Demolition of the existing building and construction of 50 residential dwellings, (10 houses and 40 flats) including affordable housing, in buildings extending to between two and four storeys in height, together with associated landscaping, parking and infrastructure works.

 

APPLICATION NO. 15/01379/FUL

 

Mr Baldwin was present and spoke in objection to the application.

Mr Wheeler, the agent, was also present and spoke in support of the application.

 

Members expressed concern regarding parking problems in the locality and Cllr Cloke advised he would raise the possibility of introducing a residents’ parking scheme in the area at the next meeting of South Essex Parking Partnership.

 

Cllr McCheyne MOVED and Cllr Trump SECONDED that the application be approved, subject to a Section 106 agreement.

 

For:       Cllrs Cloke, Mrs Coe, McCheyne, Reed, Ms Rowlands, Trump and Wiles  (7)

 

Against:  Cllrs Carter, Morrissey, Mynott and Newberry  (4)

 

Abstain:  Cllr Barrell (1)

 

It was RESOLVED:

 

That planning permission be APPROVED subject to completion of a Section 106 agreement as set out in the officer’s report and the following conditions:

 

1          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         The development hereby permitted shall not be carried out except in complete accordance with the approved drawings, specifications and documents listed above.  

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

 

 3         No development above ground level shall take place until samples of both bricks to be used in the construction of the external surfaces of the building hereby permitted, as well as details of the jointing and mortar, have been submitted to and approved in writing by the local planning authority. Sample panels of both bricks proposed of no more than 500mm in height are to be been erected on site to show areas of the new exterior walling. Development shall be carried out in accordance with the approved details. 

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

 

 4         The development shall be finished with metal profile roofing panels and grey UPVC windows only as shown on drawing number 8128/06 without the further formal consent of the Local Planning Authority.

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

 

 5         Notwithstanding the Town & Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order with or without modification), and with the exception of those approved as part of this permission, no walls, fences or other means of enclosure shall be erected within the application site. 

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

 

 6         Aside from those indicated on the approved drawings, and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking, re-enacting or modifying that Order), no windows, dormer windows, glazed doors or rooflights shall be constructed without the prior grant of specific planning permission by the local planning authority.  

Reason: To safeguard the living conditions of the occupiers of neighbouring dwellings.

 

 7         None of the accommodation hereby permitted shall be occupied until the facilities to be provided for the storage of refuse/recycling materials have been provided in accordance with the details shown on the approved drawings. Thereafter the accommodation shall not be occupied unless those facilities are retained. 

Reason: To ensure that adequate provision is made in order to safeguard the character and appearance of the area.

 

 8         In view of the  report produced by Geosphere Environmental Ltd; a remediation scheme to bring the site to a suitable condition in that it represents an acceptable risk shall be submitted to the Local Planning Authority for approval prior to the commencement of any development of the site.  The agreed remediation scheme will be implemented and completed to the satisfaction of the Local Planning Authority prior to the commencement of any other part of this planning permission (unless the scheme or parts of it require commencement of other parts of the permission). Formulation and implementation of the remediation scheme shall be undertaken by competent persons and in accordance with the Essex Contaminated Land Consortium's Land Affected by Contamination: Technical Guidance for Applicants and Developers. A signed certificate to confirm that the remediation works have been completed in accordance with the documents and plans detailed in the conditions above. 

Reason: In the interest of the living conditions of the future occupiers of the site. This issue is fundamental to the development hereby permitted and the application as submitted provides insufficient information to demonstrate that the proposal would not be unacceptably harmful in this regard. In the absence of a condition requiring the approval of these matters before the commencement of the development it would have been necessary to refuse planning permission.

 

 9         Should contamination be found that was not previously identified during any stage of the application hereby approved or not considered in the remediation scheme that contamination shall be made safe and reported immediately to the local planning authority. The site shall be re-assessed and a separate remediation scheme shall be submitted for approval by the Local Planning Authority. Such agreed measures shall be implemented and completed to the satisfaction of the Local Planning Authority prior to the commencement of any development of the site. 

Reason: In the interest of the living conditions of the future occupiers of the site. This issue is fundamental to the development hereby permitted and the application as submitted provides insufficient information to demonstrate that the proposal would not be unacceptably harmful in this regard. In the absence of a condition requiring the approval of these matters before the commencement of the development it would have been necessary to refuse planning permission.

 

10        The development hereby permitted shall not be carried out except in complete accordance with the construction method statement submitted with this application, without the further formal consent of the local planning authority.   Reason:  To ensure that the development is as permitted by the local planning authority and for the avoidance of doubt and in the interest of the residential amenity of the adjoining residents.

 

11        The development hereby approved shall not be occupied until such time as the vehicle parking area indicated on the approved plans has been hard surfaced, sealed and marked out in parking bays. The vehicle parking 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.

 

12        The cycle parking facilities as shown on the approved plans for the proposed flats are to be provided prior to the first occupation of the development and retained at all times without the further formal consent of the local planning authority.   Reason: To ensure appropriate cycle parking is provided in the interest of highway safety and amenity and to encourage sustainable transport choices.

 

13        Cycle parking facilities for the proposed houses shall be provided in accordance with the EPOA Parking Standards. The approved facilities shall be secure, convenient, covered and provided prior to occupation and retained at all time without the further formal consent of the local planning authority.   Reason: To ensure appropriate cycle parking is provided in the interest of highway safety and amenity and to encourage sustainable transport choices.

 

14        The powered two wheeler parking facilities as shown on the approved plans are to be provided prior to the first occupation of the development and retained at all times without the further formal consent of the local planning authority.   Reason: To ensure appropriate powered two wheeler parking is provided in the interest of highway safety.

 

15        Prior to commencement of the development, excluding demolition and enabling works, the site access at its centre line shall be provided with a clear to ground visibility splay with dimensions of 2.4 metres by 43 metres to the compass point in each direction, as measured from and along the nearside edge of the carriageway as per drawing number C700 Rev P1. Such vehicular visibility splays shall be provided before the site access is first used by vehicular traffic and retained free of any obstruction at all times. 

Reason: To provide adequate inter-visibility between vehicles using the road junction / access and those in the existing public highway in the interest of highway safety.

 

16        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.

 

17        The development hereby approved shall not be occupied until the developer has provided a Real Time Passenger Information facility at the nearby northbound bus stop on The Drive, the details of which shall be submitted to and approved in writing by the local planning authority prior to its installation.   Reason: To encourage trips by public transport in the interest of accessibility and sustainability.

 

18        Prior to occupation of the development hereby approved, the Developer shall be responsible for the provision of a Residential Travel Information Pack for sustainable transport to include six one day travel vouchers for use with the relevant local public transport operator, the details of which shall be submitted to and approved in writing by the local planning authority prior the occupation of any of the units.  

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

 

19        No development excluding demolition and enabling works, shall take place until a detailed surface water drainage scheme for the site, based on the approved surface water drainage strategy, 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 be implemented prior to occupation.  

Reason: 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 and to provide mitigation of any environmental harm which may be caused to the local water environment. This issue is fundamental to the development hereby permitted and the application as submitted provides insufficient information to demonstrate that the proposal would not be unacceptably harmful in this regard. In the absence of a condition requiring the approval of these matters before the commencement of the development it would have been necessary to refuse planning permission.

 

20        No development excluding demolition and enabling works, shall take place until further ground investigation has taken place, during winter months (between December and April), to demonstrate that ground water levels do not pose a significant risk to the development. Following ground investigation, if necessary, a scheme for appropriate mitigation of ground water flood risk should be submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved prior to occupation.  Reason: To mitigate against groundwater flooding by ensuring that sufficient information is in place to fully understand the risk associated with the development. This issue is fundamental to the development hereby permitted and the application as submitted provides insufficient information to demonstrate that the proposal would not be unacceptably harmful in this regard. In the absence of a condition requiring the approval of these matters before the commencement of the development it would have been necessary to refuse planning permission.

 

21        The development hereby permitted shall not be commenced until such time as 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 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.  Construction may lead to excess water being discharged from the site. If dewatering takes place to allow for construction to take place below groundwater level, this will cause additional water to be discharged. Furthermore the removal of topsoils during construction may limit the ability of the site to intercept rainfall and may lead to increased runoff rates. To mitigate against increased flood risk to the surrounding area during construction therefore, there needs to be satisfactory storage of/disposal of surface water and groundwater which needs to be agreed before commencement of the development .  This issue is fundamental to the development hereby permitted and the application as submitted provides insufficient information to demonstrate that the proposal would not be unacceptably harmful in this regard. In the absence of a condition requiring the approval of these matters before the commencement of the development it would have been necessary to refuse planning permission.

 

22        Prior to the occupation of the development the applicant must submit to and have approved in writing, a Maintenance Plan detailing the maintenance arrangements including who is responsible for different elements of the surface water drainage system and the maintenance activities/frequencies to 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 against flood risk.

 

23        The adopting body responsible for maintenance of the surface water drainage system must record 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 the SuDS are maintained for the lifetime of the development as outlined in any approved Maintenance Plan so that they continue to function as intended to ensure mitigation against flood risk.

 

24        The replacement trees to be planted on the eastern boundary adjacent to the dwellings in Gibraltar Close shall be planted within 1 month of the removal of the existing trees, unless formally agreed by the further formal consent of the local planning authority.  

Reason: In the interests of the character and appearance of the area and the residential amenity of adjoining residents.

 

25        The development hereby permitted shall not be carried out except in complete accordance with the recommendations of the ecology, reptile and bat survey and arboricultural impact assessment submitted, without the further formal consent of the local planning authority.  

Reason:  In the interests of ecology and biodiversity and the visual amenity of the area.

 

26        Additional drawings that show details of proposed windows, eaves and roof profiles, balconies and brick relief detail 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 their installation.  The development shall be carried out in strict accordance with the approved details. 

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

 

27        The development hereby permitted shall not be carried out except in complete accordance with the hard and soft landscaping details included within this submission, including those submitted within the Design and Access Statement, without the further formal consent of the local planning authority.   Reason:  In the interests of the visual amenity of the area.