Agenda item

FUL/MAL/00230 - Asheldham Pit, Southminster Road, Asheldham, Essex

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

 

Minutes:

Application Number

FUL/MAL/18/00230

Location

Asheldham Pit, Southminster Road, Asheldham, Essex

Proposal

Erection of an education centre, tea room, 6x holiday log cabins, 1x staff/workers accommodation, 1x welfare cabin, 6x fish breeding pods and associated hard-standing, parking and access point.

Applicant

Mrs Lisa Brown

Agent

Mr Chris Moore - Plainview Planning LTD

Target Decision Date

31.07.2018 (EOT agreed: 18.01.2019)

Case Officer

Anna Tastsoglou

Parish

ASHELDHAM 

Reason for Referral to the Committee / Council

Major Application

Member Call In – The item has been called in by Councillor R P F Dewick on the grounds of public interest.

Following the Officer’s presentation the Members debated the application.

 

It was noted that this was a sustainable location and that this judgement was supported by both the South Eastern Area Planning Committee (evidenced through previous approvals) and the Planning Inspector. There would be no adverse visible impact upon the character and appearance of the area and no objections had been received from the Council’s Environmental Health Officer. Furthermore, the Committee acknowledged the importance of supporting local businesses and the added value of an Education Centre for young people.

 

Councillor A S Fluker proposed that, subject to the site access coming from Tillingham Road and not Rushes Lane, the application be approved contrary to the Officer’s recommendation and this was duly seconded by Councillor Mrs B F Acevedo.

 

It was agreed that given the complexity of the application the conditions be delegated to Officers and agreed by the Chairman.

 

The Chairman put the proposal to the Committee and upon a vote being taken the application was approved contrary to the Officer’s recommendation and subject to conditions being agreed by both the Chairman and Officers following the meeting.

 

Councillors R G Boyce and R Pratt asked that it be noted that they did not partake in either the discussion or voting for the reasons outlined under Agenda Item ‘Declarations of Interest’.

 

Councillor Mrs P A Channer also wished it noted that she did not comment or vote on this application for reasons relating to the Local Development Plan and the correspondence from Essex County Council.

 

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.

2          The development hereby permitted shall be carried out in complete accordance with approved drawings 3210.11; 3210.12A; 3210.13; 3210.14; 3210.01A; 3210.09; 3210.07B; 3210.08B; 3210.02A; 3210.03A; 3210.04A; 3210.05; 3210.06 and 3210.10.

3          No works above ground level shall take place until details of the boundary treatment 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 and be retained as such in perpetuity.

4          The development thereby approved shall be carried out in accordance with the details of the Tree Removal and Protection Map and Arboricultural Method Statement submitted as part of the Arboricultural Survey and Protection Report (February 2018 Version 2). No other trees shall be removed or fell.

5          The existing hedgerows and trees along the boundaries and within the application site shall be protected during the construction of the development.

6          The development hereby approved shall be undertaken in accordance with the terms and specifications contained within the Ecology Report (dated October 2018, Report Reference MH775 EXC Version Final-Dated 30/10/2018) which is attached to and forms part of this permission.

7          Deliveries and/or removal of goods and materials shall only take place between the hours of:

           Monday to Saturday - 0700 hours until 1900 hours

           Sundays & Bank Holidays - No Deliveries.

8          As shown in Drawing SK01 in Appendix D of the Transport Statement, the site access junction at its centre line shall be provided with visibility splays with dimensions of 2.4 metres by 94 metres to the east and 2.4 metres by 91 metres to the south on Tillingham Road, as measured from and along the nearside edge of the carriageway. Such vehicular visibility splays shall be retained free of any obstruction in perpetuity.

9          Details of the vehicle parking area indicated on the approved plan no. 3210.07B, including details of the materials and soft landscaping, shall be submitted to and approved in writing by the local planning authority. The vehicle parking area shall be implemented in accordance with the approved details within six months of the approval and retained as such in perpetuity. The vehicle parking shall not be used for any purpose other than the parking of vehicles that are related to the use of the development.

10        Unless within three months of the date of this decision details of cycle parking provided in accordance with Maldon District Council’s adopted standards, is submitted in writing to the local planning authority for approval, and unless the approved details are implemented within 6 months of the local planning authority’s approval, the use hereby approved shall cease until such time as details are approved and implemented.

11        The development hereby approved, with the exception of the occupiers of the workers dwelling, shall only be accessed via the south vehicle access onto Tillingham Road unless otherwise agreed with the Local Planning Authority.

12        The occupation of the approved workers dwelling shall be limited to a person/persons solely or mainly working in association with the use of the site hereby approved.

13        If the use of the site hereby approved cease, the structures and associated storage and paraphernalia used for the purposes of the workers dwelling shall be removed within three months of the cease date.

14        The use of the workers dwelling hereby permitted shall cease and all structures and associated storage and paraphernalia for the purposes of such use shall be removed within two months of the date of failure to meet any one of the requirements set out in (i) to (iv) below:-

i.          within three months of the date of this decision details of the foul drainage scheme to serve the workers dwelling shall have been submitted for the written approval of the local planning authority and the scheme shall include a timetable for its implementation

ii.        if within 11 months of the date of this decision the local planning authority refuse to approve the details or fail to give a decision within the prescribed period, an appeal shall have been made to, and accepted as validly made by, the Secretary of State

iii.       if an appeal is made in pursuance of (ii) above, that appeal shall have been finally determined and the submitted scheme shall have been approved by the Secretary of State

iv.        the approved scheme shall have been carried out and completed in accordance with the approved timetable.

15        The use of the workers dwelling hereby permitted shall cease and all structures and associated storage and paraphernalia for the purposes of such use shall be removed within two months of the date of failure to meet any one of the requirements set out in (i) to (iv) below:-

i.          within three months of the date of this decision details of the external lighting strategy for the site including the luminance and spread of light and the design and specification of the light fittings shall be submitted to and approved in writing by the Local Planning Authority and the details shall include a timetable for their implementation

ii.        if within 11 months of the date of this decision the local planning authority refuse to approve the details or fail to give a decision within the prescribed period, an appeal shall have been made to, and accepted as validly made by, the Secretary of State

iii.       if an appeal is made in pursuance of (ii) above, that appeal shall have been finally determined and the submitted scheme shall have been approved by the Secretary of State

iv.        the approved scheme shall have been carried out and completed in accordance with the approved timetable.

16        The education centre hereby approved shall only be used as a non-residential education and training centre and for no other purposes falling within Use Class D1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 as amended (or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that Order).

17        No development works above ground level in relation to the education centre hereby approved shall take place until details or samples of the facing materials 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.

To ensure the external appearance of the development is appropriate to the locality in accordance with policy D1 of the approved Maldon District Local Development Plan and the guidance contained in the Maldon District Design Guide SPD.

18        No works above ground level in relation to the education centre hereby approved shall commence until there shall have been submitted to and approved in writing by the local planning authority a scheme of hard and soft landscaping. The scheme shall include indications of all existing trees and hedgerows on the land, identify those to be retained and set out measures for their protection throughout the course of development.

 

The hard landscape works shall be carried out as approved prior to the occupation of the development hereby approved.

 

All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

19        Prior to any above ground level works associated with the education centre hereby approved, 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) or 50% betterment of existing run off rates on brownfield sites (provided this does not result in a runoff rate less than greenfield)

You are advised that 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.

20        Prior to any above ground level works associated with the education centre hereby approved, details of the foul drainage scheme to serve the education centre 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.

21        Prior to the use of the education centre hereby approved details of the waste management plan and position of the proposed refuse and recycling bins, including timeline for their implementation, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and retained as such in perpetuity.

22        Prior to any above ground level works associated with the education centre details of the external lighting strategy for the site including the luminance and spread of light and the design and specification of the light fittings shall be submitted to and approved in writing by the Local Planning Authority. All illumination within the site shall be retained in accordance with the approved details.

23        No holiday lodges hereby approved shall be used as a person’s sole or main place of residence.

24        The holiday lodges shall be used for holiday purposes only.

25        The owners/operators shall maintain an up to date register of the names of all owners/occupiers of individual holiday lodges on the site, and of their main home addresses, and shall make this information available at all reasonable time to the Local Planning Authority.

26        No development works above ground level in relation to the holiday lodges hereby approved shall take place until details or samples of the facing materials 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.

27        No works above ground level in relation to the holiday lodges hereby approved shall commence until there shall have been submitted to and approved in writing by the local planning authority a scheme of hard and soft landscaping. The scheme shall include indications of all existing trees and hedgerows on the land, identify those to be retained and set out measures for their protection throughout the course of development.

 

The hard landscape works shall be carried out as approved prior to the occupation of the development hereby approved.

 

All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

28        Prior to any above ground level works associated with the holiday lodges hereby approved, 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) or 50% betterment of existing run off rates on brownfield sites (provided this does not result in a runoff rate less than greenfield)

You are advised that 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.

29        Prior to any above ground level works associated with the holiday lodges hereby approved, details of the foul drainage scheme to serve the holiday lodges 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.

30        Prior to the use of the holiday lodges hereby approved details of the waste management plan and position of the proposed refuse and recycling bins, including timeline for their implementation, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and retained as such in perpetuity.

31        Prior to any above ground level works associated with the holiday lodges details of the external lighting strategy for the site including the luminance and spread of light and the design and specification of the light fittings shall be submitted to and approved in writing by the Local Planning Authority. All illumination within the site shall be retained in accordance with the approved details.

32        Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking or re-enacting that Order), the proposed tea room shall only be used for purposes falling within Use Class A3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 as amended (or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that Order) and for no other purpose.

33        No development works above ground level in relation to the tea room hereby approved shall take place until details or samples of the facing materials 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.

34        No works above ground level in relation to the tea room hereby approved shall commence until there shall have been submitted to and approved in writing by the local planning authority a scheme of hard and soft landscaping. The scheme shall include indications of all existing trees and hedgerows on the land, identify those to be retained and set out measures for their protection throughout the course of development.

 

The hard landscape works shall be carried out as approved prior to the occupation of the development hereby approved.

 

All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

35        Prior to any above ground level works associated with the tea room hereby approved, 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) or 50% betterment of existing run off rates on brownfield sites (provided this does not result in a runoff rate less than greenfield)

You are advised that 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.

36        Prior to any above ground level works associated with the tea room hereby approved, details of the foul drainage scheme to serve the tea room 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.

37        Prior to the use of the tea room hereby approved details of the waste management plan and position of the proposed refuse and recycling bins, including timeline for their implementation, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and retained as such in perpetuity.

38        The tea room shall only be used for the purposes hereby approved between the hours of:

           0800 hours until 1800 hours (Monday to Sunday)

39        The noise level arising from any external music played at the tea room (LAeq) shall not exceed the background level (LA90) when measured from the boundary of the nearest noise-sensitive dwelling (Deansbrook Farm, Southminster Road, Asheldham, Essex, CM0 7DZ) and be carried out in accordance with the methodology contained in BS4142:2014.

40        Prior to any above ground level works associated with the tea room details of the external lighting strategy for the site including the luminance and spread of light and the design and specification of the light fittings shall be submitted to and approved in writing by the Local Planning Authority. All illumination within the site shall be retained in accordance with the approved details.

41        The welfare centre hereby approved shall only be used for purposes incidental to the use of the site hereby approved and for no other purposes.

42        The use of the welfare centre hereby permitted shall cease and all structures and associated paraphernalia for the purposes of such use shall be removed within two months of the date of failure to meet any one of the requirements set out in (i) to (iv) below:-

iii.       within three months of the date of this decision details of the external lighting strategy for the site including the luminance and spread of light and the design and specification of the light fittings shall be submitted to and approved in writing by the Local Planning Authority and the details shall include a timetable for their implementation

ii.        if within 11 months of the date of this decision the local planning authority refuse to approve the details or fail to give a decision within the prescribed period, an appeal shall have been made to, and accepted as validly made by, the Secretary of State

iii.       if an appeal is made in pursuance of (ii) above, that appeal shall have been finally determined and the submitted scheme shall have been approved by the Secretary of State

iv.        the approved scheme shall have been carried out and completed in accordance with the approved timetable.

 

INFORMATIVES

 

1          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.

 

2          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.

Supporting documents: