Agenda item

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

Application Number	24/00813/FUL
Location	Maltings Storage Shed Station Road Burnham-On-Crouch
Proposal	Demolition of existing dilapidated Maltings Storage Sheds. Erection of Boat Storage Shed and 7no. two and three bedroom residential dwellings with rooftop solar photovoltaic panels, associated parking, amenity space and landscaping.
Applicant	R J Prior And Son (Burnham) Ltd
Agent	Kieron Lilley Smart Planning Ltd
Target Decision Date	29.05.2026 (Time Extension Agreed but an updated one has been requested)
Case Officer	Chris Purvis
Parish	Burnham on Crouch Town Council
Reason for Referral to the Committee / Council	Under Part 3 Terms of Reference – Area Planning Committee Part 1 (A) 4, which states: Where proposals which, in the opinion of the Director of Place, Planning and Growth in consultation with the Chairperson of the appropriate Area Committee or the Chairperson of the District Planning Committee are of significant public interest, would have a significant impact on the environment, or should otherwise be referred to Members.

 

It was noted from the Members’ Update that one additional letter of objection had been received and the points raised were summarised in section 7.5.1 of the report.

 

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

 

In response to a request for clarity regarding the reason this application had been referred to this Committee, the Development Management Team Leader advised that in accordance with the Council’s Constitution this had been brought forward because in the opinion of the Director of Place, Planning and Growth in consultation with the Chairperson of this Committee as it was considered that the scheme should be referred to Members.

 

At this point Councillor A S Fluker excused himself from the meeting, left the chamber and did not return.

 

During the lengthy debate that ensued some Members raised concerns regarding the proposed development and in response to a number of questions Officers provided additional information including:

 

·                The boat storage area had been included to address concerns raised by a Planning Inspector from a previous appeal decision.

 

·                The proposed parking met the Council’s parking standards.

 

·                Although the development did not meet the Supplementary Planning Document requirements in terms of private amenity space (rear gardens), balconies and a communal space were proposed, and the properties were on a riverside location where is it more a tight knit area in terms of the existing surrounding built environment. The Officers’ recommendation was based on planning balance and the need for housing weighed in favour of the proposal. At this point Members were reminded of a related appeal decision which had regard to the size of the amenity space but took into context the location of the site being in a sustainable area and how that particular scheme was balanced being that it was providing housing.

 

·                Whilst Policy H3 of the District Local Plan referred to specialist housing needs Members were advised that the Disability Discrimination Act was mainly covered by building regulations.

 

Councillor A Fittock then proposed that the application be approved, in accordance with Officers’ recommendations. This was duly seconded and upon a vote being taken was agreed.

 

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

 

Time Limit

1.         The development hereby permitted shall begin no later than three years from the date of this decision.

2.         The development hereby permitted shall be carried out in complete accordance with the approved drawings specifically referenced on this decision notice.

 

Materials

3.         No development shall commence until written details or 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.

 

Boundary Treatments

4.         No development shall take place until details of the siting, height, design and materials of the treatment of all boundaries including gates, fences, walls, railings and piers have been submitted to and approved in writing by the Local Planning Authority. The screening as approved shall be completed prior to the first use/occupation of the development and shall be retained and maintained as such thereafter.

 

Landscaping

5.         No development shall take place until full details of both hard and soft landscape works to be carried out have been submitted to and approved in writing by the Local Planning Authority. These details shall include the layout of the hard landscaped areas with the materials and finishes to be used and details of the soft landscape works including schedules of shrubs and trees to be planted, noting the species, stock size, proposed numbers/densities and details of the planting scheme’s implementation, aftercare and maintenance programme. The hard landscape works shall be carried out as approved prior to first 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, 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.

 

Vehicle Parking

6.         The development hereby permitted shall not be first occupied until such time as the vehicle parking area shown on the approved plans, including any parking spaces for the mobility impaired, has been hard surfaced, sealed and marked out as shown on the approved plans/in parking bays. The vehicle parking area(s) shall be retained in this form at all times thereafter and shall only be used by users and visitors to the site. The vehicle parking area(s) shall not be used for any purpose other than the parking of vehicles that are related to the use of the approved development.

 

Cycle Parking

7.         Prior to the occupation of the development hereby permitted details of the proposed cycle parking for the site shall be provided in accordance with Maldon District Council’s Parking Standards and details shall be submitted to and approved in writing by the Local Planning Authority. The cycle parking shall be secure, conveniently located and covered. The approved cycle parking shall be maintained and retained at all times thereafter.

 

Residential Travel Information Pack

8.         Prior to the occupation of the development hereby permitted, 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. These packs (including tickets) are to be provided by the Developer to each dwelling free of charge upon first occupation of that dwelling.

 

Flood Mitigation Requirements

9.         The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) and the following mitigation measures detailed within the FRA:

·                Limiting the discharge from the site to 1l/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 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.

 

Surface Water Maintenance and Management Plan

10.       Prior to the occupation of the development hereby permitted 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 shall be submitted to and approved, 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 maintenance arrangements shall be undertaken in accordance with the details as approved at all times thereafter.

 

Yearly logs

11.       The applicant or any successor in title must maintain yearly logs of maintenance which shall be carried out in accordance with any approved Maintenance Plan. These must be available for inspection upon a written request by the Local Planning Authority.

 

Flood Warning and Evacuation Plan

12.       Prior to the occupation of the development hereby permitted the requirements of the Flood Warning and Evacuation Plan (FWEP) dated January 2025 which forms part of this planning permission shall be implemented, shall be made available for inspection by all users of the site and shall be displayed in a visible location all times thereafter.

 

Contamination Mitigation

13.       Notwithstanding the details submitted with this application, no development shall commence, other than that required to carry out additional 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 in writing by the Local Planning Authority. The report of the findings must include:

 

(i)             A preliminary risk assessment to include historical information of how each part of the site has been used in the past;

(ii)            A survey of the extent, scale and nature of contamination;

(iii)       An assessment of the potential risks to:

a)      Human health,

b)      Property (existing or proposed) including buildings, crops, livestock, etc., woodland and service lines and pipes,

c)       Adjoining land,

d)      Groundwaters and surface waters,

e)      Ecological systems

f)       Archaeological sites and ancient monuments;

iv)      An appraisal of remedial options, and proposal of the preferred option(s). This shall include timescales and phasing of remediation works.

 

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.

 

Contamination Remediation Requirements

14.       Where identified as necessary in accordance with the requirements of condition 13, 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.

 

Contamination Verification Report

15.       The measures set out in the approved remediation scheme shall be implemented in full and 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 or completion of the remediation scheme. 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.

 

Archaeology Assessment

16.       No development including any site clearance or groundworks of any kind shall take place within the site until the applicant or their agents; the owner of the site or successors in title has submitted an archaeological assessment by an accredited archaeological consultant to establish the archaeological significance of the site. Such archaeological assessment shall be approved by the Local Planning Authority and will inform the implementation of a programme of archaeological work. The development shall be carried out in a manner that accommodates such approved programme of archaeological work.

 

Archaeology Programme of Works

17.       No development including any site clearance or groundworks of any kind shall take place within the site until the applicant or their agents; the owner of the site or successors in title has secured the implementation of a programme of archaeological work from an accredited archaeological contractor in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in a manner that accommodates the approved programme of archaeological work.

 

Boat Storage

18.       The boat storage shed shall only be used for the storage of boats and shall not be used for any repair or maintenance work to the boats stored in the shed nor boats place outside of the shed.

 

Boat Storage Management

19.       Prior to the first occupation of the development details of how the boat storage shed would be managed and maintained shall be submitted to and approved in writing by the Local Planning Authority. The boat storage shed shall thereafter only be used in accordance with the management and maintenance arrangements as approved.

 

Solar / Photovoltaic Panels

20.       No development shall commence until details of the solar/photovoltaic panels to be placed on the roof of the dwellings have been submitted to and approved in writing by the Local Planning Authority. The solar/photovoltaic shall be of a design that is flush as possible with the roofslope. The solar/photovoltaic shall only be installed as approved and shall be retained in working order at all times thereafter.

 

Communal Garden

21.       The communal garden amenity areas as shown upon the approved plan drawings shall be implemented, laid out and available for use as amenity space for the occupants of the dwellings hereby permitted prior to the first occupation of the development and shall thereafter be maintained and retained for such purposes at all times thereafter.

 

Removal of Permitted Development Rights

22.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), or any Order revoking or re-enacting that Order with or without modification, no development falling within Schedule 2, Part 1 or Part 2 of the Order shall be carried out to the dwellinghouse or within its curtilage unless planning permission has first been obtained from the Local Planning Authority.