Agenda item

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

 

Application Number	23/00500/FULM
Location	Land Bounded By Maldon Road And Creeksea Lane, Burnham-on-Crouch, Essex
Proposal	Erection of 37No. dwellings (including affordable housing) together with public open space, landscaping and associated works and infrastructure, including vehicular accesses, pedestrian links and drainage infrastructure.
Applicant	Barratt Developments Ltd
Agent	Libby Hindle - Barratt Developments Ltd
Target Decision Date	30.01.2024
Case Officer	Fiona Bradley
Parish	BURNHAM-ON-CROUCH NORTH
Reason for Referral to the Committee / Council	Strategic site within the strategic submitted Local Development Plan

 

It was noted from the Members’ Update that two further letters of objection had been received.

 

During her presentation the Principal Planning Officer advised Members of a response from the Lead Local Flood Authority and as a result of this an amendment to proposed condition 9.  The Officer outlined the proposed change to this condition which resulted in removal of the requirement for a management plan and inclusion of a requirement to check pipe works prior to commencement. 

 

The Agent, Ms Hindle then addressed the Committee.

 

In response to questions raised, the Officer advised there was no provision for bridleways, solar panels for each development were included within the application but not conditioned and confirmed that details of biodiversity net gain had been provided.

 

Councillor A S Fluker proposed that the application be approved, as per Officers’ recommendation, subject to the addition of a condition for the provision of solar panels.  This proposal was duly seconded.  Councillor Fluker confirmed that this proposal also included the revision to condition 9.

 

Councillor W Stamp expressed some concerns regarding the application and advised she would not be voting on this application due to living close to the site.

 

The Chairperson then put the proposal in the name of Councillor Fluker to the Committee and this was duly agreed.

 

RESOLVED that this 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 following planning obligations and subject to the following conditions:

 

Heads of Terms for Section 106 Agreement:

Affordable Housing:

13no. Affordable Housing units (35.14%) comprising the mix and tenure split (70% affordable rent and 30% shared ownership) as set out on drawing PCHL-2A-SP-009 Rev. A.

 

Healthcare:

A financial contribution of £18,400 in order to increase capacity for the benefit of patients of the Primary Care Network operating in the area, through any combination of extension, reconfiguration or relocation of premises as requested by the Mid and South Essex ICS.

 

Education:

·                  Early Years and Childcare - A developer contribution of £68,880.00 index linked to Q1 2023 towards the creation of 2.97 additional childcare places to mitigate the impact of the development on local Early Years & Childcare provision (equating to £23,192 per place).

·                  Primary Education - A developer contribution of £229,601.00 index linked to Q1 2023 towards the creation of 9.90 additional primary school places and / or a new education facility is sought to mitigate the impact of the development on local Primary School provision (equating to £23,192.00 per place).

·                  Secondary Education - A developer contribution of £185,434.00 index linked to Q1 2023 towards the creation of 6.60 additional secondary school places and / or a new education facility, is sought to mitigate the developments impact on local Secondary School provision (equating to £28,096.00 per place).

 

Libraries

A developer contribution of £2,878.60 index linked to April 2020 (equating to £77.80 per unit) to improve, enhance and extend the facilities and services provided at Burnham-on-Crouch Library due to expected additional usage that would be brought about by the proposed development.

 

ECC Monitoring Fees:

To pay the County Councils Monitoring Fee of £550 per obligation (financial and otherwise).

 

Employment and Skills Plan:

An Employment and Skills Plan (ESP) to set out how the developer will engage with and maximise local labour and skills opportunities.

 

Essex Coast RAMS:

A financial contribution of £5,800.12 (£156.76 x 37) to mitigate increases in recreational pressure effects on the coastal protected sites in-combination with other projects within the ZoI of the Essex Coast protected areas

Appointment of Management Company:

Secure the appointment of a management company for the development.

 

Indexing:

All contribution payments to be index linked.

 

S106 Legal and District Council Monitoring fees:

Pay the Council’s professional fees associated with the preparation and completion of the S106 Legal Agreement and the cost of monitoring.

 

Conditions:

1.         The development hereby permitted shall be begun before the expiry 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:

·                  H7660-2A-LP-002 Location Plan

·                  LTG1G8-TG-001 Rev - Large Triple Garage

·                  LDG1H8-DG-001 Rev - Double Garage

·                  Garage Portfolio Rev A Front Cover

·                  CYCLE-2A-CS-001 Rev - Cycle Storage

·                  SSG1H8-SG-001 Rev - Single Garage

·                  SDG1H8-DG-001 Rev - Double Garage

·                  H312-EX-FP-001 Rev - Exeter Floor Plans

·                  H312-EE-GS-001 Rev - Exeter Elevations

·                  H312-BF-FP-001 Rev A Blyford Floor Plans

·                  H312-BE-GS-001 Rev A Blyford Elevations

·                  DWB3_5-BF-FP-001 Rev A Buckfastleigh Floor Plans

·                  DWB3_5-BE-RE-001 Rev A Buckfastleigh Elevations (Render)

·                  DWB3_5-BE-GS-001 Rev A Buckfastleigh Elevations

·                  Z113-2A-HD-001 Rev - Leyland End Elevations

·                  Z113-2A-FP-001 Rev - Leyland End Floor Plans

·                  YH52-2A-HD-002 Rev - YH52 Mid Elevations

·                  YH52-2A-HD-001 Rev - YH52 End Elevations

·                  YH52-2A-FP-002 Rev - YH52 Mid Floor Plans

·                  YH52-2A-FP-001 Rev - YH52 End Floor Plans

·                  YH50-2A-HD-002 Rev - YH50 Mid Elevations

·                  YH50-2A-HD-001 Rev - YH50 End Elevations

·                  YH50-2A-FP-002 Rev - YH50 Mid Floor Plans

·                  YH50-2A-FP-001 Rev - YH50 End Floor Plans

·                  P286-AE-GS-001 Rev A Ashdown Elevations

·                  P286-AE-FP-001Rev A Ashdown Floor Plan

·                  N2D8&9-NE-FP-001 Rev A N2D8 & 9 Floor Plans

·                  N2D8&9-NE-EC-001 Rev A N2D8 & 9 Elevations

·                  Housetype Portfolio Rev B - Front Page

·                  H588-HE-TB-001 Rev A Henley Elevations (Tudor Boarding)

·                  H588-HE-RE-001 Rev A Henley Elevations (Render)

·                  H586-EF-FP-001 Rev A Evesham Floor Plans

·                  H586-EE-TB-001 Rev A Evesham Elevations (Tudor Boarding)

·                  H586-EE-RQ-001 Rev A Evesham Elevations (Render)

·                  H586-EE-GS-001 Rev A Evesham Elevations

·                  H577-ME-RE-001 Rev A Manning Elevations (Render)

·                  H577-ME-GS-001 Rev A Manning Elevations

·                  H577-HF-FP-001 Rev A Henley Floor Plans

·                  H577-FP-GS-001 Rev A Manning Floor Plans

·                  22007-01 Rev H Landscape Masterplan

·                  22001-03 Rev C Detailed Hard Landscape Sheet 2 of 3

·                  22001-04 Rev C Detailed Hard Landscape Sheet 3 of 3

·                  22007-05 Rev F Detailed Planting Specification

·                  22007-06 Rev F Detailed Soft Landscape Sheet 2 of 3

·                  22007-07 Rev F Detailed Soft Landscape Sheet 3 of 3

·                  02 Rev C Hard Landscape Specification

·                  PCHL-2A-SP-006 Rev A Refuse Collection Plan

·                  PCHL-2A-SP-005 Rev A Parking Plan

·                  PCHL-2A-SP-004 Rev A Buildings Height Plan

·                  PCHL-2A-SP-003 Rev A Affordable Tenure Plan

·                  PCHL-2A-SP-001 Rev A Master Plan (Update)

·                  PCHL-2A-SP-001 Rev A Master Plan (Update) - Coloured

·                  PCHL-2A-SS-001 Rev A Streetscenes A, B & C

·                  PCHL-2A-SS-001 Rev A Streetscene Location Plan

·                  PCHL-2A-SP-009 Rev A Housing Mix Plan

·                  PCHL-2A-SP-008 Rev A External Works Plan

·                  PCHL-2A-SP-007 Rev A Materials Plan

·                  H8769-3B-SP-2036 Rev C Creeksea Lane - Access Visibility

 

External materials

3.         No above ground works shall commence until samples or product details of the materials to be used in the construction of the external surfaces, including windows, doors, roof tiles and proposed cladding of the development hereby approved 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 prior to the occupation of the development and retained for the lifetime of the development.

 

Landscape

4.         Within the first available planting season following the first occupation of the development the landscaping works shown on plans no’s 22007-01 Rev H Landscape Masterplan, 22007-05 Rev F Detailed Planting Specification, 22007-06 Rev F Detailed Soft Landscape Sheet 2 of 3 and 22007-07 Rev F Detailed Soft Landscape Sheet 3 of 3 and specifications attached to and forming part of this permission shall be fully implemented. If within a period of 5 years from the date of planting any tree or plant, or any tree planted in replacement for it is removed, up rooted, is 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 at the same place, unless the local planning authority gives its written consent to any variation.

5.         The development shall be implemented in accordance with the hard landscaping work shown on plan no. 22007-01 Rev H Landscape Masterplan, 22001-03 Rev C Detailed Hard Landscape Sheet 2 of 3, 22001-04 Rev C Detailed Hard Landscape Sheet 3 of 3 and 02 Rev C Hard Landscape Specification and the specifications attached to and forming part of this permission. The hard landscaping works, including boundary treatments, shall be carried out prior to the first occupation of the development hereby approved and be retained and maintained for the lifetime of the development.

 

Tree Protection

6.         No development shall commence until information 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 as follows:

·                  Tree survey detailing works required

·                  Trees to be retained

·                  Tree retention protection plan

·                  Tree constraints plan

·                  Arboricultural implication assessment

·                  Arboricultural method statement (including drainage service runs and construction of hard surfaces)

·                   

The 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.

 

Drainage

7.         No works, except demolition, shall take 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:

·                  Limiting discharge rates to 4.1l/s for all storm events up to and including the 1 in 100 year rate plus 45% allowance for climate change for Parcel 1.

·                  Limiting discharge rates to 16.4l/s for all storm events up to and including the 1 in 100 year rate plus 45% allowance for climate change for Parcel 2.

·                  The run off rates were previously agreed as part of the wider site.

·                  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 45% climate change event.

·                  Demonstrate that all storage features can half empty within 24 hours for the 1 in 30 plus 45% 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 shall subsequently be implemented prior to occupation.

8.         No development shall take place 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.

9.         The development hereby permitted shall not be commenced until the existing pipes within the extent of the site, which will be used to convey surface water, are cleared of any blockage and are restored to a fully working condition.

10.       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.

 

Land Contamination

11.       Should the existence of any contaminated ground or ground water conditions and/or hazardous soil gases be found that were not previously identified or not considered, the site or part of the site shall be reassessed and a scheme to bring the site to suitable condition shall be submitted to and approved in writing by the local planning authority within three months of the identification of the contamination or hazard. A “suitable condition” means one that is acceptable in terms of human health, the water environment and ecosystems and cannot be determined as contaminated land under Part 2A of the Environmental Protection Act 1990.

 

Highways

12.       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 Plan shall include the following:

·                  Safe access into the site

·                  The parking of vehicles of site operatives and visitors

·                  Loading and unloading of plant and materials

·                  Storage of plant and materials used in constructing the development

·                  Wheel and underbody washing facilities

·                  Construction traffic routing

·                  Construction signage and traffic management

·                  Noise and vibration impacts on neighbouring receptors during the construction phase.

·                   

The approved Construction Management Plan shall be adhered to throughout the construction period of the development.

13.       Prior to the first occupation of the development the access arrangements for Parcel 1, as shown in principle on drawing no. 22-059-DR-CE-2003 Rev C (included in Appendix A of the Parcel 1 & Parcel 2 Transport Statement prepared by Iceni Consulting), for the priority junction onto Maldon Road, shall include the following:

·                  2.4m x 90m visibility splays

·                  A new bellmouth access with minimum 6m radii and 2m footways with dropped kerb crossing points

·                  Provision of a 2m footway across the site frontage, with dropped kerb crossing point across Maldon Road to the west of the access.

 

The approved details shall be implemented and retained as such for the life of the development.

14.       Prior to the first occupation of the development the access arrangements, as shown in principle on approved drawing no. H8769-3B-SP-2036 Rev C, for the private drive onto Creeksea Lane, shall be implemented and retained as such for the life of the development.

15.       Prior to the first occupation of the development the access arrangements for Parcel 2, as shown in principle on drawing no. 22-059-DR-CE-2005 Rev B (included in Appendix B of the Parcel 1 & Parcel 2 Transport Statement prepared by Iceni Consulting), for the priority junction onto Endeavour Way, shall include the following:

·                  2.4m x 25m visibility splays

·                  A new bellmouth access with minimum 6m radii and 2m footways

·                  Provision of dropped kerbs for vehicular access where appropriate.

 

The approved details shall be implemented and retained as such for the life of the development.

16.       Prior to the occupation of the development, the vehicular parking spaces shall be hard surfaced, sealed and marked out in parking bays and the approved garages shall be erected in accordance with the plans and detailed hereby approved. Fast charging points for electric vehicles shall be provided adjacent to at least one parking space for each new dwelling. The vehicular parking and associated manoeuvring areas shall be retained in perpetuity. The vehicle parking areas shall not be used for any purpose other than the parking of vehicles.

17.       Prior to first occupation of the development, the Developer shall be responsible for the provision, implementation and distribution of a Residential Travel Information Pack for sustainable transport, approved by Essex County Council, to include six one day travel vouchers for use with the relevant local public transport operator. These packs (including tickets) are to be provided by the Developer to each dwelling free of charge.

18.       Prior to first occupation of each dwelling on Plots 21-35 inclusive, the cycle storage for that dwelling shall be provided in accordance with drawing no. CYCLE-2A-CS-001 and PCHL-2A-SP-005 Rev A. The cycle parking provision shall be retained in perpetuity.

 

Archaeology

19.       No development including any site clearance or groundworks of any kind shall take place within the site until the developer 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.

 

Waste

21.       Prior to first occupation, details of the waste collection points for plots 1, 2, 3, 4, 11, 17, 18, 19, 20 and for plot 21 to 31 inclusive shall be submitted to and approved in writing by the local planning authority.  The collection points must be of a sufficient size to accommodate 2 wheeled bins and a food caddy per property, full details of which can be found in the Council’s Waste Management Technical Document. The collection points shall be installed prior to first occupation and retained as such for the life of the development.

 

Permitted Development

22.       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, extension or opening shall be constructed in the roof or gable walls of the buildings hereby permitted in Plots 1-11 inclusive without planning permission having been obtained from the local planning authority.

23.       Notwithstanding the provisions of Schedule 2, Part 1, Class F of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that order with or without modification) there shall be no hard surfacing of the front and/or side gardens of any dwelling.

 

Ecology

24.       The development shall be carried out in accordance with the mitigation measures and/or woks contained in the Preliminary Ecological Appraisal (SES, April 2023) and Non-Licensed Methods Statement for Great Crested Newt (CSA Environmental, January 2024) as 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.

25.       No development above slab level shall take place until a Biodiversity Enhancement Strategy for protected and Priority species has been 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.

26.       None of the dwellings hereby permitted shall be occupied until a lighting design scheme for biodiversity in accordance with GN:08/23 Bats and Artificial External Lighting (ILP) has been 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 approved lighting design scheme and maintained thereafter in accordance with the approved lighting design scheme. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

 

Solar Panels

27        No development above slab level shall take place until details of solar panels to be installed within each plot has been submitted to and approved in writing by the local planning authority. The details shall include the position of the panels on the roof slope and number of panels to be installed on each dwelling and/or garage. Where no panels are proposed within a plot the submitted details must provide a justification as to why solar panels cannot provided. The panels shall be installed in accordance with the approved details, be operational prior to occupation and shall be retained in that manner thereafter.