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 (through the provision of appropriate lighting plans, drawings and technical specifications) 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.

13         Prior to the first occupation of the development the internal access arrangements, vehicle parking for 224 spaces and turning areas as indicated on the approved plans shall be provided, hard surfaced, sealed and marked out. The access, parking and turning areas shall be retained in perpetuity for their intended purpose.

14         Prior to first occupation of the proposed development, the Developer shall submit a workplace travel plan to the Local Planning Authority for approval in consultation with Essex County Council. Such approved travel plan shall be actively implemented for a minimum period of 5 years.

15     No works except demolition shall takes place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme should include but not be limited to:

·                  Verification of the suitability of infiltration of surface water for the development. This should be based on infiltration tests that have been undertaken in accordance with BRE 365 testing procedure and the infiltration testing methods found in chapter 25.3 of The CIRIA SuDS Manual C753.

·                  Limiting discharge rates to 1:1 Greenfield runoff rates for all storm events up to and including the 1 in 100 year rate plus 40% allowance for climate change

·                  Provide sufficient storage to ensure no off site flooding as a result of the development during all storm events up to and including the 1 in 100 year plus 40% climate change event.

·                  Demonstrate that all storage features can half empty within 24 hours for the 1 in 30 plus 40% climate change critical storm event, OR, if impracticable

·                  Demonstrate that features are able to accommodate a 1 in 10 year storm event within 24 hours of a 1 in 30 year event plus climate change.

·                  Final modelling and calculations for all areas of the drainage system.

·                  The appropriate level of treatment for all runoff leaving the site, in line with the Simple Index Approach in chapter 26 of the CIRIA SuDS Manual C753.

·                  Detailed engineering drawings of each component of the drainage scheme.

·                  A final drainage plan which details exceedance and conveyance routes, FFL and ground levels, and location and sizing of any drainage features.

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

The scheme shall subsequently be implemented prior to occupation and retained in perpetuity

16         Prior to occupation a maintenance plan detailing the maintenance arrangements including who is responsible for different elements of the surface water drainage system and the maintenance activities/frequencies, has been submitted to and agreed, in writing, by the Local Planning Authority. The maintenance plan shall be adhered to thereafter.

17         The applicant or any successor in title must maintain yearly logs of maintenance which should be carried out in accordance with any approved Maintenance Plan. These must be available for inspection upon a request by the Local Planning Authority.

18     All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal (Abrehart Ecology, November 2021) as already submitted with the planning application and agreed in principle with the local planning authority prior to determination and shall be retained in perpetuity. 

 

This may include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW) to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details.

19     Prior to the commencement if any works 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) including a finalised Reptile Mitigation Strategy and Badger Mitigation Strategy.

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.

20     Biodiversity Enhancement Strategy for protected and Priority species 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 or product descriptions to achieve stated objectives;

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

d)       timetable for implementation demonstrating that works are aligned with the proposed phasing of development;

e)       persons responsible for implementing the enhancement measures;

f)        details of initial aftercare and long-term maintenance (where relevant).

 

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

21     Prior to first occupation of the development the developer shall implement the following works, as shown indicatively on TPA Drawing no. 2107-044-PL102, with all details to be submitted to and agreed by the Local Planning Authority:

·                  An improved bus lay-by shall be provided on the westbound side of Hatfield Road with raised height kerbs, new flagpole, timetable display and shelter.

·                  An improved bus lay-by shall be provided on the eastbound side of Hatfield Road with raised kerbs, new flagpole and timetable display.

·                  The provision of a 2m wide footway link from the site, to the proposed bus stops, with dropped kerb crossing points across Hatfield Road.

22     Prior to first occupation of the proposed development, the developer shall augment existing Passenger Transport services to achieve an hourly bus service (07.00 to 10.00 and 15.00 to 19.00) between Hatfield Peverel and Maldon from Monday to Saturday for a minimum period of 5 years. Full details are to be agreed with the Local Planning Authority.

23     Prior to any works above ground level details shall be submitted to and agreed in writing by the Local Planning Authority relating to existing 40mph TRO and whether any amendments are necessary as a result of the highway works. Any necessary amendments to the 40mph TRO shall be carried out prior to the first occupation of the development.

24     The bicycle parking facilities as shown on the approved plan 2177 DE 10-04 Rev B for 90 cycle parking spaces, which is attached to and forms part of this permission shall be provided in accordance with the approved scheme prior to the first occupation of the development and retained for such purposes thereafter.

25     Prior to the first occupation of the development 12 of the parking spaces to be provided shall be laid out and provided as disabled bays in accordance with the Maldon District Vehicle Parking Standards Supplementary Planning Document (November 2018) or any subsequent revision and shall be retained in perpetuity.

26     Prior to the first occupation of the development 10 parking spaces shall be provided with a fast charging point and 10 shall be provided with a power supply to provide additional fast charge sockets in accordance with the Maldon District Vehicle Parking Standards Supplementary Planning Document (November 2018) or any subsequent revision and shall be retained in perpetuity.