Agenda item

To consider the planning application and recommendations of the Chief Executive, (copy enclosed, Members’ Update to be circulated)*.

Following the Officer presentation Councillor Vanessa Bell on behalf of Burnham-on-Crouch Town Council and Mr Cussen the Agent, addressed the Committee.

In response to a comment from the Agent, the Group Manager - Planning Services advised the Committee that planning history was material consideration for determination.  The recent appeal decision referred to hung on a pond on the site which had recently been refilled and the Planning Inspector had made reference to Great Crested Newts.  The proposed conditions relating to this application, if agreed, included the requirement for a habitat survey to be undertaken prior to development.

In response to a question from the Committee, the Group Manager - Planning Services highlighted the site area and those adjacent sites where planning permission had recently been granted, including those permissions granted on appeal.

Councillor Elliot made reference to a number of concerns highlighted to him by residents relating to the unsociable hours that construction in the vicinity took place.  Members were advised that Government guidance in relation to noise and disturbance during the construction of a development was not really a planning issue.  A condition would need to show that that it was stopping some demonstrable harm.

Councillor P G L Elliott proposed that should Members be mindful to approve the application an additional condition be added to specify that any works on a Saturday or Sunday can only take place internally.  Following further advice from Officers, Councillor Elliott revised his proposal stating that no external works to be allowed on Saturday after 13:00 or at any time on Sundays and bank holidays. This was duly seconded.

The Chairman then put the Officers recommendation of approval with the additional condition as proposed.  Upon a vote being taken this was agreed.

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

1          Details of the access, appearance, landscaping, layout and scale (hereinafter called “the reserved matters”) shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved.

Application for approval of the reserved matters shall be made to the Local Planning Authority no later than three years from the date of this permission.

The development hereby permitted shall begin no later than two years from the date of approval of the last of the reserved matters to be approved.

2          No development shall take place including any demolition or clearance works, until a comprehensive ecological survey of the site has been undertaken to ascertain if any protected species are present.  The results of the survey shall be submitted to and approved in writing by the local planning authority along with details of the provision and implementation of ecological mitigation to protect any protected species if found to be present.  The development shall be carried out and completed in accordance with the approved mitigation scheme.

3          As part of the reserved matters details of the siting, height, design and materials of the treatment of all boundaries including gates, fences, walls, railings and piers shall be submitted to and approved in writing by the Local Planning Authority.  The screening as approved shall be constructed prior to the first use / occupation of the development to which it relates and be retained as such thereafter.

4          Unless otherwise shown to be removed on the approved plan all of the hedgerow boundaries shall be retained and maintained at all times thereafter.

5          The public’s rights and ease of passage over public footpath no 5 (Burnham-on-Crouch parish) shall be maintained free and unobstructed at all times.

6          The landscaping details referred to in Condition1 shall provide full details and specifications of both hard and soft landscape works which shall be submitted to and approved in writing by the Local Planning Authority.  Such details shall be submitted concurrently with the other reserved matters.  These landscaping details shall include the layout of the hard landscaped areas with the materials and finishes to be used together with details of the means of enclosure, car parking layout, vehicle and pedestrian accesses.

The details of the soft landscape works shall include schedules of shrubs and trees to be planted, noting the species, stock size, proposed numbers / densities and details of the planting scheme’s implementation, aftercare and maintenance programme.

The hard landscape works shall be carried out as approved prior to the beneficial occupation of the development hereby approved unless otherwise first agreed in writing by the Local Planning Authority.

The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the commencement of the development, unless otherwise first agreed in writing by the Local Planning Authority.  If within a period of five years from the date of the planting of any tree or plant, or any tree or plant planted in its replacement, is removed, 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          The scheme to be submitted pursuant to the reserved matters shall make provision for car parking within the site in accordance with the Council’s adopted car parking standards.  Prior to the occupation of the development the parking areas shall be constructed, surfaced, laid out and made available for such purposes in accordance with the approved scheme and retained as such thereafter.

8          No development shall commence until details of existing ground levels and proposed finished ground, and its relation 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.

9          The development shall be single storey only comprising of one floor of accommodation.

10        In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared.  This must be conducted in accordance with the Department for Environmental Food and Rural Affaires (DEFRA) and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and the Essex Contaminated Land Consortium's 'Technical Guidance for Applicants and Developers' and is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority.

11        Development shall not commence until a scheme for the provision and implementation of surface water drainage incorporating Sustainable Urban Drainage Schemes (SUDs) and an assessment of the hydrological and hydrogeological context of the development has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be constructed and completed in accordance with the approved plans and prior to the occupancy of the development.

12        Development shall not commence until details of foul water drainage have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be constructed and completed in accordance with the approved plans and prior to the occupancy of the development.

13        During the construction of the development hereby approved, no external works shall be carried out on Saturdays after 13:00 or at any time on Sundays and bank holidays.

Councillor Dewick returned to the chamber.

IN THE CHAIR : COUNCILLOR R P F DEWICK