Agenda item

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

A Members’ Update had been submitted detailing an Access, Parking and Highway Safety statement received post publication of the report.

Following the Officer’s presentation, Mrs Sharon Kennedy, the Applicant, addressed the Committee, and the Chairman drew the Committees attention to the Members’ Update.

A debate ensued and Members raised concerns regarding the impact of noise levels from the site and whether this would increase that already generated by surrounding businesses.  The Development Management Team Leader advised Members that at present no Noise Assessment had been carried out and that parking would only be available for the users of the leisure centre.

Councillor S J Savage proposed that the application be approved contrary to the Officer’s recommendation and this was duly seconded. 

The Committee noted that a report on the site was going to a future meeting of Finance and Corporate Services Committee.

Councillor Miss M R Lewis proposed that the application be deferred until after Finance and Corporate Services Committee.  This was duly seconded.

Councillor Miss M R Lewis then amended her proposal, and requested that the application be deferred until further information around parking and noise impact was available.  This was duly seconded.

Councillor M S Heard proposed that the application be deferred until Members had visited the site to review parking facilities.   This was duly seconded.

The Chairman first put the Officer’s recommendation of refusal to the Committee, and upon a vote being taken the refusal was rejected.

The Chairman then put Councillor Savage’s proposal to approve the application contrary to the Officer’s recommendation but subject to conditions.  Upon a vote being taken the application was approved subject to conditions agreed in conjunction with the Chairman, Ward Members and Officers.

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

1                    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

REASON: To comply with Section 91(1) The Town & Country Planning Act 1990 (as amended).

2                    The development hereby permitted shall be carried out in accordance with the following approved plans and documents: 1820/2/100 Rev R-B, 1820/2/201 Rev R-A, 1820/2/203 Rev R-A, 1820/2/202 Rev R-A, 1820/2/200 Rev R-A, 1820/2/206 Rev R, 1820/2/001 Rev R-A, 1820/2/204 Rev R, 1820/2/205 Rev

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

3                    The development hereby permitted shall be undertaken using the materials set out within the application form/plans hereby approved.

REASON:  In the interest of the character and appearance of the area in accordance with policy D1 of the approved Maldon District Local Development Plan and guidance contained within the National Planning Policy Framework.

4                    Notwithstanding the details submitted with this application, no development shall commence, other than that required to carry out additional necessary investigation which in this case includes demolition, site clearance, removal of underground tanks and old structures, and any construction until an investigation and risk assessment has been submitted to and approved in writing by the local planning authority. The report of the findings must include:

(i)     A preliminary risk assessment to include historical information of how each part of the site has been used in the past;

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

(iii)An assessment of the potential risks to:

a)      Human health,

b)      Properly (existing or proposed) including buildings, crops, livestock, etc, woodland and service lines and pipes,

c)      Adjoining land,

d)     Groundwaters and surface waters,

e)      Ecological systems

f)       Archaeological sites and ancient monuments;

iv) An appraisal of remedial options, and proposal of the preferred option(s). This shall include timescales and phasing of remediation works.

This must be conducted by a competent person and in accordance with 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.

REASON:  To ensure that the site is suitable for use having regard to the former uses of the site and land within the surrounding area which has the potential to have implications for human health, in accordance with policy D2 of the Maldon District Local Development Plan and the NPPF.

5                    No development shall commence, other than where necessary to carry out additional investigation, until 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 has been submitted to and approved in writing by the local planning authority. 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. The development hereby permitted shall not commence until the measures set out in the approved scheme have been implemented, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority may give approval for the commencement of development prior to the completion of the remedial measures when it is deemed necessary to do so in order to complete the agreed remediation scheme. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.This shall be conducted in accordance with the Essex Contaminated Land Consortium's 'Land Affected by Contamination: Technical Guidance for Applicants and Developers' and DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. The development hereby permitted shall not commence until the measures set out in the approved report have been implemented.

REASON:  To ensure that the site is suitable for use having regard to the former uses of the site and land within the surrounding area which has the potential to have implications for human health, in accordance with policy D2 of the Maldon District Local Development Plan and the NPPF.

6                    The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that 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 commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced and submitted to the Local Planning Authority for approval.

The written verification shall include that:

i) All contaminated material removed from the site is removed by an appropriate licensed contractor to a facility approved by the Environment Agency

ii) All imported material is suitable for its intended use

iii) All agreed remediation measures identified as necessary in the contaminated land assessment have been undertaken to render the site suitable for the use specified

This must be conducted by a competent person and in accordance with 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.

REASON:  To ensure that the site is suitable for use having regard to the former uses of the site and land within the surrounding area which has the potential to have implications for human health, in accordance with policy D2 of the Maldon District Local Development Plan and the NPPF.

7                    The development hereby approved shall not commence unless and until the details of a scheme to provide sound insulation against internally generated noise shall be submitted to and approved in writing by the local planning authority. The scheme as approved shall be installed prior to the first use of the building hereby approved and retained as such thereafter.

REASON:  To protect the amenities of nearby residential properties in accordance with policies D1 and D2 of the Maldon District Local Development Plan.

8                    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 prior to first use/occupation of the development hereby approved.  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.

REASON: 

To ensure the development is undertaken in a manner that contributes positively to the character and appearance of the site and the surrounding area in accordance with policy D1 of the Maldon District Local Development Plan.

9                    Full details of both hard and soft landscape works shall be submitted to and approved in writing by the local planning authority prior to any works occurring above ground level at the application site. These details shall include, for example:

i.    Proposes finished levels contours;

ii.   Means of enclosure;

iii.   Car parking layouts;

iv.  Other vehicle and pedestrian access and circulation areas;

v.   Hard surfacing materials;

vi. Minor artefacts and structures (e.g furniture, play equipment, refuse or other storage units, signs, lighting);

vii. Proposed and existing functional services above and below ground (e.g drainage power, communications cables,  pipelines etc,  indicating lines, manholes, supports);

viii.Retained historic landscape features and proposals for restoration, where relevant.

The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the occupation of any part of the development hereby approved unless otherwise 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.

The hard landscape works shall be carried out as approved prior to the first use / occupation of the development hereby approved and retained and maintained as such thereafter.

REASON:  To ensure the development is undertaken in a manner that contributes positively to the character and appearance of the site and the surrounding area in accordance with policy D1 of the Maldon District Local Development Plan.

10                The premises shall not be open for customers outside the following hours:

09:00-21:00 Mondays - Fridays

09:00-18:00 Saturdays and Sundays.

No customers shall be present upon the premises outside the permitted hours.

REASON:  To protect the amenities of nearby residential properties in accordance with policies D1 and D2 of the Maldon District Local Development Plan.

11                All tree protection measures shown on plan 1820/2/206 Rev R shall be installed throughout the construction period of the development hereby approved unless otherwise agreed in writing by the Local Planning Authority.

REASON:  To ensure the development is undertaken in a manner that ensures that trees at the site continue to contribute positively to the character and appearance of the site and the surrounding area in accordance with policy D1 of the Maldon District Local Development Plan.