Agenda item

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

The Committee considered an application referred to it by Area Planning Subcommittee East at its meeting on 12 January 2012. The Subcommittee had recommended refusal of the application based on it mass, a cramped appearance, too overbearing and detrimental to the street scene.

The Committee heard from a supporter of the application and the applicants agent. Further representations received since the Planning Subcommittee were also reported.

The Committee were of the view that the proposed building had been designed with relief to the frontage and was of an acceptable design in a town centre location. The Committee requested a restriction on construction hours and that the Council should approve the ground floor A1/A3 class uses before occupation.

The Committee therefore granted permission accordingly subject to the completion of a Section 106 agreement for an education contribution and conditions.

Resolved:

That subject to the completion of a legal agreement under Section 106 of the Town and Country Planning Act 1990 within 6 months requiring the developer to pay an index linked education contribution to Essex County Council of £11,944, planning Application EPF/2126/11 at Billie Jeans, 26 High Street, Epping be granted subject to 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.

(2)        The development hereby permitted will be completed strictly in accordance with the approved drawings nos: 2768 L01-1A, 2768 PL04D, 2768 PL05D, 2768 PL06B, 2768 PL07B, 2768 PL10D, 2768 PL10-1D, 2768 PL10-2D, 2768 PL10-3D, 2768 PL10-4D, 2768 PL11-1B, 2768PL11-2B.

(3)        No development, including demolition or preliminary groundwork's 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 in writing by the Local Planning Authority.

(4)        No construction works above ground level shall have taken place until documentary and photographic details of the types and colours of the external finishes have been submitted to and approved by the Local Planning Authority, in writing, prior to the commencement of the development. The development shall be implemented in accordance with such approved details.

(5)        No development shall take place until details of foul and surface water disposal have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with such agreed details.

(6)        No development shall take place until wheel washing or other cleaning facilities for vehicles leaving the site during construction works have been installed in accordance with details which shall be submitted to and agreed in writing by the Local Planning Authority. The approved installed cleaning facilities shall be used to clean vehicles immediately before leaving the site.

(7)        The use hereby permitted shall not be open for customers / members to enter outside the hours of 0700 to 2330 on Monday to Saturday and 0800 to 2300 on Sundays and Bank/Public Holidays.

(8)        No development, including works of demolition or site clearance, shall take place until a Tree Protection Plan and Arboricultural Method Statement in accordance with BS:5837:2005 (Trees in relation to construction) has been submitted to the Local Planning Authority and approved in writing. The development shall be carried out only in accordance with the approved Tree Protection Plan and Arboricultural Method Statement unless the Local Planning Authority gives its written consent to any variation.

(9)        A flood risk assessment and management and maintenance plan 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 best practice tools. The approved measures shall be carried out prior to the substantial completion of the development and shall be adequately maintained in accordance with the management and maintenance plan.

(10)      Prior to commencement of the development details shall be submitted to and approved in writing by the Local Planning Authority for the permanent closure of the redundant vehicular access onto the High Street and to include:

-           The construction of a footway with kerbing to replace the redundant lay-by/vehicular access across the site frontage,

-           Position and type/design of bollards on the new footway.

-           The provision of two dropped kerb crossing points with tactile paving across Half Moon Lane at its junction with the High Street

The approved details shall be implemented prior to first occupation and use of the development.

(11)      There should be no obstruction above ground level within a 2.4m wide parallel band visibility splay as measured from and along the nearside edge of the carriageway of Half Moon Lane. Such vehicular visibility splays shall be provided before the access is first used by vehicular traffic and retained free of any obstruction at all times.

(12)      Prior to first occupation of the proposed development, the Developer shall be responsible for the provision and implementation of a Travel Information and Marketing Scheme for sustainable transport approved by Essex County Council.

(13)      Prior to commencement of the development details showing the means to prevent the discharge of surface water from the development onto the highway shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out in its entirety prior to the access becoming operational and shall be retained at all times.

(14)      The proposed development shall not be occupied until such time as the vehicle parking area indicated on the approved plans, 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.

(15)      Prior to commencement of the development details showing the means to prevent the discharge of surface water from the development onto the highway shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out in its entirety prior to the access becoming operational and shall be retained at all times.

(16)      No deliveries shall take place at the site outside the hours of 0700 to 2100 on Monday to Saturday and 0800 to 1800 on Sundays and Bank/Public Holidays.

(17)      Notwithstanding the details shown on the approved drawings submitted with this planning application, prior to commencement of works, details of waste storage shall be submitted to and agreed in writing by the local planning authority and shall be implemented and maintained in accordance  with the approved details.

(18)      Equipment shall be installed to suppress and disperse cooking/food preparation fumes and smells to a minimum.  The equipment shall be effectively operated and maintained for so long as the use continues.  Details of the equipment shall be submitted to, and approved by, the Local Planning Authority and the equipment shall be installed and be in full working order to the satisfaction of the Local Planning Authority prior to first commencement of use or occupation. 

(19)      All construction/demolition works and ancillary operations, including vehicle movement on site which are audible at the boundary of noise sensitive premises, shall only take place between the hours of 07.30 to 18.30 Monday to Friday and 08.00 to 13.00 hours on Saturday, and at no time during Sundays and Public/Bank Holidays unless otherwise agreed in writing by the Local Planning Authority.

Reason: in the interests of the amenities of noise sensitive properties.

(20)      Prior to first occupation of the ground floor commercial use, details of the proposed class A1 and A3 uses shall be submitted to and approved in writing by the local planning authority. The approved Class Use(s) shall be implemented on site thereafter.

Reason: To seek to clarity of the implemented use and the need for changes of use may result in the need for further planning permission.