Agenda item

To consider the report of the Director of Strategy, Performance and Governance, (copy enclosed).

A Members’ Update was submitted detailing a further letter of representation received post publication of the agenda.

The Chairman introduced the item and advised the Committee that this was on the agenda in order to ratify a previous decision and therefore not open for debate. The decision on the number of flights still stands as previously agreed. The item was being presented to address a change to the Unilateral Undertaking and this approach has been corroborated by the Monitoring Officer.  

Following the Officer’s presentation Councillor Durham proposed that the Officer’s recommendation be accepted. 

Councillor Sismey joined the meeting at this stage.

The Chairman put the Officer’s recommendation to the Committee. Upon a vote being taken this was agreed.

RESOLVED that planning permission be Approved subject to the conditions set out below and the completion of a satisfactory Unilateral Undertaking to deliver the mitigation as detailed in Section 8 of the original report.

1.         The development shall be carried out in accordance with the following

approved plans and documents: Drawing Nos 08/1002/31, 08/1002/22 and 08/1002/30 that are attached to planning application FUL/MAL/09/00250; Location Plan: TMA/734/01 Revision B; Noise Impact Assessment dated 20 September 2017; and Habitat Regulations Assessment Screening Report dated 13 April 2018. 

REASON To ensure that the development is carried out in accordance with the details approved.

2          The external surfaces of the two hangars hereby approved shall be constructed

of materials and finish as detailed on Drawing Nos 08/1002/31, 08/1002/22 and 08/1002/30 as submitted with planning application FUL/MAL/09/00250.

REASON To ensure the external appearance of the development is appropriate to the conservation area in accordance with policy D3 of the Maldon District Local Development Plan.

3          No development related to the construction of the hangars approved by the

permission, including any site clearance or groundworks of any kind shall take place within the site until the applicant or their agents, the owner of the site or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the local planning authority. The development shall be carried out in a manner that accommodates the agreed programme of works.

REASON To protect the site which is of archaeological interest in accordance with policy D3 of the Maldon District Local Development Plan.

4          A record of all flying activity and aircraft based at the site shall be maintained

by the airfield operator and made available in a suitable format for inspection and copying by the Local Planning Authority at any reasonable time. Such record shall as a minimum contain dates, times, aircraft type, description of activity including runway in use and details of any public complaint associated with the activity.

In pursuant to the above, on the first anniversary of this approval and every two years thereafter, the applicant shall demonstrate to the satisfaction of the Local Planning Authority, through the submission of a report from a competent person and using actual flight records, that the LOAEL of 50dB LAeq 12hr has not been exceeded at any property in the vicinity of the airfield except on “Special Public Flying Events”. In the event that an exceedance is identified the applicant shall prepare and implement a noise reduction plan to further control the number and/or type of aircraft using the airfield such that the 50dB LAeq 12hr is not exceeded at any noise sensitive property.

REASON To allow the activity at the site to be monitored, to protect the amenities of the occupants of nearby dwellings and the amenity of the countryside in accordance with policies S1, D1 and D2 of the adopted Maldon District Local Development Plan.

5          There shall be no more than 15 aircraft in a flight worthy condition kept at the

site at any one time.

REASON To ensure that the intensification of activity at the site does not cause unacceptable harm to the amenity value of the countryside, and amenities of neighbouring residents in accordance with policies S1, D1 and D2 of the adopted Maldon District Local Development Plan.

6          The type of aircraft using the airstrip for take-off and landing purposes shall be limited to fixed wing, single propeller driven aircraft. 

REASON  To ensure that the activities at the site does not cause unacceptable harm to the amenity value of the countryside, and amenities of neighbouring residents in accordance with policies S1, D1 and D2 of the adopted Maldon District Local Development Plan.

7          No helicopters (unless in the event of an emergency), microlights, gliders or

hot air balloons shall be flown or land upon the site.

REASON  To ensure that the activities at the site does not cause unacceptable harm to the amenity value of the countryside, and amenities of neighbouring residents in accordance with policies S1, D1 and D2 of the adopted Maldon District Local Development Plan.

8          Aircraft shall only take off or land at the site during the following hours:-

•          October to March (inclusive) - 08.00 hours to sunset or 20.00 hours, whichever is the earlier

•           April to September (inclusive) - 08.00 hours to 20.00 hours

REASON  To ensure that the activities at the site does not cause unacceptable harm to the amenity value of the countryside, and amenities of neighbouring residents in accordance with policies S1, D1 and D2 of the adopted Maldon District Local Development Plan.

9          No flying school activities or other training flights shall operate from the site.

REASON  To ensure that the activities at the site does not cause unacceptable harm to the amenity value of the countryside, and amenities of neighbouring residents in accordance with policies S1, D1 and D2 of the adopted Maldon District Local Development Plan.

10        No more than 4 public events which include a programme of flying displays (to be known as ‘Special Public Flying Events’) shall take place in any calendar year. Such events shall not exceed 2 consecutive days.  Such events shall be organised in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority.

REASON  To ensure that the activities at the site does not cause unacceptable harm to the amenity value of the countryside, and amenities of neighbouring residents in accordance with policies S1, D1 and D2 of the adopted Maldon District Local Development Plan.

11        There shall no more than 3,000 aircraft movements (defined as a take-off OR

landing) undertaken from the site during any one calendar year (1 January - 31 December). This annual limit to be subject to a daily limit, in any 24 hour period, of 30 movements (15 take-offs and 15 landings), apart from days on which Special Public Flying Events take place when the movement limit shall be 120 movements (60 take-offs and 60 landings).

REASON  To ensure that the activities at the site does not cause unacceptable harm to the amenity value of the countryside, and amenities of neighbouring residents in accordance with policies S1, D1 and D2 of the adopted Maldon District Local Development Plan.

12        No charter or fare paying flights shall operate from the airfield.

REASON  To ensure that the activities at the site does not cause unacceptable harm to the amenity value of the countryside, and amenities of neighbouring residents in accordance with policies S1, D1 and D2 of the adopted Maldon District Local Development Plan.

13        An investigation and risk assessment, in addition to any assessment provided with the planning application in relation to the hangars, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing from the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

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

(b)       an assessment of the potential risks to human health, property, controlled waters and the environment;

(c)       an appraisal of the remedial options, and proposal of preferred option(s).

REASON To prevent the undue contamination of the site in accordance with Policy D2 of the Maldon District Local Development Plan.

14        A detailed remediation scheme to bring the site to a condition suitable for the

intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared and is subject to the approval in writing of the Local Planning Authority prior to the construction of the hangars. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

REASON To prevent the undue contamination of the site in accordance with Policy D2 of the Maldon District Local Development Plan.

15        The approved remediation scheme must be carried out in accordance with its terms prior to the construction of the hangars other than required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of the commencement of the remediation schemes works. Following completion of measures identified in the approved remediation scheme a verification report (also known as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced and is subject to approval in writing of the Local Planning Authority.

REASON  To prevent the undue contamination of the site in accordance with Policy D2 of the Maldon District Local Development Plan.

16        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 in accordance with the requirements of condition 13 and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 14 which are subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation a verification report must be prepared in accordance with the requirements of condition 15, for approval in writing of the Local Planning Authority.

REASON To prevent the undue contamination of the site in accordance with Policy D2 of the Maldon District Local Development Plan.