Agenda item

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

Application Number	25/00569/FULM
Location	Land At Junction Of Steeple Road And Mill Road Mayland Essex
Proposal	The construction of 55 new homes and associated landscaping, access, car and cycle parking and refuse and recycling provision.
Applicant	Mr Liam Mcnamara – Savannah Properties
Agent	Mr Richard Quelch - Q Square Group Ltd
Target Decision Date	10.04.2026
Case Officer	Gareth Ball
Parish	MAYLAND
Reason for Referral to the Committee / Council	Departure – Site outside of the settlement boundary.  Member call-in – Councillor A S Fluker – concerns about Settlement Boundaries and the Countryside, Design Quality and the Built Environment and the Housing Mix and how they are addressed in the proposal – Ref Policies LDP 2014/2029 Policies S8, D1 and H2

 

The Officer presented the report. Following this an Objector Julie Wilkins, and the Agent Richard Quelch addressed the committee.

 

Members then went on to discuss the application raising issues with the following:

 

·        The site being outside of the settlement boundary

·        no direct footpaths to the main settlement and the subsequent need to rely on personal vehicles

·        the lack of public transport in the area

·        concerns over highway safety

·        the loss of agricultural land

·        and the design of the play space equipment

 

The Officer explained that whilst these are valid concerns they have been taken into consideration and do not change the tilted balance in favour of refusal when talking about this site.

 

At this point in the meeting Councillor U G C Siddal-Norman proposed they refuse this application. This was duly seconded.

 

Upon a vote being taken to see if the Committee was minded to refuse this proposal was refused.

 

Following this Councilor V J Bell proposed that the Committee approve this application with a variation on a condition. This was duly seconded.

 

Upon a vote being taken this proposal was approved

 

RESLOVED that the application be APPROVED subject to an amendment to the condition on the accessibility and quality of play space equipment being agreed with the Chairperson and Committee and the following conditions:

1.               The development hereby permitted shall be begun before the expiration of three years from the date of this permission.  

2.               The development shall be carried out in accordance with the following approved plans: 

 

1859b_STEEP-SCN-ZZ-04-DR-A-03_301-A3_PL04 - Site Layout Plan 1859b_STEEP-SCN-ZZ-04-DR-A-03_311-A3_PL04 - Housing Tenure Plan 1859b_STEEP-SCN-ZZ-04-DR-A-03_320-A3_PL03 - BNG plan 1859b_STEEP-SCN-ZZ-ZZ-DR-A-20_340-A3_PL03 - Illustrative Street Scenes  

1859b_STEEP-SCN-XX-XX-SH-A-80.251-A2-PL24_Accommodation Schedule 

1859b_STEEP-SCN-HTA-ZZ-DR-A-ZZ_320-A3_PL02 (House Type A) 1859b_STEEP-SCN-HTB-ZZ-DR-A-ZZ_321-A3_PL01 (House Type B) 1859b_STEEP-SCN-HTC-ZZ-DR-A-ZZ_322-A3_PL01 (House Type C) 1859b_STEEP-SCN-HTD-ZZ-DR-A-ZZ_323-A3_PL01 (House Type D) 1859b_STEEP-SCN-HTE-ZZ-DR-A-ZZ_324-A3_PL01 (House Type E) 1859b_STEEP-SCN-HTF-ZZ-DR-A-ZZ_325-A3_PL01 (House Type F) 1859b_STEEP-SCN-HTG-ZZ-DR-A-ZZ_326-A3_PL01 (House Type G) 1859b_STEEP-SCN-HTH-ZZ-DR-A-ZZ_327-A3_PL01 (House Type H) 1859b_STEEP-SCN-HTI-ZZ-DR-A-ZZ_328-A3_PL02 (House Type I) 1859b_STEEP-SCN-BTA-ZZ-DR-A-ZZ_329-A3_PL01 (Bungalow Type A) 1859b_STEEP-SCN-BTB-ZZ-DR-A-ZZ_330-A3_PL01 (Bungalow Type B) 1859b_STEEP-SCN-BTC-ZZ-DR-A-ZZ_331-A3_PL01 (Bungalow Type C) 1859b_STEEP-SCN-ZZ-ZZ-DR-A-20_332-A3_PL01 (Apartment Block A) 1859b_STEEP-SCN-ZZ-ZZ-DR-A-20_333-A3_PL01 (Apartment Block B) 

 

3.               No works related to the alteration of ground levels at the site and no works above ground level shall occur until details of existing ground levels and proposed finished ground levels, and their relationship to the adjoining land, and floor levels, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. 

 

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 (but not be limited to) the following details:  

·        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 

·        wheel and underbody washing facilities 

·        Risk assessment of potentially damaging construction activities. 

·        Identification of “biodiversity protection zones”. 

·        Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements) 

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

·        The times during construction when specialist ecologists need to be present on site to oversee works 

·        Responsible persons and lines of communication 

·        The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person 

·        Use of protective fences, exclusion barriers and warning signs 

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 0730 hours and 1800 hours on weekdays; between 0800 hours and 1300 hours on Saturdays and not at any time on Sundays and Public Holidays. 

 

5.               No development above ground level shall commence until details or samples of all external finishing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details and be retained as such in perpetuity. 

 

6.               Prior to the first occupation of any dwelling hereby approved, details of the siting, height, design and materials of the treatment of all boundary treatments including gates, fences, walls, railings and piers shall be submitted to, and approved in writing by, the Local Planning Authority. The approved boundary treatments shall be constructed prior to the first occupation of the dwelling to which it relates, or first use of adjoining land, and be retained as such thereafter for the duration of the development. 

 

7.           A. No development or preliminary groundworks of any kind shall take place until a programme of archaeological investigation has been secured in accordance with a Written Scheme of Investigation (WSI) which has been submitted by the applicant, for approval by the Local Planning Authority.  

B. No development or preliminary groundworks of any kind shall take place until the completion of the programme of archaeological investigation identified in the WSI defined in Part A above, and any subsequent mitigation has been agreed.  

C. The applicant will submit a final archaeological report or (if appropriate) a Post Excavation Assessment report and/or an Updated Project Design for approval by the Local Planning Authority. This shall be submitted within 6 months of the date of completion of the archaeological fieldwork unless otherwise agreed in advance by the Local Planning Authority  

 

8.               No development shall take place, other than that required to carry out necessary investigation which in this case includes demolition, site clearance, removal of underground tanks and old structures, and any construction until an investigation and risk assessment has been submitted to and approved by the local planning authority in writing. The risk assessment shall assess the nature and extent of any contamination on the site whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include:  

(i) a survey of extent, scale and nature of contamination;  

(ii) an assessment of the potential risks to:  

• human health,  

• property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,  

• adjoining land,  

• groundwaters and surface waters  

• ecological systems  

• archaeological sites and ancient monuments;  

(iii) an appraisal of remedial options, and proposal of the preferred option(s). and be completed in accordance with the Environment Agency's ‘Land Contamination Risk Management’ guidance and the Essex Contaminated Land Consortium's 'Technical Guidance for Applicants and Developers'  

 

9.               Where identified as necessary in accordance with the requirements of Condition 8 of this permission, no development shall take place, other than that required to enable or carry out remediation, until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been submitted to and approved by the local planning authority in writing. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. The development hereby permitted shall not commence until the measures set out in the remediation scheme have been implemented. Exceptions may apply where remediation is incorporated as part of the wider development and cannot be completed prior to commencement. Such circumstances shall be highlighted in the remediation scheme submitted for approval. This shall be conducted in accordance with the Essex Contaminated Land Consortium's 'Land Affected by Contamination: Technical Guidance for Applicants and Developers' and the Environment Agency's 'Land Contamination Risk Management' guidance.  

 

10.            The measures set out in the remediation scheme shall be implemented in full. Following completion of measures identified in the remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced and submitted to the local planning authority within 28 days. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. This shall be conducted in accordance with the Essex Contaminated Land Consortium's 'Land Affected by Contamination: Technical Guidance for Applicants and Developers' and the Environment Agency's 'Land Contamination Risk Management' guidance.  

 

11.            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:  

·        Infiltration testing in line with BRE 365. If infiltration is found unviable the run-off rates from the site should be limited to 5.3l/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.  

The mitigation measures shall be fully implemented prior to the first 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. 

 

12.            Surface Water Drainage Maintenance Scheme 

Prior to the first occupation of any dwelling hereby approved, a maintenance plan detailing the maintenance arrangements of the hereby approved surface water drainage system, including who is responsible for different elements of the surface water drainage system and the maintenance activities/frequencies, shall have 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. The development shall be carried out and maintained in accordance with the approved details. 

 

13.            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.  

 

14.            Prior to any works above slab level, a Biodiversity Enhancement Strategy for protected, Priority and threatened species, prepared by a suitably qualified ecologist in line with the recommendations of the Ecology Report (Whittingham Ecology, April 2025), shall be submitted to and approved in writing by the local planning authority.  

The content of the Biodiversity Enhancement Strategy shall include the following:  

·        Purpose and conservation objectives for the proposed enhancement measures;  

·        detailed designs or product descriptions to achieve stated objectives;  

·        locations of proposed enhancement measures by appropriate maps and plans (where relevant);  

·        persons responsible for implementing the enhancement measures; and  

·        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.  

 

15.            Prior to the first occupation of any residential unit hereby permitted, a “lighting design strategy for biodiversity” in accordance with Guidance Note 08/23 (Institute of Lighting Professionals) shall be submitted to and approved in writing by the local planning authority. The strategy shall:  

·        identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and  

·        show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.  

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. 

 

16.            Prior to the first occupation of any dwelling hereby approved, a Waste Management Plan shall be submitted to and approved writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details and be retained as such in perpetuity. 

 

17.            Prior to the first occupation of any dwelling hereby approved, details of cycle parking storage shall be submitted to, and approved in writing by, the Local Planning Authority. The storage shall be in accordance with the cycle parking standards in Maldon’s Vehicle Parking Standards SPD (2018). The approved facilities shall be secure, convenient, covered and shown to be appropriately located in rear gardens. The cycle storage shall be implemented in accordance with the approved details prior to the first occupation of each relevant dwelling hereby approved and retained in accordance for the duration of the development. 

 

18.            Full details of the provision and subsequent retention of both hard and soft landscape works on the site shall be submitted to and approved in writing by the local planning authority prior to any works occurring above ground level at the application site. These details shall include: 

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

b.     Details of the planting scheme implementation programme, including ground protection and preparation, weed clearance, stock sizes, seeding rates, planting methods, mulching, plant protection, staking and/or other support. 

c.      Details of the aftercare and maintenance programme. 

The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the occupation of any part of the development hereby approved unless otherwise 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, 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. 

 

19.            The development hereby approved, including any demolition and construction, shall be undertaken in accordance with the tree retention and protection methodology and mitigation within the submitted ‘Arboricultural Report Rev 1’, dated 20/12/2024 and ‘TREE PROTECTION PLAN Rev 1’, dated 20/12/2024. 

Any required protective fencing and ground protection shall be implemented prior to works and 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. 

 

20.            Prior to the occupation of any residential unit hereby permitted, details of children’s play space equipment specifications, layout and safety features shall be submitted to, and approved in writing by, the Local Planning Authority. The play space equipment shall be implemented prior to the occupation of any residential unit hereby permitted and retained in accordance with the approved details for the lifetime of the development. 

 

21.            Prior to the first occupation of any dwelling within the development hereby approved, the main site access on Steeple Road shall be provided with clear to ground visibility splays as shown in principle on Drawing 2024/8321/001 Rev P4 in the Transport Assessment. The development shall be maintained in accordance with the visibility splays. 

 

22.            Prior to the first occupation of any dwelling within the development hereby approved, the main site access on Steeple Road as shown in principle in Drawing 2024/8321/001 Rev P4 in the Transport Assessment shall be implemented in full, with appropriate bellmouth radii to accommodate refuse vehicles and 2 metre pedestrian footways on either side of the access road. The development shall be maintained in accordance with the details thereafter. 

 

23.            Prior to the first occupation of any dwelling within the development hereby approved, the pedestrian footway across the entire site frontage on Steeple Road shall be widened to a minimum 2 metres with dropped kerbs and tactile paving provided across the Mill Road junction and the main site access. The footway shall be retained for the duration of the development.  

 

24.            Prior to the first occupation of any dwelling within the development hereby approved, the bus stops on Steeple Road to the west of the site shall be upgraded. The westbound stop shall be provided with raised kerbs and the eastbound stop shall be provided with a new flag, pole, timetable display and raised kerb. 

 

25.            Prior to the first occupation of any dwelling within the development hereby approved, 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). 

 

26.            Prior to the first occupation of each dwelling hereby approved, that dwelling shall be constructed with any necessary noise attenuation / mitigation measures to ensure that the following noise criteria are met: 

·        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)  

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

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

Any attenuation / mitigation measures shall be thereafter retained. 

 

27.            The dwelling mix for the development hereby approved shall accord with the mix on the hereby approved plan ’STEEP-SCN-ZZ-04-DR-A-03_301-A3 PL04’ and the ‘Accommodation Schedule ‘1859b.351.PL24’. 

Development Local Plan and the guidance contained in the National Planning Policy Framework. 

 

28.            No dwellings hereby approved shall be occupied until the car parking spaces and turning areas as shown on hereby approved plan ‘1859b_STEEP-SCN-ZZ-04-DR-A-03_301-A3_PL04 - Site Layout Plan’ have been implemented in accordance with the approved plan and made available for use to the relevant dwelling as shown on the approved plan. The car parking hereby approved shall be retained for the use of occupiers or visitors to the residential units in perpetuity.  

 

29.            Prior to the occupation of any dwelling hereby approved, or the implementation of an air source heat pump on the site as part of the hereby approved development, whichever is sooner, details of any air source heat pumps shall be submitted to, and approved in writing by, the Local Planning Authority. The submitted details shall include: 

a) the siting, design and appearance of the equipment; 

b) the manufacturer’s specifications, including noise output levels; 

c) a noise assessment demonstrating compliance with BS 4142:2014 (or any updated equivalent) and confirming that the rating level from the equipment does not exceed background noise levels at the nearest noise sensitive façade; 

d) details of any acoustic enclosures, vibration isolation measures, or other mitigation (if required); and 

e) details of the operation, maintenance and any screening to be provided. 

The air source heat pumps shall thereafter be installed prior to the first occupation of the relevant dwelling, anbd screened and maintained strictly in accordance with the approved details and shall not be operated except in full accordance with the approved specifications for the lifetime of the development. 

 

30.            Removal of Permitted Development Rights Notwithstanding the provisions of Class A, B, C, D, E and F of Part 1 of Schedule 2 and Class A of Part 2 Schedule 2 of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking or re-enacting that Order) no garages, extensions, separate buildings, gates, walls, fencing or hardstanding shall be erected within the site without planning permission having been obtained from the Local Planning Authority. 

 

31.            All mitigation measures and/or works shall be carried out in accordance with the details contained in the Ecology Report (Whittingham Ecology, April 2025), Badger report (Whittingham Ecology, February 2025) and Reptile survey (Whittingham Ecology, July 2025) as already submitted with the planning application and agreed in principle with the local planning authority prior to determination.  

This will 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.