Agenda item

To consider the planning application and recommendation of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated).

Following the Officer’s presentation Mr J Crisp of EJ Taylor & Sons Ltd, the Applicant, addressed the Committee.

Councillor M F L Durham CC, a Ward Member considered that this application would improve the appearance of the building and that the Applicant was both an important business to the District and a significant employer.   Councillor Durham then proposed that this application be approved contrary to the Officer’s recommendation.

This was duly seconded and adequate landscaping conditions were requested.

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

1        The development hereby permitted shall begin no later than three years from the date of this decision.

          REASON: To comply with Section 91(1) of The Town & Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2        The development shall be carried out in accordance with the following approved plans and documents: 17/03/01; 17/03/02; 17/03/05A; 17/03/03; 17/03/04; 17/03/06; 17/03/07A; 17/03/08

          REASON: For the avoidance of doubt as to the extent of this permission.

3        No development shall take place until samples of the facing material to be used, including glazing, have been submitted to and approved in writing by the local planning authority. The works must then be carried out in accordance with the approved details.

          REASON: To ensure that the external material to be used in the construction of the development would be appropriate to the building and the character and appearance of the area in accordance with Policy D1 of the Maldon District Local Development Plan; the Maldon District Design Guide; and Government advice contained in the National Planning Policy Framework

4        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 boundary treatment as approved shall be constructed prior to the first use/occupation of the development to which it relates and be retained as such thereafter

          REASON: To ensure the boundary treatments are appropriate and to protect the visual amenity of the area in accordance with Policies S1 and D1 of the Maldon District Local Development Plan; the Maldon District Design Guide; and Government advice as contained in the National Planning Policy Framework.

5        No development shall take place until full details of both hard and soft landscape works to be carried out have been submitted to and approved in writing by the local planning authority. These details shall include the layout of the hard landscaped areas with the materials and finishes to be used and details of the soft landscape works including 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, uprooted, 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.

          REASON: To ensure the soft and hard landscaping are appropriate and to protect the visual amenity of the area in accordance with Policies S1 and D1 of the Maldon District Local Development Plan; Maldon District Design Guide; and Government advice as contained in the National Planning Policy Framework.

6        Prior to first occupation of the proposed development, the proposed vehicular access shall be reconstructed at right angles to the highway boundary and to a width of 4.8m and shall be provided with an appropriate dropped kerb vehicular crossing of the footway/highway verge to the specifications of the Highway Authority.

          REASON: To ensure that vehicles using the site access do so in a controlled manner, in the interests of highway safety and in accordance with Policy T2 of the Maldon District Local Development Plan.

7        The development shall not be occupied until such time as the car parking and turning area, has been provided in accord with the details shown in Drawing No: 17/03/05 rev A. The car parking area shall be retained in this form at all times and shall not be used for any purpose other than the parking of vehicles related to the use of the development thereafter.

          REASON: To ensure that on-street parking of vehicles in the adjoining streets does not occur, in the interests of highway safety and in accordance with Policies D1 and T2 of the Maldon District Local Development Plan.

8        No unbound materials shall be used in the surface treatment of the proposed vehicular access within 6m of the highway boundary.

          REASON: To ensure that loose materials are not brought out onto the highway, in the interests of highway safety and in accordance with Policy T2 of the Maldon District Local Development Plan.

9        The Powered two wheeler/bicycle parking facilities as shown on Drawing No: 17/03/05 rev A are to be provided prior to the first occupation of the development. The approved facility shall be secure, convenient, covered and provided prior to the first occupation of the proposed development hereby permitted within the site which shall be maintained free from obstruction and retained thereafter.

          REASON:  To promote the use of sustainable means of transport in accordance with Policies S1 and T2 of the Maldon District Local Development Plan.

10      No means of external illumination of the site shall be installed on site.

          REASON: To protect the visual amenity of the rural area and the residential amenity of neighbouring properties in accordance with Policies D1 and D2 of the Maldon District Local Development Plan.

11      Prior to the commencement of the development details of the surface water 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. 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 you will be required to provide written confirmation from the statutory undertaker that the discharge will be accepted.

          REASON: To ensure that surface water drainage is available for the site in accordance with Policy D2 of the Maldon District Local Development Plan

12      Prior to the commencement of the development details of the 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.

          REASON: To ensure that foul drainage scheme is available for the site in accordance with Policy D2 of the Maldon District Local Development Plan

13      The development hereby permitted shall be used solely as offices ancillary to the principal permitted use of the application site and not for other purpose (including any other purpose in Class A1-A5, B1-B8, C1-C3, D1-D2 of the Schedule to The Town and Country Planning (General Permitted Development) (England) Order 2015 (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order).

          REASON: To protect the residential amenity of neighbouring properties in accordance with Policies D1 and D2 of the Maldon District Local Development Plan.

INFORMATIVE

          All work within or affecting the highway is to be laid out and constructed by prior arrangement with and to the requirements and specifications of the Highway Authority; all details shall be agreed before the commencement of works. The applicants should be advised to contact the Development Management Team by email at [email protected] or by post to: SMO2 - Essex Highways, Springfield Highways Depot, Colchester Road, Chelmsford CM2 5PU.

          Should the existence of any contaminated ground or groundwater conditions and/or hazardous soil gases be found that were not previously identified or not considered in a scheme agreed in writing with the Local Planning Authority, the site or part thereof shall be re-assessed and a scheme to bring the site to a suitable condition shall be submitted to and agreed in writing with the Local Planning Authority. A "suitable condition" means one in that represents an acceptable risk to human health, the water environment, property and ecosystems and scheduled ancient monuments and cannot be determined as contaminated land under Part 2A of the Environmental Protection Act 1990 now or in the future.

          The work will be undertaken by a competent person in accordance with the Essex Contaminated Land Consortium's Land Contamination Technical Guidance For Applicants and Developers and UK best-practice guidance.

          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.