Agenda item

Prior to further debate the Chairperson reminded Members of the proposal to refuse this application made by Councillor U G C Siddall-Norman. At this point, and in response to a question from the Chairperson Councillor Siddall-Norman advised that they withdraw their proposal.

 

Having supported the proposal by Councillor Siddall-Norman, Councillor E L Stephens advised she did not support its withdrawal. At this point further advice was provided by the Officer in respect of reasons for refusal and how weight would need to be attached to the harms or benefits in order to tilt the planning balance. Councillor Stephens then proposed that the application be refused, however this proposal was not seconded.

 

Then Councillor T Fittock proposed that the application be approved in line with Officers recommendation subject to the amendments to conditions as per the officer's verbal update, and an amendment to the recommendation to require refusal of the application if the s106 legal agreement was not signed within three months from the committee date. This was duly seconded and upon a vote being taken, agreed.

 

RESOLVED

 

(i)               that this application be APPROVED subject to the applicant entering into a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the planning obligations set out below and subject to the conditions below, amended as per the officer's verbal update regarding bus stop improvements.

 

(ii)           that should the Section 106 legal agreement not be completed within three months of the date of this District Planning Committee then the application be REFUSED under delegated powers, subject to the referral of the case to the Secretary of State for a period of at least 21 days, who may opt to call-in the decision as per the Town and Country Planning (Consultation) (England) Direction 2026.

 

SECTION 106 PLANNING OBLIGATIONS

Affordable Housing Scheme, including:

Provision of at least 40 per cent affordable housing

Tenure split of at least 80 per cent affordable rent, 20 per cent intermediate within this provision

Provision of at least 75 per cent social rent within the affordable rent portion.

A tenure layout plan, demonstrating acceptable clustering of affordable units and details of tenure type and unit size.

·                 Allotment management procedure

·                 Annual Travel Plan monitoring fee of £1,817 (index linked to April 2025) from first occupation until one year after final occupation

·                 Bus service improvements (from Tollesbury and Tiptree to Witham) financial contribution of £600,000

·                 Education contributions including:

Early years childcare financial contribution of £368,100, index linked to Q1

2025

Primary education financial contribution of £1,227,000, index linked to Q1 2025

Secondary school transport contribution of £237,880, index linked to Q2 2021

Libraries financial contribution of £15,560, index linked to April 2020

A £700 monitoring fee per obligation (£2,800 total)

·                 Employment and Skills Plan

·                 Essex Coat RAMS contribution of £175.55 per dwelling (up to £35,110 total) and implementation of mitigation measures including:

o   3ha SANG/1000 new population

o   A breakdown of the areas that are proposed to contribute to high quality semi-natural accessible greenspace, i.e. showing the location, design and hectarage (note that SuDS can contribute to greenspace). These areas should have sufficient visual and noise screening.

o   Circular dog walking routes of at least 2.3 km within the site and/or linking to surrounding Public Rights of Way (PRoW) and highway network.

o   ‘Dogs-off-lead’ areas; dog waste bins.

o   Signage on-site and information leaflets to first occupiers to promote these areas for recreation.

o   The long-term maintenance and management of these provisions secured in-perpetuity.

·                 Financial contribution of £10,000 for the replacement and implementation of a new footbridge to the southeast of the site for Public Footpath No. 8

·                 Management Company details

·                 NHS healthcare Primary Care Network infrastructure contribution of £150,500

 

CONDITIONS:

1                 Outstanding Reserved Matters

The development shall be carried out in accordance with plans and particulars relating to the layout, scale, appearance, and the landscaping 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. [GB1] 

 

2                 Reserved Matters Time Limit

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                 Outline Permission Commencement Time Limit

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                 Approved Plans and Parameter Plans

The reserved matters submitted pursuant to Condition 1 of this permission shall be submitted in accordance with the details set out in the following approved plans:

 

Site Location Plan LP-01 Rev B

Access and Movement Parameter Plan AMPP-01 Rev P3

Building Density Parameter Plan BDPP-01 Rev P3

Building Heights Parameter Plan BHPP-01 Rev P4

Green and Blue Infrastructure Parameter Plan GBIPP-01 Rev P2

Land Use Parameter Plan LUPP-01 Rev P5

 

5                 Housing Unit Size Mix

The housing unit size mix for the market and affordable residential units within the development hereby approved shall be agreed as part of the reserved matters application(s) and shall accord with the housing mix requirements set out within the Maldon District Local Housing Needs Assessment (2025) or any subsequent updated Local Housing Needs Assessment.

 

6                 Soft and Hard Landscaping Scheme

Full details of the onsite provision and subsequent retention of both hard and soft landscape works shall be submitted concurrently with the reserved matters submitted pursuant to Condition 1 of this permission. 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.

 

7                 Site Levels

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.

 

8                 Construction Environmental Management Plan

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:

·                 safe access to the site

·                 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

·                 Construction Dust Management Plan

·                 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) including impacts from noise or vibration

·                 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;

 

9                 Site Access

Prior to first occupation of the development, the access arrangements and off-site highway works, as shown in principle on Motion drawings nos ‘2109082-03 Rev B’ and ‘2109082-04 Rev B’, shall be fully implemented and retained as such for the life of the development. All details are to be agreed with the Highway Authority and to include, but not be limited to, the following:

·                 Provision of clear to ground visibility splays of 2.4m x 132m to the west and 2.4m x 142m to the east of the proposed access;

·                 A bellmouth access with minimum radii of 6m with a 3m shared use pedestrian / cycleway on the eastern side;

·                 Provision of a 3m shared use pedestrian / cycleway running from the site eastwards along the southern side of West Street to a point adjacent to no 39 West Street, with appropriate signing, lining and tactile paving;

·                 Provision of a 2m wide footway together with appropriate dropped kerbs and

·                 tactile paving on the northern side of West Street; • Provision of a pair of dropped kerb crossing points and tactile paving across West Street to the new 2m footway mentioned above;

·                 Extend the 30mph speed limit to the west of the site entrance and provide a new gateway feature with appropriate signing and lining as necessary.

 

10              Bus Stop Improvements

Prior to the first occupation of any dwelling within the development hereby approved, details of bus stop improvements shall be submitted to, and approved in writing by, the Local Planning Authority,, to ECC specification, to include the following:

·                 Provision of raised kerbs, pole and flag with timetable on the northern side of West Street, for eastbound buses, with appropriate footway and hardstanding as necessary

·                 Provision of a shelter, raised kerbs, pole and flag with timetable on the southern side of West Street, for westbound buses, with appropriate footway and hardstanding as necessary

·                 Provision of a freestanding Real Time Passenger Information sign at ‘The Square’ bus stop, on the southern side of the High Street

 

The developer shall implement the approved bus stop improvements prior to the first occupation of any dwelling hereby permitted

 

11              Public Footpath Works

Prior to the commencement of the development hereby approved, a scheme for the diversion and upgrading of Public Footpath no 8 (Tollesbury parish) within the application site shall be submitted to and approved in writing by the Local Planning Authority. The scheme of works shall be implemented in accordance with the approved details, prior to the first occupation of any residential dwelling hereby permitted.

 

12              Travel Plan

Prior to the first occupation of the proposed development, the Developer shall submit an updated residential Travel Plan to the Local Planning Authority for approval in consultation with Essex County Council. The approved Travel Plan shall then be actively implemented for a minimum period from the first occupation of the development until 1 year after final occupation.

 

13              Residential Travel Packs

Prior to first occupation of the development, 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.

 

14              External Materials

The reserved matters for the approval of layout and appearance shall include details of all proposed external finishing materials to be used in the development. 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.

 

15              Boundary Treatment

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.

 

16              Surface Water Drainage Scheme

No works except demolition shall take place until a detailed Surface Water Drainage Scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to, and approved in writing by, the Local Planning Authority. The scheme should include but not be

limited to:

·                 Verification of the suitability of infiltration of surface water for the development. This should be based on infiltration tests that have been undertaken in accordance with BRE 365 testing procedure and the infiltration testing methods found in chapter 25.3 of The CIRIA SuDS Manual C753.

·                 Limiting discharge rates to 9.3l/s for all storm events up to and including the 1 in 100 year rate plus 45% allowance for climate change. All relevant permissions to discharge from the site into any outfall should be demonstrated.

·                 Provide sufficient storage to ensure no off site flooding as a result of the development during all storm events up to and including the 1 in 100 year plus 45% climate change event.

·                 Demonstrate that all storage features can half empty within 24 hours for the 1 in 30 plus 45% climate change critical storm event, OR, if impracticable,

·                 Demonstrate that features are able to accommodate a 1 in 10 year storm events within 24 hours of a 1 in 30 year event plus climate change

·                 Provision of 10% urban creep allowance applied to the impermeable areas used to calculate the required storage, in accordance with BS8582

·                 Final modelling and calculations for all areas of the drainage system.

·                 The appropriate level of treatment for all runoff leaving the site, in line with the Simple Index Approach in chapter 26 of the CIRIA SuDS Manual C753.

·                 Detailed engineering drawings of each component of the drainage scheme.

·                 A final drainage plan which details exceedance and conveyance routes, FFL and ground levels, and location and sizing of any drainage features.

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

 

The scheme shall subsequently be implemented prior to the first occupation of any dwelling hereby permitted. It should be noted that all outline applications are subject to the most up to date design criteria held by the LLFA.

 

17              Offsite Flooding

No works shall take place until a scheme to minimise the risk of offsite flooding caused by surface water run-off and groundwater during construction works and prevent pollution has been submitted to, and approved in writing by, the Local Planning Authority. The development shall be implemented in accordance with the approved scheme, with any prevention or mitigation measures in place at all times as required.

 

18              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.

 

19              Surface Water Drainage Maintenance Logs

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.

 

20              Tree Retention and Protection

Prior to the commencement of any development hereby permitted, details shall be submitted to, 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:

·                 Tree survey detailing works required

·                 Trees to be retained

·                 Tree retention protection plan

·                 Tree constraints plan

·                 Arboricultural implication assessment

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

 

The tree protection measures shall be carried out in accordance with the approved details and any protective fencing and ground protection shall be implemented prior to the commencement of construction 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.

 

21              Hedges and Shrubs Retention and Protection

Prior to the commencement of any development hereby permitted, details relating to fencing/ground protection to protect the hedges/shrubs to be retained in accordance with BS5837:2012 shall be submitted to, and approved in writing by, the Local Planning Authority.

 

The protective fencing shall be erected in accordance with the approved details 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 and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Within the fenced protection zone nothing shall be stored or placed, no fires lit, no vehicle shall gain access, ground levels shall not be altered, no excavation shall be made and no structure shall be erected. If within five years from the completion of the development a retained shrub or hedge is removed, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, a replacement shrub or hedge 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.

 

22              Archaeology Phased Programme of Archaeological Investigation

(1) No development or preliminary groundworks of any kind shall take place until a programme of archaeological investigation, including aerial photographic rectification, geophysical survey and archaeological trial trenching 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.

 

(2) No development or preliminary groundworks of any kind shall take place until the completion of the programme of archaeological evaluation identified in the WSI defined in Part 1 and confirmed by the archaeological advisors to the Local Planning Authority.

 

(3) No development or preliminary groundworks of any kind shall take place until the submission of a mitigation WSI detailing the excavation/ preservation strategy for approval by the Local Planning Authority.

 

(4) No development or preliminary groundworks can commence on those areas containing archaeological deposits until the satisfactory completion of fieldwork, as detailed in the mitigation WSI, and approved by the Archaeological Advisors to the Local Planning Authority.

 

(5) The applicant will submit a Post Excavation Assessment and/or Updated Project Design for approval by the Local Planning Authority. This shall be done within 6 months of the date of completion of the archaeological fieldwork unless otherwise agreed in advance in writing by the Local Planning Authority. This will result in the completion of post excavation analysis, preparation of a full site archive and report ready for deposition at the local museum, and submission of a publication report.

 

23              Acoustic Design Statement

An Acoustic Design Statement shall be submitted to the Local Planning Authority concurrently with the reserved matters submitted pursuant to Condition 1 of this permission. The statement shall demonstrate that acceptable internal and external noise environments will be achieved for future occupiers, having regard to road traffic noise and other relevant noise sources. The statement shall include details of layout, façade design, glazing and ventilation. No development shall commence until the Acoustic Design Statement has been approved in writing by the Local Planning Authority. The development shall be carried out in accordance with all recommendations of the approved Acoustic Design Statement, which shall be implemented prior to the occupation of the relevant dwelling they relate to, and be permanently retained thereafter.

 

24              Phase 2 Contaminated Land Investigation

No development shall commence until a Phase 2 intrusive site investigation and risk assessment has been submitted to and approved in writing by the Local Planning Authority. The investigation shall assess the nature and extent of contamination and ground gas risks and include appropriate recommendations.

 

25              Remediation Strategy

Where contamination is identified, no development shall take place until a remediation strategy has been submitted to and approved in writing by the Local Planning Authority and implemented in full.

 

26              Verification Report

Prior to the first occupation of any dwelling hereby approved, a verification report shall be submitted to and approved in writing by the Local Planning Authority, confirming that any approved remediation works have been satisfactorily completed.

 

27              Site Waste Management Plan (SWMP)

No development (including demolition, site clearance or groundworks) shall commence until a Site Waste Management Plan (SWMP) has been submitted to, and approved in writing by, the Local Planning Authority. The submitted SWMP shall include, but not be limited to the following details:

·                 a site-wide approach to address the key issues associated with sustainable management of waste, throughout the stages of site clearance, design, construction and operation

·                 strategic forecasts in relation to expected waste arisings for construction,

·                 waste reduction/recycling/diversion targets, and monitor against these

·                 advise on how materials are to be managed efficiently and disposed of legally during the construction phase of development, including their segregation and the identification of available capacity across an appropriate study area

 

The development hereby approved shall be implemented in accordance with the approved SWMP.

 

28              Construction Groundwater Sourcing

Prior to the commencement of the development hereby approved, details of the source of water for construction purposes have been submitted to, and approved in writing by, the Local Planning Authority. The submitted details shall include:

·                 All proposed sources for water supply for construction activities

·                 Details of any temporary connections to the public water network or alternative sources such as deliveries or onsite abstraction

·                 Mitigation measures to minimise the use of water and prevent adverse impacts on the public network

 

The approved details shall be implemented and complied with for the duration of the construction phase.

 

29              Public Open Space Provision

A scheme for the proposed area of public open space shall be submitted to the Local Planning Authority concurrently with the reserved matters submitted pursuant to Condition 1 of this permission. The details shall be broadly in accordance with the Landscape Illustrative Masterplan ‘8158.ASP4.ILSP’. The development shall be carried out only in accordance with the approved details.

 

30              Public Open Space Management

Prior to the first occupation of any residential unit hereby permitted, details of the future management, maintenance schedules and funding provision of the public open space and associated landscaping (this could include surface water management provision) shall be submitted to and approved in writing by the Local Planning Authority. The site shall then be managed, maintained and funded in accordance with these details at all times thereafter.

 

31              Children’s Play Equipment

Prior to the first 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.

 

32              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.

 

33              Sustainability and Renewable Energy

The reserved matters for the approval of layout and appearance shall include details of energy efficient and renewable energy installations for each dwelling. The energy efficient and renewable energy installations as approved shall be provided prior to the first occupation of each dwelling they serve and shall be permanently maintained and retained at all times thereafter.

 

34              Waste Management Plan

A Waste Management Plan shall be submitted to the Local Planning Authority concurrently with the reserved matters submitted pursuant to Condition 1 of this permission. The Waste Management Plan shall provide details including the number, size, location, design and materials of bin and recycling stores to serve the development, together with details of the means of access to bin and recycling stores for residents and refuse operatives, including collection points and bin drag distances if necessary. No development shall commence until the Waste Management Plan has been approved in writing by the Local Planning Authority. The bin and recycling stores as approved shall be provided in accordance with the approved details prior to the first occupation of each dwelling and permanently retained at all times thereafter.

 

35              Biodiversity Enhancement Strategy

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:

·                 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.

 

36              Habitat Management and Monitoring Plan (HMMP)

Prior to first operation of the development, a Habitat Management and Monitoring Plan (HMMP) for significant on-site enhancements, prepared in accordance with the approved Biodiversity Gain Plan shall be submitted to and approved in writing by the local authority, this shall include:

·                 the roles and responsibilities of the people or organisation(s) delivering the HMMP;

·                 the planned habitat creation and enhancement works to create or improve habitat to achieve the on-site significant enhancements in accordance with the approved Biodiversity Gain Plan;

·                 the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development;

·                 the monitoring methodology in respect of the created or enhanced habitat to be submitted to the local planning authority; and

·                 details of the content of monitoring reports to be submitted to the LPA including details of adaptive management which will be undertaken to ensure the aims and objectives of the Biodiversity Gain Plan are achieved.

 

Notice in writing shall be given to the Council when the:

·                 initial enhancements, as set in the HMMP, have been implemented; and

·                 habitat creation and enhancement works, as set out in the HMMP, have been completed after 30 years.

 

The created and/or enhanced habitat specified in the approved HMMP shall be managed and maintained in accordance with the approved HMMP. Unless otherwise agreed in writing, monitoring reports shall be submitted in years 1, 2, 5, 10, 15, 20, 25, and 30 to the Council, in accordance with the methodology specified in the approved HMMP.

 

37              Materials Management Plan

Prior to the commencement of any development hereby approved, including any site clearance or preparation, a Materials Management Plan shall be submitted to, and approved in writing by, the Local Planning Authority. The Plan shall include, but not be limited to, the following details:

·                 Details of the quantity and location of sand and gravel to be excavated as part of the development hereby approved

·                 An assessment of the onsite construction uses and quantities of the materials

·                 Confirmation of how the identified materials will be processed, stored and re-located within the development

 

The development hereby approved shall thereafter be carried out in accordance with the approved Materials Management Plan.

 

38              Updated Badger Survey

Prior to the commencement of the development hereby permitted, an updated badger survey shall be undertaken to identify any new or active badger setts within the site. The survey results and any required mitigation measures shall be submitted to and approved in writing by the Local Planning Authority.

 

If any changes in badger activity are detected or where the survey results indicate that changes have occurred that will result in badger-related ecological impacts not previously addressed in the approved scheme, the original approved ecological measures will be revised and new or amended measures, and a timetable for their implementation, will be submitted to and approved in writing by the local planning authority prior to the commencement of the development.

 

Works will then be carried out in accordance with the proposed new approved ecological measures and timetable.”

 

39              Skylark Mitigation Strategy

Prior to the commencement of development hereby permitted, a Skylark Mitigation Strategy shall be submitted to, and approved in writing by, the Local Planning Authority. The Strategy shall including, but not be limited to:

·                 An assessment of existing Skylark territories and the impact/loss as a result of the development

·                 Details of all onsite/offsite mitigation measures to compensate for the loss

·                 Details of long-term management of the mitigation areas/features and a timetable for implementation

 

The approved mitigation measures, including any habitat creation, shall be implemented in accordance with the approved timetable for implementation and retained as such for the duration of the development.

 

40              Great Crested Newt License

No works that would affect the breeding / resting place of Great Crested Newts shall commence until the local planning authority has been provided with: (a) a licence issued by Natural England pursuant to Regulation 55 of the Conservation of Habitats and Species Regulations 2017 (as amended) authorising the specified activity/ development to go ahead; or (b) evidence of site registration supplied by an individual registered to use a Great Crested Newt Low Impact Class Licence; or (c) a Great Crested Newt District Level Licence issued by Natural England pursuant to Regulation 55 of The Conservation of Habitats and Species Regulations 2017 (as amended) authorising the specified activity/ development to go ahead; or (d) a statement in writing from Natural England to the effect that it does not consider that the specified activity/development will require a licence.

 

41              Wildlife Sensitive Lighting Scheme

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.