Agenda item

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

Following the Officer’s presentation, a concern was raised about environmental mitigations within the application to which the Head of Planning and Implementation responded that the mitigations were covered in section 5.9.5 of the report.

Then Councillor J Driver proposed that the Committee accept the Officers’ recommendation and approve this application

This was duly seconded and unanimously agreed

RESOLVED that the application be APPROVED subject to the following conditions:

1.              The development hereby permitted shall commence not later than three years from the date of this decision. 

2.              The development hereby permitted shall be carried out in accordance with the approved plans as shown on the decision notice.  

3.              No development shall commence, including any works of demolition, until full details of both the finished levels, above ordnance datum, of the ground floor of the proposed dwelling and of the finished garden levels and hard and soft surfaces in relation to existing ground levels have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with the approved details.  

4.              No above ground development shall commence until a schedule of the types and colour of the materials to be used in the external finishes of the dwelling hereby permitted has been submitted to and approved in writing by the Local Planning Authority. Samples or high quality photographs of the bricks and roof tiles to be used and information on their source shall be submitted also. The development shall only be implemented in accordance with the approved details and permanently retained as such. 

5          No above ground development shall commence until details of all gates / fences / walls or other means of enclosure have been submitted to and approved in writing by the Local Planning Authority. The details shall include scaled elevation and plan drawings illustrating their location, design, materials and finish. The enclosures as approved shall be provided prior to the occupation / first use of the relevant plot and shall be permanently retained as such.

6          No development shall commence, including any works of demolition, until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. The Construction Management Plan shall include the following details:  

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a)         The provision of parking for operatives and contractors;  

b)         The storage of plant and materials used in constructing the development;  

c)         Wheel washing and underbody washing facilities;  

d)         Measures to control the emission of dust, dirt and mud during construction;  

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

f)          Hours of work – works shall only be undertaken between 0800 hours and 1800 hours on weekdays; between 0800 hours and 1300 hours on Saturdays; and not at any time on Sundays, Bank and Public Holidays; 

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

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

7          No development works above ground level shall occur until details of the surface water drainage scheme to serve the development 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. The scheme shall ensure that for a minimum: 

a)         The development should be able to manage water on site for 1 in 100 year events plus 40% climate change allowance. 

b)         Run-off from a greenfield site for all storm events that have a 100% chance of occurring each year (1 in 1 year event) inclusive of climate change should be no higher than 10/ls and no lower than 1/ls. The rate should be restricted to the 1 in 1 greenfield rate or equivalent greenfield rates with long term storage (minimum rate 1l/s) or 50% betterment of existing run off rates on brownfield sites (provided this does not result in a runoff rate less than greenfield) or 50% betterment of existing run off rates on brownfield sites (provided this does not result in a runoff rate less than greenfield). 

The Applicant is advised that in order to satisfy the soakaway condition the following details will be required: - details of the area to be drained, infiltration rate (as determined by BRE Digest 365), proposed length, width and depth of soakaway, groundwater level and whether it will be rubble filled. 

Where the local planning authority accepts discharge to an adopted sewer network you will be required to provide written confirmation from the statutory undertaker that the discharge will be accepted. 

8          No development works above ground level shall occur until details of the foul drainage scheme to serve the development 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. 

9          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. This pack (including tickets) is to be provided by the Developer to the dwelling free of charge.  

10        All mitigation measures and/or works shall be carried out in accordance with the details contained in the Low Impact EcIA (Hybrid Ecology, May 2024) submitted with the application.  

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.  

11        Prior to any works above slab level, 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;  

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. 

12        Prior to the installation of any external lighting, a lighting design scheme for biodiversity shall be 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. 

13        No development shall commence, including any works of demolition, 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:  

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

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The protective fencing and ground protection shall be retained as approved 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. 

14        Prior to above ground works, full details of both hard and soft landscape works shall be submitted to and approved in writing by the Local Planning Authority. These details shall include: -:  

1)         Hard surfacing materials;  

2)         Details of proposed schedules of species of trees and shrubs to be planted, planting layouts with stock sizes and planting numbers/densities;  

3)         Details of the planting scheme implementation programme and a timescales and details of the aftercare and maintenance programme.  

Details for hard surfacing shall ensure that a permeable surface treatment is provided to prevent compaction and allow water penetration of the sub-soil. 

The development shall be carried out in accordance with the approved details and implementation timetable. 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.  

15        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order amending, revoking and re-enacting that Order), no enlargement of the dwellinghouse(s), provision of any building within the curtilage of the dwellinghouse(s), or alteration of the dwellinghouse(s), as permitted by Classes A, AA and E of Part 1 of Schedule 2 of that Order shall be carried out without first obtaining planning permission from the Local Planning Authority. 

16        The weatherboarding shall be featheredged timber painted black and all windows, doors, fascias and soffits shall be of painted timber only. 

17        The dwelling hereby permitted, shall, for a period of two years upon the first occupation of the dwelling, only be occupied by the applicant (or Mr Richard Cozens), or a widow, widower or surviving civil partner of such a person, and by any resident dependants, and shall only be occupied as their primary residency.  

18        The two year period of occupancy in condition number 17 will only start to run once the Local Planning Authority has been informed in writing that a lawful occupancy has begun.