Agenda item

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

Following the Officers’ presentation the Officer answered a concern Members had over the detail of the offsite parking within the construction management plan. The Officer responded that they were currently reviewing the wording for parking matters within the Construction Management Plan and that for this application it was reasonable to deal with parking on the street within a condition during the construction period.

A proposal to approve the application with the additional conditions discussed was put forward by Councillor A S Fluker and duly seconded. Upon a vote being taken this was then agreed by assent

RESOLVED that the application be APPROVED subject to the conditions as set out below and the submitted Unilateral Undertaking and upon conditions to be discussed about updating the Construction Management Plan to include containing parking within the site over the course of the construction.

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 stated on the Decision Notice.

3          The materials used in the construction of the development hereby approved shall be as set out within the application form/approved plans.

4          No development work above ground level shall occur until a detailed Sustainable Urban Drainage Scheme as specified in the Essex Sustainable Drainage Systems Design Guide has been submitted in writing by the local planning authority. This must be conducted by a competent person and include written explanation of any data provided. The scheme shall subsequently be implemented prior to occupation of the development and should include and not be limited to: 

·          Discharge rates/location 

·          Storage volumes 

·          Treatment requirement 

·          Detailed drainage plan 

·          A written report summarising the final strategy and highlighting any minor changes to the approved strategy 

Where the surface water drainage strategy proposes the use of soakaways the details of the design and the results of a series of percolation tests carried out upon the subsoil in accordance with DG 365 2016. You are 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. 

The applicant must demonstrate that the system is an appropriate point of discharge for the site. The discharge hierarchy should be used to determine discharge location. This is particularly important when considering greenfield development which may currently discharge to a sewer but may have the capacity to discharge to a watercourse or to the ground. If not, then further information/assessment will be required to determine the suitability of the system to convey the proposed flows and volumes of water. Evidence will be required that the development will not increase risk to others. If the proposed discharge point is outside the development site then the applicant will need to demonstrate that the necessary permissions and or agreements to achieve connection are possible. 

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. 

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. 

5          Prior to first occupation of the dwelling hereby approved, the foul drainage for the dwelling must either be connected to mains drainage or a small sewage treatment plant of adequate capacity for the dwelling. Any small sewage treatment plant installed must discharge treated effluent in a manner which complies with the "General Binding Rules" at the time of installation. 

6          Prior to the commencement of the development the applicant shall submit in writing a construction management plan to the local planning authority for approval. Within the construction management plan it must consider the following requirements: 

The applicant should ensure the control of nuisances during construction works to preserve the amenity of the area and avoid nuisances to neighbours and to his effect: 

a)         no waste materials should be burnt on the site, instead being removed by licensed waste contractors; 

b)         no dust emissions should leave the boundary of the site; 

c)         consideration should be taken to restricting the duration of noisy activities and in locating them away from the periphery of the site; 

d)         hours of works: works should only be undertaken between 08:00 hours and 1800 hours on weekdays; between 0800 hours and 1300 hours on Saturdays and not at any time on Sundays and Public Holidays. 

If it is known or there is the likelihood that there will be the requirement to work outside of these hours or there will be periods where the will be excessive noise that will significantly impact on sensitive receptors Environmental Health at Maldon District Council must be notified prior to the works as soon as is reasonably practicable. The developer is advised to consult nearby sensitive noise premises and may be advised to apply for a Prior Consent under Section 61 of the Control of Pollution Act 1974. 

7.         Prior to first occupation of the development and as shown in principle on planning drawing no. 202 Rev P03, the existing vehicular access shall be widened to accommodate a suitable shared dropped kerb vehicular crossing of the highway verge to enable safe vehicle access to the parking layouts. Full layout details to be agreed with the Highway Authority.  

8.         No unbound material shall be used in the surface treatment of the vehicular access within 6 metres of the highway boundary. 

9.         Prior to first occupation of the development, cycle parking shall be provided in accordance with Maldon District Council’s Parking Standards. The approved facilities shall be secure, convenient, covered and retained at all times. 

10        Prior to first occupation of the development, the Developer shall be responsible for the provision, implementation and distribution of Residential Travel Information Packs for sustainable transport, as approved by ECC, 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. 

11        All ecological mitigation measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal (ACJ Ecology Associates, February 2025) as already submitted with the planning application and agreed in principle with the local planning authority prior to determination. 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. 

12        The trees and hedges identified for retention on the approved plans which are attached to and form part of this permission shall be protected during the course of the development. The trees and/or hedges shall be protected by measures which accord with British Standard 5837:2012 (Trees in Relation to Construction). 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. 

13        Prior to any works above slab level, a Biodiversity Enhancement Strategy for protected, Priority and threatened species, prepared by a suitably qualified ecologist, 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 of proposed enhancement measures by appropriate maps and plans (where relevant); 

d)         persons responsible for implementing the enhancement measures; and 

e)         details of initial aftercare and long-term maintenance (where relevant). 

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

14        Prior to 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 how lighting impacts will be avoided upon the Essex Estuaries SAC and the Crouch and Roach Estuaries SPA, Ramsar & SSSI 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 lighting will not result in impacts upon the statutory designated sites. 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. 

15        Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), or any order revoking and re-enacting that Order with or without modification, no development falling within Schedule 2, Part 1, Classes A to H of the Order shall be carried out to the dwellinghouse hereby approved without the prior written permission of the Local Planning Authority.