Agenda item

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

It was noted from the Members’ Update that an additional letter of objection had been received.

Following the Officers’ presentation, the Applicant, Miss rook addressed the Committee.

Councillor R P F Dewick, a Ward Member, commented how Members had previously been told that sycamore trees were a weed.  He provided some detail regarding the issues surrounding this tree, the adjacent paddock and the safety of the animals who were kept in the paddock.  Councillor Dewick proposed that the application be approved, contrary to Officers’ recommendation, the tree removed and replaced with a non-poisonous tree.  This proposal was duly seconded.

In response to the proposal the Group Manager - Planning Services advised that as this application was for a variation to condition 5 of a previous permission, if Members were minded to approve it would be necessary to impose the original conditions along with any other conditions. He suggested that this be delegated to Officers to clarify, if approval was agreed.

The Chairman then put the proposal in the name of Councillor Dewick to the Committee and upon a vote being taken this was agreed.

RESOLVED that this application be APPROVED subject to conditions as detailed below, the detail of which is delegated to Officers to confirm.

1          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.

2          Application for the approval of the reserved matters shall be made to the Local Planning Authority before the expiration of 21 June 2019.

3          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          Prior to the commencement of the development details of the surface and foul drainage scheme to serve the development shall be submitted to and agreed in writing by the Local Planning Authority.  The agreed scheme shall be implemented prior to the first occupation of the development.

5          With the exception of the sycamore tree the subject of this application, no trees within the site shall be felled, cut back, damaged or removed, unless otherwise first agreed in writing with the Local Planning Authority.  No development shall commence until information has been submitted and approved in writing by the Local Planning Authority in accordance with the requirements of BS:5837:2012 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). 

No development shall commence until fencing and ground protection to protect the trees to be retained has been erected as per BS5837:2012(Trees in relation to construction), details of which shall have gained the prior written approval of the local planning authority. The protective fencing and ground protection shall be erected 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.  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.

6          No development shall take commence until details of the siting, height, design and materials of the treatment of all boundaries including gates, fences, walls, railings and piers have been submitted to and approved in writing by the Local Planning Authority.  The screening as approved shall be constructed prior to the first occupation of the development to which it relates and be retained as such thereafter. 

7          No development shall take place until written details or samples of all materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out using the materials and details as approved.

8          The landscaping details referred to in Condition 1 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 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 that 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.

9          Prior to the first occupation of the development, the vehicular access at its junction with the highway shall not be less than 3 metres in width and shall be provided with an appropriate dropped kerb crossing of the footway.

10        Prior to the first occupation of the development a 1.5 metre by 1.5 metre pedestrian visibility splay, as measured from, and long the highway boundary, shall be provided on both sides of the vehicular access.  Such visibility splays shall be retained free of any obstruction of perpetuity.  These visibility splays must not form part of the vehicular surface of the access.

11        No surface water from the application site shall be discharged onto the highway.

12        No unbound material shall be used in the surface treatment of the vehicular accesses within 6 metres of the highway boundary of the site.

13        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. 

14        If the sycamore tree the subject of this planning permission is removed, it shall be replaced by 31 December 2018 with a new native tree in accordance with details which shall have been submitted in writing to and gained the prior written approval of the local planning authority. If within a period of five years from the date of the planting of the replacement tree, or any tree planted in its replacement, is removed, destroyed, dies, or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective, another tree 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.

INFORMATIVES

1          The applicant should ensure the control of nuisances during construction works to preserve the amenity of the area and avoid nuisances to neighbours:

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;

d.         Hours of works: works should only be undertaken between 0730 hours and 1800 hours on weekdays; between 0800 hours and 1300 hours on Saturdays and not at any time on Sundays and Public Holidays.

2          All works affecting the highway to be carried out by prior arrangement with, and to the requirements and satisfaction of the Highway Authority and application for the necessary works should be made to Essex County Council on 0845 603 7631.