Agenda item

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

Application Number	26/00018/FULM
Location	Land West of Edmond Street and Newman Drive and Benson Close, Burnham-on-Crouch, Essex
Proposal	Hybrid planning application for a residential-led development comprising full planning permission for the construction of 170 dwellings (including market and affordable homes) (Use Class C3), vehicular access points, public open space, sustainable urban drainage systems (SuDS), and associated infrastructure; and outline planning permission (with all matters reserved, apart from access) for the construction of up to 190 dwellings (Use Class C3), public open space, and associated infrastructure; and retention of the employment land within Use Classes E(g), B2, and B8.
Applicant	BDW Trading Limited and Burwest LLP
Agent	Miss Guoda Vaitkeviciute – Lanpro
Target Decision Date	4 September 2026 (with EoT agreed to 14 December 2026 to allow for S106 completion in the event of resolution to grant permission)
Case Officer	Matt Bailey
Parish	Burnham-on-Crouch North
Reason for Referral to the Committee / Council	Major Application

 

An Addendum to the report was circulated prior to the meeting and contained the following information received and clarifications following publication of the Officers’ report:

·                a further consultation response from Essex County Council (ECC) Highways advising that the scheme was acceptable from a highway and transportation perspective subject to a number of conditions;

·                an updated consultation response from Anglian Water confirming that the scheme was acceptable subject to conditions;

·                two further letters of objection had been received;

·                clarification to paragraph 5.9.2 and section 5.17;

·                amendment to the Section 106 Heads of Terms (paragraph 8.1) to include the ECC Highways consultation response and provide further clarification;

·                amendment to condition 11;

·                information relating to correspondence received from Burnham-on-Crouch Town Council in relation to the employment allocation and subsequent discussions with the applicant;

·                amendment to recommendation (i), taking into account the resolved Highways consultation response and providing further clarification of the associated obligations relating to ECC Highways and Network Rail.

 

Following the Officers’ presentation, an objector, Ms Chant, and the applicant, Mr Houghton, addressed the Committee.

 

In response to comments made regarding highway safety, Members were informed that a detailed Construction Environmental Management Plan (CEMP) had been submitted and would provide a considerable amount of protection in terms of residential amenity and highway safety. In addition, ECC Highways had examined the traffic movements and proposed junction, and was satisfied that the movements, in combination with the proposed mitigation, would be acceptable.

 

Councillor A S Fluker proposed that the revised recommendations as set out in the Addendum be agreed, subject to highway works at Kitts Hill / B1012 being completed prior to the first occupation of any properties. He explained that leaving the junction works until after the houses were occupied would make the existing situation worse. This proposal was duly seconded.

 

A lengthy debate ensued, and in response to comments raised by Members, Officers provided additional information and clarification, which included:

 

·                Should the proposed diversion of the railway crossing not be possible, Officers would propose that a contribution be sought. The benefit to pedestrian safety of either option was noted by Members.

 

·                The housing mix condition would apply to the whole of the scheme and reference to the whole scheme could be added to the resolution.

 

·                In respect of the proposed highway work, a two-phase approach was being proposed, with works to Church Road and a pedestrian crossing being completed prior to the occupation of Phase 1 and the works to Kitts Hill prior to the occupation of Phase 2. The Officer highlighted that, in relation to Kitts Hill, there were other associated technical issues which might have explained why the additional time was required. In response to further questions, the Director of Place, Planning and Growth provided further explanation and noted that the applicant was seeking to bring the works forward as quickly as possible, but collaboration with ECC was required in terms of delivery. It was noted that the proposed changes to Kitts Hill would benefit the wider area as well as the development.

 

·                The inclusion of an area designated as a safe space within the development was highlighted, with reference made to the ‘Safe Space for Girls’ scheme, which had been highlighted by the Police and was considered as part of the Home Office Violence Against Women and Girls agenda. It was questioned whether such a space could be secured by condition. In response, Officers suggested that the condition could be worded to ensure that it provided a fully inclusive and safe space, with no one feeling excluded.

 

The Chairperson then put the proposal in the name of Councillor Fluker to approve the application in accordance with the recommendation set out in the Addendum. Upon a vote being taken, this was duly agreed.

 

RESOLVED

 

(i)             that this application be APPROVED and authority delegated to the Director of Place, Planning and Growth to grant planning permission subject to:

 

a)             the Director of Place, Planning and Growth being satisfied (in consultation with the Chairperson of the District Planning Committee and Ward Members) that the proposals were acceptable following receipt of final consultee responses from Place Services Ecology and Active Travel England, and agreement of the railway crossing contribution;

 

b)             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. This may include any additions, amendments or delegations agreed by the Director of Place, Planning and Growth where necessary to ensure the development was acceptable and satisfied the Community Infrastructure Levy (CIL) Regulations, following discussions with the Highways Authority and Network Rail; and

 

c)              subject to the planning conditions detailed below, with amendment to the housing mix condition to specify that it related to the entire site.

 

Section 106 Heads of Terms:

 

Item	Provision / Purpose
Affordable housing	40% on-site provision: 68 of 170 full-phase homes and up to 144 across 360 homes; overall mix to have regard to TAN and Local Housing Needs Assessment (overall scheme wide); social-rent, standards, transfer, nomination, clustering and occupation controls.
Early years and childcare	£836,814, indexed from Q1 2025, subject to the final mix and ECC formula.
Primary education	£2,092,035, indexed from Q1 2025, subject to the final mix and ECC formula.
Healthcare	Awaiting confirmation from NHS – anticipated £252,400 (to be confirmed during S106 drafting)
SEND	£665,374, indexed from Q1 2025, subject to the final mix and ECC formula.
Essex Coast RAMS / HRA	Current per-dwelling RAMS tariff plus the on-site greenspace, Riverside Park loop, information/signage, dog facilities and long-term management relied upon in the Appropriate Assessment.
Highways	The applicant shall be required to enter into a Section 278 under the Highways Act for works and/or proportionate contributions for the agreed junction works, zebra crossing. PRoW route 3 improvements and Travel Plan package. Bus Service Improvements £925,000 (to be confirmed subject to CIL compliance)
Railway crossing improvements	Miniature stop light design, installation, operation, renewal and maintenance package at Creeksea Place crossing. Contribution of £325,500 (to be confirmed during S106 drafting subject to CIL compliance)
Open space, play and landscape	Provision, public access, transfer/management, early structural planting, greenway, play, SuDS amenity and HRA landscape features across both phases.
Biodiversity net gain / ecology	Legal security for significant on-site habitats or off-site units not adequately secured by condition/conservation covenant; 30-year HMMP and monitoring.
Employment and skills	Construction Employment and Skills Plan with agreed targets, reporting and monitoring.
Monitoring	Maldon and ECC Monitoring fees

 

Conditions Applying to the Full Permission Phase (170 Dwellings)

1          Time Limit (Phase 1)

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

 

2.         Compliance with Plans (Phase 1)

The Full Planning Permission Phase 1 hereby permitted shall be carried out in accordance with the approved Phase 1 plans as shown on the decision notice.

 

3.         Hard and Soft Landscaping (Phase 1)

All hard and soft landscape works for Phase 1 shall be carried out in accordance with the approved landscape drawings as shown on the decision notice. Soft landscape works shall be completed in the first planting season following occupation of the relevant dwelling or completion of the relevant part, whichever occurs first. Hard landscape, play, greenway and public-open-space works shall be completed before the occupation threshold approved for them. Any tree, hedge, shrub or grass area which within five years of planting is removed, dies, becomes seriously damaged or diseased or fails to establish shall be replaced in the next planting season with a specimen of the same species and size unless an alternative is approved in writing by the Local Planning Authority.

 

4.         Refuse and Recycling Storage

Refuse and recycling storage, collection points and vehicle access for Phase 1 shall be completed before occupation of the relevant dwelling in accordance with the approved Refuse Plan and shall thereafter be maintained, retained and kept available for use. No collection point shall obstruct a footway, cycleway or visibility splay.

 

5.         Flood Risk Compliance (Phase 1)

All works within Phase 1 shall be carried out in accordance with the approved Flood Risk Assessment and Drainage Strategy Report by TPA reference 2507-022/FRA/01A dated December 2025, as updated by Technical Note 2507-022/TN/02. The mitigation measures as identified in the Flood Risk Assessment and Drainage Strategy Report shall be fully implemented before occupation and thereafter in accordance with the timing and phasing arrangements embodied within the approved scheme, or within any other period subsequently approved in writing by the Local Planning Authority.

 

Conditions Applying to the Outline Permission Phase 2 (Up to 190 Dwellings)

 

6.         Reserved Matters (Phase 2)

No development shall commence within the Outline Permission Phase until details of the layout, scale, appearance and landscaping of the relevant phase or sub-phase (the Reserved Matters) have been submitted to and approved in writing by the Local Planning Authority. Development shall thereafter be carried out in accordance with the approved Reserved Matters.

 

7.         Time Limit (Phase 2)

Applications for approval of the Reserved Matters for the Outline Permission Phase shall be made no later than three years from the date of this permission. Development of each phase or sub-phase shall begin no later than two years from the date of approval of the last Reserved Matter for that phase or sub-phase.

 

8.         Compliance with Plans (Phase 2)

The Outline Permission Phase 2 hereby permitted shall provide no more than 190 dwellings and shall be carried out in accordance with the approved Phase 2 plans as shown on the decision notice and associated plans approved as part of the Reserved Matters and associated planning conditions. 

 

9.         Surface Water Drainage (Phase 2)

Prior to or concurrently with the Reserved Matters submission for Phase 2 a detailed surface-water drainage scheme shall be submitted which accords with the approved Flood Risk Assessment and Drainage Strategy as listed on the decision notice. The scheme shall identify storage, treatment, discharge rates and volumes, climate-change and urban-creep allowances, exceedance routes, finished levels, connections between phases, adoption/maintenance and delivery triggers. No development of Phase 2 shall commence until the scheme has been approved in writing by the Local Planning Authority, and no dwelling shall be occupied until the drainage serving it has been completed.

 

Conditions Applying to the Development as a Whole

 

10.       Total Number of Units

The development hereby permitted shall comprise no more than 360 dwellings in total, of which 170 dwellings shall form the Full Permission Phase 1 and no more than 190 dwellings shall form the Outline Permission Phase 2. The land identified for employment use on the approved drawings as shown on the decision notice shall be retained and safeguarded for uses within Classes E(g), B2 and B8 pursuant to this permission.

 

11.       Housing Unit Size Mix

Notwithstanding the approved Phase 1 housing mix, the reserved matters for Phase 2 shall provide a housing unit size mix that shall have regard to the Maldon District Technical Advice Note - Housing Mix Position (November 2025), Local Housing Needs Assessment (2025) or any subsequent update, and the policy requirements within Policy H08 of the National Planning Policy Framework. The housing unit size mix as set out in the reserved matters shall be implemented as approved.

 

12.       Materials

No development above slab level within each phase shall take place until a schedule and samples or sample panels of all external facing and roofing materials, including brick, render, cladding, roof coverings, windows, doors, rainwater goods, porches, canopies, garage doors, hard surfacing and street furniture, have been submitted to and approved in writing by the Local Planning Authority. The development shall be completed and retained in accordance with the approved details.

 

13.       Topographical Details

No development above slab level within each phase shall take place until existing and proposed ground levels, finished floor levels, road levels, retaining structures and the finished relationship to neighbouring land, retained vegetation, public open space and drainage features have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved levels.

 

14.       Boundary Treatments

No dwelling shall be occupied until the boundary treatments, gates, walls, fences, railings, hedges and privacy screens serving that dwelling are completed in accordance with a detailed schedule and plan, to be submitted to and approved in writing by the Local Planning Authority. Boundary treatments adjoining public open space, SuDS, retained hedgerows and pedestrian/cycle routes shall be visually open where necessary to provide surveillance while preventing unauthorised vehicle access. The approved treatments shall thereafter be retained and maintained in accordance with the approved details.

 

15.       Parking Provision

No dwelling shall be occupied until its vehicle parking, garage, cycle parking, electric-vehicle charging provision, turning space and pedestrian access have been completed in accordance with the approved plans. Those facilities shall thereafter be kept available for their intended purposes.

 

16.       Access to Dwellings

No dwelling shall be occupied until the carriageway, footway, cycleway, crossing, lighting, drainage and visibility-splay works necessary to provide safe access to that dwelling and a continuous connection to the existing network have been completed in accordance with details submitted to and approved in writing by the Local Planning Authority. No obstruction exceeding 600 mm in height shall be placed within an approved visibility splay. The approved routes and splays shall thereafter be retained.

 

17.       Off-Site Highways Improvements

No dwelling within Phase 1 shall be occupied until the following highway works have been completed:

 

a) improvements to the B1010 Maldon Road and B1021 Church Road junction in accordance with Transport Planning Associates drawing 2507-022 PL04 Rev B; and

b) the B1010 Maldon Road pedestrian crossing in accordance with drawing 2507-022 PL05 Rev A, including high PSV surfacing to the crossing approaches.

 

No dwelling within Phase 2 shall be occupied until the B1010, B1012 and Fambridge Road junction improvements as shown in Transport Planning Associates drawing 2507-022 PL03 Rev B have been completed.

 

The works shall be completed in accordance with the approved details.

 

18.       Construction Stage Drainage Scheme

No development shall take place within each phase until a scheme to minimise the risk of off-site flooding caused by surface-water runoff and groundwater during construction and to prevent pollution has been submitted to and approved in writing by the Local Planning Authority. The scheme shall address temporary storage, discharge, dewatering, topsoil stripping, silt, concrete washout, fuels, chemicals and inspection/response measures and shall be implemented as approved throughout construction.

 

19.       SUDS Maintenance Plan

Prior to first occupation of each phase, a maintenance plan shall be submitted to and approved in writing by the Local Planning Authority detailing the maintenance arrangements for every element of the surface-water drainage system, the responsible bodies, activities and frequencies and, where any element is to be maintained by a management company, the long-term funding arrangements. The system shall thereafter be maintained in accordance with the approved plan.

 

The applicant and every successor in title shall maintain yearly logs of maintenance carried out in accordance with the approved surface water Maintenance Plan(s). The logs shall be retained for the lifetime of the development and made available to the Local Planning Authority within 20 working days of a written request.

 

20.       Foul Water Drainage

No dwelling shall be occupied until the foul water drainage serving it has been completed in accordance with a phase drainage scheme submitted to and approved in writing by the Local Planning Authority. The scheme shall identify the connection point, capacity and programme and shall maintain the accepted 7.18 m clearance from the surveyed centreline of the 1050 mm Anglian Water sewer unless an alternative arrangement is approved in writing following consultation with the sewerage undertaker.

 

21.       Noise Attenuation

The acoustic design, glazing, ventilation and external-amenity measures identified in the approved Noise and Vibration Impact Assessment shall be installed before occupation of the relevant dwelling and retained thereafter. No dwelling shall rely on opening windows as the sole means of achieving the approved internal noise standard where the assessment requires alternative ventilation.

 

22.       Residential Travel Plans

Prior to first occupation of each phase, a Residential Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. It shall include baseline and target mode shares, measures and incentives, travel information, public-transport and active-travel promotion, personalised travel planning, monitoring for at least five years, annual reporting, review triggers, remedial measures, responsibilities and funding. The approved Travel Plan shall be implemented from first occupation and monitored in accordance with its programme.

 

23.       Construction Environmental Management Plan (CEMP)

No development shall take place within each phase, including any ground works or demolition, until a Construction Environmental Management Plan has been submitted to, and approved in writing by, the Local Planning Authority. The Plan shall include 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 in the event of a complaint and subsequent investigation

·                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 construction of the development shall be carried out in accordance with the Construction Management Plan as approved and shall be adhered to at all times thereafter.

 

24.       Construction Time Restrictions

No construction activity that is audible at the boundary of the application site shall take place outside 07:30 to 18:00 Mondays to Fridays and 08:00 to 13:00 Saturdays, with no such work on Sundays or Bank or Public Holidays. Piling or other exceptionally noisy operations shall take place only during the hours specifically approved within the relevant Construction Environmental Management Plan.

 

25.       Archaeology

(1)     No development or preliminary groundworks of any kind shall take place within each phase until a programme of archaeological investigation has been secured in accordance with a Written Scheme of Investigation which has been submitted to and approved in writing by the Local Planning Authority.

(2)     No development or preliminary groundworks of any kind shall take place within that phase until the programme of archaeological evaluation identified in the approved Written Scheme of Investigation has been completed and confirmed as satisfactory by the archaeological adviser to the Local Planning Authority.

(3)     Where the evaluation identifies archaeological deposits, no development or preliminary groundworks shall take place within the affected area until a mitigation Written Scheme of Investigation detailing the excavation and/or preservation strategy has been submitted to and approved in writing by the Local Planning Authority.

(4)     No development or preliminary groundworks shall commence in an area containing archaeological deposits until the fieldwork specified in the approved mitigation Written Scheme of Investigation has been completed to the satisfaction of the Local Planning Authority.

(5)     A Post-Excavation Assessment and, where required, Updated Project Design shall be submitted to the Local Planning Authority within six months of completion of the archaeological fieldwork unless an alternative period is approved in writing. The approved programme shall provide for post-excavation analysis, completion and deposition of the site archive and report at an appropriate local repository, and publication and dissemination of the results, and shall be carried out in full.

 

26.       Contamination

If unexpected contamination is encountered at any time during development, works in the affected area shall cease and the Local Planning Authority shall be notified. A site investigation and risk assessment, and where necessary a remediation method statement and verification plan, shall be submitted to and approved in writing by the Local Planning Authority. The approved remediation shall be completed and a verification report submitted to and approved in writing before development resumes in the affected area or the relevant dwelling is occupied, whichever is earlier.

 

27.       Arboricultural Reports

No development shall commence within each phase until a final Arboricultural Method Statement and Tree Protection Plan, prepared in accordance with BS 5837:2012 and including drainage and service runs and the construction of hard surfaces within or adjacent to root protection areas, has been submitted to and approved in writing by the Local Planning Authority. The approved protective fencing and ground protection shall be installed before any site clearance or construction and retained until all equipment, machinery and surplus materials have been removed. No excavation, level change, storage, mixing, fire, vehicle movement or service installation shall occur within protected areas except in accordance with the approved method statement. If within five years of completion an existing retained tree is removed, destroyed, dies or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective, a replacement tree of the species, size and planting time specified in writing by the Local Planning Authority shall be planted. The tree-protection measures shall be implemented as approved.

 

28.       Ecological Mitigation

The development shall be carried out in accordance with the mitigation, avoidance and enhancement measures in the Ecological Impact Assessment, Winter Bird Survey Report and confidential badger information, except where a later measure is approved pursuant to another condition. Before commencement of each phase, a phase-specific Ecological Construction Method Statement shall be submitted to and approved in writing by the Local Planning Authority. It shall include protected-species checks and licensing, nesting-bird controls, farmland-bird/skylark mitigation, hedgerow and root-zone protection, amphibian/reptile precautionary methods, badger safeguards, timing of works, ecological watching briefs, responsibilities and corrective action. The approved measures shall be implemented in full.

 

29.       External Lighting

No external lighting shall be installed within each phase until a Lighting Design Strategy for biodiversity and residential amenity has been submitted to and approved in writing by the Local Planning Authority. The Strategy shall identify sensitive receptors, including retained hedgerows, trees, SuDS, public open space, railway and residential boundaries; specify horizontal and vertical illuminance, spectrum, shielding, mounting height, operating hours and controls; and demonstrate dark corridors for bats and other wildlife. Lighting shall be installed, operated and retained only in accordance with the approved Strategy.

 

30.       Biodiversity Net Gain Plans

No development shall commence until a Site Wide Biodiversity Gain Plan has been submitted to and approved in writing by the planning authority, in accordance with Schedule 7A to the Town and Country Planning Act 1990. No development within each stage shall commence until a Biodiversity Gain Plan for that phase has been submitted to and approved in writing by the planning authority. Each Phase Biodiversity Gain Plan shall set out that phase's contribution to the biodiversity gain objective and shall demonstrate cumulative progress towards achieving at least the biodiversity values in the approved Site Wide Biodiversity Gain Plan and statutory metric for the development as a whole.

 

31.       Habitat Management and Monitoring Plan (HMMP)

No habitat creation or enhancement identified as significant on-site enhancement in an approved Site Wide or Phase Biodiversity Gain Plan shall commence until a Habitat Management and Monitoring Plan for that habitat has been submitted to and approved in writing by the Local Planning Authority. The Plan shall include: a non-technical summary; roles and responsibilities; baseline and target condition; detailed creation and enhancement works; management necessary to achieve and maintain the target; a programme and funding mechanism for at least 30 years from completion of the relevant habitat works; monitoring methodology and success criteria; submission of monitoring reports in years 1, 3, 5, 10, 15, 20, 25 and 30; and remedial and adaptive management where targets are not met. The approved Plan shall be implemented in full and the reports shall be submitted in accordance with the approved programme.

 

(ii)            If the Section 106 legal agreement is not completed within three months of the date of this District Planning Committee, or a longer period as agreed by the Director of Place, Planning and Growth, then authority is delegated to the Director of Place, Planning and Growth to REFUSE the planning application. This is subject to first referring the Planning Application to the Secretary of State for a period of at least 21 days, who may choose to call-in the decision under the Town and Country Planning (Consultation) (England) Direction 2026.