To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.
Tillingham Hall Farm, North Street, Tillingham, Essex
Demolition of existing agricultural buildings and erection of up to 24 No. residential dwellings with access.
The Dean & Chapter Of St Paul's Cathedral
Mr Steven Sensecall - Carter Jonas
Target Decision Date
15.04.2019 (EoT agreed: 21.06.2019)
Reason for Referral to the Committee / Council
Following the Officer’s presentation, an Objector, Mr Mick Hamblion and the Agent Mr Steven Sensecall, addressed the meeting.
A debate ensued where both the merits and demerits of the application were discussed. Some concerns were raised including issues around highway safety and NHS provision. However, in respect of highway safety, the Highway Authority had been consulted and raised no objection in terms of highway safety, efficiency and accessibility of the site. With reference to NHS provision/contribution the Lead Specialist Place advised the Committee that the NHS only consider contributions in respect of developments of 50 and above properties.
Members acknowledged that this application had been through a number of iterations, that the applicant had fulfilled all the required criteria and come back with a solution for the provision of affordable housing, which made the development policy compliant.
Councillor Fluker proposed that the application be approved in accordance with the Officer’s recommendation. The Chairman put the proposal to approve subject to the applicant entering into a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the planning obligations and subject to conditions as detailed in Section 8 of the report to the Committee. Upon a vote being taken this was approved.
RESOLVED that the application be APPROVED subject to the aforementioned legal agreement together with the following Heads of Terms and conditions:
HEADS OF TERMS OF ANY SECTION 106 AGREEMENT:
• To provide on-site affordable housing contribution of 25% (6 units) in accordance with Policy H1.
• To pay the Education Contribution of £43,903.44 index linked to April 2019 to the County Council on or before the occupation date.
• To pay a contribution of £122.30 per dwelling towards RAMS (Essex Coastal Recreational Avoidance and Mitigation Strategy).
1 Details of the appearance, landscaping and scale (hereinafter called “the reserved matters”) shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved.
Application(s) for approval of the reserved matters shall be made to the Local Planning Authority no later than three years from the date of this permission.
The development hereby permitted shall begin no later than two years from the date of approval of the last of the reserved matters to be approved.
2 As part of the reserved matters 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 LPA. The screening as approved shall be constructed prior to the first use/occupation of the development to which it relates and be retained in perpetuity as such thereafter.
3 The landscaping details referred to in Condition 1 shall provide full details and specifications of both hard and soft landscape works, including retention of the existing trees as stated in the Arboricultural Impact Assessment (dated 30.10.2018), which shall be submitted to and approved in writing by the LPA. 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.
All of the hedgerow boundaries shall be retained and maintained at all times thereafter, unless otherwise agreed with the LPA.
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, 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 LPA.
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 LPA. 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, destroyed, dies, or becomes, in the opinion of the LPA, 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.
4 The development hereby permitted shall not be first occupied/provided with connection to utility services until such time as the vehicle parking area indicated on the approved plan no 2017-919-002 rev B, including any parking spaces for the mobility impaired, has been hard surfaced, sealed and marked out in parking bays. The vehicle parking areas shall be retained in this form at all times. The vehicle parking areas shall not be used for any purpose other than the parking of vehicles that are related to the use of the approved development.
5 No dwelling hereby approved shall exceed two storeys in height..
6 The dwelling mix for the development hereby approved shall accord with the following stated housing mix:
• 17 two-bedroom dwellings (of which 2, two-bedroom bungalows)
• 5 three-bedroom dwellings
• 2 four-bedroom dwellings
7 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 qualified 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 LPA.
8 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 LPA. 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 LPA. The LPA 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 LPA 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.
9 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 LPA. The LPA 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 LPA for
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.
10 No works shall take place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme should include but not be limited to:
• Verification of the suitability of infiltration of surface water for the development. This should be based on infiltration tests that have been undertaken in accordance with BRE 365 testing procedure.
• Final modelling and calculations for all areas of the drainage system.
• Detailed engineering drawings of each component of the drainage scheme.
• A final drainage plan which details exceedance and conveyance routes, FFL and ground levels, and location and sizing of any drainage features.
• A written report summarising the final strategy and highlighting any minor changes to the approved strategy.
The scheme shall subsequently be implemented prior to occupation.
11 No works shall take place until a scheme to minimise the risk of off-site flooding caused by surface water run-off and groundwater during construction works and prevent pollution has been submitted to, and approved in writing by, the local planning authority. The scheme shall subsequently be implemented as approved.
12 No building shall be occupied until details of a foul drainage scheme to serve the development have been submitted to and agreed in writing by the LPA. The agreed scheme shall be implemented prior to the first occupation of the development.
13 No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the LPA. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:
The parking of vehicles of site operatives and visitors
Loading and unloading of plant and materials
Storage of plant and materials used in constructing the development
Wheel washing facilities
14 The proposed main vehicle access shall be provided as shown in Drawing L641-001 (Proposed Access Arrangements) to include site visibility splays of 2.4m x 72 metres to the north and 2.4m x 47 metres to the south as measured from and along the nearside edge of the kerb.
15 Any redundant site accesses shall be permanently closed incorporating the reinstatement to full height of the kerbing immediately the proposed access is brought into first beneficial use.
16 No dwelling hereby approved shall be occupied until facilities for the secure storage of cycles have been provided in accordance with details to be submitted to and approved in writing by the local planning authority.
17 Prior to first occupation of the residential aspect of the proposed development, the Developer shall be responsible for the provision, implementation and distribution of a Residential Travel Information Pack for sustainable transport, approved by Essex County Council. These packs are to be provided by the Developer to each dwelling free of charge.
18 Prior to the occupation of the development an Arboricultural Method Statement and Arboricultural Supervision Schedule shall be submitted to and approved in writing by the LPA. No other trees shall be removed or fell unless otherwise agreed in writing by the LPA.
19 No development shall take place until a Written Scheme of Investigation of archaeology shall have been submitted to and approved in writing by the LPA. No development shall take place other than in accordance with the Written Scheme of Investigation.
20 Notwithstanding the details submitted in the Design and Access Statement, a Waste Management Plan shall be submitted to as part of the reserved matters application(s).
21 A strategy to facilitate superfast broadband for the future occupants of the dwellings hereby approved, either through below ground infrastructure or other means should be submitted to the LPA for approval in writing. The method to facilitate superfast broadband shall be implemented in accordance with the approved strategy prior to the occupation of the appropriate building.
22 An external fast charging point shall be provided adjacent to at least 1 parking space for each dwelling hereby approved.
23 No development shall commence until full details of an ecological mitigation scheme have been submitted to and approved in writing by the LPA. The ecological mitigation scheme shall follow the recommendations set out in the submitted Extended Phase 1 Habitat Survey (dated 27 March 2018), Bat Survey Report (dated 18 October 2018) and great Crested Newt Survey Report (dated 26 June 2018). The scheme shall be fully implemented and subsequently maintained, in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the LPA.
24 No dwelling shall be occupied until a scheme detailing ecological enhancements has been submitted to and approved by the LPA. Such details shall include ecological enhancements including the provision of bird and bat boxes. The ecological enhancements as agreed shall be implemented as approved and retain as such thereafter for a minimum period of five years from the date of completion of the development.
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 The applicant must ensure that the work is undertaken in accordance with the Control of Asbestos Regulations 2012 and its Approved Code of Practice which is regulated by the Health and Safety Executive. Under this Duty holders must complete a risk assessments and an asbestos management plan prior to the commencement of the works. The risk assessment will determine whether the works are licensed, notifiable non-licenced work or non-licensed. it will also require that prior to demolition a refurbishment/demolition survey will be required to ensure that nobody will be harmed and the works will be undertaken in the correct way. For further information please see the HSE's website.
It is also recommended that the council's Building Control department is notified of any demolition in order that requirements can be made under the Building Act 1984.
3 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.
4 All work within or affecting the highway is to be laid out and constructed by prior arrangement with, and to the requirements and satisfaction of, the Highway Authority, details to be agreed before the commencement of works.
The applicants should be advised to contact the Development Management Team by email at email@example.com or by post to:
SMO2 - Essex Highways,
Springfield Highways Depot,
5 You are advised that samples of the facing materials to be used, including glazing, would be beneficial to be submitted with your reserved maters application to allow full assessed of the proposal, given its location within the Tillingham Conservation Area. Detailed drawings of the windows and doors to be used in the development, including elevations at 1:20 and section details at 1:2, would be required to be submitted to fully assess the design of the proposed dwellings. Notwithstanding the approved drawings, all garage doors should be of painted timber and side-hung.
6 You are advised that the development submitted as part of a reserved maters application would need to match the indicative streetscene elevations submitted with the current outline application and also reflect the character of the conservation area.