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Agenda item

Leverton Hall, Dark Lane, Warley, Essex, CM14 5LL, Applications Nos: 16/00999/FUL and 16/01000/LBC

Description 1) Change of use, conversion and extension of existing building to provide 13 residential apartments; demolition of secure wing, other structures and buildings; construction of 8 detached family dwellings, parking and garaging; attenuation pond and hard and soft landscape works

 

Description 2) Conversion and extension of existing building to provide 13 residential apartments; demolition of secure wing, other structures and buildings.

Minutes:

Mr Fryett, on behalf of Great Warley Conservation Society,  was present and addressed the committee. He advised that whilst the Society supported the proposed development scheme, their concern was for the effect the additional traffic would have on those using the already hazardous Dark Lane including drivers, pedestrians and horse riders and requested an improved traffic scheme be considered.

 

Mr Barrett, a resident of Dark Lane, was present and addressed the committee.  He  supported the proposed development but also expressed grave concern about current traffic issues in Dark Lane which would be exacerbated by additional traffic emanating from the development. 

 

Mr Firth, the Agent, was also present and addressed the committee in support of the application.

 

The Planning Officer explained that it was recommended that the opinion of an independent assessor be accepted in that the nature of this scheme made it unviable for a contribution towards Affordable Housing to be made but instead an adjustment to some of the sizes of the housing units is proposed. 

 

Councillor Hubbard expressed her concern and desire that any right-hand turns for vehicle exiting the site be discouraged.  Secondly, her heritage desires and hope that the terracotta wall plaques and outer garden wall will be retained along with a Plessy commemoration or plaque.  Thirdly, she hoped that the conditions will provide for the adequacy of the drainage culverts. 

 

After a full discussion, a motion was MOVED by Cllr McCheyne and SECONDED by Cllr Mrs Rowlands to APPROVE applications 16/00999/FUL and 16/01000/LBC, a separate vote to be taken on each application.

 

A vote was taken by a show of hands on application 16/00999/FUL.

 

FOR:  Cllrs Bridge, Mrs Coe, Faragher, Hubbard, Keeble, McCheyne, Mrs Middlehurst, Mynott, Newberry, Mrs Rowlands and Sanders (11)

 

AGAINST:  (0)

 

ABSTAIN:  (0)

 

RESOLVED UNANIMOUSLY that application16/00999/FUL is APPROVED subject to the conditions set out below also the planning officer agreeing an additional condition with the Chair,  Vice Chair for the design of the access/junction from the site to Dark Lane to be submitted. 

 

N.B. The latter was subsequently agreed and is listed below as condition 20. 

 

N.B. The conditions were renumbered to correct a drafting error in the report.   

 

A separate vote was taken by a show of hands on application 16/01000/LBC.

 

FOR:  Cllrs Bridge, Mrs Coe, Faragher, Hubbard, Keeble, McCheyne, Mrs Middlehurst, Mynott, Newberry, Mrs Rowlands and Sanders (11)

 

AGAINST:  (0)

 

ABSTAIN:  (0)

 

RESOLVED UNANIMOUSLY that application 16/01000/LBC is APPROVED subject to the conditions set out below.

 

 

Conditions for 16/00999/FUL Planning Permission:

 

1.    TIM01 Standard Time – Full

 

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 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2.    DRA01A Development is accordance with drawings

 

The development hereby permitted shall not be carried out except in complete accordance with the approved drawing(s) listed above the specifications. 

 

Reason:  To ensure that the development is as permitted by the local planning authority and for the avoidance of doubt. 

 

3.    DEM01           Demolition of buildings on site (green belt)

 

The existing building(s) or parts of buildings on the site indicated on the approved drawings and/or specifications for demolition shall be demolished and all materials arising shall permanently be removed from the site prior to the first occupation of any part of the development hereby permitted. 

 

Reason – In the interests of maintaining the openness of the Green Belt. 

 

4.    No Permitted Development (new dwellings)

 

Notwithstanding the provisions of Schedule 2, Part 1, Classes A, B, C, D, G or H of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any order revoking, re-enacting or modifying that order), the dwellings hereby permitted shall not be extended or enlarged without the prior grant of specific planning permission by the local planning authority. 

 

Reason:  To prevent a proliferation of buildings that would conflict with the policies of restraint within the Green Belt and affect the setting of the listed building. 

 

5.    RESL06         No Permitted Development for outbuildings

 

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) Order 2015 (as amended) (or any order revoking, re-enacting or modifying that Order) no development falling within Schedule 2, Part 1, Class E of that Order (e.g. buildings, enclosures, swimming or other pools) shall be carried out without the prior grant of specific planning permission by the local planning authority.  

 

Reasons:  To prevent a proliferation of buildings that would conflict with the policies of restraint within the Green belt and affect the setting of the listed building. 

 

6.    No Permitted Development for gates, walls or fences

 

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) Order 2015 (as amended) (or any order revoking, re-enacting, or modifying that Order (e.g. gates, walls or fences) shall be carried out without the prior grant of specific planning permission by the local planning authority.  

 

Reasons:  To prevent the erection of gates, walls or fences that would conflict with the policies of restraint within the Green Belt and affect the setting of the listed building. 

 

7.    No meter cupboards shall be provided on the exterior of any of the dwellings unless details of the position and design of the cupboards have previously been submitted to and approved in writing by the local planning authority. 

 

Reason:  To protect the setting of the listed building. 

 

8.    Materials

 

Notwithstanding the details indicated in the application, no development shall take place until samples of the materials to be used in the construction of the external surfaces of the buildings hereby permitted, together with details of the bond and pointing of the brickwork, windows (which shall be constructed from timber) and rainwater goods have been submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details. 

 

Reason:  In order to safeguard the character and appearance of the area. 

 

9.    MAT04           Surfacing materials

 

Details of the surfacing materials of driveways and parking area shall be submitted to and approved in writing by the local planning authority prior to the commencement of the development hereby approved and construction shall be in strict accordance therewith.

 

Reason:  In order to safeguard the character and appearance of the area and the setting of the listed building. 

 

10.Landscaping

 

Prior to the commencement of the development hereby permitted a scheme of hard and soft landscaping shall be submitted to and approved in writing by the local planning authority.  The submitted scheme shall indicate the existing trees shrubs and hedgerows to be retained, the location, species and size of all new trees, shrubs and hedgerows to be planted or transplanted, those areas to be grassed and/or paved.  The landscaping scheme shall include details of all surfacing materials and existing and proposed ground levels and all fencing or walls.  The date on which any part of the development is commenced in accordance with a programme to be agreed in writing by the local planning authority.  Any newly planted tree, shrub or hedgerow or any existing tree, shrub or hedgerow to be retained, that dies, or is uprooted, severely damaged or seriously diseased, within five years of the completion of the development, shall be replaced within the next planting season with another of the same species and of a similar size, unless the local planning authority gives prior written consent to any variation. 

 

Reason:  In order to safeguard and enhance the character and appearance of the area. 

 

11.LAN06            Protection of Trees

 

All trees and hedges to be retained, including trees outside the site whose canopies overhang the site, shall be protected by strong fencing, the location and type to be previously approved in writing by the local planning authority.  The fencing shall be erected in accordance with the approved details before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site.  Nothing shall be stored or placed within any fenced area, and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the prior written consent of the local planning authority. 

 

Reason:  In order to protect trees and hedges of importance to safeguard the character and appearance of the area. 

 

12. LAN05           Retention of existing Trees, Shrubs and Hedges

 

All existing trees, shrubs and hedgerows on the site indicated for retention on the approved drawings shall be retained and shall not be felled, lopped or topped without the prior written consent od the local planning authority.  If prior to the commencement of the development or within five years of the completion of the development, any such trees, shrubs or hedges are removed without such consent, or become severely damaged or diseased, they shall be replaced with others of a species, number, size and in positions to be carried out within the first planting season after the Council’s written agreement.  Any works to existing trees, shrubs and hedgerows may prove necessary shall be carried out in strict accordance with a written scheme to be approved in writing with the local planning authority prior to the carrying out of those works. 

 

Reason:  In order to safeguard the character and appearance of the area.             

 

13.Phasing

 

None of the new build dwellings (plots 14 to 21) shall be occupied until the works to the listed building (approved under reference 16/01000/LBC) have been occupied. 

 

Reason:  to ensure that the renovation/restoration of the listed building which is a significant benefit that weighs in favour of the overall development is carried out. 

 

14.Residential Travel Information Pack

 

Prior to occupation of the proposed development, the Developer shall be responsible for the provision and implementation of a Residential Travel Information Pack for sustainable transport as approved by Essex County Council. 

 

Reason:  In the interests of reducing the need to travel by car and promoting sustainable development and transport. 

 

15.Parking provision

 

The proposed development shall not be occupied until such time as a minimum of 3 visitor parking spaces for the proposed apartments have been hard surfaced, sealed and marked out in parking bays.  Each vehicular parking space shall have minimum dimensions of 2.9 metres x 5.5 metres.

 

Reason:  To ensure adequate space for parking off the highway is provided in the interest of highway safety. 

 

16. CON1            Construction Method Statement

 

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 local planning authority.  The approved Statement shall be adhered to throughout the construction period.  The Statement shall provide for: 

           

                       i.       The route of construction vehicles to and from the site.

                      ii.       The parking of vehicles of site operatives and visitors.

                     iii.       Loading and unloading of plant and materials.

                    iv.       Storage of plant and materials used in constructing the development.

                     v.       The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate.

                    vi.       Wheel washing facilities.

                   vii.       Measures to control the emission of dust and dirt during construction.

                  viii.       A scheme for recycling/disposing of waste resulting from demolition and construction works.

                    ix.       Hours of working and hours during which deliveries may be taken at the site.

 

Reason:  In the interests of highway safety, visual and neighbour amenity. 

 

17. 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 shall subsequently ne implemented prior to occupation and should include but not be limited to:

 

·           Groundwater testing and infiltration testing in line with BRE 365.  If infiltration is found to be unviable, run-off from the site should be restricted to 1l/s. 

·           Attenuation storage for the 1 in 100 inclusive of climate change (40%) storm event and “urban creep”. 

·           An appropriate amount of treatment in line with the CIRIA SuDS Manual C753. 

·           Final detailed modelling of the whole drainage network on site. 

·           A draining plan highlighting final conveyance and exceedance routes, location and sizing of storage features, level of outfall/s and discharge rates from the site. 

 

Reason:  The National Planning Policy Framework paragraph 103 states that local planning authorities should ensure flood risk is not increased elsewhere by development. 

 

18.No works shall take place until a scheme to minimise the risk of offsite flooding caused by surface water run-off and groundwater during construction works has been submitted to, and approved in writing by, the local planning authority.  The scheme shall subsequently be implemented.  The scheme shall be implemented as approved. 

Reason:  The National Planning Policy Framework paragraph 103 states that local planning authorities should ensure flood risk is not increased elsewhere by development. 

 

19.No works shall take place until a Maintenance Plan detailing the maintenance arrangements including who is responsible for different elements of surface water drainage system and the maintenance activities/frequencies, has been submitted to and agreed, in writing, by the Local Planning Authority.  This maintenance plan shall include yearly logs of maintenance which should be carried out in accordance with any approved Maintenance Plan.  These must be available for inspection upon a request by the Local Planning Authority.

 

Reason:  To ensure appropriate maintenance arrangements are put in place to enable the surface water drainage system to function as intended to ensure mitigation of flood risk.     

 

20.Notwithstanding the details shown on drawing 13797 GA 03 rev A none of the dwellings hereby permitted shall be occupied until details of the design of the access/junction from the site to Dark Lane have been submitted to and approved in writing by the local planning authority and implemented in accordance with the approved details.  The access/junction shall thereafter be retained as approved. 

 

Reason:  To discourage occupiers and their visitors from entering or leaving the site by travelling along the southern section of Dark Lane, in the interests of highway safety.    

 

 

 

 

 

 

Conditions for 16/01000/LBC Listed Building Consent

 

1.    TIM05 Standard Time – Listed Building Consent

 

The works hereby granted consent shall be begun on or before the expiration of three years from the date of this permission. 

 

Reason:  To comply with Section 18 of the Planning (Listed Building and Conservation Areas) Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 1990.

 

2.    DRA01A        Development in accordance with drawings

 

The development hereby permitted shall not be carried out except in complete accordance with the approved drawing(s) listed above and specifications.

 

Reason:  To ensure that the development is as permitted by the local planning authority and for the avoidance of doubt. 

 

Conservation details

 

3.    Before work begins it shall be agreed in writing with the Local Planning Authority the appropriately qualified professional specialising in conservation work who will supervise the hereby approved works of alteration or demolition.  Any proposed changes to the agreed supervision arrangements shall be subject to the prior written agreement of the LPA.

 

Reason:  To protect the architectural and historic qualities of this listed building. 

 

4.    Before work begins, details shall be approved in writing by the Local Planning Authority to ensure that precautions are taken to secure and protect the interior [and exterior] features during the building work.  The agreed measures shall be carried out in full.  No such features shall be disturbed or removed temporarily or permanently except as indicated on the approved drawings or without the prior approval in writing of the Local Planning Authority.  Particular regard should be given to the following item(s): chimney-pieces; cast guttering and hopper-heads; staircases, balusters and handrails; windows containing historic window glass; wattle and daub infill panels; vulnerable surfaces and finishes.

 

Reason:  To ensure that the development is as permitted by the local planning authority and for avoidance of doubt. 

 

5.    Before the work begins, a Fire Safety Strategy and Method Statement shall be approved by the Local Planning Authority, and the works carried out in full according to such a Statement. 

 

Reason:  To ensure that the development is as permitted by the local planning authority and for the avoidance of doubt. 

 

6.    All new external and internal works and finishes and works of making good to the retained fabric, shall match the existing original work adjacent in respect of methods, detailed execution and finished appearance unless otherwise approved in writing by the Local Planning Authority.

 

Reason:  To ensure that the development is as permitted by the local planning authority and for the avoidance of doubt.

 

7.    The new facing brickworks shall match the existing brickwork adjacent in respect of dimensions, colour, texture, face bond, and pointing unless otherwise approved in writing by the Local Planning Authority. 

 

Reason:  To ensure that the development is as permitted by the local planning authority and for the avoidance of doubt. 

 

8.    Details of the abutment of the two storey rear range to the host listed building should be submitted and must be agreed prior to the commencement of any works including below ground work.    

 

Reason:  To ensure that the development is as permitted by the local planning authority and for the avoidance of doubt. 

 

9.    The new joinery work shall match the existing joinery in respect of materials, dimensions and profiles, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To ensure that he development is as permitted by the local planning authority and for the avoidance of doubt.

 

10.Before work begins, details shall be approved in writing by the Local Planning Authority to ensure that precautions are taken to secure and protect the windows during the building work, particularly the historic window glass.  The agreed measures shall be carried out in full.  No such features shall be disturbed or damaged or removed temporarily or permanently to facilitate protection except as indicated on the approved drawings or with prior approval in writing.  Any intact historic window glass damaged during the building work shall be reported to the Local Planning Authority and shall be replaced like for like from a suitable approved source.  (Note:  conventional polished plate glass will not be acceptable).

 

Reason:  To ensure that the development is as permitted by the Local Planning Authority and for the avoidance of doubt,.         

 

11.Before work begins, a schedule showing the retention/re-use of door/door cases/windows fireplace and surrounds, decorative plaster work, panelling, windows/doors (linings and architrave)/skirting/cornice/ironmongery and so forth, shall be approved in writing by the Local Planning Authority.  

 

Reason: To ensure that he development is as permitted by the Local Planning Authority and for the avoidance of doubt.

 

12.No cleaning of masonry, other than low pressure (20-100 psi) surface cleaning using a nebulous water spray is authorised by this consent without the prior approval of the Local Planning Authority.  Before work begins, any other cleaning proposals must be approved in writing and carried out strictly in accordance with those details.  At the commencement of the cleaning, a test panel shall be undertaken in an inconspicuous position and the method recorded to the approval of the Local Planning Authority.  (Informative LBI 05).     

 

Reason:  To ensure that the development is as permitted by the local planning authority and for the avoidance of doubt. 

 

 

Supporting documents: