Agenda item

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

 

Application Number	23/00853/FULM
Location	Land North West Of 2, Maldon Road, Burnham-On-Crouch, Essex
Proposal	Erect 40No. Flats and Associated Infrastructure, Access Ways, Parking, and Landscaping; Construct Enlarged Detention Basin; and Provide Additional Parking Spaces for Approved Medical Centre
Applicant	Mr Ian Holloway – Burnham Waters Limited
Agent	Mr Stewart Rowe – The Planning and Design Bureau Ltd
Target Decision Date	31.01.2024
Case Officer	Kathryn Mathews
Parish	BURNHAM-ON-CROUCH NORTH
Reason for Referral to the Committee / Council	Major Application

 

The Head of Service: Development Management and Building Control drew Members’ attention to a late update that had been circulated in relation to this application.  The Update advised that paragraph 5.11.1 of the report should be deleted as it did not reflect the Council’s current position in that the Local Plan Policies were not considered to be out of date and therefore the tilted balance was not engaged.

 

Following the Officer’s presentation, the Agent Mr Rowe addressed the Committee.

 

The Housing Development and Allocations Manager then provided Members with a detailed update regarding independent extra care living / older person’s housing advising of the work the Council had been undertaking with the Head of Extra Care at Essex County Council (ECC) and Housing Associations to get extra care into the District.  The Officer outlined some of the difficulties being faced by Housing Associations and concerns regarding running an extra care housing scheme.  It was confirmed that Officers supported this scheme and it was noted that the commuted sum offered would enable the Council to carry out other affordable housing projects across the District.

 

During the lengthy debate that followed Officers provided the Committee with further information relating to the scheme.

 

Councillor T Fittock proposed that the application be approved, subject to a change to the description to include affordable housing.  In response the Chairperson advised the Committee that there was already a proposal on the table which had been duly seconded. 

 

The Chairperson then withdrew his earlier proposition to accept the Officers’ recommendation of approval.

 

Councillor Fittock repeated his earlier proposals that the application be approved subject to a change to the description to include affordable housing and clarification regarding whether affordable housing was to be provided on-site or in the form of a commuted sum.  The Head of Service: Development Management and Building Control advised that the Committee could not unilaterally change the description of a development that had been applied for.  In response to further discussion the Principal Planning Officer provided reassurance that the Section 106 Agreement would ensure that affordable housing obligations were met before all of the market housing had been provided but the exact triggers had yet to be agreed.  The Head of Service – Housing and Community Safety gave assurance to the Committee that there was a Registered Provider who was in advance discussions with the developer to take on 20no. affordable units.

 

Councillor A S Fluker referred to comments from Officers and his understanding from this that the Council could agree the Officers’ recommendation subject to the determination notice not being issued until the Council was satisfied with regards to what was supplied and where.  He then proposed that the Officers’ recommendation of approval be agreed.  This proposal was duly seconded.  Councillor Fluker added a caveat to his proposal that the determination notice, and conditions be agreed with the Chairperson of this Committee and Councillor Fittock. 

 

In response to further questions the Head of Service – Housing and Community Safety provided the Committee with further details regarding the proposed affordable housing units for both this and the other phases of development linked to this site.

 

Councillor Fluker added to his proposal that the proposed commuted sums only be used for the south of the District.  In response Officers advised Members that this could not be the subject of a planning condition and advised against this being a clause in the Section 106 agreement.  Use of the commuted sums was a decision to be made by the Council in accordance with relevant policies and procedures.  Councillor Fluker advised in light of Officers’ advice he wished to withdraw this addition to his proposal.

 

Following further debate, Councillor Fluker clarified his proposal and proposed that the Officers’ recommendation be agreed.  Upon a vote being taken 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, subject to the Chairman of this Committee and Councillor A Fittock being informed of the content of the Section 106 prior to its completion and subject to the following conditions:

 

Heads of Terms for Section 106 Agreement:

·                  No dwelling shall be occupied other than by persons over 55 years of age;

·                  A cascade mechanism will be agreed to prioritise occupation of all units to residents of the District of Maldon (as per the Phase 1, 2, and Completion Phase S106 Agreements);

·                  A scheme for the provision, retention and future management and maintenance of community open space and strategic landscaping;

·                  To nominate a Management Company with responsibility for future management and maintenance of the private open spaces, highways, car parks, footways, related lighting, street furniture, signage etc and all landscaping;

·                  Residents of all dwellings in the development shall have access to the electric cycle club scheme on the same terms as all other residents of the retirement community;

·                  Residents of all dwellings in the development shall have access to the minibus service on the same terms as all other residents of the retirement community;

 

Affordable Housing Obligations:

·                  On-site provision of 12No. one-bedroom flats or a commuted sum equivalent to 12No. one-bedroom affordable rent apartments, provision/payment to be made before occupation of 75% of market units.

 

Health Care Contributions

·                  To make developer contributions for health care provision in the circumstances set out in an NHS consultation response (as per Phases 1 and 2 S106 Agreements);

·                  To submit to the Council and agree a range of care and support packages to be made available to residents of the development.

 

Highways Obligations

·                  To submit, agree, and implement a Residential Travel Information Plan;

 

Ecology

·                  To provide a developer contribution in accordance with the Council’s adopted RAMS scheme;

·                  To provide signage and interpretation boards within the application site to explain and support RAMS and encourage recreation away from the sensitive estuarine habitats - all in accordance with a scheme to be submitted to and agreed by the Council prior to commencement;

·                  To include information on the Burnham Waters app’/website media to explain and support RAMS and encourage recreation on-site and nearby: away from the sensitive estuarine habitats, all in accordance with a scheme to be submitted to and agreed by the Council prior to commencement.

 

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 in accordance with the following approved plans and documents:

·                  Transport Statement (Cottee Transport Planning, March 2023);

·                  Ecological Impact Assessment (BWB Consulting Ltd, February 2023);

·                  Site Specific Flood Risk Assessment (including surface water and foul drainage strategy) (Richard Jackson Engineering Consultants, June 2023);

·                  SuDS Checklist;

·                  Tree Survey and Arboricultural Impact Assessment (Wynne-Williams Associates, April 2023);

·                  Accommodation Schedule;

·                  Landscape Masterplan: drawing 404.063903.00001_BW1_002, NTS @ A2 (SLR Consulting, June 2023);

·                  Landscape Management Plan (SLR Consulting, May 2023);

·                  Hard Landscape: drawing 404.063903.00001_BW_2 Rev 2, 1:500 @ A3 (SLR Consulting, June 2023);

·                  Planting Plan – Overview: drawing 404.063903.00001_BW_3 Rev 2, 1:500 @ A2;

·                  Planting Plan: drawing 404.063903.00001_BW_4 Rev 2, 1:100 @ A1;

·                  Planting Plan: drawing 404.063903.00001_BW_5 Rev 2, 1:100 @ A1;

·                  Planting Plan: drawing 404.063903.00001_BW_6 Rev 2, 1:100 @ A1;

·                  Planting Plan: drawing 404.063903.00001_BW_7 Rev 2, 1:100 @ A1;

·                  Planting Plan: drawing 404.063903.00001_BW_8 Rev 2, 1:100 @ A1;

·                  Soft Landscape Details: drawing 404.063903.00001_BW_9 Rev 1, 1:25 @ A3;

·                  Vehicle Tracking Check: drawing 191451-SK11;

·                  Topographical Survey, 8 drawings: 14885/JD1 – 14885/JD8, 1:500 @ A0;

·                  Site Location Plan: drawing 6931-1101-P1, 1:2500 @ A1;

·                  Existing Block Plan: drawing 6931-1102-P1 1:500 @ A1;

·                  Proposed Block Plan: drawing 6931-1103-P1, 1:500 @ A1;

·                  Proposed Ground Floor Site Plan: drawing 6931-1104-P1, 1:200 @ A1;

·                  Private Block B – Proposed Ground Floor Plan: drawing 6931-1201-P1, 1:100 @ A1;

·                  Private Block B – Proposed First Floor Plan: drawing 6931-1202-P1, 1:100 @ A1;

·                  Private Block B – Proposed Roof Plan: drawing 6931-1203-P1, 1:100 @ A1;

·                  Affordable Block A –Ground Floor Plan: drawing 6931-1206-P1, 1:100 @ A2;

·                  Affordable Block A –First Floor Plan: drawing 6931-1207-P1, 1:100 @ A2;

·                  Affordable Block A – Roof Plan: drawing 6931-1208-P1, 1:100 @ A2;

·                  Bins and Bike Store Plans and Elevations: drawing 6931-1211-P1, 1:100 @ A3;

·                  Bike Store Plans and Elevations: drawing 6931-1212-P1, 1:100 @ A3;

·                  Private Block B Proposed Elevations (1 of 2): drawing 6931-1301-P1, 1:100 @ A1;

·                  Private Block B Proposed Elevations (2 of 2): drawing 6931-1302-P1, 1:100 @ A1;

·                  Affordable Block A - Proposed Elevations (1 of 3): drawing 6931-1306-P1, 1:100 @A1;

·                  Affordable Block A - Proposed Elevations (2 of 3): drawing 6931-1307-P1B, 1:100 @ A1;

·                  Affordable Block A - Proposed Elevations (3 of 3): drawing 6931-1308-P1, 1:100 @ A1;

·                  Affordable Block - Concept Perspective Views: drawing 6931-1601-P2, NTS, A3;

·                  Southern Pond General Arrangement: drawing 191451-2720 Rev C1, 1:250 @ A1;

·                  Southern Pond Section Key Plan: drawing 191451-2721 Rev C1, 1:2250 @ A1;

·                  Southern Pond Long Section (Sheet 1 of 2): drawing 191451-2722 Rev C1, 1:250 @ A1;

·                  Southern Pond Levels Cross-Sections (Sheet 2 of 2): drawing 191451-2723 Rev C1, 1:250 @ A1;

·                  Southern Pond Construction Cross-Sections (Sheet 1 of 2): drawing 191451-2725 Rev C1, 1:250 @ A1 Berwick Multi Brick – Product Data Sheet;

·                  LD Ultra First Grade natural slate 500mm X 250mm – Blue-Black.

3.         No development shall take place 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

·                  Tree retention protection plan

 

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.

4.         All mitigation measures and/or works shall be carried out in accordance with the details contained in the Ecological Impact Assessment (BWB, February 2023). 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.”

5.         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 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

6.         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.”

7.         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 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.

8.         There shall be no development above slab level until samples of the external materials to be used have been submitted to and approved in writing by the Local Planning Authority. The development shall be completed in accordance with the approved details.

9.         The hard landscape works shall be carried out as approved prior to the beneficial occupation 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.

10.       A strategy to facilitate superfast broadband for the future occupants of the dwellings hereby approved, either through below ground infrastructure or other means should be submitted to the Local Planning Authority for approval in writing.  The method to facilitate superfast broadband shall be implemented in accordance with the approved strategy prior to the occupation of the appropriate building.

11.       Prior to the occupation of the buildings hereby permitted the proposed vehicle, cycle and scooter parking shall be provided in accordance with the approved details. The vehicle parking spaces shall be hard surfaced, sealed and marked out in parking bays in accordance with the plans and details hereby approved. The parking areas shall be retained in this form in perpetuity. The parking areas shall not be used for any purpose other than the parking that are related to the use of the development unless otherwise agreed with the Local Planning Authority.

12.       No more than one Master Antenna/satellite dish shall be provided on the roof of each of the two blocks of flats hereby permitted. No individual satellite dishes or antenna shall be provided per flat.

13.       The development hereby permitted shall be carried out in accordance with the approved Site Specific Flood Risk Assessment (FRA) ref 48854 RevB by Richard Jackson Consultants, dated 06/06/23 and the following mitigation measures detailed within the FRA:

·   Limiting the discharge from the site to 8.3l/s into the Southern pond and 4.8l/s into the Northern pond

·   Provide attenuation storage (including locations on layout plan) for all storm events up to and including the 1:100 year storm event inclusive of 40% 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.