Agenda item

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

Application Number	25/00173/FUL
Location	Land At Broad Street Green Road And Langford Road And Maypole Road Great Totham
Proposal	Erection of 3 storey, 66 bed care home (Class C2 use) with associated landscaping, car parking and access.
Applicant	LNT Care Developments (4) Limited
Agent	n/a
Target Decision Date	26.05.2025
Case Officer	Chris Purvis
Parish	HEYBRIDGE
Reason for Referral to the Committee / Council	Strategic site within the Local Development Plan  Major Application

 

The Chairperson drew Members’ attention to the Members’ Update circulated prior to the meeting, which includes corrections to the Officers report and an amendment to the drawing numbers in condition 2.

 

Following the Officers’ presentation, the Applicant, Ms Kemp addressed the Committee.

 

Councillor A S Fluker expressed concern regarding the proposed solar PV panels as he felt they would be visible, referred to a briefing note submitted by the applicant and felt a pitched roof would alleviate the issues with the solar panels. He advised he could not support the application and proposed that it be refused. This proposal was duly seconded.

 

During the debate that ensued a number of Members commented on the application. In response to the proposal from Councillor Fluker, the Head of Service: Development Management and Building Control provided the Committee with further detail regarding the flat roof and some guidance should it be mindful to refuse the application on the basis of design.

 

Following further debate and in response to a question, the Principal Planning Officer advised that a condition requesting that details of the solar panel be provided could be added.

 

At this point Councillor Fluker confirmed that he was withdrawing his earlier proposal and Councillor E L Stephens agreed to withdraw her seconding of it.

 

Councillor Stephens then proposed that the application be refused on design grounds, being that it would look overbearing, and it was not clear regarding the solar panels and how visible they would be. This was not seconded.

 

Councillor S J Burwood proposed that the Officers recommendation be agreed. This proposal was duly seconded. In respect of an additional condition regarding solar panels, Officers suggested that the applicant be asked to provide sections of the roof to see the relationship of the solar panels and the parapet in the context of the overall development. The Chairperson moved the proposal with the additional condition and upon a vote being taken this was agreed. Councillor E L Stephens requested that her vote against the proposal be recorded and Councillors J R Burrell-Cook, A S Fluker, M G Neall and M E Thompson abstained from the vote.

 

RESOLVED that this application be APPROVED subject to the applicant’s Unilateral Undertaking as 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 conditions as detailed below and the extra condition regarding the details of the solar panels:

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 complete accordance with the following documents:  

1. Location Plan Cm9 4dt - A-01.B  

2. Topographical Survey Cm9 4dt - A-02  

3. Site Plan Cm9 4dt - A-03  

4. Floor Plans Cm9 4dt - A-04  

5. Elevations Cm9 4dt - A-05  

6. 3d Visual Cm9 4dt – A-06  

7. 3d Visual Cm9 4dt – A-06-1  

8. 3d Visual Cm9 4dt – A-06-2  

9. Cycle Store Details Sdl-034  

10. Bin Store Details Sdl-033 rev.A  

11. Meter House & Garden Store Sdl-090.3C  

12. Landscape Masterplan 24_310_101.B  

13. Drainage Strategy Chhm-Bsp-Zz-Zz-D-C-240-P06  

14. Pv Battery Housing Pv-01a  

15. Substation Details Ss01  

16. External Lighting Scheme E104a 

17. Proposed Levels Plan - Cm9 4dt - I-14-D-  

18. Proposed Site Sections - Cm9 4dt - A-07  

3          The development hereby permitted shall be constructed in accordance with the finished ground and floor levels as specified on the Proposed Levels Plan - Cm9 4dt - I-14-D- and the Proposed Site Sections - Cm9 4dt - A-07. 

4          No development above ground level shall take place until a schedule of the external material or samples of materials, to be used in the development, have been submitted to and approved in writing by the Local Planning Authority. The works shall thereafter be carried out in accordance with the approved details. 

5          Prior to installation, details of all windows and doors (including the depth of reveal and proposed materials) shall be submitted to and approved in writing by the Local Planning Authority. Development shall only be implemented in accordance with the approved details and permanently retained as such.  

6          Prior to the erection of any TV and radio aerial or satellite dishes, details shall first be submitted to and approved in writing by the Local Planning Authority. Development shall only be implemented in accordance with the approved details and shall be permanently retained as such. 

7          No use or occupation of the development shall occur until the means of enclosures as shown on the approved plans have been fully erected. The means of enclosure shall be permanently retained as such. 

8          No use or occupation of the development shall occur until the vehicle parking to be provided for the development, has been hard surfaced, sealed and marked out in parking bays with electric vehicle charging provided, in accordance with the approved plans. The vehicle parking areas and associated drop off and turning area shall be retained in this form in perpetuity.  

9          Prior to the first use of the development hereby permitted, the bicycles storage units as detailed within the approved plans shall be provided, and thereafter retained as approved in perpetuity.  

10        No use or occupation of the development shall occur until pedestrian dropped kerbs together with tactile paving has been provided at the bellmouth of the access road junction onto the currently unnamed east-west aligned estate road to the north of the development site. 

11        No development shall occur, including any ground works, 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  

·       Construction vehicle routing 

·       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  

·       Hours of working 

·       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 

·       Identification of biodiversity protection zones 

·       The location of timing of sensitive works to avoid harm to biodiversity features 

·       The times of construction when an ecologist needs to be present on site 

·       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.  

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

·       Limiting the discharge from the site to 0.5l/s.        

·       Provide attenuation storage (including locations on layout plan) for all storm events up to and including the 1:100 year storm event inclusive of 45% climate change. 

·       Demonstrate that all storage features can half empty within 24 hours for the 1 in 30 plus 45% climate change critical storm event. 

 

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.  

13        No development shall occur 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. 

14        No use or occupation shall occur until 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 on each parcel, has been submitted to and agreed in writing by the Local Planning Authority. Should any part be maintainable by a maintenance company, details of long term funding arrangements should be provided. 

15        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. 

16        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, work should stop, and a risk assessment shall be carried out and submitted to and approved in writing by the Local Planning Authority.  

17        The development hereby permitted shall be carried out in accordance with the External Lighting Scheme (LNT Construction LTD, January 2025). 

18        No development shall occur until, an Ecological Conservation Management Plan (ECMP) has been submitted to and approved in writing by the Local Planning Authority. The ECMP shall set out the measures proposed for protecting the net biodiversity of the site as a result of development and shall include: 

a)         contractor responsibilities, procedures, and requirements; 

b)         full details of appropriate habitat and species surveys, and reviews where necessary, to identify areas of importance to biodiversity; 

c)         details of measures to ensure protection and suitable mitigation to all legally protected species and those habitats and species identified as being of importance to biodiversity post development, including consideration and avoidance of sensitive stages of species’ life cycles, such as the bird breeding season, protective fencing, and phasing of works to ensure the provision of advanced habitat areas and to minimise disturbance of existing features; 

d)         identification of habitats and species worthy of management and enhancement together with the setting of appropriate conservation objectives for the site; 

e)         a summary work schedule table confirming the relevant dates and/or periods that protection measures shall be implemented or undertaken by; 

f)          a programme for monitoring to be carried out four times annually during the construction process; 

g)         confirmation of suitably qualified personnel responsible for overseeing implementation of the ECMP commitments, such as an Ecological Clerk of Works, including a specification for the role;  

h)         locations, orientation, and heights of proposed enhancement measures; 

i)          A timetable for implementation; and 

i)          details of persons responsible for the long-term maintenance, management and monitoring responsibilities. 

 

All species and habitat protection, enhancement, restoration and creation measures shall be carried out in accordance with the approved ECMP. 

19        No development shall occur until a Habitat Management and Monitoring Plan, in line with the approved Biodiversity Gain Plan, has been submitted to and approved in writing by the Local Planning Authority. The content of the Habitat Management and Monitoring Plan should include the following: 

a)         A management and monitoring plan for onsite biodiversity net gain 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 BNG is progressing towards achieving its objectives, evidence of arrangements and any rectifying measures needed. 

b)         A management and monitoring plan for off-site biodiversity net gain 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 BNG 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 council at the specified intervals.  

20        No use or occupation of the development shall occur until the hard and soft landscape works as detailed in Landscape Masterplan 24_310_101.B have been carried out. 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. 

21        The trees and hedges identified for retention in the Arboricultural Survey Report and Arboricultural Impact Assessment (AIA) shall be protected during the course of the development. The trees and/or hedges shall be protected by chestnut paling fencing for the duration of the construction period at a distance equivalent to not less than the spread from the trunk. The protective fencing and ground protection shall be erected before the commencement of any clearing, demolition and building operations and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Within the fenced protection zone(s) no materials shall be stored, no rubbish dumped, no fires lit and no buildings erected inside the fence, nor shall any change in ground level be made within the fenced area unless otherwise first agreed in writing by the local planning authority. If within five years from the completion of the development a tree or hedge shown to be retained is removed, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, a replacement 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. 

22        Notwithstanding the Travel Plan provided with this application, no use or occupation of the development shall occur until an updated workplace Travel Plan has been submitted to and agreed in writing with the local planning authority. The Travel Plan shall include detailed and specific measures to reduce the number of journeys made by car to the building hereby permitted and shall include specific details of the operation and management of the proposed measures.  The commitments explicitly stated in the Travel Plan shall be binding on the applicants or their successors in title.  The measures shall be implemented upon the first operational use / occupation of the building hereby permitted and shall be permanently kept in place unless otherwise agreed in writing with the local planning authority.  Upon written request, the applicant or their successors in title shall provide the local planning authority with written details of how the agreed measures contained in the Travel Plan are being undertaken at any given time.