Agenda item

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

Application Number	26/00138/OUTM
Location	Land South Of Threeways And 45 The Street, Latchingdon, Essex
Proposal	Outline planning application with all matters reserved except for means of access, for up to 140 dwellings (Use Class C3), including 40% affordable housing; new site access and internal access roads; a new village centre (Use Class E(a)); flexible employment space (Use Class E); car and cycle parking; landscaping; sustainable urban drainage systems; public open space and footpaths; community woodlands and allotments; together with associated infrastructure.
Applicant	EJ Latchingdon Ltd
Agent	Mr Matthew Driscoll - MJD Planning Ltd
Target Decision Date	2 October 2026 (EoT)
Case Officer	Matt Bailey
Parish	Latchingdon
Reason for Referral to the Committee / Council	Major application

 

Members were reminded that this application had been considered by the Committee on 22 September 2026 and that the previous Committee report and related Addendum were attached at Appendices 1 and 2 to the report. At that meeting the application had been deferred to seek independent advice on matters relating to the flood risk sequential test, and further explanation of this was set out in the report. The report set out written advice received from Matthew Fraser of Landmark Chambers and Members’ attention was drawn to the Officers’ recommendation.

 

The Chairperson advised that some Members had not been present when this application was first discussed by the Committee and therefore in accordance with the Council’s Procedure Rules only those who had been present could vote. A list of those Members eligible to vote was read out for clarification. The Chairperson clarified that those Members who had not been present were able to ask questions but could not vote on the application.

 

At this point, Councillors J C Hughes, N D Spenceley, N J Swindle, and L L Wiffen left the meeting and did not return.

 

The Addendum circulated prior to the meeting provided the following information:

 

·                Further representations had been received and the Addendum summarised submissions not already addressed in the original Committee report.

 

·                Concerns had been raised regarding insufficient capacity at Latchingdon Water Recycling Centre (WRC). The Addendum explained that, despite existing foul drainage capacity constraints and Anglian Water’s objection, legal advice and comments from the Environment Agency supported the use of an appropriately worded condition to secure a deliverable drainage solution; Officers therefore maintained their recommendation for approval.

 

·                Following discussions with Anglian Water and the Environment Agency, Officers proposed revised wording for condition 15 to strengthen the foul drainage requirements.

 

During the presentation of the application, the Principal Planning Officer drew Members’ attention to the Addendum and provided a detailed explanation of Counsel’s advice that the Council had received, specifically highlighting information relating to the concerns raised regarding foul drainage.

 

Following the Officer presentation, an objector, Ms Derham, and Councillor Phil Simcock, speaking on behalf of Latchingdon Parish Council, addressed the Committee.

 

In response to a comment, the Head of Development Management and Enforcement advised that the Committee should determine the application based on the proposal, the Officer assessment and the recommended conditions. He explained that the outline application required an acceptable strategy and a reasonable prospect of delivery, with detailed matters to be considered later. He cautioned that refusal on the basis of the absence of those details at this stage could be difficult to defend on appeal, as the purpose of conditions was for details to be submitted for approval following a grant of permission.

 

The Director of Legal and Governance confirmed that Officers had discussed further information received that day from Councillor A Fittock with the Environment Agency.

 

A lengthy debate ensued, during which a number of Members raised concerns regarding the proposed development, including foul drainage issues, the impact on local residents of Latchingdon and sequential testing. In response to a number of questions raised by Members, Officers provided the following information:

 

·                The Principal Planning Officer explained that if Members were minded to disagree with the information provided, including Counsel’s advice that the proposed scheme passed the sequential test, this could be recorded in the minutes of the meeting. However, on the planning balance, even without the sequential test, the identified benefits and harms would still lead to a recommendation of approval, as set out in the table in the Officers’ earlier presentation.

 

·                It was confirmed that the Council had been presented with a sequential test. In response a list of sites from the Council’s Call for Sites had been provided and the applicant had tested those sites.

 

·                There was a proposed condition requiring the submission of a Foul Drainage Strategy. In addition, the Environment Agency had been added as a consultee as part of the process for discharging the condition. It was confirmed that there were two possible solutions to address the concerns raised. However, should the proposed conditions not be met, the application would potentially fail.

 

In response to further comments by Members, the Director of Legal and Governance advised that a recent appeal concerning a similar application had found that recreational disturbance, flood risk and foul drainage matters could be addressed through appropriate conditions or obligations. She cautioned that any departure from the Inspector’s findings would require strong, detailed reasons supported by evidence and might otherwise be difficult to defend on appeal.

 

The Chairperson moved that the Committee accept the Officers’ recommendation, subject to the amendment to condition 15 as outlined in the Addendum. This was duly seconded and upon a vote being taken, the motion was carried.

 

RESOLVED

 

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

 

(a)            the applicant entering into a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the Heads of Terms set out below:

 

HEADS OF TERMS OF ANY SECTION 106 AGREEMENT:

 

Head	Provision / Purpose
Affordable housing	40% on site provision: 56 homes at the maximum 140 dwellings; 80% rented and 20% intermediate; 75% of rented homes as Social Rent; agreed mix, accessibility, DPA staircasing, nomination, affordability, clustering, transfer and occupation controls.
Essex Coast Recreational Disturbance Avoidance and Mitigation Strategy (RAMS)	£175.55 per dwelling at the 2026/27 tariff, calculated against the final permitted dwelling count, with agreed payment trigger, indexation, recipient and administration.
On site Habitats mitigation	Provide, manage and retain the suitable alternative greenspace, resident information, interpretation, dog management and other measures relied upon in the final Appropriate Assessment, without double counting RAMS, open space or Biodiversity Net Gain (BNG).
Early years and childcare	£343,560, indexed from quarter 1 of 2025 and adjusted through the final Essex County Council (ECC) formula.
Primary education	£858,900, indexed from quarter 1 of 2025 and adjusted through the final ECC formula.
Secondary school transport	£166,516, indexed from quarter 2 of 2021 using the stated £6.26 per pupil per day basis and final pupil yield.
Healthcare	£105,200 for 23 square metres of primary care capacity at £4,575 per square metre, indexed from quarter 4 of 2025, with identified project, trigger and repayment provisions.
Libraries	£15,440.60, indexed from November 2025, subject to final formula and project definition.
Highway and active travel	Section 278 works, Traffic Regulation Order, travel plan, packs/vouchers, annual £1,883 monitoring fee indexed from April 2026, and delivery/monitoring of the agreed access, footway and PROW measures.
Public transport - provisional	£425,000 indexed from April 2025 towards bus service improvements (subject to provision of breakdown in costs from ECC Highways and Community Infrastructure Levy (CIL) compliance)
Green infrastructure and open space	Transfer or management company arrangements for public open space, woodland, allotments, play, Sustainable Drainage Systems (SuDS) amenity land, routes, structural landscaping, inspection, replacement and lifetime maintenance.
Biodiversity	Any significant on site or off-site habitat security not adequately delivered by the statutory biodiversity net gain condition, with at least 30 years of management, reporting, remedial action and a defined responsible body.
Employment and Skills Plan	Construction Employment and Skills Plan with targets, delivery, reporting and proportionate monitoring.
Monitoring	ECC's stated £750 per obligation where evidenced, together with proportionate legal and monitoring costs and safeguards against double charging.

 

(b)            the planning conditions as set out below:

 

1.         Outline time limits

Application for approval of all reserved matters shall be made to the Local Planning Authority not later than three years from the date of this permission. The development shall begin not later than two years from the date of approval of the final reserved matter.

 

2.         Reserved matters

No development shall commence until details of the appearance, landscaping, layout and scale of the development, hereinafter called the reserved matters, have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved reserved matters.

 

3.         Approved access and plans

The means of vehicular access shall be carried out in accordance with drawing 130.PL03 Parameters Plan and the approved access drawings listed on the decision notice. No development other than site preparation approved under a construction plan shall take place until the access engineering details have been submitted to and approved in writing by the Local Planning Authority, and no dwelling shall be occupied until the access serving it is available for use.

 

4.         Maximum quantum and land uses

The development shall comprise no more than 140 dwellings, of which 40 per cent shall be affordable housing, together with a village centre building providing no more than 400 square metres gross internal area within Use Class E(a), no more than 600 square metres gross internal area of flexible employment floorspace within Use Class E, and the open space, woodland, allotments, drainage, routes and infrastructure shown on the approved parameter plans. No change between those uses shall occur except with express planning permission.

 

5.         Site wide phasing, masterplan and design code

Before the first reserved matters application is submitted, a site wide phasing plan, regulating masterplan and design code shall be submitted to and approved in writing by the Local Planning Authority. They shall define development parcels; housing and mixed use distribution; movement hierarchy; street types; density and height ranges; key frontages and spaces; access for emergency and service vehicles; walking, wheeling and cycling routes; parking and refuse principles; blue green infrastructure; retained vegetation; play, allotments and woodland; SuDS; utilities; biodiversity mitigation; delivery triggers; and design review arrangements. Every reserved matters submission shall include a compliance statement and shall accord with the approved documents.

 

6.         Housing mix, space and accessibility

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 have regard to the housing mix requirements as set out within the Maldon District Council Technical Advice Note (TAN) on Housing Mix, the Maldon District Local Housing Needs Assessment (2025) or any subsequent updated Local Housing Needs Assessment.

 

The development shall include not less than 15% of the total number of dwellings as bungalows and not less than 5% of the total number of dwellings as self-build or custom-build homes, as defined by the Self-build and Custom Housebuilding Act 2015 (as amended). Each residential reserved matters application shall demonstrate how the proposed mix contributes towards achieving these site-wide requirements.

 

All dwellings shall meet Building Regulations M4(2) unless a site-specific technical reason is submitted to and approved in writing by the Local Planning Authority. At least 10% of the dwellings shall meet Building Regulations M4(3), with the distribution of affordable accessible dwellings to be agreed with the Local Housing Authority.

 

7.         Levels, materials and boundaries

No above ground development within a phase shall commence until existing and proposed levels, finished floor levels, external materials, boundary treatments, refuse and cycle stores, utility structures, meter boxes and hard surfacing details for that phase have been approved in writing. The approved details shall be completed before first occupation of the relevant building and retained thereafter.

 

8.         B1018 access and visibility

No dwelling or commercial floorspace shall be occupied until the principal access, junction radii, carriageway, pedestrian crossing points and visibility splays have been provided in accordance with the drawings approved under condition 3. The splays shall be kept permanently clear of obstruction above 600 millimetres, and the access shall thereafter be retained for its intended use.

 

9.         Two metre footway

Before first occupation, a continuous two metre wide footway and associated crossing facilities shall be provided along the site frontage and connected to the existing network in accordance with details approved in writing. The route shall be lit, drained, available for public use and retained thereafter.

 

10.       Pedestrian, cycle and emergency link

Before occupation of the dwelling identified in the approved phasing plan as the agreed trigger, the pedestrian, cycle and emergency connection between numbers 61 and 63 The Street shall be completed in accordance with approved engineering, surfacing, lighting, access control, drainage and management details. It shall remain available for walking, wheeling, cycling and emergency use and shall not be used for general vehicular access.

 

11.       Extension of 30mph speed limit

No dwelling shall be occupied until the extension of the existing 30mph speed limit on the B1018 to a point west of the principal site access has been secured through the appropriate Traffic Regulation Order process and brought into effect, and the associated traffic signs, gateway treatment and road markings have been provided in accordance with details agreed with the Highway Authority.

 

The approved measures shall thereafter be retained in accordance with the requirements of the Highway Authority.

12.       Public Rights of Way

No development which would affect Public Rights of Way 7, 8 or 10, or their connections through the application site, shall commence until a scheme for the protection and improvement of the relevant Public Rights of Way has been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority.

 

The scheme shall include, where applicable, details of surfacing, drainage, signage, accessibility, connections through the development, temporary diversions or alternative routes required during construction, and the timing and phasing of the permanent improvements.

 

No Public Right of Way shall be obstructed or made unavailable unless an authorised temporary or permanent alternative route is available for public use. The permanent improvements shall be implemented in accordance with the approved phasing and thereafter retained.

 

13.       Construction Environmental Management Plan

No development shall commence until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall contain and address the following matters:

 

(a)   Hours of use for the construction of the development

(b)   Hours and duration of any piling operations

(c)   Vehicle haul routing in connection with construction, remediation and engineering operations

(d)   Wheel washing and sheeting of vehicles transporting loose aggregates or similar materials on or off site

(e)   Details of construction any access or temporary access, and details of temporary parking requirements

(f)    Location and size of on-site compounds (including the design layout of any proposed temporary artificial lighting systems)

(g)   Loading and unloading of plant and materials locations

(h)   Details of any temporary hardstandings

(i)    Details of temporary hoarding

(j)    Details of the method for the control of noise with reference to BS5228 together with a monitoring regime

(k)   Measures to reduce vibration and mitigate the impacts on sensitive receptors together with a monitoring regime

(l)    Measures to reduce dust including dust suppression, control and containment of air emissions incorporating Best Practice Means along with air quality mitigation and monitoring

(m)  For dust and air quality management and mitigation:

i.     The identification of all dust-generating activities and sensitive receptors

ii.     The specific mitigation measures to be implemented across all phases (demolition, earthworks, construction, and trackout), including water suppression, haul-road speed limits, vehicle/wheel washing facilities, and covering of material transport/stockpiles

iii.    Procedures for visual daily/weekly site inspections, dust monitoring (where deemed high risk), and clearly defined trigger/action levels

(n)   Measures for water management including waste water and surface water discharge

(o)   A method statement for the prevention of contamination of soil and groundwater and air pollution, including the storage of fuel and chemicals

(p)   Details of a procedure to deal with any unforeseen contamination, should it be encountered during development

(q)   A Site Waste Management Plan

(r)    For ecology and biodiversity:

i.     Risk assessment of potentially damaging construction activities

ii.     Identification of “biodiversity protection zones”

iii.    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)

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

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

vi.    Responsible persons and lines of communication

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

viii.  Use of protective fences, exclusion barriers and warning signs

(s)   Details of security lighting layout and design, and

(t)    Contact details for site managers including information about community liaison including a method for logging, handling and monitoring complaints.

 

Works on site shall only take place in accordance with the approved CEMP.

 

14.       Residential Travel Plan

Prior to first occupation of the development, a full Residential Travel Plan shall be approved in writing, including objectives, mode share targets, measures, travel information packs, sustainable transport vouchers, management, monitoring, annual reporting, review and remedial measures. It shall be implemented from first occupation for the approved monitoring period.

 

15.       Foul Water Drainage Strategy

(i)    No development shall commence until a strategic foul water drainage strategy has been submitted to and approved in writing by the Local Planning Authority, in consultation with Anglian Water (AW) and the Environment Agency (EA). The strategy shall provide a justification of the selected scheme having regard to the foul drainage hierarchy; identify the drainage system, agreed sustainable point of connection, receiving water recycling centre and, where relevant, receiving watercourse; assess available network and treatment capacity; and specify any required network or treatment works, phasing against available capacity, programme and delivery responsibility, and final confirmed method of foul drainage. Any proposed non-mains solution shall be supported by a completed Environment Agency Foul Drainage Assessment and shall not be implemented unless all necessary environmental permits and other consents have been obtained.

(ii)   Where the foul drainage strategy uses the public sewerage system, written confirmation from AW or an appointed New Appointment and Variation (NAV) operator shall be submitted to the Local Planning Authority prior to occupation confirming that the relevant sewer network and treatment works have been adopted and that capacity and connection are available for the development. Where a non-mains solution is approved, written evidence that the system has been installed and commissioned and that all required permits and consents are in force shall be submitted to the Local Planning Authority prior to occupation.

(iii) No dwelling shall be occupied until the approved foul water drainage scheme has been implemented in accordance with the approved strategy.

 

16.       Watercourse crossings and flood modelling

No development shall commence within eight metres of Sharps Farm Brook or any ordinary watercourse until final plans and cross sections of every crossing, hydraulic modelling, river condition assessment, bank treatment, foundation setbacks, soffit levels, construction sequence, culvert removal, channel restoration and maintenance access have been approved in writing by the Local Planning Authority in consultation with the Environment Agency and Lead Local Flood Authority. Crossings shall be clear span unless otherwise expressly approved, and the approved works shall be completed before the relevant route is brought into use.

 

17.       Flood levels and emergency plan

No development shall commence until a final site specific Flood Risk Assessment compliance scheme and Flood Emergency Plan have been approved in writing. They shall fix finished floor levels, flood resilient access, safe refuge and evacuation arrangements, responsibility for warnings and implementation, and demonstrate that the development will remain safe for its lifetime without increasing flood risk elsewhere. The approved measures shall be completed in accordance with the phasing and retained.

 

18.       Detailed surface water drainage

No development shall commence until a detailed surface water drainage scheme has been approved in writing. The scheme shall use the drainage hierarchy and greenfield discharge rates; demonstrate the 1 in 1, 1 in 30 and 1 in 100 year plus 45 per cent climate change events; include 10 per cent urban creep; provide storage, treatment, exceedance routes and half drain time within 24 hours; address groundwater and infiltration through BRE365 testing; integrate biodiversity and amenity; and identify outfalls, consents and phasing. No building shall be occupied until the serving system is operational.

 

19.       Construction surface water management

No phase shall commence until a construction surface water management plan has been approved in writing. It shall identify temporary drainage, settlement and treatment, protection of watercourses and sewers, fuel and chemical controls, exceedance, inspection, maintenance, incident response and the sequence for bringing permanent SuDS into operation. Construction shall accord with the approved plan.

 

20.       SuDS maintenance and logs

Before first occupation of a phase, a maintenance plan for every SuDS feature serving that phase shall be approved in writing, identifying the management body, access, tasks, frequencies, funding and remedial procedures. Annual inspection and maintenance logs shall be kept for the lifetime of the development and supplied to the Local Planning Authority within 20 working days of a written request.

 

21.       Archaeological programme

No development or preliminary groundworks shall take place until a programme of archaeological investigation has been secured by an approved Written Scheme of Investigation. The programme shall include trial trench evaluation; any further mitigation strategy; excavation or preservation in situ; archaeological monitoring; post excavation assessment; analysis, publication and archive deposition. No phase shall proceed beyond the stage identified in the approved programme until the relevant work has been completed and confirmed in writing.

 

22.       Trees and hedgerows

No development shall commence until a final Arboricultural Method Statement and Tree Protection Plan compliant with BS 5837:2012 has been approved in writing. Retained trees and hedgerows shall be fenced before clearance or construction and protected from storage, plant, excavation, service installation and level changes. Approved supervision and replacement planting shall be completed, and any retained or replacement specimen that dies or becomes defective within five years shall be replaced in the next planting season.

 

23.       Green infrastructure and landscape management

Before the first reserved matters submission, a site wide Green Infrastructure and Landscape Strategy shall be approved in writing. It shall define retained vegetation, structural and early planting, the western and southern buffers, woodland, allotments, public open space, play, SuDS integration, pedestrian routes, phasing, establishment, irrigation, replacement, management responsibilities and annual inspection. Phase landscaping shall accord with that strategy and be completed before the first planting season following occupation of the relevant phase.

 

24.       Ecological mitigation

The development shall be carried out in accordance with the mitigation and enhancement measures in the Ecology Report version 1.6, wintering and breeding bird surveys, updated walkover, river condition assessment and the measures relied upon in the Council's Appropriate Assessment. Before each phase begins, a phase ecological method statement shall be approved in writing addressing protected species, nesting birds, reptiles and amphibians, badgers, watercourses, hedgerows, root zones, timing, ecological watching briefs, responsibilities, inspection and corrective action. The approved measures shall be implemented in full.

 

25.       Farmland bird compensation

Before any habitat capable of supporting skylark or other farmland birds is removed, a Farmland Bird Mitigation Strategy shall be approved in writing. It shall provide at least eight suitably located skylark plots or an equivalent evidence based measure, avoid conflict with public access and predation risk, identify the land and responsible body, and secure management, monitoring and remedial action for not less than ten years. It shall be implemented before the affected breeding season and retained for the approved term.

 

26.       Biodiversity Construction Environmental Management Plan

No development shall commence until a Biodiversity Construction Environmental Management Plan has been approved in writing. It shall identify risk zones, protected habitats and species, retained vegetation and watercourses, precautionary methods, pollution controls, sensitive timing, ecological supervision, toolbox talks, exclusion fencing, incident response, compliance monitoring and reporting. The development shall accord with the approved plan.

 

27.       Biodiversity enhancements

No development shall commence above slab level until a Biodiversity Enhancement Strategy providing integrated swift bricks, bat roosting features, hedgehog access, native planting, ponds and other habitat features appropriate to the approved metric and ecological evidence, has been submitted to and approved in writing by the local planning authority. The features shall be installed before occupation of the relevant buildings or completion of the relevant landscape area and retained thereafter.

 

28.       Wildlife sensitive lighting

No external lighting shall be installed until a Lighting Design Strategy for biodiversity and amenity has been submitted to and approved in writing by the local planning authority. It shall identify sensitive receptors and dark corridors, specify horizontal and vertical illuminance, spectrum, shielding, mounting heights, hours and controls, and demonstrate no harmful illumination of retained hedgerows, watercourses, trees, habitats or neighbouring dwellings. Lighting shall be installed and operated only as approved.

 

29.       Updated ecological surveys

Where a reserved matters submission or commencement of a phase occurs more than two years after the most recent relevant ecological survey, or where site conditions materially change, updated surveys and any necessary revised mitigation shall be submitted to and approved in writing before that phase commences. The approved mitigation shall be implemented in full.

 

30.       Biodiversity Gain Plan and HMMP

The statutory biodiversity gain condition applies. Before any significant on-site habitat creation or enhancement identified in an approved Biodiversity Gain Plan commences, a Habitat Management and Monitoring Plan shall be approved in writing. It shall include baseline and target condition, creation and enhancement works, responsible bodies, a funding mechanism, management for at least 30 years, monitoring methods and success criteria, reports in years 1, 3, 5, 10, 15, 20, 25 and 30, and remedial or adaptive management. The plan shall be implemented and reports submitted as approved.

 

31.       Recreational Disturbance / HRA mitigation

No development shall commence until a detailed Recreational Disturbance Mitigation Strategy and Long-Term Management Plan has been submitted to and approved in writing by the Local Planning Authority. The Strategy shall secure the mitigation measures relied upon in the Council's Appropriate Assessment and demonstrate how recreational effects upon the relevant Habitats sites will be avoided or mitigated, both alone and in combination with other plans and projects.

 

The Strategy shall include:

a)    the provision and specification of high-quality informal and semi-natural areas of public open space for recreational use;

b)    provision of a continuous circular dog-walking route of at least 2.7 kilometres within the site and/or incorporating appropriate connections with the surrounding Public Rights of Way network;

c)    details of the timing and phasing of the recreational mitigation, which shall ensure that the relevant provision is available prior to occupation of the dwellings which it is intended to serve;

d)    a long-term management and maintenance scheme identifying the responsible body, funding arrangements and management standards necessary to retain the mitigation for the lifetime of the development;

e)    interpretation boards and information for new residents promoting the on-site open space and Public Rights of Way as recreational destinations and explaining the sensitivity of the relevant coastal Habitats sites; and

f)     appropriate dog-management measures, including areas suitable for dogs to be exercised off lead and the provision and maintenance of dog-waste facilities.

 

The approved Strategy shall thereafter be implemented and the measures retained and managed in accordance with the approved details.

 

32.       Contamination investigation

No development, other than works required for the purposes of site investigation, shall commence until an investigation and risk assessment has been submitted to and approved in writing by the Local Planning Authority. The assessment shall establish the nature and extent of any contamination affecting the site, whether or not originating on the site, and shall be undertaken by competent persons.

 

The assessment shall include:

a)    a survey of the extent, scale and nature of contamination;

b)    an assessment of potential risks to human health, property, adjoining land, groundwater and surface water, ecological systems and other relevant receptors; and

c)    an appraisal of remedial options and identification of the preferred remediation approach where required.

 

The investigation and assessment shall be undertaken in accordance with current Environment Agency Land Contamination Risk Management guidance and other relevant technical guidance.

 

33.       Contamination Remediation

Where the investigation required by the preceding condition identifies contamination requiring remediation, no development within the affected area shall commence, other than works required to undertake remediation, until a detailed remediation scheme has been submitted to and approved in writing by the Local Planning Authority.

 

The scheme shall identify the remediation objectives and criteria, the remediation measures to be undertaken, a programme for their implementation and a verification plan.

 

The approved remediation shall be completed in accordance with the approved scheme and a verification report demonstrating its satisfactory completion shall be submitted to and approved in writing by the Local Planning Authority before occupation of the affected part of the development.

 

34.       Unexpected contamination

If contamination not previously identified is found, work in the affected area shall cease and a competent person investigation, risk assessment, remediation method and verification plan shall be approved in writing. The approved remediation shall be completed and verified before development resumes in that area or the relevant building is occupied.

 

35.       Village centre and employment delivery

Prior to occupation of the 71st dwelling, a delivery and occupation strategy for the village centre and employment floorspace shall be approved in writing, identifying the buildings and uses, servicing, parking, refuse, hours, fit out, marketing, delivery programme and fallback measures. The approved floorspace shall be completed and made available for occupation before occupation of the 111th dwelling and shall thereafter be retained for the approved uses unless otherwise authorised by a subsequent planning permission.

 

36.       Fire access and water supplies

Each reserved matters application shall demonstrate compliance with current fire appliance access, turning, load bearing, clearance and water supply requirements. No dwelling or building shall be occupied until the approved access and hydrant or other water supply provision serving it is operational and available to the Fire and Rescue Service.

 

(ii)            If the Section 106 legal agreement is not completed within three months of the date of this District Planning Committee, or an extended time period as agreed between the applicant and the Council, then authority be delegated to the Director of Place, Planning and Growth to REFUSE the planning application.