Outline application for construction of 85 residential units together with commercial building (Class B1A Office), open space, park/childrens play area, riverside walk, car parking and landscaping (Appearance, Landscaping, Layout and scale reserved matters).  (Please note that the Environmental Statement and other documents can be viewed on our website and at the Town Hall).

 

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

 

A motion was MOVED by Cllr Baker and SECONDED by Cllr Mynott to approve this application.

 

FOR:               Cllrs Baker, Cloke, Mrs Cohen, Mrs Hones, Hossack, Lloyd,                          McCheyne, Mynott, Quirk, Mrs Squirrell and Reed (11)

 

AGAINST:      (0)

 

ABSTAIN:      (0)

 

RESOLVED UNANIMOUSLY to approve this application subject to the completion of a Section 106 Agreement including contributions Highways, Affordable Housing (on and off-site) open space and health contributions to a Doctor’s Surgery and Education including extension to the local primary school,  and to the following conditions:-

 

1          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.

 

2          U09673 RES MATTERS condition…      

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

 

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

 

3          BOU01           Boundary treatment to be agreed (gen)

No boundary treatments or means of enclosure shall be erected until details of the treatment of all boundaries including 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 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.

 

4          LAN02            landscaping, full, details not submitted

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.  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. These details are needed prior to the commencement of the development as this matter is still outstanding and without this further information the development as a whole may not be acceptable. No works should therefore take place until these fundamental details have been agreed by the local planning authority. 

 

5          MAT01           Samples (details acceptable)

No development above ground shall take place until samples 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.

 

6          MAT04           Surfacing materials

No hardsurfacing works shall take place until details of the surfacing materials of driveways and parking areas have been submitted to and approved in writing by the local planning authority. Construction shall be in strict accordance therewith.

 

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

 

7          SIT01  Site levels - to be submitted

No development shall take place until 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.  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. These details are needed prior to the commencement of the development as this matter is still outstanding and without this further information the development as a whole may not be acceptable. No works should therefore take place until these fundamental details have been agreed by the local planning authority. 

 

8          U09644         

No development shall take place 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. wheel and underbody washing facilities

 

Reason: To ensure that on-street parking of these vehicles in the adjoining streets does not occur and to ensure that loose materials and spoil are not brought out onto the highway in the interests of highway safety. These details are required prior to the commencement of the development to ensure that highway safety is not compromised from the start of the works.

 

9          U09645         

No development shall take place until details of the pedestrian islands in Widvale Road have been submitted to and approved in writing by the Local Planning Authority. The pedestrian islands shall be constructed in accordance with the approved details, prior to first occupation of the development.

 

Reason: To facilitate pedestrian and cycle movements between the proposed northern and southern part of the site in the interest of highway safety and accessibility. These details are required prior to the commencement of the development to ensure that safe pedestrian and cycle movements are possible as a result of this development.

 

10        U09646         

No development shall take place until details of the means to prevent right turning traffic into the proposed estate road immediately to the south west of the main access have been submitted to and approved in writing by the Local Planning Authority. The measures shall be constructed in accordance with the approved details, prior to first occupation of the development.

 

Reason: To ensure that traffic turning right into the estate road does not cause blocking to the Roman Road roundabout, in the interest of highway safety and accessibility. These details are required prior to the commencement of the development to ensure that safe vehicular movements are possible as a result of this development.

 

11        U09647         

Prior to the first occupation of the development hereby approved, the developer shall construct the access to the northern part of the site with a minimum clear to ground visibility of 2.4 metres x 59 metres, as measured from and along the nearside edge of the carriageway. The visibility splays shall be retained free of obstruction thereafter.

 

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

 

12        U09648         

Prior to the first occupation of the development hereby approved, the developer shall construct a 3.5 metre footway/cycle route from the main site access around the A12, Junction 12, Interchange to connect to the existing footway/cycle route adjacent to Chelmsford Road.

 

Reason: To facilitate pedestrian and cycle movements between the site and the local area in the interest of highway safety and accessibility.

 

13        U09649         

Prior to the first occupation of the development hereby approved the developer shall provide improvements to the northbound bus stop on Roman Road to include raised kerbs, a new shelter and shelter mounted Real Time Passenger Information, together with improvements to the southbound bus stop to include a new shelter and shelter mounted Real Time Passenger Information.

 

Reason: To encourage trips by public transport in the interest of accessibility.

 

14        U09650         

Prior to the first occupation of the development hereby approved, 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 approved 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        U09651         

The carriageway of the proposed estate road shall be constructed 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). The carriageways and footways shall be constructed up to and including base course surfacing. Until final surfacing is completed, the footway base course shall be provided in a manner to avoid any upstand 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.

 

Reason: To ensure roads/footways are constructed to an appropriate standard in the interests of highway safety.

 

16        U09652         

The junction with the existing highway, inclusive of cleared land necessary to provide the visibility splays, shall be constructed 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: To ensure that the junction is constructed to the appropriate standard in the interests of highway safety.

 

17        U09653         

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.

 

18        U09654         

The development site is within 15 metres of a sewage pumping station. There should be no development within 15 metres from the boundary of a sewerage pumping station of this type.

 

Reason: In the interest of the residential amenity of future occupiers.

 

19        U09665         

The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment and the following mitigation measures detailed:

1. Finished first floor levels are set at or above 54.1m AOD

2. A scheme for the provision of compensatory storage shall be submitted and agreed with the Local Planning Authority prior to any development being undertaken.

 

Reasons:

1. To reduce the risk of flooding to the proposed development and future occupants.

2. To ensure flood risk is not increased elsewhere.

These details are needed prior to the commencement of the development as this matter is still outstanding and without this further information the development as a whole may not be acceptable. No works should therefore take place until these fundamental details have been agreed by the local planning authority. 

 

20        U09666         

No development hereby approved 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 hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details in the Flood Risk Assessment referenced 033621 and subsequent emails dated 18th and 24th February.

 

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 ensure the system operates as designed for the lifetime of the development. These details are needed prior to the commencement of the development as this matter is still outstanding and without this further information the development as a whole may not be acceptable. No works should therefore take place until these fundamental details have been agreed by the local planning authority. 

 

21        U09667         

Subsequent to further contaminated land investigations proposed by the developer, 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 start of the development of the site.  The agreed remediation scheme will be implemented 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. 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. These details are needed prior to the commencement of the development to ensure that acceptable living conditions can be provided before the developer goes to the expense of beginning the development.

 

22        U09668         

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.

 

23        U09669         

The developer shall notify the Local Planning Authority in writing of impending completion of the remediation works within one month of the completion of the said works.  Within four weeks of completion of such works a validation report undertaken by competent persons in accordance with the Essex Contaminated Land Consortium's Land Affected by Contamination: Technical Guidance for Applicants and Developers related to the agreed remediation measures shall be submitted to the Local Planning Authority for approval. There shall be no residential occupation of the site or beneficial occupation of the office building hereby permitted until the Local Planning Authority has approved the validation report in writing. Furthermore, prior to occupation of any property hereby permitted, the developer shall submit to the Local Planning Authority 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.

 

24        U09670         

Noise emitted from the dwellings shall be lower than the existing background noise level (50.5 LA90,T dB(A)night) expressed as LA90, by at least 5dB at any time measured at the facade of the nearest residential dwelling.

 

Reason: To prevent any possible noise nuisance from any air handling/extraction/mechanical heat exchange units etc associated with the estate in the interest of the residential amenity of nearby residents.

 

25        U09671         

On completion of the works but prior to any occupation of the approved development, the applicant shall submit to and have approved in writing by the Local Planning Authority, an assessment from a competent person to demonstrate that the development has been constructed to provide sound attenuation against external noise, incorporating effective ventilation, in accordance with BS8233:1999. The following levels shall be achieved: Maximum internal night noise 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.  

 

Reason: In the interest of the residential amenity of nearby residents.

 

26        U09672         

No development shall take place until arboricultural reports to include a management plan post development have been submitted and approved in writing by the Local Planning Authority.

 

Reason: In the interests of the character and appearance of the area. These details are needed prior to the commencement of the development as this matter is still outstanding and without this further information the development as a whole may not be acceptable. No works should therefore take place until these fundamental details have been agreed by the local planning authority. 

 

27        U09674         

No development shall take place until a full reptile mitigation plan, full bat mitigation plan and an ecological site management plan have been submitted to and approved in writing by the local planning authority. 

 

Reason: In the interest of the ecological value and biodiversity on the site. These details are needed prior to the commencement of the development as this matter is still outstanding and without this further information the development as a whole may not be acceptable. No works should therefore take place until these fundamental details have been agreed by the local planning authority. 

 

28

Prior to each phase of development approved by this planning permission no development / No development approved by this planning permission> (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), shall take place until a scheme that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:

1) A preliminary risk assessment which has identified: - all previous uses - potential contaminants associated with those uses - a conceptual model of the site indicating sources, pathways and receptors - potentially unacceptable risks arising from contamination at the site. 2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

3) The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved.

 

Reason:

To protect and prevent the pollution of controlled waters (Secondary A and Principal aquifers, nearby groundwater abstraction and EU Water Framework Directive Drinking Water Protected Area) from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (paragraphs 109 and 121), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection: Principles and Practice (GP3 v.1.1, 2013) position statements A4 – A6, J1 – J7 and N7. These details are needed prior to the commencement of the development as this matter is still outstanding and without this further information the development as a whole may not be acceptable. No works should therefore take place until these fundamental details have been agreed by the local planning authority. 

 

29.

No occupation <of any part of the permitted development / of each phase of development> shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall be implemented as approved.

 

Reason:

To protect and prevent the pollution of controlled waters (Secondary A and Principal aquifers, nearby groundwater abstraction and EU Water Framework Directive Drinking Water Protected Area) from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (paragraphs 109 and 121), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection: Principles and Practice (GP3 v.1.1, 2013) position statements A4 – A6, J1 – J7 and N7.

 

30

No development should take place until a long-term monitoring and maintenance plan in respect of contamination including a timetable of monitoring and submission of reports to the Local Planning Authority, shall be submitted to and approved in writing by the Local Planning Authority. Reports as specified in the approved plan, including details of any necessary contingency action arising from the monitoring, shall be submitted to and approved in writing by the Local Planning Authority. Any necessary contingency measures shall be carried out in accordance with the details in the approved reports. On completion of the monitoring specified in the plan a final report demonstrating that all long-term remediation works have been carried out and confirming that remedial targets have been achieved shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason:

To protect and prevent the pollution of controlled waters (Secondary A and Principal aquifers, nearby groundwater abstraction and EU Water Framework Directive Drinking Water Protected Area) from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (paragraphs 109 and 121), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection: Principles and Practice (GP3 v.1.1, 2013) position statements A4 – A6, J1 – J7 and N7. These details are needed prior to the commencement of the development as this matter is still outstanding and without this further information the development as a whole may not be acceptable. No works should therefore take place until these fundamental details have been agreed by the local planning authority. 

 

31.

If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

 

Reason:

To protect and prevent the pollution of controlled waters (Secondary A and Principal aquifers, nearby groundwater abstraction and EU Water Framework Directive Drinking Water Protected Area) from potential pollutants associated with current and previous land uses in line with National Planning Policy Framework (paragraphs 109 and 121), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection: Principles and Practice (GP3 v.1.1, 2013) position statements A4 – A6, J1 – J7 and N7.

 

32.

No development shall take place until the a scheme for the provision and implementation of water, energy and resource efficiency measures, during the construction and occupational phases of the development have been submitted to and agreed, in writing, with the Local Planning Authority. The scheme shall include a clear timetable for the implementation of the measures in relation to the construction and occupancy of the development. The scheme shall be constructed and the measures provided and made available for use in accordance with such timetables as may be agreed.

 

Reason:

To enhance the sustainability of the development through better use of water, energy and materials. . These details are needed prior to the commencement of the development as this matter is still outstanding and without this further information the development as a whole may not be acceptable. No works should therefore take place until these fundamental details have been agreed by the local planning authority. 

 

33.

No development shall place until a scheme for the provision and implementation of rainwater harvesting has been submitted and agreed, in writing, with the Local Planning Authority. The works/scheme shall be constructed and completed in accordance with the approved plans/specification before occupancy of any part of the proposed development.

 

Reason:

To enhance the sustainability of the development through efficient use of water resources. These details are needed prior to the commencement of the development as this matter is still outstanding and without this further information the development as a whole may not be acceptable. No works should therefore take place until these fundamental details have been agreed by the local planning authority. 

 

34.

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.

 

35.

All tree and/or shrub clearance shall occur outside the bird breeding seasons:

 

Reason: In the interest of the biodiversity of the site.