Decision Maker: Planning and Licensing Committee
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Planning permission was being sought for the demolition of a part two storey part single storey range of buildings at 1-2 Seven Arches formally used as a registry office and temporary council offices during the Town Hall redevelopment. Following the completion of the Town Hall redevelopment, the building is now redundant and remains vacant. This proposal seeks to redevelop the site to include the construction of a replacement three
storey building comprising a mix of 11 one and two bed residential units (9 x 2 bed and 2 x 1 bed), together with associated vehicle and cycle parking, amenity provision, landscaping and refuse storage.
The application had been submitted to Brentwood Borough Council on behalf of Brentwood Development Partnership (the applicant) which is a joint venture between Morgan Sindall Investments Limited (MSIL) and Seven Arches Investment Limited (SAIL). A linked application had been submitted at Maple Close (application ref: 20/01809/FUL) for the construction of 9 residential units and a replacement community hall. The Maple Close development will act as the affordable housing donor site for the 1-2 Seven Arches Road development, which will be detailed further in the report below. The
applications should therefore be considered in tandem, since they are independent on meeting compliance for affordable housing requirements.
Ms Outram, Senior Planning Officer, presented the report to Members.
Cllr Dr Barrett, Ward Councillor, raised concerns regarding the affordable housing element in that the development was deficient in the affordable housing provision by two homes, offset by a S106 financial contribution. Both Ms Outram and Mr Winslett, Strategic Housing Development Director, confirmed that they were satisfied that the 35% contribution to affordable housing was being met across the two development sites.
Concerns were also raised regarding the building line and other issues. However, Ms McAllister, Design Officer, reiterated that extensive pre-app work had taken place and the development had been subject to Essex Quality review panel and planning officers on balance were satisfied with the design.
Cllr Cloke MOVED and Cllr McCheyne SECONDED that the application be APPROVED. A vote was taken and Members voted as follows:
FOR: Cllrs Bridge, J Cloke, Jakobsson, McCheyne, Tanner and Tierney (6)
AGAINST: (0) Cllrs Dr Barrett, Chilvers, Haigh and Mynott (4)
ABSTAIN: (0) Cllrs Fryd and Keeble (2)
The application was APPROVED subject to the following conditions:
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 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.
No development above ground level shall take place until details of the materials to be used in the construction of the external surfaces of the building hereby permitted 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
4 Brickwork Sample Panels and Entrance Details
No development above ground level shall take place until further details of the
brickwork, including brick patterns; to be used in the development has been
submitted to and approved in writing by the local planning authority. The details shall include: sample panels of the proposed brickwork to include mortar colour and pointing, and details of elevational treatment of entrance gable. Development shall be carried out in accordance with the approved details.
Reason: In order to safeguard the character and appearance of the area.
5 Architectural Details
Additional drawings that show details of proposed new windows, oriel windows, doors, eaves, verges, cills and balconies, to be used by section and elevation at scales between 1:20 and 1:1 as appropriate, shall be submitted to and approved by the Local Planning Authority in writing prior to any development above ground level.
Fenestration reveals should be no less than 75mm. The development shall be
carried out in strict accordance with the approved details.
Reason: In order to safeguard the character and appearance of the area.
6 SIT01 Site levels - to be submitted
Details of existing and proposed site levels and the finished floor levels of the
proposed buildings shall be submitted to and approved in writing by the Local
Planning Authority prior to the commencement of the development hereby
permitted, excluding demolition. Construction shall be in strict accordance with the approved details.
Reason: To safeguard the character and appearance of the area and the living conditions of nearby residents.
Prior to the occupation 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 also include details of all surfacing materials. The landscaping scheme shall be completed during the first planting season after the date on which any part of the development is commenced or 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.
8 Construction Environment Management Plan (CEMP)
No development shall commence, including works of demolition until a Construction Environment Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP should define best practice measures for ecological protection (in particular badgers) as well as protection methods of retained trees. The demolition and construction works shall be completed in accordance with the information agreed within the CEMP by the Local Planning Authority.
Reason: to ensure that appropriate measures are undertaken to ensure any
disturbance to protected species is mitigated and to ensure trees are not harmed in the interests of visual amenity.
9 Bird Boxes
The provision of 2x Swift Boxes and/or Sparrow Terrace (or similar product) shall be incorporated into/onto walls of the proposed building to provide additional nesting opportunities, details of which shall be submitted to and approved by the Local Planning Authority in writing prior to occupation of the development. The proposed boxes shall be located away from human/lighting disturbance and at least 1.8m from ground on east or north facing aspects, prior to the occupation of the development. The boxes shall be maintained and retained in perpetuity.
Reason: In order to provide a biodiversity net-gain in the interests of sustainable development.
10 Boundary Treatments and Lighting
The development shall not be occupied until details of external lighting and the treatment of all boundaries (including existing boundary treatments); to include drawings of any gates, fences, walls or other means of enclosure have been submitted to and approved in writing by the local planning authority. The approved boundary treatments and lighting shall be completed prior to the first occupation of the development and shall thereafter be permanently retained and maintained.
Reason: In the interests of safeguarding the character and appearance of the area and living conditions of adjacent occupiers.
11 Noise Insulation
No development above ground level shall commence until a scheme for noise
insulation including a specification for suitable glazing and ventilation to meet the target levels set out in BS8233:2014, [e.g. 30dB LAeq, 1hour night time and 35dB LAeq, 16 hour daytime] has been submitted to and approved in writing by the local planning authority.
Reason: In order to safeguard the living conditions of future occupiers of the
12 Compliance with Window Spec
Prior to occupation of the development a document demonstrating that the windows to the agreed specification of condition 11 have been installed shall be submitted to and approved in writing by the local planning authority. The approved windows shall be retained in perpetuity and not be altered in any way unless agreed in writing by the local planning authority.
Reason: In order to safeguard the living conditions of future occupiers of the
13 Contamination Validation Report
Prior to the occupation of the development a validation report shall be submitted to the local planning authority and approved in writing to confirm that the required contamination remediation as identified in the approved contamination assessment:
Ref: CRM.1833.001.GE.R.003.A by Enzygo Geoenvironmental Ltd; has been
Reason: To ensure that any potential contamination and any risks arising are
properly assessed and that the development incorporates any necessary
remediation and subsequent management measures to satisfactorily deal with
14 Secure by Design
Prior to the occupation of the development further details of access and security shall be submitted to an approved in writing by the local planning authority. Details shall include but not be limited to: postal arrangements and mailboxes, security arrangements for the cycle and refuse storage facilities and residential access control of communal doors.
Reason: In the interests of secure by design and providing and safe and secure development for future occupiers.
15 Refuse Strategy and Management Plan
Prior to the occupation of the development details of a refuse strategy and
management plan shall be submitted to and approved in writing by the local
planning authority. The development shall be completed in accordance with
approved details and shall not be amended unless agreed in writing by the local planning authority.
Reason: To ensure that adequate provision is made in interests of future occupiers of development and to safeguard the character and appearance of the area.
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 parking of vehicles of site operatives and visitors
ii. loading and unloading of plant and materials
iii. storage of plant and materials used in constructing the development
iv. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate
v. wheel washing facilities
vi. measures to control the emission of dust and dirt during construction
vii.a scheme for recycling/disposing of waste resulting from demolition and
viii. hours of working and hours during which deliveries may be taken at the
Reason: In the interests of highway safety, visual and neighbour amenity.
17 Vehicular Parking
The proposed development shall not be occupied until such time as the vehicle parking areas indicated on planning drawing 153762-STL-P_110/B, including any parking spaces for the mobility impaired, have been hard surfaced, sealed and marked out in parking bays and provision shall be made for EV charge points, details of which shall be submitted to and approved in writing by the local planning authority. The vehicle parking area and associated turning area shall be retained in this form at all times. 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 unless otherwise agreed with the Local Planning Authority.
Reason: To ensure that on street parking of vehicles in the adjoining streets does not occur in the interests of highway safety and that appropriate parking is provided.
18 Cycle Parking
Prior to the occupation of the development, the cycle parking as shown on drawing 153762-STL-P_110/B; shall be provided in accordance with the EPOA Parking Standards. The approved facility shall be secure, convenient, covered and retained at all times.
Reason: To ensure appropriate cycle parking is provided in the interest of highway safety and amenity.
19 Residential Travel Packs
Prior to first occupation 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, to include six one day travel vouchers for use with the relevant local public transport operator. These packs (including tickets) are to be provided by the Developer to each dwelling free of charge.
Reason: In the interests of reducing the need to travel by car and promoting
sustainable development and transport.
20 Surface water drainage scheme
No works except demolition shall takes 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:
-The required allowance of urban creep (additional10% of roof area) should be included in storage calculation.
-Provide sufficient storage to ensure no off site flooding as a result of the
development during all storm events up to and including the 1 in 100 year plus 40% climate change event.
-Demonstrate that all storage features can half empty within 24 hours for the 1 in 30 plus 40% climate change critical storm event.
-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.
Reason/s: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site. To ensure the effective operation of SuDS features over the lifetime of the development. To provide mitigation of any environmental harm which may be caused to the local water environment. Failure to provide the above required information before commencement of works may result in a system being installed that is not sufficient to deal with surface water occurring during rainfall events and may lead to increased flood risk and pollution hazard from the site.
21 Renewable Energy
Prior to any works above ground level, a sustainability and energy strategy to
include further details of the number and location of renewable energy features, such as PV panels and a technical specification of the proposed heating system to be used shall be submitted to and approved in writing by the local planning authority. The development shall be carried out strictly in accordance with the approved details.
Reason: In order to maximise renewable energy and efficiency in the interests of sustainable development.
Reason for approval: The proposal would accord with the relevant policies of the development plan as set out below.
The permitted development must be carried out in accordance with the approved drawings and specification. If you wish to amend your proposal you will need formal permission from the Council. The method of obtaining permission depends
on the nature of the amendment and you are advised to refer to the Council’s web site or take professional advice before making your application.
The following development plan policies contained in the Brentwood Replacement Local Plan 2005 are relevant to this decision: CP1, C5, T2, T5, H9, H6, H14, LT4, LT8, PC4, IR5, National Planning Policy Framework (NPPF) 2019 and NPPG 2014.
The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance
with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.
5 Thames Water
The applicant is advised that if the development proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required. Should you require further information please refer to our website.
6 Secure By Design
Essex Police, provide a free, impartial advice service to applicants who require advice on Crime Prevention Through Environmental Design and Secured by Design and we would welcome the opportunity to meet with the applicant to discuss the security design aspects of the application to ensure provision of a safe and secure environment for potential residents Contact with Essex Police Designing Out Crime team is via email@example.com
7 Highway Works
Arrangement shall be made for surface water drainage to be intercepted and
disposed of separately so that it does not discharge from or onto the highway. 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.
Essex County Council has a duty to maintain a register and record of assets which have a significant impact on the risk of flooding. In order to capture proposed SuDs which may form part of the future register, a copy of the SuDS assets in a GIS layer should be sent to firstname.lastname@example.org.
Any drainage features proposed for adoption by Essex County Council should be consulted on with the relevant Highways Development Management Office. Changes to existing water courses may require separate consent under the Land Drainage Act before works take place. More information about consenting can be found in the attached standing advice note.
It is the applicant's responsibility to check that they are complying with common law if the drainage scheme proposes to discharge into an off-site ditch/pipe. The applicant should seek consent where appropriate from other downstream riparian landowners.
The Ministerial Statement made on 18th December 2014 (ref. HCWS161) states that the final decision regarding the viability and reasonableness of maintenance requirements lies with the LPA. It is not within the scope of the LLFA to comment on the overall viability of a scheme as the decision is based on a range of issues which are outside of this authority's area of expertise. We will advise on the acceptability of surface water and the information submitted on all planning applications submitted after the 15th of April 2015 based on the key documents listed within this letter. This includes applications which have been previously submitted as part of an earlier stage of the planning process and granted planning permission based on historic requirements. The Local Planning Authority should use the information submitted within this response in conjunction with any other relevant information submitted as part of this application or as part of preceding applications to make a balanced decision based on the available information.
Report author: Tessa Outram
Publication date: 09/04/2021
Date of decision: 18/03/2021
Decided at meeting: 18/03/2021 - Planning and Licensing Committee