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Decision details

LAND AT THOBY PRIORY THOBY LANE ESSEX CM15 0TB

OUTLINE APPLICATION FOR THE DEMOLITION OF EXISTING STRUCTURES ON SITE AND THE DEVELOPMENT OF 87 RESIDENTIAL UNITS AND FORMATION OF ACCESS ROADS (APPEARANCE, LANDSCAPING, LAYOUT AND SCALE RESERVE

Decision Maker: Planning and Licensing Committee

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

Mrs Pettett was present and addressed the committee in objection of the application.

 

Mr Shackleton, was present and addressed the committee in support of the application.

 

Mr Dines, the agent was also present and addressed the committee in support of the application.

 

Cllr Cloke, spoke on behalf of Mountnessing Parish Council and although the Parish Council supports the application, they do have a few concerns; sewage, the pathway leading from the site to Coronation Playing Field, they would not wish to see affordable housing being located off site and the impact on the local schools and medical centre.

 

A motion was MOVED by Cllr Cloke and SECONDED by Cllr Wiles that the application be approved.

 

For:     Cllrs Carter, Cloke, Keeble,  McCheyne, Morrissey, Mynott, Newberry,        Poppy, Reed, Tee, Trump and Wiles (12)

 

Against: (0)

 

Abstain: (0)

 

RESOLVED UNANIMOUSLY that outline planning permission is approved subject to completion of a s106 agreement (to include an obligation relating to noise mitigation of adjoining agricultural buildings) and the following conditions.

 

1          U10511         

Approval of the details of the scale, layout and appearance of the buildings and the landscaping of the site that are reserved for later approval (hereinafter called the reserved matters) shall be obtained in writing from the Local Planning Authority before the development is commenced and the development shall be carried out as approved.

 

Reason:  To comply with Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2          TIM03Standard Time Outline  - 3 years

Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

Reason:  To comply with Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

3          TIM04Standard Time Outline - Time Limit

The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from date of approval of the last reserved matters to be approved.

 

Reason:  To comply with Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

4          U10483         

No application for approval of reserved matters shall be made without a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development. The approved scheme shall subsequently be implemented in accordance with the approved details including those in the Outline Drainage Strategy referenced BR/02, March 2015, Clark Smith Partnership and the subsequent Revised Storage calculations (Ref BR/02, 27 May 2015).

 

Reason: To prevent flooding on the proposed site and the local area by ensuring the satisfactory storage of/disposal of surface water in a range of rainfall events and to ensure the system operates as designed for the lifetime of the development.

 

5          U10480         

i. No application for approval of reserved matters shall be made before a programme of archaeological trial trenching has been secured and undertaken in accordance with a written scheme of investigation which has been submitted by the applicant, and gained the prior approval of the local planning authority.

ii. A mitigation strategy detailing the excavation/preservation strategy shall be submitted to the local planning authority following the completion of this work and no later than the submission of the application for approval of reserved matters.

iii. No development or preliminary ground works shall commence on those areas containing archaeological deposits until the satisfactory completion of fieldwork, as detailed in the mitigation strategy, and written confirmation of the satisfactory completion of fieldwork has been gained from the local planning authority.

iv. The applicant shall submit to the local planning authority a post-excavation assessment (to be submitted within six months of the completion of fieldwork, unless otherwise agreed in advance in writing with the Planning Authority). This assessment shall include a complete post-excavation analysis, preparation of a full site archive and report ready for deposition at the local museum, and a publication report.

 

Reason: In order to ensure the satisfactory investigation and mitigation of the archaeology within the site.

 

 

 

6          U10481         

CONTAMINATED LAND

A.        Site Characterisation

No application for approval of reserved matters shall be made without an assessment of the nature and extent of contamination across the whole application site has been submitted to and approved in writing by the Local Planning Authority.  This assessment must be undertaken by a competent person, and shall assess any contamination on the site, whether or not it originates on the site.  Moreover, it must include:

 

(i) a survey of the extent, scale and nature of contamination;

(ii) an assessment of the potential risks to:

 

o          human health,

o          property (existing or proposed) including buildings, crops, livestock,            pets, woodland and service lines and pipes,

o          adjoining land,

o          ground waters and surface waters,

o          ecological systems,

o          archaeological sites and ancient monuments;

 

 

B. Submission of Remediation Scheme

No application for approval of reserved matters shall be made without 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. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, an appraisal of remedial options, and proposal of the preferred option(s), and a 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.

 

C. Implementation of Approved Remediation Scheme

The remediation scheme shall be implemented in accordance with the approved timetable of works. Within three months of the completion of measures identified in the approved remediation scheme a validation report must be submitted to the Local Planning Authority.

 

D. Reporting of Unexpected Contamination

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing within 14 days to the Local Planning Authority and once the Local Planning Authority has identified the part of the site affected by the unexpected contamination development must be halted on that part of the site.

 

An assessment must be undertaken in accordance with the requirements of condition A, and where remediation is necessary a remediation scheme, together with a timetable for its implementation, must be submitted to and approved in writing by the Local Planning Authority in accordance with the requirements of condition B.

 

The measures in the approved remediation scheme must then be implemented in accordance with the approved timetable. Following completion of measures identified in the approved remediation scheme a validation report must be submitted to and approved in writing by the Local Planning Authority in accordance with condition C.

 

E. Long Term Monitoring and Maintenance

No development shall take place until a monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of an agreed amount of years, and the provision of reports on the same must both be submitted to and approved in writing by the Local Planning Authority.

 

Following completion of the measures identified in that scheme and when the remediation scheme is complete, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be submitted to the Local Planning Authority within 3 months of the completion of the measures identified.

 

Reason: To ensure that any contamination is remediated in the interests of the health of existing and future occupiers, ecology and the water environment.

 

7          U10484         

No development shall take place until an Ecological Enhancement and Management Plan has been submitted to and approved in writing by the local planning authority. The development shall be completed in accordance with the approved Plan.

 

Reason: In order to ensure that the existing ecology of the site is protected and enhanced. This matter is fundamental to the development permitted and the application as submitted provides insufficient information to demonstrate that the proposal would not be unacceptably harmful to local ecology. In the absence of a condition requiring approval of this matter before the commencement of the development it would have been necessary to refuse planning permission.

 

8          U10514         

The site shall be cleared of all existing open storage, hard surfacing, chattels, fencing and existing buildings. All materials arising shall be permanently 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, the character and appearance of the area and residential amenity.

 

9          U10521         

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 construction works

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

ix.        numbers, size and routes for all HGV movements to and from the site

 

Reason:  In the interests of highway safety, visual and neighbour amenity. This matter is fundamental to the development permitted and the application as submitted provides insufficient information to demonstrate that the proposal would not be unacceptably harmful to residential amenity or highway safety. In the absence of a condition requiring approval of this matter before the commencement of the development it would have been necessary to refuse planning permission.

 

10        LAN01            Landscaping - outline

The scheme of hard and soft landscaping to be submitted pursuant to condition 1 above 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.  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.

 

11        U10510         

No application for approval of reserved matters shall be made without an Arboricultural Survey and Method Statement Report. The development shall be completed in accordance with the approved Report.

 

Reason: In the interests of the character and appearance of the area.

 

12        U10507         

Prior to the first occupation of the development the developer shall:-

i. provide a 5.5m wide access road with traffic calming features including build outs as shown on drawing no.2591.07A. The carriageway is to have a minimum width of 3.7m at the build outs.

ii. provide improvements to the site access road junction with Thoby Lane including minor widening of Thoby Lane on the inside of the bend as shown on drawing no. 2591.15.

iii. construct the access to the site with a minimum clear to ground visibility of 2.4m x 160m in both directions along Thoby Lane, as measured from and along the nearside edge of the carriageway. The visibility splays shall be retained free of obstruction thereafter as shown on drawing no. 2591.07A.

iv. construct the carriageway and footways of the proposed estate road up to and including at least road base level, prior to the commencement of the erection of any dwelling intended to take access from that road(s). Until final surfacing is completed, the footway base course shall be provided in a manner to avoid any up stand to gullies, covers, kerbs or other such obstructions within or bordering the footway. The carriageways, footways and footpaths in front of each dwelling shall be completed with final surfacing within twelve months (or three months in the case of a shared surface road or a mews) from the occupation of such dwelling.

v. construct the junction with the existing highway, inclusive of cleared land necessary to provide the visibility splays, up to and including at least road base level and be available for use prior to the commencement of any other development including the delivery of materials.

 

Reason: In the interests of highway safety by providing adequate inter-visibility between vehicles using the road junction and those in the existing public highway, ensuring that roads/footways are constructed to an appropriate standard and ensuring that the junction is constructed to the appropriate standard.

 

13        U10517         

There shall be no discharge of surface water onto the Highway.

 

Reason: To prevent hazards caused by water flowing onto the highway and to avoid the formation of ice on the highway in the interest of highway safety.

 

14        U10518         

The developer shall provide the first occupier of each new dwelling with a Residential Travel Information Pack. The packs shall include information in support of sustainable transport. Details of the packs shall have been submitted to and gained the prior approval in writing by the Local

Planning Authority. Each pack shall include six one day travel vouchers for use with the relevant local transport operator.

 

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

 

15        U10519         

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 no later than the submission of any application for approval of reserved matters.  Construction shall be in strict accordance with the approved details.

 

Reason: To safeguard the character and appearance of the area, the openness of the Green Belt and the living conditions of nearby residents.

 

16        U10520         

[If noise mitigation not secured through the Section 106 Agreement]

No application for approval of reserved matters shall be made without a detailed acoustic report on the existing noise climate at the development site with particular reference to noise from the adjoining agricultural plant and equipment. The report shall include a scheme of noise mitigation for the site and insulation measures for all residential accommodation. The noise insulation measures shall be designed to achieve noise insulation to the following standard:

 

Maximum internal night noise (23:00-07:00) levels of 30dBLAeq,T for living rooms and bedrooms, for bedrooms at night individual noise events (measured with F time-weighting) shall not (normally) exceed 45dBLAmax.  Maximum external noise levels for residential gardens shall not exceed 50db LAeq,T.

 

The noise assessment shall be carried out by a suitably qualified acoustic consultant/engineer and shall take into account the provisions of The National Planning Policy Framework, BS8233:2014. The approved scheme shall be implemented prior to the occupation of the site and be permanently maintained thereafter.

 

Reason: In order to ensure that an adequate quality of life is provided for the occupiers of the proposed dwellings and the use of the adjoining barns would be restricted.

 

17        U10522         

The development shall not be commenced until details of the treatment of all boundaries including drawings of any gates, fences, walls, bunds or other means of enclosure have been submitted to and approved in writing by the local planning authority.  The approved boundary treatments 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 future occupiers. This matter is fundamental to the development permitted and the application as submitted provides insufficient information to demonstrate that the proposal would not be unacceptably harmful to the character and appearance of the area, the openness of the Green Belt or the setting of the listed building and SAM. In the absence of a condition requiring approval of this matter before the commencement of the development it would have been necessary to refuse planning permission.

 

18        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.

 

 (Cllr Reed declared a non pecuniary interest under the Councils Code of Conduct by virtue of knowing an employee of Mass & Co).

 

Report author: Kathryn Mathews

Publication date: 30/07/2015

Date of decision: 21/07/2015

Decided at meeting: 21/07/2015 - Planning and Licensing Committee

Accompanying Documents: