Agenda item

(Head of Planning and Economic Development) To consider the attached report.

The Committee considered an application referred to it by Area Subcommittee East seeking the redevelopment of a commercial skip site to residential dwellings. The Subcommittees recommendation was to grant permission subject to condition and a Section 106 agreement to provide off-site affordable housing and highways repairs outside the site.

 

Since the date of the original Area Subcommittee meeting, officers had met further with the applicant who had indicated the level of contribution that they were willing to offer. The County Highways department had indicated that their view that there was insufficient justification for asking for sums for highways improvements.

 

On balance, officers supported a recommendation for approval subject to conditions (including a new condition regarding construction methods) and a section 106 agreement to be completed within a six month period.

 

The Committee heard from the applicants agent and noted further representation from local residents received since the agendas’ publication.

 

The Committee supported the view of the Planning Subcommittee that permission should be granted. This non-conforming commercial site was close to residential properties using large commercial vehicles which created noise and disturbance. The proposals where supported by the Local Parish Council and residents. The committee considered and approved a proposal for granting of permission.

 

Resolved:

 

That, subject to the prior completion of an agreement under Section 106 of the Town and Country Planning Act 1990 within six months of the date of this resolution to secure a contribution of £100,000 towards off-site affordable housing provision, Planning application EPF/0739/10 at Threshers, Hastingwood Road, North Weald be granted with the following conditions:

 

(1)        The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.

 

Reason:- To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended).

 

(2)        No development or preliminary groundworks of any kind shall take place until the applicant/developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority.

 

Reason:-  The site lies a short distance from previous archaeological findings  where any remains are irreplaceable and are an interest of acknowledged importance which may be highly vulnerable to damage or destruction.  Unless the Local Authority is satisfied that a proper scheme for investigation has been agreed the remains should be left undisturbed.

 

(3)        Details of the types and colours of the external finishes shall be submitted for approval by the Local Planning Authority in writing prior to the commencement of the development, and the development shall be implemented in accordance with such approved details.

 

Reason:-  To ensure a satisfactory appearance in the interests of visual amenity.

 

(4)        Wheel washing or other cleaning facilities for vehicles leaving the site during construction works shall be installed in accordance with details which shall be submitted to and agreed in writing by the Local Planning Authority and these facilities installed prior to the commencement of any building works on site, and shall be used to clean vehicles leaving the site.

 

Reason:-  To avoid the deposit of material on the public highway in the interests of highway safety.

 

(5)        Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 as amended (or any other order revoking, further amending or re-enacting that order) no development generally permitted by virtue of Part 1, Class A, B and E shall be undertaken without the prior written permission of the Local Planning Authority.

 

Reason:-  The site is within the Metropolitan Green Belt and permission is only granted due to very special circumstances. Additions and outbuildings may have an adverse impact on the openness of the this part of the Green Belt and/or the character of the area and therefore the specific circumstances of this site warrant the Local Planning Authority having control over any further development.

 

(6)        No development shall take place until details of the landscaping of the site, including retention of trees and boundary vegetation and including the proposed times of proposed planting (linked to the development schedule), have been submitted to and approved in writing by the Local Planning Authority. The approved landscaping shall be carried out in accordance with the approved details and at those times.

 

Reason:- To comply with the duties indicated in Section 197 of the Town and Country Planning Act 1990, and to ensure adequate screening is retained/provided on the site.

 

(7)        No development shall take place, including site clearance or other preparatory work, until full details of both hard and soft landscape works (including tree planting) and implementation programme (linked to the development schedule) have been submitted to an approved in writing by the Local Planning Authority. These works shall be carried out as approved. The hard landscaping details shall include, as appropriate, and in addition to details of existing features to be retained: proposed finished levels or contours; means of enclosure; car parking layouts; other minor artefacts and structures, including signs and lighting and functional services above and below ground. The details of soft landscape works shall include plans for planting or establishment by any means and full written specifications and schedules of plants, including species, plant sizes and proposed numbers /densities where appropriate. If within a period of five years from the date of the planting or establishment of any tree, or shrub or plant, that tree, shrub, or plant or any replacement is removed, uprooted or destroyed or dies or becomes seriously damaged or defective another tree or shrub, or plant of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

 

Reason:- To comply with the duties indicated in Section 197 of the Town and Country Planning Act 1990 so as to ensure that the details of the development of the landscaping are complementary, and to ensure a satisfactory appearance to the development.

 

(8)        Prior to the commencement of the development details of the proposed surface materials for the access, turning and parking areas shall be submitted to and approved in writing by the Local Planning Authority. The agreed surface treatment shall be completed prior to the first occupation of the development.

 

Reason:-  To ensure that a satisfactory surface treatment is provided in the interests of highway safety and visual amenity.

 

(9)        Prior to occupation of the proposed development, the applicant/developer shall be responsible for the provision of a Travel Information and Marketing Pack for sustainable transport to be approved by the Local Planning Authority in liaison with Essex County Council.

 

Reason: In the interests of promoting sustainable development and transport in accordance with policy in F.32 in the Essex Road Passenger Transport strategy 2006/11.

 

(10)      Prior to commencement of works, details of the proposed access and footway arrnagements as shown in principal on Plan Ref: BRD/09/030/2 Rev: B shall be submitted to and agreed in writing by the Local Planning Authority. These details shall include a 7.5m minimum radius kerbs, the provision of a 1.8m footway across the site frontage, and a ramped table feature.

 

Reason:- In the interest of highway safety, efficiency and accessibility.

 

(11)      Prior to first occupation of the development hereby approved, there shall be no obstruction within a parallel band visibility splay 2.4m wide as measured from the back edge of the carriageway across the entire frontage onto Hastingwood Road.

 

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

 

(12)      The parking area shown on the approved plan shall be provided prior to the first occupation of the development and shall be retained free of obstruction for the parking of residents and visitors vehicles.

 

Reason:- In the interests of highway safety.

 

(13)      A flood risk assessment shall be submitted to and approved by the Local Planning Authority prior to commencement of development.  The assessment shall include calculations of increased run-off and associated volume of storm detention using Windes or other similar programme.  The approved measures shall be undertaken prior to the first occupation of the building hereby approved and shall be adequately maintained in accordance with a management plan to be submitted concurrently with the assessment.

 

Reason:-  The development is of a size where it is necessary to avoid generating any additional flood risk downstream of the storm drainage outfall.

 

(14)      Prior to commencement of development, including demolition or site clearance works, a phased contaminated land investigation shall be undertaken to assess the presence of contaminants at the site in accordance with an agreed protocol as below.  Should any contaminants be found in unacceptable concentrations, appropriate remediation works shall be carried out and a scheme for any necessary maintenance works adopted.

 

Prior to carrying out a phase 1 preliminary investigation, a protocol for the investigation shall be agreed in writing with the Local Planning Authority and the completed phase 1 investigation shall be submitted to the Local Planning Authority upon completion for approval.

 

Should a phase 2 main site investigation and risk assessment be necessary, a protocol for this investigation shall be submitted to and approved by the Local Planning Authority before commencing the study and the completed phase 2 investigation with remediation proposals shall be submitted to and approved by the Local Planning Authority prior to any remediation works being carried out.

 

Following remediation, a completion report and any necessary maintenance programme shall be submitted to the Local Planning Authority for approval prior to first occupation of the completed development.

 

Reason:-  Since the site has been identified as being potentially contaminated and to protect human health, the environment, surface water, groundwater and the amenity of the area.

 

(15)      Prior to commencement of development, details of levels shall be submitted to and approved by the Local Planning Authority showing the levels of the site prior to development and the proposed levels of all ground floor slabs of buildings, roadways and accessways and landscaped areas. The development shall be carried out in accordance with those approved details.

 

Reason: To enable appropriate consideration to be given to the impact of the intended development upon adjacent properties.

 

(16)      No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

 

1. The parking of vehicles of site operatives and visitors;

2. Loading and unloading of plant and materials;

3. Storage of plant and materials used in constructing the development;

4. The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate;

5. Measures to control the emission of dust and dirt during construction; and

6. A scheme for recycling/disposing of waste resulting from demolition and construction works.

 

Reason:- To limit the impact of the construction work on the living conditions of residents living in close proximity to the site.