Agenda item

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

Application Number	24/00244/FULM
Location	Land South Of Brent Way And Off Of Endeavour Way, Burnham-On-Crouch, Essex
Proposal	Construction of 63 dwellings (Use Class C3), and associated works, including informal and formal open space; vehicular, pedestrian and cyclist infrastructure; car and cycle parking; sustainable urban drainage; and infrastructure.
Applicant	Barratt David Wilson Homes (Eastern Counties)
Agent	Lanpro Services Ltd
Target Decision Date	27.09.24 (EoT)
Case Officer	Lisa Page
Parish	BURNHAM-ON-CROUCH NORTH
Reason for Referral to the Committee / Council	Strategic site within the strategic submitted Local Development Plan

 

It was noted that a Members’ Update had been circulated prior to the meeting and this advised of:

 

·                an amended plan number

 

·                a consultation response from Natural England

 

·                clarification on the market and affordable housing mix, and discussion of compliance with Local Housing Needs Assessment

 

·                implications of the housing mix to the ‘plannng balance’

 

Following the Officers’ presentation, the Applicant, Mr Ray Houghton addressed the Committee.

 

Councillor A S Fluker commented on the application and then proposed that the application be approved as per Officers recommendation. This proposal was duly seconded.

 

Following some debate, the Chairperson moved the proposal in the name of Councillor Fluker 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 planning obligations and subject to the following 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:

•                H8769-2A-SP-001 Rev I

•                H8769-2A-SP-002 Rev B

•                H8769-2A-SP-003 Rev D

•                H8769-2A-SP-004 Rev D

•                H8769-2A-SP-005 Rev D

•                H8769-2A-SP-006 Rev E

•                H8769-2A-SP-007 Rev E

•                H8769-2A-SP-008 Rev F

•                H8769-2A-SP-009 Rev D

•                H8769-2A-SP-010 Rev D

•                H8769-2A-SP-011 Rev C

•                P286-AE-GS-001

•                P286-AE-FP-001

•                P286-AE-GS-002

•                P286-AE-FP-002

•                P382-AE-GE-001

•                P382-AE-FP-001

•                P382-AE-GE-002

•                P382-AE-FP-002

•                DWB3_5-BE-GS-001

•                DWB3_5-BE-RE-001

•                DWB3_5-BF-FP-001

•                P341-HD-GD-001

•                P341-HD-GD-002

•                P341-HD-RE-001

•                P341-HD-RE-002

•                P341-HD-FP-001

•                P341-HD-FP-002

•                H312-BD-HD-002

•                H312-BD-FP-002

•                H403-ID-GD-001

•                H403-ID-GD-002

•                H403-ID-RE-001

•                H403-ID-FP-001

•                H403-ID-FP-002

•                H456-AD-GD-002

•                H456-AD-RE-001

•                H456-AD-FP-001

•                H456-AD-FP-002

•                H469-HD-HD-002

•                H469-HD-RE-001

•                H469-HD-RE-002

•                H469-HD-FP-001

•                H469-HD-FP-002

•                H588-HN-RE-001

•                H588-HN-FP-001

•                N2D8/9-2A-HD-001

•                N2D8/9-2A-HD-002

•                N2D8/9-2A-FP-001

•                N2D8/9-2A-FP-002

•                Z113-2A-HD-001

•                Z113-2A-HD-002

•                Z113-2A-FP-001 REV A

•                Z113-2A-FP-002

•                N2D1-2A-HE-001

•                N2D1-2A-HE-002

•                N2D1-2A-FP-001

•                N2D1-2A-FP-002

•                N2D1-2A-HE-002 (As)

•                N2D1-2A-FP-002 (As)

•                N2D3-2A-HE-001

•                N2D3-2A-HE-002

•                N2D3-2A-FP-001

•                N2D3-2A-FP-002

•                N2D5-2A-GD-001

•                N2D5-2A-GD-002

•                N2D5-2A-FP-001

•                N2D5-2A-FP-002

•                22007-08 Rev C

•                22007-09 Rev C

•                22007-10 Rev C

•                22007-11 Rev C

•                22007-12 Rev C

•                22007-13 Rev C

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, has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

4.         No development shall commence until the following information has been submitted to and approved in writing by the Local Planning Authority:

·                A full topographical site survey showing existing levels including:  the datum used to calibrate the site levels; levels along all site boundaries; levels across the site at regular intervals; and levels of adjoining buildings and their gardens;

·                Full details of the proposed finished floor levels of all buildings, proposed garden levels, proposed levels along all site boundaries, and proposed levels for all hard and soft landscaped surfaces.

 

The development shall only be carried out in accordance with the approved details.

5.         Within the first available planting season following the first occupation of the development, the hard and soft landscaping works as shown on the approved plans 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.

6.         The hard landscaping works, including boundary treatments, as shown on the approved plans, shall be carried out prior to the first occupation of the development hereby approved, and shall thereafter be retained as such. 

7.         No development shall commence until the tree protection measures as set out in the Arboricultural Impact Assessment, March 2024 have been fully implemented, and an Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out on accordance with the approved details.

8.         The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) and the following mitigation measures detailed within the FRA:

·                Limiting the discharge from the site to the predetermined rate (as the site is part of a wider site).

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

9.         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.

10.       Prior to first 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.

11.       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.

12.       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.

13.       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.

14.       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 in / out of 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

·                The storage of top soil

·                Wheel and underbody washing facilities

·                Construction signage and traffic management

·                Measures to control the emission of dust, dirt and mud during construction

·                A scheme to control noise and vibration during the construction phase, including details of any piling operations

·                The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

·                Details of how the approved plan will be implemented and adhered to, including contact details for individuals responsible for ensuring compliance

·                Contact details for Site Manager and details of publication of such details to local residents.

 

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

15.       The proposed development shall not be occupied until such time as the vehicle parking areas indicated on the approved plans, including any parking spaces for the mobility impaired, has been hard surfaced, sealed and marked out in parking bays. The vehicle parking area and associated turning areas shall be retained in this form at all times. The vehicle parking shall not be used for any purpose other than the parking of vehicles that are related to the use of the development unless otherwise agreed with the Local Planning Authority.

16.       No development or preliminary groundworks of any kind shall take place until a programme of archaeological investigation has been secured in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority.

17.       No development or preliminary groundworks of any kind shall take place until the completion of the programme of archaeological evaluation identified in the WSI defined in Condition 16 and confirmed by the Local Authority archaeological advisors.

18.       A mitigation strategy detailing the excavation / preservation strategy shall be submitted to the local planning authority following the completion of the archaeological evaluation.

19.       No development or preliminary groundworks can commence on those areas containing archaeological deposits until the satisfactory completion of fieldwork, as detailed in the mitigation strategy, and which has been approved in writing by the Local Planning Authority.

20.       The applicant will submit to the local planning authority a post excavation assessment which has been approved in writing by the Local Planning Authority. This shall be done within 6 months of the date of completion of the archaeological fieldwork unless otherwise agreed in advance in writing by the Local Planning Authority. This will result in the completion of post excavation analysis, preparation of a full site archive and report ready for deposition at the local museum, and submission of a publication report.

21.       Prior to the commencement of development, a construction environmental management plan (CEMP: Biodiversity) shall be submitted to and approved in writing by the Local Planning Authority, in line with the Ecological Impact Assessment (CSA Environmental Ltd, June 2024). 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.

i)          Containment, control and removal of any Invasive non-native species present on site

 

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

22.       Prior to the first occupation of the development hereby permitted, on site measures to avoid impacts from the development alone from recreation disturbance to the Crouch and Roach Estuaries SPA and Ramsar site and Essex Estuaries SAC shall be submitted to, and be approved in writing by, the Local Planning Authority. The content of the of the onsite measures will be in line with the approved Habitats Regulations Assessment and shall include the following:

a)         Purpose and conservation objectives for the proposed measures;

b)         Detailed designs of the interpretation board and leaflets;

c)         Timetable for implementation demonstrating that measures are aligned with the proposed phasing of development;

d)         Locations of proposed interpretation boards and dog waste bins by appropriate maps and plans; and

e)         Details of initial aftercare and long-term maintenance.

 

The measures shall be implemented in accordance with the approved details and shall be retained in that manner thereafter.

23.       Prior to any works above slab level, a Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to the occupation of the development. This must include enhancements for reptile, 17 no. bat boxes, 17 no. bird nesting boxes and hedgehog friendly fencing, in line with the Ecological Impact Assessment (CSA Environmental Ltd, June 2024). The content of the LEMP shall include the following:

a)         Description and evaluation of features to be managed.

b)         Ecological trends and constraints on site that might influence management.

c)         Aims and objectives of management.

d)         Appropriate management options for achieving aims and objectives.

e)         Prescriptions for management actions.

f)          Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).

g)         Locations, orientations and heights of proposed enhancement measures by appropriate maps and plans

h)         Details of the body or organisation responsible for implementation of the plan.

i)          Ongoing monitoring and remedial measures.

 

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan shall be implemented in accordance with the approved details.

24.       Prior to occupation, a “lighting design strategy for biodiversity” in accordance with Guidance Note 08/23 (Institute of Lighting Professionals) shall be submitted to and approved in writing by the local planning authority. The strategy shall:

a)         identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and

b)         show how and where external lighting will be installed (through provision of appropriate lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.

 

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.

25.       Prior to the commencement of the development hereby approved, a Habitat Management and Monitoring Plan (HMMP), in line with the approved Biodiversity Gain Plan, must be submitted to the Local Planning Authority and approved in writing. The content of the Habitat Management and Monitoring Plan should include the following:

a)         A management and monitoring plan for onsite significant enhancements, including 30-year objectives, management responsibilities, maintenance schedules and a methodology to ensure the submission of monitoring reports in years 2,5,10,15,20,25 and 30 from commencement of development, demonstrating how the Biodiversity Net Gain is progressing towards achieving its objectives, evidence of arrangements and any rectifying measures needed.

 

The development shall be implemented in full accordance with the requirements of the approved Habitat Management and Monitoring Plan, with monitoring reports submitted to the Local Planning Authority at the specified intervals.

26.       Prior to any above ground commencement on plots 2-11 inclusive, 59 and 63, the design and construction of these specific units, including details of additional alternative means of ventilation which allows the internal guideline noise levels in Table 4 of BS 8233:2014 ‘Guidance on sound insulation and noise reduction for buildings’ to be achieved, shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details.

27.       The dwellings which are not provided with garaging shall be provided with the approved cycle storage unit, prior to the first occupation of each unit.

 

 

Councillor W Stamp returned to the chamber at this point.