Demolition of existing single storey structures and construction of twenty, 2 storey residential units, together with associated access roads and formation of earth bund with associated landscaping to provide acoustic buffering.

Mr Chapman was present and address to committee in support of the application.

Cllr Foan from West Horndon Parish Council spoke in support of the redevelopment of the site.

Members debated the application.  The site has been vacant for 30 years, is a brownfield site and has an extant permission. The development would provide housing for the Borough.

Members considered that these matters clearly outweighed the harm the development would cause to the Green Belt and all other harm, in this case.

A motion was MOVED by Cllr Lloyd and SECONDED by Cllr Mrs Squirrell to approve this application.

FOR:               Cllrs Baker, Cloke, Mrs Cohen, Mrs Hones, Hossack, Lloyd,                          McCheyne and Mrs Squirrell  (8)

AGAINST:      (0)

ABSTAIN:      Cllr Mynott  and Reed (2)

RESOLVED: The Application be approved subject to a S106 Agreement securing  contributions of £64,988 Education Contribution towards the provision of primary school places, extension of the footway along the A127 slip road a contribution of £60,000 towards public open space and affordable housing (at a level to be agreed)  and subject to 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          No development 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.

3         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.  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.

4          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.

5         The development shall not be commenced 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.

6          Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting or modifying that Order), the dwelling hereby permitted shall not be extended or enlarged in any way without the prior grant of specific planning permission by the local planning authority.  Reasons: To prevent the creation of a dwelling of disproportionate size that would conflict with the policies of restraint within the Green Belt

7          Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting or modifying that Order) no development falling within Class E of that Order (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 safeguard the living conditions of the occupiers of the new dwellings (Plots 3-6) and to prevent a proliferation of buildings that would conflict with the policies of restraint within the Green Belt.

8         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 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.

9          No development shall take place, including any ground works or 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. 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.

10       No development shall take place until details of the estate roads and footways (including layout, levels, gradients, surfacing and means of surface water drainage - including surface water runoff from the proposed noise bunds) shall be submitted to and approved in writing by the Local Planning Authority.   Reason: To ensure roads/footways are constructed to an appropriate standard in the interests of highway safety.

11        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 upstands 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.

12       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.

13        No development shall take place until, the road junction at its centre line shall be provided with a clear to ground visibility splay with dimensions of 2.4 metres to the A127 slip road to the north and 2.4 metres by 215 metres to the south, as measured from and along the nearside edge of the carriageway. Such vehicular visibility splays shall be provided before the road junction 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 and those in the existing public highway in the interest of highway safety.

14       The proposed development shall not be occupied until such time as the vehicle parking area indicated on Drawing no.D.01 Revision D, including any parking spaces for the mobility impaired, 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.

15       The cycle parking facilities as shown on Drawing No. D.01 Revision D, are to be provided prior to the first occupation of the development and retained at all times.   Reason: To ensure appropriate cycle parking is provided in the interest of highway safety and amenity.

16        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.

17        Where material is imported on site, the importation shall be of uncontaminated soils only.  Reason: In the interests of the health and safety of existing and future residents.

18       Details of the surfacing materials of driveways and parking areas 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.

19        No development hereby approved shall take place until a detailed surface water drainage scheme for the site 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 before any of the dwellings hereby permitted are occupied.  Reason: To prevent flooding on the proposed site and the local area by ensuring the satisfactory storage of/disposal of surface water and ensure the system operates as designed for the lifetime of the development.

20       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.

21       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.

22       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.

23       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.

24        The acoustic screen shall be completed in accordance with the approved details prior to the occupation of any of the dwellings hereby permitted.  Reason: In order to ensure that the occupiers of the dwellings are not exposed to unacceptable levels of traffic noise disturbance.

25       The development hereby permitted shall not be carried out except in complete accordance with the approved drawing(s) and supporting documents 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 Quirk declared a non pecuniary interest under the Council Code of Conduct by virtue of knowing the applicant and therefore left the Chamber and did not participate in the discussion or vote).