Agenda item

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

Application Number	25/00755/OUT
Location	Land Adjacent 13 Mill Road, Tillingham, Essex
Proposal	Outline application with all matters reserved for construction of a detached 3 bedroom house with integral garage and a semi-detached pair of 3 bedroom houses
Applicant	Mr James Emmerson - Emmerson New Homes
Agent	Mr Neil Cook – NC Design
Target Decision Date	12.12.2025 (EOT agreed)
Case Officer	Matt Bailey
Parish	Tillingham
Reason for Referral to the Committee / Council	Departure from the local plan

 

The Officer presented the report.

 

Members raised concerns over the proposed tree removals within the application. The Officer then explained that the site had a fallback position in which they had permission to remove trees already but the Officer believed that this application went further to protect and accommodate the trees making specific mention to the development being moved further away from the centre cluster of trees.

 

A Member queried the self-build status of the site and asked if they could put a condition to ensure it remains a self-build site. The Officer then said that was something that they could facilitate.

 

Following this further discussion on the trees that would be removed and replaced occurred, with a Member suggesting a variation on condition 6 to change the wording to more clearly state that the applicant would have to replace the removed trees with those of the same size and species.

 

Councillor V J Bell then proposed that they approve the application with the additional condition on self-build and amendment of proposed condition 6. This was duly seconded and agreed.

 

RESOLVED that the application be APPROVED subject to the following conditions, an additional condition restricting the proposed dwellings to self-build and amendment of proposed condition 6.

1          The development shall be carried out in accordance with plans and particulars relating to the scale, appearance, landscaping, layout and access of the site (hereinafter called "the reserved matters"), for which approval shall be obtained from the local planning authority in writing before any development is begun. The development shall be carried out fully in accordance with the details as approved. 

 

2          Application for the approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. 

 

3          The development hereby permitted shall be begun within two years from the date of the final approval of the reserved matters.  The development shall be carried out as approved.  

 

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 to and approved in writing by the local planning authority. 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. 

 

Where discharging to a watercourse the proposed scheme shall include details of the destination and discharge rates equivalent to "greenfield runoff" up to and including a 1 in 100 year rainfall event inclusive of climate change. This is typically achieved by installing some form of attenuation on site e.g. temporary storage. The rate should be restricted to the 1 in 1 greenfield rate or equivalent greenfield rates with long term storage (minimum rate 1l/s). If the land is designated as a Brownfield Site it should aim to limit run-off for a storm event that has a 100% chance of occurring each year (1 in 1 year event) OR demonstrate 50% betterment of the current rates. 

 

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          No development work 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. 

 

6          No trees within the site shall be felled, cut back, damaged or removed, unless otherwise first agreed in writing with the Local Planning Authority.  No development shall commence until information has been submitted and approved in writing by the Local Planning Authority in accordance with the requirements of BS:5837:2012 in relation to tree retention and protection as follows: 

1.     Tree survey detailing works required; 

2.     Trees to be retained; 

3.     Tree retention protection plan; 

4.     Tree constraints plan; 

5.     Arboricultural implication assessment; 

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

  

No development shall commence until fencing and ground protection to protect the trees shall be erected, details to be submitted and approved as per BS5837:2012, and ground protection been erected details of which shall have been submitted to the Local Planning Authority for written approval.  The ground protection shall be laid as per Arboricultural method statement in accordance with British Standard BS5837:2012 (Trees in relation to construction) unless otherwise agreed in writing.  The protective fencing and ground protection shall be erected before the commencement of any clearing, demolition and building operations and 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. 

 

7          Prior to their use in the development written details and samples of all materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out using the materials and details as approved. 

 

8.              The landscaping details referred to in Condition 1 shall provide full details and specifications of both hard and soft landscape works which shall be submitted to and approved in writing by the Local Planning Authority. Such details shall be submitted concurrently with the other reserved matters.   

 

These landscaping details shall include the layout of the hard landscaped areas with the materials and finishes to be used together with details of the means of enclosure and details of the siting, height, design and materials of the treatment of all boundaries including gates, fences, walls, railings and piers, car parking layout and vehicle and pedestrian accesses.  

 

The details of the soft landscape works shall include schedules of shrubs and trees to be planted, noting the species, stock size, proposed numbers/densities and details of the planting scheme’s implementation and maintenance program. The hard landscape works shall be carried out as approved prior to the beneficial occupation of the development hereby approved unless otherwise first agreed in writing by the Local Planning Authority.   

 

The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the commencement of the development, unless otherwise first agreed in writing by the Local Planning Authority.   

 

If within a period of five years from the date of the planting of any tree or plant that tree or plant, or any tree or plant planted in its replacement, is removed, 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. 

 

The screening as approved shall be constructed prior to the first occupation of the development to which it relates and be retained as such thereafter. 

 

9          Prior to first occupation of the development, the shared vehicular access for plots 1 and 2 and the vehicular access for plot 3 shall be constructed as shown in principle on planning drawing ‘Mill Road / 12’, and both shall be provided with appropriate dropped kerb vehicular crossings of the footway.  

 

10        No surface water from the application site shall be discharged onto the highway. 

 

11        No unbound material shall be used in the surface treatment of the vehicular accesses within 6 metres of the highway boundary of the site. 

 

12        The scheme to be submitted pursuant to the reserved matters shall make provision for car parking within the site in accordance with the Council's adopted car parking standards.  Prior to the occupation of the development the parking areas shall be constructed, surfaced, laid out and made available for such purposes in accordance with the approved scheme and retained as such thereafter.   

 

13        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 this 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 hat 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. 

 

14        All mitigation measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal (Plumb Associates, May 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.  

 

15        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. 

 

16        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.