Agenda item

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

An Addendum was published prior to the meeting providing an additional consultation response and a change to the recommendation for the application regarding drainage. Prior to his presentation, the Officer advised of a further amendment to the recommendation set out on the Addendum, that if the Essex Coast Recreation Disturbance Avoidance and Mitigation Strategy contribution as not paid within three months then the application could be refused under delegated powers. This was noted.

The Officer presented the report.

Following this the Agent Tim Matthews addressed the Committee.

A discussion then ensued between Members and Officers concerning the size of the development, drainage and enforcement issues the site has faced.

Councillor S J N Morgan proposed that the application be refused contrary to Officers recommendations. This was not seconded. Following this Councillor M E Thompson proposed that the application be approved in line with Officers recommendations. This was duly seconded and upon a vote being taken the application was approved.

RESOLVED

(i)               that the application be APPROVED and authority be delegated to the Director of Place, Planning and Growth to grant planning permission 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 and conditions detailed below, along with any conditions subsequently recommended by the Sustainable Development Strategy team (the wording of such conditions will require details to be submitted within three months of the date of the decision and shall include a timetable for implementation):

HEADS OF TERMS OF ANY SECTION 106 AGREEMENT

RAMS Mitigation contribution £2,033.40 (£169.45 x 12)

CONDITIONS:

1.               The development hereby permitted shall be carried out in complete accordance with the approved plans as set out on the Decision Notice.

2.               The site shall not be occupied by any persons other than Gypsies and Travellers, defined as persons of nomadic habit of life whatever their race or origin, including such persons who on grounds only of their own or their family’s or dependants’ educational or health needs or old age have ceased to travel temporarily or permanently, but excluding members of an organised group of travelling showpeople or circus people travelling together as such.

3.               The twelve pitches and twelve vehicle parking spaces shall be laid out and retained in accordance with Site Block Plans TMA/1045/1 Rev D and TMA/1045/2 Rev C.

4.               No more than twelve caravans as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968, as amended shall be stationed on the land at any time.

5.               The caravans referred to within condition 4 above shall be sited on the pitches shown on the Site Block Plans TMA/1045/1 Rev D and TMA/1045/2 Rev C. Any material change to their position, or replacement by another in a different location, shall only take place in accordance with details that have previously been submitted to and approved in writing by the Local Planning Authority.?

6.               No vehicle over 3.5 tonnes shall be stationed, parked or stored on the land.

7.               No commercial activities shall take place on the land, including the storage of materials.

8.               Within 3 months of the date of this decision details of the external lighting scheme to serve the development shall be submitted for the written approval of the Local Planning Authority. The scheme shall include a timetable for its implementation and shall be retained as approved.

9.               Should the use hereby permitted cease, within three months of such cessation all caravans, hard-standings, structures, buildings, materials and equipment brought on to or erected upon the land in connection with the use shall be removed in their entirety and the land restored to its former condition.

10.            Within 3 months of the date of this decision details of the foul drainage scheme to serve the development shall be submitted for the written approval of the Local Planning Authority. The scheme shall include a timetable for its implementation and shall be retained as approved thereafter.

11.            Within 3 months of the date of this decision details of the surface water drainage scheme to serve the development shall be submitted for the written approval of the Local Planning Authority. The scheme shall include a timetable for its implementation.

The scheme shall ensure that for a minimum:

1)         The development should be able to manage water on site for 1 in 100 year events plus 40% climate change allowance.

2)         Run-off from a greenfield site for all storm events that have a 100% chance of occurring each year (1 in 1 year event) inclusive of climate change should be no higher than 10/ls and no lower than 1/ls. The rate should be restricted to the 1 in 1 greenfield rate or equivalent greenfield rates with long term storage (minimum rate 1l/s) or 50% betterment of existing run off rates on brownfield sites (provided this does not result in a runoff rate less than greenfield).

In order to satisfy the soakaway condition the following details will be required:-

·                 details of the area to be drained, infiltration rate (as determined by BRE Digest 365), proposed length, width and depth of soakaway, groundwater level and whether it will be rubble filled. Where the Local Planning Authority accepts discharge to an adopted sewer network it will be necessary to provide written confirmation from the statutory undertaker that the discharge will be accepted.

12.            Within 3 months of the date of this decision details of landscaping scheme to serve the development shall be submitted for the written approval of the Local Planning Authority. The scheme shall include indications of all existing trees and hedgerows on the land; details of any to be retained, together with measures for their protection in the course of development; and a timetable for the implementation of the scheme. The approved scheme shall be retained and maintained as approved.

13.            All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in accordance with the approved timetable; any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written approval to any variation. 

14.            Within 3 months of the date of this decision a Biodiversity Enhancement Strategy for protected, Priority and threatened species, prepared by a suitably qualified, shall be submitted to and approved in writing by the Local Planning Authority.

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

a)         Purpose and conservation objectives for the proposed enhancement measures;

b)         detailed designs or product descriptions to achieve stated objectives;

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

d)         persons responsible for implementing the enhancement measures; and

e)         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.            Within 3 months of the date of this decision a scheme providing details of the design and location or refuse and storage facilities to serve the developmentshall be submitted for the written approval of the Local Planning Authority. The scheme shall include a timetable for its implementation. The development shall be carried out in accordance with the approved details and retained thereafter.

(ii)             That if the Section 106 legal agreement is not completed within three months of the date of this North Western Area Planning Committee, or an extended time period as agreed between the applicant and the Council, then delegate authority to the Director of Place, Planning and Growth to REFUSE the planning application