Agenda item

The Chairman re-opened the discussion on Agenda Item 6.

 

A brief debate ensued where, given all four applications on the agenda were interrelated, the consensus again was one of support for this application. It was noted that the development, subject to the imposition of appropriate conditions restricting operation hours, was considered to have an acceptable impact on residential amenity. It was further noted that biodiversity enhancements and green energy initiatives would come forward at reserved matters stage.

 

Councillor White proposed that the application be approved in accordance with the Officer’s recommendation and this was duly seconded by Councillor Durham.

 

The Chairman but the recommendation 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.             Details of the layout, scale appearance and landscaping (hereinafter called “the reserved matters”) of each phase of the development shall be submitted to and approved in writing by the Local Planning Authority before any development begins in that and the development shall be carried out as approved.

 

Application(s) for approval of the reserved matters shall be made to the Local Planning Authority no later than five years from the date of this permission.

 

The development hereby permitted shall begin no later than two years from the date of approval of the last of the reserved matters to be approved.

2.             As part of the reserved matters details of the siting, height, design and materials of the treatment of all boundaries including gates, fences, walls, railings and piers for each phase shall be submitted to and approved in writing by the Local Planning Authority.  The screening as approved shall be constructed prior to the first use of the phase to which it relates and be retained in perpetuity as such thereafter.

3.             The landscaping details for each phase as referred to in Condition 1 shall provide full details and specifications of both hard and soft landscape works for the relevant phase, which shall be submitted to and approved in writing by the Local Planning Authority.  Such details shall be submitted concurrently with the other reserved matters for that phase.  These landscaping details shall include the layout of the hard landscaped areas with the materials and finishes to be used together with details of the means of enclosure, car parking layout, vehicle and pedestrian accesses.

 

The details of the soft landscape works shall include schedules of shrubs and trees to be planted, noting the species, stock size, proposed numbers / densities and details of the planting scheme’s implementation, aftercare and maintenance programme.

The hard landscape works shall be carried out as approved prior to the beneficial first use of the development hereby approved unless otherwise first agreed in writing by the Local Planning Authority.

The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the commencement of the development, unless otherwise first 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, 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.

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

5          No development in any phase 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

6                 Cycle parking details for each phase, which shall be secure, convenient, covered and retained in perpetuity, shall be submitted to and approved in writing by the Local Planning Authority. The cycle provision shall be implemented prior to the occupation of the relevant phase and retained in perpetuity.

7          Prior to the first occupation of each phase of the development 5% 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.

8          Prior to the first occupation of each phase of the development 5% of the overall parking spaces shall be provided with a fast charging point and a further 5% 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.

9          As part of the Reserved Matters for each phase a landscape management plan shall be submitted, including long term design objectives (5 year period), phasing, and maintenance schedules for all landscape areas within that phase. The landscape management plan shall be carried out in accordance with the details as approved.

10             Prior to or concurrent with the submission of the first of the reserved matters application(s) for the site, a Strategic Phasing Plan, which covers the entire application site, shall be submitted to and approved in writing by the Local Planning Authority. The Strategic Phasing Plan shall include the proposed sequence of provision of the following elements:

a)         The principal phases of the development such as the buildings

b)         The green infrastructure, including the sequencing of open space and footpaths

c)         Structural landscaping/planting provisions;

 

The development shall be implemented in accordance with the approved Strategic Phasing Plan, unless a revised phasing plan is otherwise agreed in writing by the Local Planning Authority pursuant to this condition.

11        The premises shall only be used for uses which can be carried out in a residential area without detriment to its amenity which are defined within Class E(g) of the Schedule to the Town & Country Planning Use Classes (Amendment) Order 1987 (as amended) (or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that Order) and for no other purpose.

12             The development hereby permitted (7,600m2 of floorspace) shall not consist of greater than 50% of floor space falling within Use Class E(g)(i).

13        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

14        Prior to first occupation of any phase of the development the developer shall implement the following works, as shown indicatively on TPA Drawing no. 2107-044-PL102, with all details being agreed with the Highway 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.

15        Prior to first occupation of any phase 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.

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

17        The scheme to be submitted pursuant to the reserved matters for each phase shall make provision for car parking spaces within that phase in accordance with Maldon District Council’s adopted standards. Prior to the occupation of each phase of the development the parking areas shall be constructed, surfaced, laid out and made available for such purposes in accordance with the approved scheme and retained as such thereafter.

18        No building on any part of the development shall exceed 11 metres in height.

19        No development including any site clearance or groundworks of any kind shall take place within the site until the applicant or their agents; the owner of the site or successors in title has submitted an archaeological assessment by an accredited archaeological consultant to establish the archaeological significance of the site. Such archaeological assessment shall be approved by the local planning authority and will inform the implementation of a programme of archaeological work. The development shall be carried out in a manner that accommodates such approved programme of archaeological work.

20        No development including any site clearance or groundworks of any kind shall take place within the site until the applicant or their agents; the owner of the site or successors in title has secured the implementation of a programme of archaeological work from an accredited archaeological contractor in accordance with a written scheme of investigation which has been submitted to and approved in writing by the local planning authority. The development shall be carried out in a manner that accommodates the approved programme of archaeological work.

 

The archaeological work will comprise archaeological trial-trenching of the proposed development area, followed by full excavation if archaeological features are identified. All fieldwork should be conducted by a professional recognised archaeological contractor.

21        No works except demolition shall takes place within any phase until a detailed surface water drainage scheme for that phase, 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

·                  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 for that phase shall subsequently be implemented prior to occupation of that phase. It should be noted that all outline applications are subject to the most up to date design criteria held by the LLFA.

22        No works shall take place within a phase until a scheme to minimise the risk of offsite flooding caused by surface water run-off and groundwater during construction works and prevent pollution has been submitted to, and approved in writing by, the local planning authority. The scheme shall subsequently be implemented as approved.

23        Prior to occupation of any phase a maintenance plan detailing the maintenance arrangements for that phase 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.

24        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.

25        Prior to the development of the construction above damp proof course details of the foul drainage scheme to serve the phase, 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.

26        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.

 

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.

27        A construction environmental management plan (CEMP: Biodiversity) shall be submitted to and approved in writing by the Local Planning Authority for each phase.

 

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.

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, unless otherwise agreed in writing by the local planning authority.

28        A 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.

29        Prior to the commencement of development in a phase details of the external lighting strategy for that phase 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 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.

30        No development shall commence within a phase 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. The trees identified on plan 9054-D4-AIA-A for retention and tree T2-4 shall be retained.

 

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.

31        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.

32        Prior to the first operation of the development within a phase hereby approved, details of the proposed operating hours of that phase 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.