This application had been referred to Committee in accordance with the Constitution due to the development being of a particularly significant scale.

 

The site is in two parts 1) south of Eagle Way and 2) north of Eagle Way. In total it measures 5.29 hectares.  It forms part of the land holding formerly owned by Ford and operated as its UK headquarters, until it left the site in 2019. The ownership of the southern site has since been subdivided and its redevelopment is being taken on by two developers. The main HQ building opened in the mid 1960’s, its large formal green in front of the HQ building, and the former employees’ car parking is being developed by Land Charter. It is carrying out the residential conversion of the main HQ building, plus seven additional units on the roof, with limited areas of new building adjacent to that building – terrace at the rear and 13 dwellings adjacent Clive Road. The redevelopment of the rest of the site, both to the north and to the south of Eagle Way, is subject to this application and is proposed by Fairview New Homes.

 

A statement from Mr Jackson on behalf of the Applicant was read by the Chair in support of the application.

 

“Fairview are proud to present their proposals on this important emerging site allocation. Fairview strongly believe the new proposals represent a considered and high quality design response, that

accommodates the principles of the emerging Local Plan. In particular the scheme embraces the emerging policies in terms of sustainable development and represents an exciting scheme of new homes, public and semi-public spaces and a care home facility within an edge of Green Belt setting.

 

The evolution of the scheme has adopted a design-led approach, and has been influenced by discussions with officers, members and interested parties, such as Trailnet and the Design Review Panel.

 

The scheme before you has addressed the key points raised in respect to design, public realm sustainability, parking and energy and provides 133 new homes in a range of sizes from 1 bed

apartments to 4 bed houses and an outline permission for a 60-65 bed care home facility.

 

A new square is proposed on the northern site, which provides a strong focal point for the development. It is a key area that connects the site to the Keys Hall Local Centre, and plays a complementary role by adding landscaping, pedestrian accessibility and seating.

 

The County Council are content with the proposals and have not raised any objections. The existing zebra crossing across Eagle Way will be converted into a Pelican crossing. A new zebra crossing will be

provided across The Drive to the west of the northern parcel. This will improve the safety and

connectivity between the sites as well as the local centre. The car parking provision is supported by an

Integrated Transport Strategy including:

• implementing a Travel Plan;

• providing a car club;

• Active and Passive charging spaces are provided for residents cars.

• substantial public transport contribution, and

• bus infrastructure contribution as well as a pedestrian and cycle study with funding.

 

The aim is to promote a model shift in the use of the private car and a reduction in journeys over the life of the plan to support the Local Plan objectives.

 

The nature of the energy strategy has been amended through the planning application to reflect a green

approach to development. Energy efficient and future proof principles include: generating heat from renewable sources - using air source heat pumps for the houses and direct electric heating for the flats.

 

PV will also be installed on the roof of the apartments. The strategy is supported by a range of blue/green strategies that includes the balancing pond, swales and wildflower meadow grassland areas

that has landscape and ecology benefits.

 

The viability of the revised and reduced scheme has been tested by Independent review. This confirm that the proposal to provide 20% of the dwellings as shared ownership affordable housing is

substantially greater than viability dictates and is recommended for approval on this basis.

 

We recognise that the housing pressures in this Green Belt Borough are enormous. The Officer’s report concludes that the scheme should be granted planning permission, even before considering the tilted

balance. We consider the revised proposals represent an excellent response to the site constraints and the emerging local plan and further reflects a lot of hard work from all involved and I would commend

the scheme to you.”

 

 

Mr Ovenden was present at the meeting and summarised the report.

 

The Application was APPROVED subject to completion of a Section 106 Agreement and to the following conditions:-

 

In addition, the committee noted that the Highways Authority had informally indicated that it does not support the “raised table” proposed on Eagle Way.  The committee however considered that the table would be a welcome traffic calming feature and asked the Chairman to write to the Highways Authority on its behalf to express its support that it be retained as part of the proposed development.

 

As part of the recommendation, it is requested that power be delegated to Head of Planning to agree minor changes to conditions listed below and to the S106 agreement, subject to agreement of the Chairman of the Planning & Licensing Committee, should they be necessary.

 

S106 Agreement Heads of Terms (all monies indexed):

 

• Provision of affordable housing (27 shared ownership units)
• Health needs contribution (£50,301 based on 2015 levels)
• Open space contribution (£133,000)
• Travel plan monitoring (£1,533 per annum)
• Cycle and walking improvements
  • Funding of study to improve walking and cycling accessibility to the station (£25,000)
  • funding of improvement plan on that route (up to value of £100,000)
• Public transport improvements
  • Public Transport Contribution of up to £226,000
  • Bus Infrastructure Improvement Contribution of £25,000
• Financial contribution of £35,000 towards Local Car parking zones monitoring, consultation and implementation
• Participation of car club (requirements to be negotiated).

 

Planning conditions

 

1          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          Approval of the details of the scale, layout and appearance of the building(s) and the landscaping of the care home development that are reserved for later approval (hereinafter called the reserved matters) shall be obtained in writing from the Local Planning Authority before that part of 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.

 

3          Application for approval of the reserved matters of the care home 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.

 

4          The care home 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.

 

5          The reserved matters application(s) for the care home shall be limited to a proposal that does not exceed the parameters indicated on drawing D2100 P1:

·         Floorspace (GIA)

·         Footprint

·         Heights

·         Site layout

 

Reason: To ensure the care home protects the character of the overall development and the amenity of occupiers of adjacent properties.

 

6          Care home occupancy

 

The building(s) indicated on the approved drawings to be a Care Home shall not be occupied other than as a care home. It shall not be occupied until details of the care home operation proposed have been submitted to and approved in writing by the LPA.  The submitted information shall include any age restrictions of occupants, the type and level of care provided within the facility, and confirmation that the care home units shall not be occupied other than by persons who are, on admission, residents in need of assistance with the normal activities of daily life.

 

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

 

7          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.

 

8          Implementation of works to protect protected species

 

The development shall be carried out in accordance with the following:

 

•      Prior to the commencement of work, a detailed mitigation plan should be submitted by Aspect Ecology or another suitably qualified ecology firm, clearly showing the extent of the exclusion zone to be used and the proximity of the badger sett to the construction footprint. Ideally this should be illustrated by site photographs to demonstrate the habitat being protected.

•      A further badger survey to be conducted prior to commencement, as already proposed by Aspect Ecology, with this being conducted no earlier than three months before construction begins.

•      The following mitigation measures should also be employed, many of which have already been proposed by Aspect Ecology:

•      All workmen on site should be fully briefed concerning the presence of badgers on site, the relevant implications and the necessary safeguards;

•      Any trenches or deep pits that are to be left open overnight should be provided with a means of escape should a badger enter. This could simply be in the form of a roughened plank of wood in the trench as a ramp to the surface. This is particularly important if the trench fills with water;

•      Any trenches/pits should be inspected each morning before work commences to ensure no badgers have become trapped overnight. Should a Badger become trapped, it will likely attempt to dig itself into the side of the trench, by forming a temporary sett. Should a trapped Badger be encountered a qualified ecologist must be contacted immediately for further advice before work commences in that area;

•      The storage of topsoil or other 'soft' building materials within the site should be given careful consideration. Badgers will readily adopt such mounds as setts, which would then be afforded the same protection as established setts. So as to avoid the adoption of any mounds, they should be subject to daily inspections before work commences, with consideration given to temporary fencing around any such mounds to exclude Badgers. Advice must be sought from a suitably qualified ecologist should it be evident that badgers have adopted a mound and work in that area should be suspended until such time as the matter has been legally resolved;

•      The storage of any chemicals should be contained in such a way that they cannot be accessed or knocked over by any roaming badgers;

•      Open pipework with a diameter of more than 120mm should be properly covered at the end of the work day to prevent badgers entering and becoming trapped. Again, should a badger trap itself then urgent advice must be sought from a qualified ecologist before work commences for the day;

•      Food and litter on site should be cleared at the end of the working day or otherwise kept to a minimum; and

•      Security lighting should be kept to a minimum so as not to disturb the badgers on site.

 

Reason: To protect protected species that may reside or visit the site.

 

9          Ecological mitigation and enhancement

The development hereby permitted shall be carried out in accordance with the mitigation measures and ecological enhancements listed in chapter 6 of the Ecological appraisal by Aspect Ecology dated July 2020.

 

Reason: To protect protected species that may reside or visit the site.

 

10        Construction Management Plan

 

No development shall take place, including any ground works or demolition, until a Construction Management Plan has been submitted to, and approved in writing by, the local planning authority. The approved plan shall be adhered to throughout the construction period. The Plan shall provide for:

i. vehicle routing

ii. the parking of vehicles of site operatives and visitors,

iii. loading and unloading of plant and materials,

iv. storage of plant and materials used in constructing the development,

v. 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.

 

11        Eagle Way crossing

 

Prior to occupation, or an alternative timescale previously agreed in writing by the local planning authority, the existing zebra crossing on Eagle Way that links the north and south sites shall be replaced with a signalised crossing for pedestrians and cyclists. Notwithstanding the North Site Proposed Layout drawing, the adjacent pedestrian link into northern development shall be provided with a minimum 3m width to accommodate pedestrians and cyclists together safely.

 

Reason: In the interests of pedestrian and cycle accessibility and amenity, and in the interests of highway safety.

 

12        Removal of guard rail and wider footway

 

Prior to occupation (as advised by the road safety audit), or an alternative timescale previously agreed in writing by the local planning authority, the pedestrian guardrail on the north side of Eagle Way between the existing zebra crossing and The Drive shall be replaced with a widened footway of a minimum 2 metres to accommodate pedestrians safely.

 

Reason: In the interests of pedestrian accessibility and amenity, and in the interests of highway safety.

 

13        Dropped kerbs and tactile paving

 

As shown in the Proposed Site Layout plans and prior to occupation of the development, or an alternative timescale previously agreed in writing by the local planning authority, pedestrian dropped kerbs and tactile paving shall be provided at both the north and south site access road junctions with Eagle Way.

 

Reason: In the interests of pedestrian accessibility and amenity, and in the interests of highway safety.

 

14        The Drive crossing

 

Notwithstanding the Proposed Site Layout plans and prior to occupation of the development, or an alternative timescale previously agreed in writing by the local planning authority, the proposed zebra crossing on The Drive shall be replaced with an informal dropped kerb crossing with tactile paving, the precise location of which is to be agreed in consultation with the Highway Authority.

 

Reason: In the interests of pedestrian accessibility and amenity, and in the interests of highway safety.

 

15        Route to public footpath no 29

 

Prior to occupation of dwellings on the south site, the north-south aligned section of public footpath no 29 (Brentwood parish) to the east of the proposed development on the southern development shall be upgraded to have a natural but firm and even surface with a minimum 2 metres width.

 

Reason: In the interests of amenity and to ensure the continued safe passage of the public on the Public Right of Way.

 

16        East-west shared route

 

Prior to occupation of dwellings on the south site,, the proposed east-west aligned footpath link in the southern section of the proposed development shall have a minimum width of 3m in order to accommodate both pedestrians and cyclists safely.

 

Reason: In the interests of pedestrian accessibility and amenity and safeguard potential future cycle links through to Barrack Wood to the east.

 

17        Provision of parking

 

The proposed development shall not be occupied until such time as the vehicle parking spaces indicated on the approved plans, including any parking spaces for the mobility impaired, have been allocated to each dwelling. The vehicle parking area shall be retained in this form at all times and 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.

 

18        Cycle parking

Cycle parking shall be provided in accordance with the EPOA Parking Standards. The approved facilities shall be secure, convenient, covered and provided prior to occupation of the dwellings to which they relate and retained at all times.

 

Reason: To ensure appropriate cycle parking is provided in the interest of highway safety and amenity.

 

19        Residential Travel Information Pack

 

Prior to the first occupation of each dwelling, 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        Travel plan

 

Prior to first occupation of the proposed development, the Developer shall submit a residential travel plan to the Local Planning Authority for approval in consultation with Essex County Council. Such approved travel plan shall then be actively implemented for a minimum period from first occupation of the development until 1 year after final occupation. (monitoring fee included within S106 agreement).

 

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

 

21 LAN03      Landscaping - full - details submitted

 

The site shall be landscaped in accordance with the landscaping scheme indicated on the submitted drawings and specifications hereby approved.  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 that has been 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

 

22 LAN05      Retention of existing Trees, Shrubs and Hedges

 

All existing trees, shrubs and hedgerows on the site indicated for retention on the approved drawings shall be retained and shall not be felled, lopped or topped without the prior written consent of the local planning authority.  If prior to the commencement of the development or within five years of the completion of the development, any such trees, shrubs or hedges are removed without such consent, or become severely damaged or diseased, they shall be replaced with others of a species, number, size and in positions to be agreed in writing with the local planning authority.  The replacement shall be carried out within the first planting season after the Council's written agreement.  Any works to existing trees, shrubs and hedgerows which may prove necessary shall be carried out in strict accordance with a written scheme to be approved in writing with the local planning authority prior to the carrying out of those works.

 

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

 

23        Garage conversions

 

Notwithstanding the Town & Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking or re-enacting that Order with or without modification), the garages to house types 3A, 4 or 5 shall be retained and kept available for use for car parking.

 

Reason: To protect against the loss of parking on the site, in the interests of the character of the area and safety and amenity of residents.

 

24        Sample panels

 

The development hereby permitted shall not progress above slab level until a sample panel showing bricks and other external materials of the dwellings has been erected on site and agreed in writing by the local planning authority. Furthermore no boundary screening/walls/gates etc shall be erected until a sample panel(s) showing the external materials to be used in their construction have been erected on site and agreed in writing by the local planning authority. The sample panels shall measure 1 square metre minimum shall be erected on site to show areas of new, exterior walling.  Where appropriate, these panels shall indicate: Brick bond, copings, mortar mix, colour and pointing profile.

 

Reason: To protect the character and appearance of this prominent site and the setting of the listed building.

 

25        Further details

 

Prior to the first occupation of the dwellings hereby permitted details of the following shall be submitted to and approved by the local planning authority in writing and implemented as approved.

 

• Roof mounted Solar PVs as part of a package to reduce carbon dioxide emissions in comparison to the requirements of Part L Building Regulations
• the position and location of air source heat pumps
• Means of safely maintaining the roof mounted PVs (mansafe system preferred)
• Means of providing defensible space adjacent to the ground floor of blocks
• Measures to achieve a maximum water use of 110 litres per person per day
• Full fibre broadband provision to the dwellings (FTTP)

 

Reason: To fulfil the environmental objectives of the NPPF and supporting the transition to a low carbon future.

 

26        Access for waste collection vehicles

 

Prior to the construction of the buildings hereby permitted, above slab level, details of the on site roads shall be submitted to demonstrate that they would support the 26 tonne collection vehicle, have a dropped kerb at each bin store route and provide unobstructed turning space for a 26 tonne refuse collection vehicle to access all areas of the proposed site.

 

Reason: To provide appropriate facilities for collection of waste and recycling.

 

27        Refuse and Recycling

 

Prior to the construction of the dwellings above slab level, details of the provision for the storage and recycling of refuse have been submitted to and approved in writing by the Local Planning Authority. Such provisions shall be made/constructed prior to the first occupation of the dwellings to which they relate.

 

Reason:  To fulfil the environmental objectives of the NPPF and HP13 of the Publication Draft Local Plan 2018.

 

28 Detailed 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:

o Detailed engineering drawings of each component of the drainage scheme.

o A final drainage plan which details exceedance and conveyance routes, FFL and ground levels, and location and sizing of any drainage features.

o A written report summarising the final strategy and highlighting any minor changes

to the approved strategy.

The scheme shall subsequently be implemented prior to occupation. It should be noted that all outline applications are subject to the most up to date design criteria held by the LLFA.

 

Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface

water from the site.

o To ensure the effective operation of SuDS features over the lifetime of the

development.

o To provide mitigation of any environmental harm which may be caused to the local water environment

o 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.

 

29 Works to minimise the risk of offsite flooding during construction

 

No works shall take place until a scheme to minimise the risk of offsite flooding caused by surface water run-off and groundwater during construction works and prevent pollution has been submitted to, and approved in writing by, the local planning authority. The scheme shall subsequently be implemented as approved.

 

Reason: The National Planning Policy Framework paragraph 163 and paragraph 170 state that local planning authorities should ensure development does not increase flood risk elsewhere and does not contribute to water pollution.

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 increased flood risk to the surrounding area during construction there needs to be satisfactory storage of/disposal of surface water and groundwater which needs to be agreed before commencement of the development. Construction may also lead to polluted water being allowed to leave the site. Methods for preventing or mitigating this should be proposed.

 

30 Drainage maintenance logs

 

The applicant or any successor in title must maintain 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.

    

31 Contamination assessment

 

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 on that phase shall each be submitted to and approved, in writing, by the local planning authority

 

·         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.

·         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.

·         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.

·         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 e 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 the water environment (particularly groundwater associated with the underlying Secondary and Principal Aquifers, from potential pollutants associated with current and previous land uses) in line with National Planning Policy Framework (NPPF; paragraphs 170 and 178), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection Position Statements (2017) A4 A6, J1 J7 and N7. National Planning Policy Framework (NPPF) paragraph 170 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution. Government policy also states that planning policies and decisions should also ensure that adequate site investigation information, prepared by a competent person, is presented (NPPF, paragraph 178).

 

32 contamination verification of remediation

 

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 the water environment (particularly groundwater associated with the underlying Secondary and Principal Aquifers, from potential pollutants associated with current and previous land uses) in line with National Planning Policy Framework (NPPF; paragraphs 170 and 178), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection Position Statements (2017) A4  A6, J1 J7 and N7. National Planning Policy Framework (NPPF) paragraph 170 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution. Government policy also states that planning policies and decisions should also ensure that adequate site investigation information, prepared by a competent person, is presented (NPPF, paragraph 178).

 

33 Contamination monitoring

 

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 the water environment (particularly groundwater associated with the underlying Secondary and Principal Aquifers, from potential pollutants associated with current and previous land uses) in line with National Planning Policy Framework (NPPF; paragraphs 170 and 178), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection Position Statements (2017) A4 A6, J1 J7 and N7. National Planning Policy Framework (NPPF) paragraph 170 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution. Government policy also states that planning policies and decisions should also ensure that adequate site investigation information, prepared by a competent person, is presented (NPPF, paragraph 178).

 

 

34 Contamination uncovered during development

 

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 the water environment (particularly groundwater associated with the underlying Secondary and Principal Aquifers, from potential pollutants associated with current and previous land uses) in line with National Planning Policy Framework (NPPF; paragraphs 170 and 178), EU Water Framework Directive, Anglian River Basin Management Plan and Environment Agency Groundwater Protection Position Statements (2017) A4  A6, J1 J7 and N7. National Planning Policy Framework (NPPF) paragraph 170 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution. Government policy also states that planning policies and decisions should also ensure that adequate site investigation information, prepared by a competent person, is presented (NPPF, paragraph 178).

 

35 Drainage pollution control

 

No drainage systems for the infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approved details.

 

Reason: Infiltration through contaminated land has the potential to impact on groundwater quality.

 

36 Control of piling

 

Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

 

Reason: Piling or any other foundation designs using penetrative methods can result in risks to potable supplies from, for example, pollution turbidity, risk of mobilising contamination, drilling through different aquifers and creating preferential pathways. Thus it should be demonstrated that any proposed piling will not result in contamination of groundwater. The National Planning Policy Framework paragraph 170 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution.

 

Informative(s)

 

1          INF02Reason for approval (objections)

Reason for approval: The proposal would accord with the relevant policies of the development  plan as set out below.  The Council has had regard to the concerns expressed  by residents but the matters raised are not sufficient to justify the refusal of permission.

 

2          INF04Amendments to approved scheme

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.

 

3          INF05Policies

The following development plan policies contained in the Brentwood Replacement Local Plan 2005 are relevant to this decision: CP1, GB1, GB2, T2, T5, H6, H9, H12, E1, E2, E4, E5, C3, C16, National Planning Policy Framework (NPPF) 2019 and NPPG 2014

.

4          INF22Approved Following Revisions

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          U0007922     Drainage Informatives:

o 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 suds@essex.gov.uk.

 

o Any drainage features proposed for adoption by Essex County Council should be

consulted on with the relevant Highways Development Management Office.

 

o 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.

o 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.

o 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.

o 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.