Agenda item

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

Application Number	25/00160/FULM
Location	Land South Of Wycke Hill And Limebrook Way Maldon Essex
Proposal	Construction of 90 dwellings (Use Class C3), open space, landscaping, vehicular and pedestrian infrastructure, sustainable urban drainage and other associated works
Applicant	Crest Nicholson Eastern
Agent	Michael Smith - JCN Design & Planning
Target Decision Date	01.08.2025
Case Officer	Patrick Daly
Parish	MALDON WEST
Reason for Referral to the Committee / Council	Major Development

 

The Chairperson advised that due to an error in the voting process at the last meeting of this Committee, it was being brought back to the Committee for reconsideration as a fresh application, rather than following the constitutional brake applied at the last meeting. The report advised that the Monitoring Officer had advised that this application must be reconsidered in full in line with the Council’s Constitution to ensure a lawful decision is made. The Chairperson clarified that all Members present were able to speak and vote on the application whether present at the last meeting or not.

 

The Head of Service: Development Management and Building Control presented the report and drew Members’ attention to the Members’ Update that had been circulated prior to the meeting. The Update reported that the applicant had submitted a revision to the housing mix of market housing and the Update provided further details in respect of the proposed change. It was noted that the layout of the development would not change, and the only alterations related to the modifications in building types proposed for the one-bedroom dwellings. The Head of Service reported that Officers were satisfied that the amendment did not materially change the application, and it was noted that therefore no further public consultation was required. Should Members be mindful to approve the application subject to the amendments detailed in the Update, appropriate planning conditions would be attached to the decision notice to confirm the mix of market housing and associated drawing numbers.

 

Following the Officers’ presentation, the Agent Mr Smith addressed the Committee.

 

During the debate that ensued further points of clarification were provided in response to questions from Members, these included:

 

·                There would be six one-bedroom dwellings provided by the proposed development, these were a mix of market and affordable social housing dwellings.

 

·                A consultation response had been received from Essex County Council Education and the report provided details of the proposed contributions in respect of early years, primary and secondary education. These figures would form part of the Section 106 agreement, should Members be mindful to approve the application.

 

·                The detail of proposed Electric Vehicle (EV) charging points along with their location (including within communal areas) would be included as a condition.

 

Councillor A S Fluker proposed that the application be approved, in accordance with the Officers’ recommendation. This proposal was duly seconded.

 

Following further discussion, the Chairperson moved the proposal in the name of Councillor Fluker, subject to the amendments detailed in the Members’ Update and additional conditions detailed. Upon a vote being taken this was duly agreed.

 

RESOLVED that this application be APPROVED subject to 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, amendments detailed in the Members’ Update and additional conditions detailed.

 

Head of Terms of Section 106 Agreement:

 

Affordable Housing:

Agreed housing mix of houses (social/market), apartments and bungalows comprised of affordable/social rented, intermediate affordable and market

 

Education and Libraries

Contributions in respect of early years and childcare, primary and secondary school places

 

Contributions to the enhancement and improvement of library and related services at a cost commensurate to the development.

 

Employment and Skills (Employment and Skills Plan)

 

Essex County Council Monitoring Fees:

To pay the County Council’s Monitoring Fee of £700 per obligation (financial and otherwise).

 

NHS:

Contributions towards healthcare provision and infrastructure.

 

Essex Coast Recreational Disturbance Avoidance and Mitigation Strategy:

A financial contribution 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.

 

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 approved plans and documents as shown on the decision notice.

 

3.         Within the first available planting season following the first occupation of the development, the 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.

 

4.         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.

 

5.         A Biodiversity Enhancement Layout for biodiversity enhancements listed in the Preliminary Ecological Appraisal (CSA Environmental, August 2024) is to be submitted to and approved in writing by the local planning authority. The content of the Biodiversity Enhancement Layout shall include the following:

·                detailed designs or product descriptions for biodiversity enhancements; and

·                locations, orientations and heights for biodiversity enhancements on appropriate drawings.

 

The enhancement measures shall be implemented in accordance with the

approved details prior to occupation and all features shall be retained in that manner thereafter.

 

6.         Design and construction of the development shall ensure that the following noise criteria are met:

1)         bedrooms shall achieve a 16-hour LAeq (07:00 to 23:00) of 35dB(A), and an 8-hour LAeq (23:00 to 07:00) of 30dB(A), with individual noise events not exceeding 45dB LAFmax more than 10 times (23:00 to 07:00 hours)

2)         living rooms shall achieve a 16-hour LAeq (07:00 to 23:00) of 35dB(A)

3)         dining rooms shall achieve a 16-hour LAeq (07:00 to 23:00) of 40dB(A)

 

7.         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:

·                Arboricultural method statement (including drainage service runs, landscaping 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.

 

8.         Notwithstanding site layout and Masterplan drawings, there shall be no link provided from outside of the development to/from Public Footpath No 26 (Woodham Mortimer parish) in the south-west corner of the site.

 

9.         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 approved plan shall be adhered to throughout the construction period. The Plan shall provide for:

·                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

 

10.       Woodham Mortimer public footpath no 26 and Maldon public footpath no 41 shall be resurfaced consistent with Phase 2 of the overall Land south of Limebrook Way development immediately to the east of the site, i.e. self-binding gravel. The north-south aligned section that runs alongside a proposed new path shall include signage that clearly indicates what is part of the Public Right of Way network and what is privately-owned by the developer.

 

11.       Notwithstanding site layout and Masterplan drawings, there shall be no link provided from outside of the development to/from Woodham Mortimer public footpath no 26 in the southwest corner of the site.

 

12.       Prior to first occupation of the proposed development, the Developer shall submit a residential travel plan to the Local Planning Authority for approval in consultation with Essex County Council. Such approved travel plan shall be actively implemented for a minimum period from first occupation of the development until one year after final occupation.

 

13.       Prior to occupation of the development, the Developer shall be responsible for the provision and implementation of a Residential Travel Information Pack for sustainable transport to each dwelling, as approved by Essex County Council (to include six one day travel vouchers for use with the relevant local public transport operator).