REPORT of HEAD OF PLANNING SERVICES to NORTH WESTERN AREA PLANNING COMMITTEE 5 AUGUST 2014
PLANNING APPLICATIONS FOR DETERMINATION BY THE COMMITTEE
TABLE OF CONTENTS
NW1 FUL/MAL/13/01151 WICKHAM BISHOPS PAGE No. 4 New accesses onto Witham and Tiptree Roads and the erection of 27 dwellings and associated estate roads, footpaths, garages, car parking spaces, public open space, foul and surface water drainage and landscaping. Land Opposite Beech Green Tiptree Road Wickham Bishops Essex Applicant:- Mr Alan Collier Agent:- Mr Mike Bowen - Melville Dunbar Associates
NW2 OUT/MAL/14/00186 NORTH FAMBRIDGE PAGE No. 57 Outline planning application for up to 75 market and affordable dwellings, a village centre of up to 1,000 sq m of flexible commercial and community floorspace and a 1.8ha village green and public open space. Land West Of Fambridge Road North Fambridge Essex Applicant:- Mr A & M Raven Agent:- Mr Ian Woodward-Court - Plainview Planning Ltd
NW3 HOUSE/MAL/14/00437 WOODHAM PAGE No. 104 MORTIMER Single storey side extension to existing Grade II listed detached dwelling. Tyndales Southend Road Woodham Mortimer Essex Applicant:- Mr Stuart & Mrs Louise Middleton Agent:- Mr Mark Crocker
NW4 FUL/MAL/14/00441 GREAT TOTHAM PAGE No. 109 Erection of single detached dwelling served by re-positioned access Land Between Mapstones And Ballingdon Maypole Road Great Totham Essex Applicant:- Mr Joseph Greenhow - Joseph Greenhow Planning Ltd.
Agenda Item no. 5 Page 1 / 147 NW5 HOUSE/MAL/14/00483 WICKHAM BISHOPS PAGE No. 122 Demolish post-war garage outbuilding and lean to shed. Replace with single storey outbuilding for pool plant, garaging and storage. Refurbish garden room to walled swimming pool area. Wickham Place Station Road Wickham Bishops Essex Applicant:- Mr & Mrs Peter Spalding
NW6 LBC/MAL/14/00484 WICKHAM BISHOPS PAGE No. 133 Demolish post-war garage outbuilding and lean to shed. Replace with sensitively designed single storey outbuilding for pool plant, garaging and storage. Refurbish garden room to walled swimming pool area. Wickham Place Station Road Wickham Bishops Essex Applicant:- Mr & Mrs Peter Spalding
NW7 LBC/MAL/14/00487 WOODHAM PAGE No. 142 MORTIMER Single storey side extension to existing Grade II listed detached dwelling. Tyndales Southend Road Woodham Mortimer Maldon Applicant:- Mr Stuart & Mrs Louise Middleton Agent:- Mr Mark Crocker
Agenda Item no. 5 Page 2 / 147 BACKGROUND PAPERS
The Background Papers listed below have been relied upon in the preparation of this report: 1. The current planning applications under consideration and related correspondence. 2. All third party representations and consultation replies received. 3. The following Statutory Plans and Supplementary Planning Guidance, together with relevant Government legislation, Circulars, Advice, Orders, Directions and Guidance:
Development Plans Maldon District Replacement Local Plan – Saved Policies
Legislation The Town and Country Planning Act 1990 (as amended) Planning (Listed Buildings and Conservation Areas) Act 1990 Planning (Hazardous Substances) Act 1990 The Planning and Compensation Act 1991 and The Planning and Compulsory Purchase Act 2004 (as amended) The Planning Act 2008 The Town and Country Planning (General Permitted Development) Order 1995 (as amended) The Town and Country Planning (Development Management Procedure) (England) Order 2010 The Town and Country Planning (Use Classes) Order 1987 (as amended) The Town and Country Planning (Control of Advertisements) (England) Regs 2007 The Town and Country Planning (Environmental Impact Assessment) Regs 2011 Localism Act 2011 The Town and Country Planning (Local Planning) (England) Regulations 2012 Growth and Infrastructure Act 2013
Supplementary Planning Guidance and Other Advice (including emerging Local Development Plan Documents) i) Government policy and guidance National Planning Policy Framework and Technical Guidance Planning practice guidance for renewable and low carbon energy Relevant government circulars ii) Essex County Council Essex Design Guide 1997 iii) Maldon District Council Local Development Plan Preferred Option Consultation 2012 Vehicle Parking Standards Supplementary Planning Document (SPD) Accessibility to Buildings SPD Children’s Play Spaces SPD Sadd’s Wharf SPD Heybridge Basin Timber Yard SPD Developer Contributions Guide Affordable Housing Guide Heybridge Basin Village Design Statement Wickham Bishops Village Design Statement
Copies of all Background Papers are available for inspection at the Maldon District Council Offices, Princes Road, Maldon, Essex CM9 5DL during normal office hours.
Agenda Item no. 5 Page 3 / 147 Agenda Item no. 5 Page 4 / 147 NW1 Application Number FUL/MAL/13/01151 Location Land Opposite Beech Green Tiptree Road Wickham Bishops Essex Proposal New accesses onto Witham and Tiptree Roads and the erection of 27 dwellings and associated estate roads, footpaths, garages, car parking spaces, public open space, foul and surface water drainage and landscaping. Applicant Mr Alan Collier Agent Mr Mike Bowen - Melville Dunbar Associates Date Valid 3 January 2014 Target Date 4 April 2014 Case Officer Samantha Gibbs, TEL: 01621 875861 Parish WICKHAM BISHOPS
1. Introduction
1.1 This application is brought to the North Western Area Planning Committee for determination as it represents a major application that is also a departure from the local plan.
2. Site Description
2.1 The application site is located outside of the settlement of Wickham Bishops but immediately adjacent to it and within a Special Landscape Area.
2.2 The site is within close proximity to the junction of Tiptree Road with The Street, Witham Road and Church Road. This junction is known as “Snows Corner”. The site forms an open parcel of land with many mature planting features on its boundaries including some protected trees (TPOs) along the south eastern most boundary. There is also a protected ancient woodland (PAW) to the rear (north) of the site – Chantry Wood.
2.3 To the immediate south the site adjoins the rear gardens of a number of properties, including, from west to east, The Copse, Copse End, Corner Oaks and Upper Grove. To the immediate north west, the site adjoins the boundary of the dwelling “Lizida”. The eastern most site boundary adjoins Tiptree Road which is where the only current access to the site is located, in a position approximately opposite the turning into Breech Green (a private cul-de-sac).
2.4 The site has an area of approximately 2.06 hectares. There is a gradual fall in the land by approximately 4m from the southern edge to the northern most corner of the site.
3. The Proposal
3.1 Planning permission is sought for 27 dwellings and two new accesses onto Tiptree Road and Witham Road. The proposal would incorporate 14 dwellings types comprising a combination of 1, 2, 3, 4 and 5 bedroom units. This would be in the form of detached and semi detached dwellings and two2 apartments.
Agenda Item no. 5 Page 5 / 147 3.2 The development would be formed by the following mix of units:
House Type Height Bedrooms Number of Units Affordable or per unit proposed market A, B, B1 Two storey 2 6 Affordable C, C1 Single storey 2 4 Affordable K Single Storey 1 2 Affordable D, D1, D2 Single storey 3 4 Market E 1.5 storey 3 1 Market F, G Two storey 4 4 Market H 1.5 storey 4 3 Market J 2.5 storey 5 3 Market TOTAL 12 affordable UNITS 27 15 Market
House type A 3.3 This is a two storey gable end dwelling with a rear projecting two storey gable. The main entrance into the building would be via the rear elevation which faces the parking area. The front elevation would face onto the access serving plots 16 to 19 and plots 22-27.
3.4 The building would represent a pair of apartments on plots 20 and 21. The building would measure 10m to the top of the chimney, 8.7m to the ridge and 5m to the eaves. It would have a width of 10.35m and a depth of 10.6m (max).
3.5 Each apartment would be on a single floor and comprise two bedrooms, a bathroom and an open plan kitchen and living room area. The first floor apartment would have a balcony measuring 4.9m wide and 1.9m in depth (9.31sqm). The flats would have a shared amenity space of 85sqm.
House type B 3.6 This house type would form a pair of semi detached two storey dwellings on plots 18 and 19. The structure would have a hipped roof and a symmetrical front elevation with a single porch on the far side of each unit. The building would have a height of 10.2m to the top of the chimney, 9.11m to the ridge and 4.95m to the eaves. The entire building would measure 12.2m wide and 9.1m in depth.
3.7 Each dwelling would contain a living room, large hall, store, wc and open plan kitchen and diner at ground floor with two bedrooms and a bathroom at first floor level. Both dwellings would have two parking spaces and would have amenity spaces of 119 sqm (plot 18) and 95sqm (plot 19).
House type B1 3.8 This represents a pair of semi detached two storey dwellings on plots 16 and 17. The dwellings would be handed with a double gable front. Each unit would contain a
Agenda Item no. 5 Page 6 / 147 living room, large hall, store, wc and open plan kitchen and diner, with two bedrooms and a bathroom at first floor level. The layout would be comparable to house type B.
3.9 The pair would measure 10.2m in height to the chimney, 9.04m to the ridge and 4.8m to the eaves. Each dwelling would measure 8.4m in depth and 6.1m wide, amounting to a total width of the pair of 12.2m.
3.10 Amenity space would be 79sqm for plot 16 and 96sqm for plot 17. Two parking spaces would be provided per dwelling. A bin collection point for the two dwellings would be provided adjacent to the parking area.
House type C 3.11 This house type is a bungalow provided on plot 24, adjacent to the rear (north) boundary, and plot 27, adjacent to the south eastern boundary just east of “Upper Grove”. Each bungalow would contain two bedrooms one with en suite, a bathroom, open plan dining room, kitchen and living room, utility room and a garden room. The bungalows would measure 7.03m to the top of the chimney, 5.81m to the ridge and 2.4m to the eaves. The height of the garden room would differ with a ridge height of 4.25m and eaves also of 2.4m. Each would have a maximum width of 11.4m and a maximum depth of 12.51m.
3.12 The bungalows would have an open canopy porch on the front elevation and a bay window with pitch over. The front roof slope also shows a single velux window.
3.13 Amenity space would be 105sqm (plot 24) and 165sqm (plot 27). Two parking spaces would be available for each dwelling.
House type C1 3.14 This type represents a pair of semi detached bungalows sited on plots 25 and 26 which have the same, individual appearance, depth and materials as house type C. The pair would be handed in design and have a width of 11.23m each, with a combined width of 22.45m. Internal layouts would also match those of the house type C. two parking spaces are proposed for each unit and amenity space would amount to 95sqm (plot 25) and 65sqm (plot 26).
House type D 3.15 A single dwelling is proposed in this design on plot 15 which would be located to the north of “The Copse”. The dwelling would be a single storey property measuring 6.78m to the top of the chimney, 5.56m to the ridge and 2.4m to the eaves. This would be a hipped roof property with a forward and rear projecting gable. The dwelling would have a maximum depth of 16.7m and maximum width of 11.4m. It would contain a large open plan kitchen and dining room with sliding doors into the living room, a utility, store, three bedrooms, two with en suites, and a linen and coat room. It is noted that the large en suite would also be accessed via the hall and serve as the main bathroom to the property.
3.16 Amenity space would amount to 225sqm and two parking spaces would be provided by way of a car port.
Agenda Item no. 5 Page 7 / 147 House type D1 3.17 This design reflects house type D but would serve as a pair of semi detached dwelling on plots 13 and 14, located immediately north of “The Copse”, “Copse End” and “Corner Oaks”. The pair would measure 6.78m to the top of the chimney, 5.56m to the ridge and 2.4m to the eaves. The pair would have the same depth as house type D (16.7m) and measure a total combined width of 29.1m. The dwellings would be handed and contain three bedrooms two with en suites, a living room, open plan dining room and kitchen, utility, store, linen and coat room. The internal layout would replicate that of house type D. the only difference is that the semi detached dwellings would each have an integral single garage located in the centre of the building. these would measure 3.15m wide and 7.4m in depth. Each garage would have a small integral store and a doorway leading into each garden.
3.18 Plot 13 would have a rear amenity space of 150sqm and plot 14 would have an amenity space of 215sqm. In addition to the integral garage, each dwelling would have one additional parking space.
House type D2 3.19 This is a detached version of house type D1 and is a bungalow with integral single garage. The internal floor layout reflects that of house type D1 on plot 13 with measurements also matching (16.7m depth and maximum width of 14.6m). Materials would also be the same. This dwelling would be sited on plot 12 which is immediate north of “Corner Oaks” and “Upper Grove”. The dwelling would have one additional car parking space to the integral garage and have a rear private amenity space of 265sqm.
House type E 3.20 This is a detached 1.5 storey, L shaped dwelling with single storey rear projection on plot 11 which is to the north / north east of “Upper Grove”. The first floor accommodation, served by roof lights and dormers, would be in the roof space providing three bedrooms, two bathrooms and a cupboard. At ground floor there would be a living room, dining room, kitchen / breakfast room, utility, store and wc. An area is also shown for a “potential house lift” although details are not provided on this.
3.21 The dwelling would have a height of 9.35m to the top of the chimney, 7.94m to the ridge and 3.55m to the eaves. It would have a width of 11m and a maximum depth, including single storey rear projection of 11m.
3.22 The dwelling would benefit from two parking spaces, a single detached garage and a rear private amenity space of 340sqm.
House type F 3.23 There are three dwellings proposed in house type F on plots 2, 5 and 10. These are two storey detached dwellings comprising four bedrooms, two with en suites, and a bathroom at first floor level.
3.24 The dwellings would measure a maximum of 11.05m in depth and 9.57m in width and would have a height of 9.58m to the top of the chimney, 8.48m to the ridge and 4.8m to the eaves. The dwellings would have a pyramidal / full hipped roof with the rear gabled projection. This would have a lower ridge height of 7.2m.
Agenda Item no. 5 Page 8 / 147 3.25 Plot 2 would benefit from a double garage and two additional parking spaces in front, with a rear private amenity space of 416sq.
3.26 Plot 5 would have a single garage with two further tandem parking spaces in front of this, and a rear private amenity space of 190sqm. This plot would be immediately east of one of the areas of public open space.
3.27 Plot 10 would similarly have a single garage and two additional tandem parking spaces. The amenity space for this dwelling would amount to 136sqm.
House type G 3.28 House Type G is a gable ended dwelling with a rear gable projection. It is a two storey design and would offer a four bedroom dwelling on plot 6. This is located along the rear site boundary adjacent to Chantry Wood.
3.29 The dwelling would have a height of 9.75m to the top of the chimney, 8.33m to the ridge and 4.93m to the eaves. The maximum width of the dwelling would be 10.55m and its maximum depth, including rear projection, would be 10.59m. Internally, four bedrooms are proposed at first floor level, two with en suites, along with a family bathroom and cupboard. At ground floor a living room, dining room, open plan kitchen and breakfast room, wc, utility and store are proposed.
3.30 The dwelling would have 117sqm of rear private amenity space along with a single garage and two further tandem parking spaces.
House type H 3.31 This design is a 1.5 storey dwelling that would be provided on plots 7, 8 and 9. These are located along the rear boundary of the site adjacent to Chantry Wood. Each would be detached with two bedrooms at ground floor and a further two bedrooms in the roof space. Each of the bedrooms would have an en suite and access to the first floor would be via a spiral staircase. The rooms in the first floor would be served by both roof lights and dormers with cat slide roofs.
3.32 Access into the dwelling would be via a centrally positioned doorway with elongated porch linking to a front bay window.
3.33 This dwelling type would measure 8.65m to the top of the chimney, 7.23m to the ridge and 2.5m to the eaves. The two rear projecting elements of the dwelling, creating the U shaped form, would have a lower ridge height of 5.9m. The dwelling type would have a width of 14.8m and a depth, including rear projections, of 12.2m.
3.34 Plot 7 would have an amenity space of 171sqm, plot 8 would have 170sqm of amenity space and plot 9 would have 210 sqm of amenity space.
3.35 Each of the three dwellings would have a single garage and two tandem parking spaces.
Agenda Item no. 5 Page 9 / 147 House type J 3.36 House type J would be sited on plots 1, 3 and 4 and represents 2.5 storey dwellings with dormers and roof lights serving the rooms in the roof. These are the largest of the proposed dwellings, with a height of 11.47m to the top of the chimney, 10.14m to the ridge and 5.7m to the eaves. The dwelling type would be a gabled ended structure with rear hipped roof projection (2.5 storey) and single storey lean to with a hipped roof. These dwellings would contain five bedrooms, two in the roof and three at first floor. Three would have en suites and there would be an additional family bathroom and study at first floor level. A dressing room would also be provided for bedroom 2 within the roof space.
3.37 At ground floor level the dwellings would each contain a large utility, wc, open plan kitchen and breakfast room, leading onto the dining room, a family room linked to the kitchen space and a large living room. In terms of scale the maximum depth of this dwelling type would be 12.82m including the front bay windows and single storey rear addition. The maximum width of the dwelling would amount to 11.92m.
3.38 Amenity space for the dwellings would amount to 365sqm (plot 1), 345sqm (plot 3) and 570sqm (plot 4). All plots would benefit from a detached double garage and two additional parking spaces in front of the garages. Plot 3 would also have a private turning area adjacent to the parking area.
House type K 3.39 This represents a pair of semi detached bungalows, of a hipped roof design, located on plots 22 and 23 towards the rear (north) of the site. Each unit would contain one bedroom, an open plan living room, diner and kitchen, a bathroom, linen cupboard and store. The building would have a total width of 16.35m and a depth of 7.7m excluding the open canopy porches. The maximum height would be 7.03m to the top of the chimney, 5.53m to the ridge and 2.4m to the eaves.
3.40 Plot 22 would have a garden amenity space of 105sqm and plot 23 would have a garden space of 90sqm. Both plots would have two parking spaces.
3.41 It is understood that these units would be at a discounted sale rate.
Materials 3.42 Materials for the entire development would comprise a mix of the following: Roofs: • Terracotta or brown pan tiles • Terracotta or brown plain tiles • Blue / black reconstituted slate Walls: • Red or brown multi stock brick • White horizontal composite boarding • Painted smooth or textured render Doors / windows: • White Painted Timber • White UPVC • GRP composite front doors with a painted finish • White painted timber or metal garage doors
Agenda Item no. 5 Page 10 / 147 Timber goods: • White painted timber Rainwater goods: • Profiled aluminium black finished • Half round black UPVC gutters and round downpipes
General site features 3.43 Many of the dwellings would benefit from a garage or carport. These can be summarised as follows:
Garage type Height Depth Width Plot numbers (ridge) Single detached 4.39m 7.42m 3.37m 5
Double detached 4.97m 7.42m 7.42m 6, 7, 8, 9, 10, 11 type 1 (front gable) Shared double 4.97m 7.42m 6.52m 1, 2, 3, 4 detached Shared triple 4.97m 7.42m 9.89m 25, 26, 27 detached Double carport 4.8m 6.07m 6.29m 15 detached Bin and cycle store 3.85m 5.84m 3.82m 20-21
3.44 The development would be accessed via two points, one off a new access onto Witham Road and the other a new access off Tiptree Road. Plots 1 to 15 would be served by the access off Witham Road which would have a length of approximately 120m before it reduces to a looped private drive. This then links to a pedestrian footpath enabling access through the site on foot or cycle only.
3.45 Plots 16 to 27 would be served by the new access off Tiptree Road. The length of this access as a maximum is 39m before changing to a private drive and footpath.
3.46 There are currently no public footpaths along the front of the site and two are therefore proposed, the longest of which would be along Tiptree Road leading to “Snows Corner”. A shorter footpath would be provided in a western direction along Witham Road from the new proposed access, stopping adjacent to “Lizida”.
3.47 The development incorporates five areas of public open space amounting to a total area of 0.38 hectares or 14% of the site area. The largest of these is proposed in the north western corner which would have an area of 0.14 hectares. This area is said to be at the lowest level and would contain a shallow depression capable of containing water after heavy rainfall.
3.48 The second largest is area 3 which is located in the centre of the site in a “village green” form. This has an area of 0.09 hectares. The remaining three areas reduce in size to 0.03 hectares at the minimum.
Agenda Item no. 5 Page 11 / 147 3.49 A hard landscaping detail plan (reference 696-P006 rev A) was submitted showing materials to be used throughout the site. The materials vary for different areas of the site, with the patio areas for dwellings being in buff slabs, the shared access points being in tarmac and the private drives being defined by the brindle coloured block work.
3.50 Gates are also shown for driveways and access into the rear gardens. The plan also shows the types of fencing that would be used to define boundaries, including 1.8m close boarded fencing. A 2m high close boarded fence is proposed along the northern site boundary between the rear boundaries of dwellings on plots 5-9, 16-18 and 22-24 with the woodland maintenance buffer strip and the woodland itself. The boundary of public open space area 1 with the woodland and the rear boundary of plot 4 would have a 1.2m high timber post and rail fence. The fencing details are show on plan reference 696-P007 revision A and full details of all hard landscaping proposed, including bin and water butt position are shown on plan 696-P006 Revision A.
3.51 As part of the development, the proposal seeks to provide a 1.5m wide woodland buffer strip to the north of the site separating domestic gardens from the woodland. It is proposed to provide gates at either end of the buffer strip to give access for supervision and maintenance purposes only. The 2m high close boarded fencing along the rear boundaries of residential gardens would separate the domestic element of the scheme from the buffer strip.
3.52 Limited soft landscaping details have been submitted, although the site plan does show some areas where landscaping is or would be required. It is noted that some trees require removal as part of this development, the full details of which are contained in the tree report.
3.53 Draft heads of terms have been submitted indicating agreement to contribute to education provision, provide affordable housing and public open space.
3.54 The following documents have also been submitted: Tree survey and plan Indicative drainage layout Flood Risk Assessment Ecology Assessment Phase 1 Desk Top Study Transport Assessment Statement of Community Involvement Design and Access Statement Planning Statement
4. Relevant Planning History 09/00897/WTPO - TPO 5/90 Fell Poplar trees in Group 1 and replant same number of trees, mixed species. Approved 10.12.2009
Agenda Item no. 5 Page 12 / 147 5. Consultation Replies
Parish Council Wickham Bishops Parish Council
Original response: Recommend Approval but draw attention to the following Parishioner concerns: The footpath needs to be on the North East Side of the road and for safety we would like this to be between the road and the Trees there is some discrepancy in the paperwork. Concerns were raised about the access points to the development on both Witham Road and Tiptree Road. We would like MDC to consult with ECC highways to check the safety of these. Specific concerns regarding drainage and the knock on impact to existing homes. The top end of the site has an existing drainage problem but the plans do not appear to address this. is MDC satisfied that this issue will be solved by the proposal. Although some trees will need to be removed for the entrance and sight lines the removal should be limited
Revised response: Additional information does not affect the Council’s comments.
External Anglian Water Services (AWS) Original response: Assets Affected Records show that there are no assets owned by Anglian Water or those subject to an adoption agreement within the development site boundary.
Wastewater Treatment The foul drainage from this development is in the catchment of Great Totham STW that will have available capacity for these flows.
Foul Sewerage Network The sewerage system at present has available capacity for these flows. If the developer wishes to connect to the sewerage network they should serve notice under Section 106 of the Water Industry Act 1991. AWS will then advise them of the most suitable point of connection.
Surface Water Disposal The surface water strategy/flood risk assessment is not relevant to AWS. Request that the agreed strategy is reflected in the planning approval.
Trade Effluent Not applicable.
Revised response Anglian Water would not comment on the amended Flood Risk Assessment at this stage until we receive the Discharge of Conditions on this application.
Agenda Item no. 5 Page 13 / 147 British Telecoms No response received at time of writing.
Essex County Council Education Department Original response Request that any permission that is granted should be subject to a section 106 agreement to mitigate its impact on primary and secondary education. For the development of the mix stated the primary school contribution would be £78,195 and secondary school contribution would be £79,195 (index linked to April 2013 costs).
Revised response One storey plus attic cannot be considered flats as the upper floor is for habitation. The unit mix would therefore give rise to a contribution of £125,912 index linked to April 2013 costs.
Third response As there is a “for profit” element to this development the standard developer contribution policy has been applied by Essex County Council. In circumstances such as this it is expected that that LPA reviews the viability and may decide that circumstances do not permit the LPA to support the requested contribution.
Fourth response Based on the information provided, a s106 school contribution of £85,037 would be required for market housing only. This is based on four of the units being flats & the remaining 11 being houses. Primary = £42,249 Secondary = £42,788
(Officer Note: This basis makes the assumption that the affordable housing element will accommodate children who are already in the locality and therefore presently attend local schools.)
Environment Agency Original response The site lies within flood zone 1 and exceeds 1 ha in size. A Flood Risk Assessment (FRA) is required to demonstrate adequate surface water management. This has been submitted (dated September 2013 Job Ref: 2072E).
The FRA does not address all issues set out in paragraph 9 of the Technical Guide to the NPPF and does not therefore provide a suitable basis for assessment to be made of the flood risks arising from the development.
Environment Agency continued - The FRA fails to 1. Demonstrate that a SuDS scheme with storage for flows up to the 1 in 100 year climate change event can be successfully accommodated on site without impact on proposed and existing property. 2. Demonstrate use of the Suds hierarchy by providing evidence regarding the possibility for infiltration in accordance with BRE365. 3. Consider how people will be kept safe from flood hazards. 4. Fully consider all sources of flooding.
Agenda Item no. 5 Page 14 / 147 Environment Agency continued - 5. Consider the effect of a range of flooding events including extreme events on people and property.
The EA objection can be overcome by submitting an FRA which covers the deficiencies highlighted above and demonstrates that the development will not increase risk elsewhere and where possible reduces flood risk overall.
The FRA should demonstrate that an adequate surface water management strategy will be adopted. With regards to surface water management, the FRA should provide: 1. Confirmation that any runoff from the developed site shall not exceed the existing Greenfield runoff rates for a range of equivalent return period rainfall events over the lifetime of the development. The submitted FRA suggests the Greenfield run off rate for the 1 in 100 year climate change event will be the maximum flow permitted to discharge to the watercourse. The Environment Agency requires flows to be limited to the 1 in 1 year Greenfield run off rate, with all other flows attenuated up to the 1 in 100 climate change. 2. Calculations to demonstrate that the proposed surface water management scheme has been adequately sized to accommodate the critical duration 1 in 100 year rainfall event including allowances for climate change without causing nuisance or damage. The management strategy should consider both storage and conveyance of surface water. 3. Plans and drawings showing the locations and dimensions of all aspects of the proposed surface water management scheme. The submitted plans should demonstrate that the proposed drainage layout will perform as intended based on the topography of the site and the location of the proposed surface water management features. In addition, full design details, including cross sections of any proposed infiltration or attenuation features will be required. 4. Confirmation that in the event of exceedance flows that surpass the critical duration rainfall event or a blockage/failure occurs within the drainage network any proposed features should incorporate an emergency spillway as part of their design. We suggest that the emergency spillway directs any exceedance flows away from the development. 5. Sufficient information to demonstrate that people and property will be kept safe from flooding, with consideration given to overland flow routing where required. 6. Details of the future adoption and maintenance of all aspects of the surface water drainage strategy. The local planning authority should be satisfied that arrangements are in place for the long term maintenance and management of the surface water management scheme. 7. Information to demonstrate that priority is given to the use of sustainable drainage systems (SUDS) for the disposal of surface water from all elements of the development proposal. Therefore, the scheme shall incorporate the SUDS “Management Train” and ensure all features are designed in accordance with CIRIA (C697) The SUDS Manual so ecological, water quality and aesthetic benefits can be achieved in addition to the flood risk management benefits. In addition, the maintenance requirements for the SUDS element of the proposed surface water drainage system should be formulated as per the recommendations within the CIRIA SUDS Manual (C697). 8. A GPS verified Topographic survey should be submitted.
Agenda Item no. 5 Page 15 / 147 Environment Agency continued - 9. Evidence to establish if the principles of any infiltration based surface water drainage strategy are achievable on site based on the ground conditions. The FRA should provide evidence that the ground conditions are suitable for the proposed methods, such as infiltration or soakaway tests which adhere to BRE365 guidance.
Revised response The development will only meet the requirements of the NPPF if conditions are imposed to require measures detailed in the FRA (Ref 2072E/B) to be implemented. Recommend conditions (in accordance with details in FRA 2072E/B; mitigation measures; surface water drainage details to be agreed by the LPA).
English Heritage Original and revised response Not considered necessary for this application to be notified to English Heritage.
Essex County Fire and Rescue Appears that the access for fire service appliances is satisfactory but will be considered in more detail at building regulations consultation stages. The local authority building control or an approved inspector will consult the fire authority at building regulations stages. Additional water supply for firefighting may be necessary. Contact the water technical officer at services headquarters. Evidence that installation of automatic water suppression systems can be effective in the rapid suppression of fires. The department therefore urges the developer to consider this even when not required under building regulations.
Essex and Suffolk Water Existing apparatus does not appear to be affected by the proposed development. We have no objection to the development subject new water mains being laid in highway on the site, and water connections made onto E&SW network for each new dwelling.
Essex Wildlife Trust No response received at time of writing.
Forestry Commission No response received at time of writing.
Highways Authority No objection subject to conditions (construction method statement; new road junctions; access arrangements; footways; bus stop; residential travel plan; private drives; estate roads and footways; carriageway construction) and informatives.
Mid Essex Health Authority No response received at time of writing.
National Grid Affected Apparatus Low or Medium pressure (below 2 bar) gas pipes and associated equipment has been identified as being in the vicinity of the site. (As a result it is highly likely that there are gas services and associated apparatus in the vicinity).
Agenda Item no. 5 Page 16 / 147 National Grid continued - Requirements Before carrying out any work you must: Carefully read these requirements including the attached guidance documents and maps showing the location of National Grid apparatus. Contact the landowner and ensure any proposed works in private land do not infringe National Grid's legal rights (i.e. easements or wayleaves). If the works are in the road or footpath the relevant local authority should be contacted. Ensure that all persons, including direct labour and contractors, working for you on or near National Grid's apparatus follow the requirements of the HSE Guidance Notes HSG47 - 'Avoiding Danger from Underground Services' and GS6 – 'Avoidance of danger from overhead electric power lines'. This guidance can be downloaded free of charge at http://www.hse.gov.uk In line with the above guidance, verify and establish the actual position of mains, pipes, cables, services and other apparatus on site before any activities are undertaken.
Natural England Original response Statutory nature conservation sites – no objection. Based upon the information provided, Natural England advises the Council that the proposal is unlikely to affect any statutorily protected sites or landscapes.
Protected species We have not assessed this application for impacts on protected species. Natural England has published Standing Advice on protected species and the LPA should apply this to the development. This would not give any indication or assurance that the development would be unlikely to affect European Protected Species (EPS) and should not be interpreted as meaning that Natural England has reached any views as to whether a licence may be granted.
Local sites If the proposal site is on or adjacent to a local site, e.g. Local Wildlife Site, Regionally Important Geological/Geomorphological Site (RIGS) or Local Nature Reserve (LNR) the authority should ensure it has sufficient information to fully understand the impact of the proposal on the local site before it determines the application.
Biodiversity enhancements This application may provide opportunities to incorporate features into the design which are beneficial to wildlife, such as roosting opportunities for bats or installation of bird boxes. The LPA should consider securing measures to enhance the biodiversity of the site,if permission is granted in accordance with Para 118 of the NPPF. Additionally, we would draw your attention to Section 40 of the Natural Environment and Rural Communities Act (2006) which states that ‘Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity’. Section 40(3) of the same Act also states that ‘conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat’. Agenda Item no. 5 Page 17 / 147 Natural England continued - Landscape enhancements This application may provide opportunities to enhance the character and local distinctiveness of the natural and built environment; use natural resources more sustainably; and bring benefits for the local community, for example through green space provision and access to and contact with nature. Landscape characterisation and townscape assessments, and associated sensitivity and capacity assessments provide tools for planners and developers to consider and ensure that new development makes a positive contribution in terms of design, form and location, to the character and functions of the landscape and avoids any unacceptable impacts.
Revised response The amendments relate largely to design and are unlikely to have significantly different impacts on the natural environment.
NHS Property Services No response received at time of writing.
Sustainable Urban Drainage Team Original response Until become the SuDS Approval Body (SAB), the team can only provide informal comments on SuDS schemes (on sites over 1ha), which are given without prejudice to any future application under Schedule 3 of the Flood and Water Management Act 2010. The Environment Agency remains the statutory consultee on surface water.
Ideally look for SuDS to comply with: The CIRIA SuDS Manual (C697) DEFRA’s draft SuDS National Standards Essex County Council’s (ECC’s) emerging Sustainable Drainage Design and Adoption Guide
To keep open the possibility of Essex County Council as the future SAB being able to adopt them. This will, however, be subject to any future Voluntary Adoption Policy developed and full and clear evidence that SuDS meet the relevant criteria would be expected.
Comments on the surface water drainage strategy following review of the FRA:
It would appear that the estimated 1 in 100 year greenfield run-off rate of 40 litres/sec (para. 5a.1) is very high for this site. We would expect this figure to be in the region of 7 to 10 litres/sec as indicated using the IH 124 method for small catchments. This needs to be checked as any discrepancy in the allowable run-off rate will affect the amount of attenuation/storage that would be required. Ideally look for surface SuDS features to be used in the place of pipework and underground storage structures as their performance is much easier to observe and maintenance/access is easier to undertake. Detention/attenuation ponds should incorporate stepped side slopes of maximum of 1 in 3 and permanent water depths should generally not exceed 1.2m.
Agenda Item no. 5 Page 18 / 147 Sustainable Urban Drainage Team continued - Enclosed standing advice note explaining the implications of the Flood and Water Management Act and SABs being established which could be enclosed as an informative.
Revised response Previous response dated 11 February 2014 is superseded by the following:
Until become the SuDS Approval Body (SAB), the team can only provide informal comments on SuDS schemes (on sites over 1ha), which are given without prejudice to any future application under Schedule 3 of the Flood and Water Management Act 2010. The Environment Agency remains the statutory consultee on surface water.
Ideally look for SuDS to comply with: The CIRIA SuDS Manual (C697) Defra’s draft SuDS National Standards Essex County Council’s (ECC’s) emerging Sustainable Drainage Design and Adoption Guide
Having reviewed the amended FRA which accompanies the application, our comments on the surface water drainage strategy are as follows: We would ideally look for surface SuDS features to be used in the place of pipework and underground storage structures as their performance is much easier to observe and maintenance/access is easier to undertake. It is noted from the FRA (para. 2.4) that although soakage testing was attempted on the site on 12 April 2013, no details or results are included. Detailed soil infiltration testing has not been carried out and therefore the potential for SuDS infiltration has not been investigated in any detail. Further testing, analysis and design is recommended to determine the scope for the use of infiltration techniques (if applicable). Whilst it is appreciated that the drainage layout plan (No. 696.P001.C) is indicative, we do not consider the provision of a flow control device in Manhole S1A restricting discharge to 14 li/sec will be effectual. A similar device shown in the upstream manhole (S1) restricting outflow to 5 li/sec will mean that the maximum flow through Manhole S1A will be 5 li/sec and so a flow of 14 li/sec would never be attained.
No further specific comments but attach standing advice explaining the implications of the Flood and Water Management Act and SABs being established which could be enclosed as an informative.
UK Power Networks No objection but there are existing parts of the electricity distribution network on and next to the site that need to be considered. There is an existing high voltage underground electricity cable running along the boundary with Lizida and the boundary with Chantry Wood. This cable is an important part of the local electricity distribution network and will need to be diverted to ensure it can be accessed in the event of a cable fault. A cable route through the development will be required; there will need to be adequate width for the diverted cable on the footpath only section between plots 9 and 24. This is obviously dependent on the other utilities that will need to share this route. Agenda Item no. 5 Page 19 / 147 UK Power Networks continued - The cable leaves the site opposite Beech Green in the proposed public open space and a cable route will also be required in this area to join to the existing cable.
There is also an existing high voltage underground electricity cable running along Witham Road. This will require a diversion in the area of the proposed site entrance.
Finally there is an existing low voltage overhead line along Tiptree Road.
Construction work on the site will need to be in accordance with both the Health and Safety Executive (HSE) Guidance Note HSG47 “Avoiding Danger from Underground Services” and HSE Guidance Note GS6 “Avoidance of danger from overhead electric lines”.
Internal Countryside and Coast Officer Recommend the following conditions: 1. Any tree or scrub clearance or major pruning works are undertaken between October and February inclusive. If this is not possible then such works should be carried out under the supervision of a suitably experienced ecologist. 2. All external lighting should be designed following BCT/ILE(2009) lighting best practice guide. Any temporary lighting required during construction should be aimed towards the ground and cowled to avoid light spillage beyond the site boundary.
Emergency Planner No objection. The site is in Zone 1 (not at risk of fluvial flooding). The developer has given details on how the surface water on site will be managed.
Environmental Health Recommend conditions (surface water; foul drainage; external illumination; contamination) and informatives (nuisance).
Housing Department Strategic Housing Services fully supports this application.
Housing Policy H9 stipulates a requirement of 30% affordable housing with a split of 98% social rented and 2% shared ownership. However, we would accept affordable rented (as currently social rented stated in the policy) provided the RP (Registered Provider/Housing Association) is in contract with The Homes and Communities Agency. The Affordable units proposed are - 2 x one bed bungalows 2 x two bed flats 4 x two bed houses 4 x two bed bungalows.
The tenure for the affordable units will be a mixture of affordable rent/ Intermediate/ shared ownership.
Agenda Item no. 5 Page 20 / 147 Housing Department continued - The gross costs of the affordable units (rent/service charge etc.) have to be within Maldon District Council's Strategic Tenancy Strategy guidelines and delivered by a Registered Provider in partnership with The Homes and Communities Agency.
This scheme has been developed alongside the identified need for affordable homes within the Parish using the Housing Needs Survey commissioned by the Parish Council with the Rural Community Council of Essex. That survey identified 11 households in housing need and recommended the development of five smaller affordable homes in April 2010.
This site was considered a suitable option to bring forward a Rural Exception Site, however, this application seeks to provide a larger number of homes. Through working with the Parish Council the Council's Housing Service has sought to ensure that the principle of securing affordable homes to meet the needs of those resident in/with a connection to the Parish is retained in addition to providing homes to meet the needs of older people in the area thereby improving the overall supply of housing and resolving the problems caused by lack of affordable homes.
The proposal exceeds the Council's policies for affordable homes by providing a larger proportion, a better mix and agreement for allocation that specifically responds to the need identified for the Parish.
Planning Policy In principle there is no objection: The scheme is to provide 44% affordable which exceeds RLP and LDP requirements and will help to address general affordable housing need in the District as identified in the 2014 SHMA. Site is just outside existing development boundary and is identified as a site suitable for residential development in the SHLAA (site reference: 1827b)
There is currently a lack of five year housing land supply in the District and therefore the relevant housing policy in the RLP is considered out-of-date. Where relevant policies are out-of-date, paragraph 14 of the NPPF indicates that LPA should grant planning permission in this case unless ‘any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole’ or ‘specific policies in this Framework indicate development should be restricted.’
Senior Conservation and Urban Design Officer -No objection. Access The two access points are sensible to avoid an inward looking development. This will allow free flow for vehicles through the site and creates road facing development. Plenty of landscaping around the access points is consistent with existing characteristics on Witham Road and Tiptree Road.
Layout The density of 13dph is appropriate to Arcadian characteristics. As above, the road facing development is preferable to cul-de-sacs. The grouping of the single storey dwellings around the green creates a focus for residents and space for socialising.
Agenda Item no. 5 Page 21 / 147 Senior Conservation and Urban Design Officer continued - The open space between plots 4 and 5 allows a transitional point from built form to woodland.
Scale The Maldon District Characterisation Assessment limits height to 2.5 storeys in Arcadian settlements. Widths and depths are characteristic.
Appearance Displays Arcadian characteristics and architectural detailing. The materials are traditional and appropriate. Pleased to see painted timber windows (sustainable construction – can plant another tree but cannot reverse the impact of environmental damage/climate change in the manufacture of Upvc).
Landscaping The landscaping and tree planting will allow the built form to integrate with the woodland beyond and will harmonise with existing characteristics of the settlement.
Tree Officer Original response Object. The retention of trees along the frontage with Tiptree Road is desirable. This area is due to be TPOd to ensure the retention of a screen of trees. TPO 5/90 covered a number of Lombardy Poplar that had to be removed for safety reasons, but the understorey has now matured and is itself worthy of retention and protection. The trees to the East of the gate on Tiptree Road and the area of woodland along half of the Northeast boundary are protected by TPO 5/90. The remainder of Woodland along the Northeast boundary (Chantry Wood) is protected by TPO 3/09 and has an Article 4 direction. The woodland as a whole is Ancient Semi-Natural, with much of Chantry wood being a PAWS, harvested and re-stocked in the C.1950s
The impact on the woodland from domestic garden waste and activities associated with normal use of gardens would create the potential for the spread of pests and disease and alien species into the woodland, by wind or animals. In addition, there is the potential for effects from vandalism and the use of pesticides and other chemicals.
The UK Forestry Standard highlights the importance of buffer strips between important woodland areas and adjacent land. It is essential to provide a buffer strip alongside ditches that carry water and/or wildlife into the woodland, to buffer any potentially adverse effects of adjacent land management or use.
There should be a buffer strip maintained as natural as possible, with no domestic garden or properties backing onto the ditch-line. This only encourages activities that would prove detrimental to the health of the woodland.
The two Oak trees subject of TPO 3/97 were not clearly visible on our site visit.
The tree report that has been submitted is a preliminary report and does not include tree protection and method statement during construction. This must be conditioned.
Also condition a landscaping scheme.
Agenda Item no. 5 Page 22 / 147 Tree Officer continued - Revised response The Woodland Trust Article (link provided) substantiates concerns about the potential for negative effects of the above development on the adjacent protected woodland. The extract cites the creation of a buffer zone as mitigation against the various negative effects of adjacent land use.
“The solution Chemical effects arising from development should be avoided wherever possible, by maintaining minimum distances between new development and existing woodland. The construction-related chemical effects of nearby development should be managed through agreement and implementation of Environmental Management Plans. Ongoing impacts should be mitigated through the creation of woodland buffer zones of an appropriate width.
In addition to the above, the following document also covers this subject (link provided). For ease of reference, I have extracted some relevant portions.
Managing Ancient & Native Woodland – England Practice Guide consultation draft.
Surrounding land uses Intensively managed agricultural or developed land can impact on the wildlife of adjacent native woodland and lead to changes in soils and species composition, particularly along woodland margins and where diffuse pollution is a problem. The illicit incorporation of woods into gardens and dumping of garden and other waste can also be a particular problem where houses immediately adjoin woodlands in urban and suburban areas.[pg 14/54]
Buffer An area of non-invasive trees or other land use of sufficient width to protect semi- natural woodland from significant invasion by seed from a nearby non-native source or to protect the woodland from pollution from surrounding land use.[pg 42/54 Glossary]
With regard to the comment that fencing would negate the need for a buffer strip, a 2m close boarded fence would lessen the negative ecological impact of the development on the woodland, by reducing the opportunity for pollution and the potential for impact from Human and pet activities. However, this would only last as long as the fence was in place. It is common practice for householders to do away with fences in favour of an open view into a woodland, also installing access gates to facilitate access. There is no way of enforcing the retention of a fence and the prevention of gates for access into the woodland.
The buffer strip also allows the retention of a ‘Woodland Edge’ environment and natural transition from one environment to another. A woodland edge is species rich and therefore provides more important and diverse habitat than any other part of the woodland.”
It should also be born in mind that there is an Article 4 direction on Chantry Wood that prevents any owner erecting a barrier to prevent unauthorised access to their land.
Agenda Item no. 5 Page 23 / 147 Tree Officer continued - Third response The details submitted regarding the woodland buffer strip and fencing are fine. The applicant has implemented the suggestions put forward. It would be ideal if the Parish were able to take responsibility for maintenance of the strip, and give us confirmation that it will be maintained as a wildlife strip and not a pedestrian access. Ideally there should be an annual cut at the most and no rear access gates in the rear fence. Is there any way of obtaining this information?
Fourth response Include condition G1 on tree protection. Apply a condition requiring submission and agreement for detail of the construction of the footpaths outside of the development site fronting Tiptree Road and Witham Road. There are a number of important mature Oak trees along the rear of the highway which provide visual impact. These trees are of high amenity value and could suffer irreparable harm from the construction of the footway. Mature trees are very susceptible to damage from changes in their rooting environment. There are methods of installation of highway standard footways that could be applied which would be less harmful to the roots of these trees.
6. Letters of Representation
Letters of Objection: Stewart Adkins, Durward House Back Lane Wickham Bishops Witham Essex Mr & Mrs Bailey, 24 Blacksmiths Lane Wickham Bishops Witham Essex CM8 3NR Kevin, Teresa & Samuel Bailey, 53 Church Road Wickham Bishops Essex CM8 3JZ Stuart & Pam Baldwin, 18 School Road Wickham Bishops Witham Essex CM8 3NU Richard Banwell, 18 Tiptree Road Wickham Bishops Essex CM8 3NB Brian & Anne Barber, 1 Birch Rise Wickham Bishops Essex CM8 3NG John & Jean Barton, Marwood 1 Beech Green Wickham Bishops Essex CM8 3NH Mr Peter Bickers, 10 Leigh Drive Wickham Bishops Essex CM8 3JS Mrs Jean Bickers, 10 Leigh Drive Wickham Bishops Essex CM8 3JS Mr Tom Birch, 2 Beech Green Wickham Bishops Witham Essex CM8 3NH Christine Bishop, 19 Byron Drive Wickham Bishops Witham Essex CM8 3ND Mr D Bloomfield, 4 Beech Green Wickham Bishops Essex CM8 3NH Richard Botsch, 10A Church Road Wickham Bishops Witham Essex CM8 3LA Mr A Bowker, 3 Birch Rise Wickham Bishops Witham Essex CM8 3NG Mr D Brand, Ridgewood Braxted Road Little Braxted Essex CM8 3JY Andy Brett, 11 Maclarens Wickham Bishops Witham Essex CM8 3XE Elizabeth & Donald Bright, 4 Bishops Place The Street Wickham Bishops Essex CM8 3NY James Brown, 8 Wellands Wickham Bishops Witham Essex CM8 3NF Mr R A Brown, 35 Wellands Wickham Bishops Witham Essex CM8 3NF Mrs Betty M Brown, 5 Birch Rise Wickham Bishops Essex CM8 3NG Chris Brown, 2 Wooldridge Place Wickham Bishops Essex CM8 3LW Mick Buckingham, 20 Heathgate Wickham Bishops Essex CM8 3NZ R A Buet, Cornerways Church Road Wickham Bishops Witham Essex Mr W Bulle, 3 Beech Green Wickham Bishops Witham Essex CM8 3NH Jenni Burns, Ardleigh House Kelvedon Road Little Braxted Essex CM8 3LE Sophie Burns, Hamara Maypole Road Wickham Bishops Witham Essex John Burns, 55A Church Road Wickham Bishops Essex CM8 3JZ
Agenda Item no. 5 Page 24 / 147 Letters of Objection continued: Mrs Jean Byford C/O Martin Byford, 14 Handleys Lane Wickham Bishops Essex CM8 3NJ Chris Tivey C/o Wickham Bishop Residents, Loft A First Floor The Sails Loft Woodrolf Road Tollesbury Essex Mr C Clarke, Birch House Back Lane Wickham Bishops Essex CM8 3LU Martin Clements, 34 Byron Drive Wickham Bishops Essex CM8 3ND M J Connolly, Bowlers End 28 Church Road Wickham Bishops Essex CM8 3JZ Mr & Mrs Cook, Wickham Oaks Carters Lane Wickham Bishops Witham Essex Graham Cook, 32 Church Road Wickham Bishops Essex CM8 3JZ Dr Mike Cooper, 5 Longmeads Wickham Bishops Essex CM8 3LR Roger & Linda Courtney, Hartswood 15 Arbour Lane Wickham Bishops Essex CM8 3NS Mr Adrian Cowley, Copse End Witham Road Wickham Bishops Essex CM8 3NQ Mrs Joan Cummins, 7 Warrens Wickham Bishops Essex CM8 3XH A Davidson, 2 Tiptree Road Wickham Bishops Witham Essex CM8 3NB Miss C Day, 59 Hillcrest Hatfield Hertfordshire AL10 8HF J Dayes, 18 Leigh Drive Wickham Bishops Witham Essex CM8 3JS Robert Deighton, Oak Cottage 12 Tiptree Road Wickham Bishops Essex CM8 3NB Andrea Deighton, Oak Cottage 12 Tiptree Road Wickham Bishops Essex CM8 3NB Mr & Mrs Devereux-Cooke, 6 Buckleys Close Wickham Bishops Essex CM8 3PA Linda Dixon, 16 Handleys Lane Wickham Bishops Essex CM8 3NJ Peter & Jo Drew, Highfields Blue Mills Hill Wickham Bishops Witham Essex Robert Ewers, 16 Holt Drive Wickham Bishops Essex CM8 3JR A Fellows, 9 Maclarens Wickham Bishops Witham Essex CM8 3XE R & M Fennell, Bryden House Witham Road Wickham Bishops Essex CM8 3LQ G R Finch, Brookmere Witham Road Wickham Bishops Witham Essex Mr & Mrs B Freeman, Cormey 1 Handleys Lane Wickham Bishops Essex CM8 3NJ Mrs S H Frost, 4 Byron Drive Wickham Bishops Witham Essex CM8 3ND D R Frost, 4 Byron Drive Wickham Bishops Witham Essex CM8 3ND Paul Gibbs, 9 Beech Green Wickham Bishops Witham Essex CM8 3NH Mrs Margaret Gibson, 37 Church Road Wickham Bishops Witham Essex CM8 3JZ David And Rita Gibson, Handsel House Walden Close Great Totham Essex CM9 8UJ Mr Peter Gordon, Lamorna 5 Leigh Drive Wickham Bishops Essex CM8 3JS Mr Daron Gunson, 4 Tiptree Road Wickham Bishops Essex CM8 3NB Mr & Mrs Harrington, 7 Byron Drive Wickham Bishops Witham Essex CM8 3ND Mrs Bambi Harrision, 51 Church Road Wickham Bishops Essex CM8 3JZ N Harvey, 20 Church Green Wickham Bishops Witham Essex CM8 3JX Dan And Caroline Hurst, 30 Kelvedon Road Wickham Bishops Essex CM8 3LZ G L Hurst, Beacon Hill Wickham Bishops Witham Essex CM8 3EA C A Ignatowicz, 6 Handleys Lane Wickham Bishops Witham Essex CM8 3NJ Amanda Jepson, Oak Cottage Braxted Road Little Braxted Essex CM8 3JY Penelope Johnson, Autumn Cottage 5 Wellands Close Wickham Bishops Essex CM8 3NE R E Jones, 14 Roots Lane Wickham Bishops Witham Essex CM8 3LS Mr & Mrs Kayter, 3 Bishops Place The Street Wickham Bishops Essex CM8 3NY Susan Kilmartin, Tillicum Cottage Carters Lane Wickham Bishops Essex CM8 3LF Mr J Kilmartin, Tillicum Cottage Carters Lane Wickham Bishops Essex CM8 3LF Christina Knight, 3 Longmeads Wickham Bishops Witham Essex CM8 3LR Julia Lansdell, Thrift Cottage 61 Kelvedon Road Wickham Bishops Essex CM8 3NA Mark C Lawless, Oaklands 2 Wellands Wickham Bishops Essex CM8 3NF
Agenda Item no. 5 Page 25 / 147 Letters of Objection continued: Mrs Susan Lawless, Oaklands 2 Wellands Wickham Bishops Essex CM8 3NF Mrs Winifred Lawrence, 34 Kelvedon Road Wickham Bishops Essex CM8 3LZ Jonathan, Ashleigh, Edith & Elspeth Lidster, The Copse Witham Road Wickham Bishops Essex CM8 3NQ Charles Lodge, 59 Church Road Wickham Bishops Essex CM8 3JZ Mr & Mrs Luscombe, 6 Wooldridge Place Wickham Bishops Witham Essex CM8 3LW Mr Mike Lyons, 2 Arbour Lane Wickham Bishops Essex CM8 3NT Ian Mainwaring, 45A Church Road Wickham Bishops Witham Essex CM8 3JZ Mr & Mrs Manser, 40 Wellands Wickham Bishops Essex CM8 3NF D Marshall, 3 Paxwood Church Road Wickham Bishops Essex CM8 3PB Mrs V B Martin, 39 Byron Drive Wickham Bishops Essex CM8 3ND Mr B Martin, 8 Byron Drive Wickham Bishops Essex CM8 3ND Anne McDonnell, 33 Grange Road Wickham Bishops Essex CM8 3LT Roy McPherson, Nye Timbers Goat Lodge Road Great Totham Essex CM9 8BU Mr K Middleton, 14 Walden House Road Great Totham Essex CM9 8PN Robert & Nina Mooney, Upper Grove Tiptree Road Wickham Bishops Essex CM8 3NB Simon Morrison, 20 The Street Wickham Bishops Essex CM8 3NN Mr KI Mayers & Mrs CA Mayers OBE, 6 Tiptree Road Wickham Bishops Essex CM8 3NB Mr Edward Warner & Mrs Gloria Holloway, 14 Holt Drive Wickham Bishops Essex CM8 3JR Richard & Julia Mundell, 11 Arbour Lane Wickham Bishops Witham Essex CM8 3NS DG And MB Munting, Elmcroft 42 Wellands Wickham Bishops Witham Essex Mr Peter Murrell, Millers Maypole Road Wickham Bishops Witham Essex Mr & Mrs SJ Nicholas, 37 Wellands Wickham Bishops Essex CM8 3NF Joyce Nicholls, 18 Wellands Wickham Bishops Essex CM8 3NF R E Nickelson, 1 Wellands Wickham Bishops Witham Essex CM8 3NF Mr & Mrs Norris, Tara 10 School Road Wickham Bishops Essex CM8 3NU Mrs C H O'Brien, Shamrock Cottage 30 Tiptree Road Wickham Bishops Essex CM8 3NB Nina Orriss, Oak Lodge 15 Heathgate Wickham Bishops Essex CM8 3NZ Bob Tibbenham & Paulette Ryall, 9 Blacksmiths Lane Wickham Bishops Witham Essex CM8 3NR Mr Andrew Payne, 20 Walden House Road Great Totham Essex CM9 8PN Mrs Patricia Pearl, 26 Grange Road Wickham Bishops Essex CM8 3LT Colin Perkins, 3 Byron Drive Wickham Bishops Essex CM8 3ND Pamela Perkins, 3 Byron Drive Wickham Bishops Essex CM8 3ND Anthony Peterson, 26 Wellands Close Wickham Bishops Essex CM8 3NE Gordon Phillips, 2 Warrens Wickham Bishops Witham Essex CM8 3XH Pauline Player, Pasture Cottage Heath Lane Little Braxted Witham Essex P G Redwood, 9 Longmeads Wickham Bishops Witham Essex CM8 3LR Sheila & David Reees, 17 Wellands Wickham Bishops Essex CM8 3NF Elspeth Reid, 3 Warrens Wickham Bishops Essex CM8 3XH Gillian Richards, 21 Byron Drive Wickham Bishops Witham Essex CM8 3ND Mr & Mrs M Richmond, 16 Tiptree Road Wickham Bishops Witham Essex CM8 3NB Mr & Mrs Ridge, 15 School Road Wickham Bishops Essex CM8 3NU
Agenda Item no. 5 Page 26 / 147 Letters of Objection continued: Mr & Mrs T Robinson, 18 Goat Lodge Road Great Totham Essex CM9 8BT Mrs J Rochester, 24 Holt Drive Wickham Bishops Witham Essex CM8 3JR Mr David Rolfe, Windermere 12 Handleys Lane Wickham Bishops Essex CM8 3NJ Anthony Ross, 6 Byron Drive Wickham Bishops Witham Essex CM8 3ND Martyn Routs, 41 Wellands Wickham Bishops Witham Essex CM8 3NF Pauline Royden, Bridle End 18 Handleys Lane Wickham Bishops Essex CM8 3NJ Mr & Mrs Sewell, C/o Chris Tivey Associates Loft A (First Floor) The Sail Lofts Woodrolfe Road Tollesbury Mr & Mrs Shaw, 3 Leigh Drive Wickham Bishops Witham Essex CM8 3JS Ken Sidall, Tsuru Back Lane Wickham Bishops Witham Essex Mr W Simpson, Cherry Tree Cottage 32 Tiptree Road Wickham Bishops Essex CM8 3NB B Simpson, 20 Wellands Close Wickham Bishops Essex CM8 3NE Mr And Mrs Smith, Canters 2 Poney Chase Wickham Bishops Essex CM8 3NX Ian Smith, 14 Wellands Wickham Bishops Witham Essex CM8 3NF Mr P W Smith, Laurel Cottage 10 Walden House Road Great Totham Essex CM9 8PN Reg Smith, Woodsend Cottage 14 Witham Road Wickham Bishops Essex CM8 3NQ Mr Trevor Sparkes, Nutwood Arbour Lane Wickham Bishops Witham Essex Letters of Objection continued: Mr John A Speakman, 4 Blacksmiths Lane Wickham Bishops Witham Essex CM8 3NR Mrs L Speakman, 4 Blacksmiths Lane Wickham Bishops Witham Essex CM8 3NR Graham & Geraldine Spearman, 18A Tiptree Road Wickham Bishops Essex CM8 3NB Lesley & Ken Steel, 5 Maclarens Great Totham Maldon Essex CM8 3XE Hilary And John Story, 43 Byron Drive Wickham Bishops Essex CM8 3ND Bogdan Szajkowski, 42 Church Road Wickham Bishops Essex CM8 3JZ Mr W R Tatum, 22A Kelvedon Road Wickham Bishops Witham Essex CM8 3LZ The Occupier, 18 Tiptree Road Wickham Bishops Essex CM8 3NB Roger Thomsett, Kasa 17 Wellands Close Wickham Bishops Essex CM8 3NE Beverly & Daniel Tooke, Juniper House 6 Warrens Wickham Bishops Witham Essex Geoffrey & Jean Upson, Glen Acres Ishams Chase Wickham Bishops Essex CM8 3LG Mr & Mrs Vinicombe, 3 Buckleys Close Wickham Bishops Witham Essex CM8 3PA John David Walker, Hawthorns Beacon Hill Wickham Bishops Witham Essex Mr & Mrs Walton, 2 Birch Rise Wickham Bishops Essex CM8 3NG Jeff & Ann Waters, Moonrakers 15 Grange Road Wickham Bishops Essex CM8 3LT CB & DL Westley, 12 Wellands Wickham Bishops Witham Essex CM8 3NF Miss O E Wheaton, Tumbrils 14 Tiptree Road Wickham Bishops Witham Essex Ian Wiley, The Lynne 10 Tiptree Road Wickham Bishops Essex CM8 3NB Ian Wiley & Family, The Lynne 10 Tiptree Road Wickham Bishops Essex CM8 3NB Jane Williams, 21 Wellands Close Wickham Bishops Essex CM8 3NE CP Winter, 6A Wellands Close Wickham Bishops Essex CM8 3NE Mr & Mrs J Wratten, Lizida Witham Road Wickham Bishops Witham Essex David Wright, 15 Byron Drive Wickham Bishops Essex CM8 3ND Maureen Wright, 15 Byron Drive Wickham Bishops Witham Essex CM8 3ND
Agenda Item no. 5 Page 27 / 147 Main reasons for Objection: Objections received can fall in to the following main categories and can be summarised as follows: Highways and access New accesses are dangerous and would cause difficulty for road users Existing congestion problems and accidents at Snows Corner Roads cannot accommodate further traffic No consideration of the impact on the humpback bridge at Blue Mills Record high level of speeding in the village Proposal would endanger road users Traffic will increase as a result of the planned Heybridge garden suburb Concerns regarding ability to introduce traffic calming measures in the future Traffic problems at the Mitre Public House Road Junction Snows Corner is already used as a drop off and pick up point for secondary school children - increased traffic would be dangerous Proposed entrance would be a danger for pedestrians Accesses are too close to the crossroad Lack of pavements and street lighting - No safe pedestrian routes Proposed accesses have poor visibility / sight lines Proposed footpaths would be isolated and not connected to the existing network Lack of highway verge to enable future public footpath connections Poor visibility at the Snows Corner junction; dangerous junction Wrong to assume availability of parking at Witham railway station Traffic lights or roundabout needed at Snows Corner Already issues with waking and cycling in the village because of traffic Proposal would result in 60 plus pedestrians and 40 cars Concerns regarding construction traffic and impact on traffic / congestion Accesses would create a cut through avoiding Snows Corner Tiptree Road is not wide enough for HGVs – needs a weight restriction No reason for two accesses Two accesses would force the use of Snows Corner junction Proposal will increase use of Blacksmiths Lane as a cut through to Witham Serious parking problem at the nearby school in Great Totham No safety for school children when crossing the road after bus drop offs Problems with vehicles stopping at Snows Corner to access existing shops
Housing Already social housing in the area – lack of evidence of need for more Most housing will be market housing Already plans for 5000 new homes in the District Village does not need more housing Already sufficient choice for downsizing in the Parish Proposal would turn this village into a town and join it to other areas Village Design Statement says that 5 affordable houses is all that’s needed and this can be accommodated on brownfield land Unsure why the proposal is for 27 homes when the exhibition indicated that the development would be for elderly persons homes, specifically in the village, which are rent controlled – survey indicated the need for 7 homes only Existing villagers would not qualify for the social housing Agenda Item no. 5 Page 28 / 147 Main reasons for Objection continued: Need in the village for 1 or 2 bedroom units Small single units could be accommodated on brownfield land No shortage of housing in Wickham Bishops for sale Adverse impact on the status quo of the village, although appreciate need for affordable housing Excess of 3, 4 and 5 bedroom houses in the village Discounted sale properties proposed are not affordable Housing designations in the LDP negate the need for the development
Design Lead to ribbon development on nearby roads Density is out of character, particularly in Tiptree Road Development in the area is of large spacious plots Too many dwellings for the site Village design statement has been ignored The buffer strip would be a haven for crime and disorder Proposal does not follow the Village Design Statement Excessive glazing on rear of dwellings facing onto neighbouring properties Position of dwellings in relation to adjacent dwellings is too close Urbanisation of the village Scope for future loft conversions Village does not require a housing estate Landscaping details are too vague Affordable housing is not spread evenly throughout the site Design of dwellings and layout is not in keeping Modern development with lack of parking and turning facilities Layout represents segregation of the executive and non-executive areas of the development 27 houses is a considerable expansion of the village
Impact on woodland, existing trees and wildlife A fence is not a suitable buffer for the woodland Fences can have waste thrown over, and are degradable Potential for vandalism and fly tipping in the woodland Impact on wildlife in the woodland Adverse impact on protected trees on and adjacent to the site Applicant has ignored the importance of the protected ancient woodland No consideration of airborne or soil based pollutants affecting the woodland Removal of hedgerow to achieve visibility splays Although new planting can take place, many existing residents would not benefit from these Replacement of diseased TPO poplar trees has not taken place Site is used by wildlife and birds Impact on flora, fauna and the woodland designated by the Essex Wildlife Trust Loss of trees and hedgerows Concerns regarding the detail of the tree report Access from site into adjacent land would represent a risk for future development Village support for designation of a conservation area at Chantry Wood Agenda Item no. 5 Page 29 / 147 Main reasons for Objection continued: Layout is likely to require loss of more trees than specified The field is a wildlife corridor Biodiversity must be protected
Impact on character of the area Detract from the character of the area Does not respect the local street scene pattern Important to conserve and enhance green spaces in the area Site is clearly visible from public areas Proposal sacrifices a valuable central green space; unacceptable loss of more green space in the village Reference to Green Belt policy in the NPPF The village character has changed too much over the years Concerned about the impact on the village and loss of its unique character Do not want the character of the village to change to a small town Three storey development is out of character Unacceptable impact on the Special Landscape Area More open space should be provided for community use Future development should be restricted to brownfield land The open and rural feel of the village should be retained Snows Corner is not the edge of the village Already lost a green field site for the village hall Sympathetic development over the years has been acceptable Development is disproportionate to the village More screening should be provided This is the one remaining green space in the village The village does not need and cannot support new development
Impact on Neighbours / existing occupiers Noise and waste concerns Loss of privacy and overlooking to neighbours Development should be 2 storey to match neighbouring dwellings Proposed garage on plot 3 will block light to kitchen and utility room of Lizida Increased demand for electricity supply – already issues for existing residents Primary school is at full capacity Homeowners selected the village at a premium Area is affluent– it has unspoilt surroundings which would be lost In need of a doctors’ surgery or medical centre Development removes the opportunity for a village facility on the site Local residents’ opinions have not been heard General impact on villagers and community facilities Effect on amenity of neighbouring properties Effect on residential amenity during construction – including inconvenience, noise, pollution and traffic disruption Desirability of the village is at threat Impact on homes and enjoyment of gardens
Agenda Item no. 5 Page 30 / 147 Main reasons for Objection continued: Drainage / flooding There is a ditch through the site that flows into the woodland and through to Kinmarc and Tiptree Wood Contamination would affect the biodiversity of the woodland Discrepancy between applicant’s claim that drainage will run into the system along Wiham Road and Anglian Water saying it will connect at Tiptree Road Part of the site is under water Site is saturated during winter months Felling trees and laying hardstanding will make flooding worse Highest density housing is in the area that remains saturated for the longest Neighbouring garden is a lower level than the site and may be susceptible to flooding from the development Drainage network has not been updated and so occupiers in nearby roads are liable to drainage / flooding issues Site has a high water table Sewerage / foul water service is at capacity and floods Policy requires that development does not increase the risk of flooding No reference being made to improvements of local infrastructure Already poor drainage in the area
Policy The development does not form part of the LDP By the time the LDP is finalised many green spaces will have consent Appreciate the need for housing but this would be accommodated in the garden suburbs Permission should not be granted for sites outside of the LDP Proposed development is a result of the LDP not being finalised The LDP discounts Wickham Bishops for housing based on schooling and infrastructure constraints – the development does not consider this The proposal does not comply with the LDP Were reasons why the site was not considered suitable in the SHLAA Approving the scheme would go against the concept of localism Development is not community led Proposal is a reaction to the 5 year housing land supply Concerned that government is letting development take place on any land that meets the sustainability objectives Development would undermine the ability to deliver major growth plans Purpose of local policies is to prevent ad-hoc development Local plan allocates for significant development in the District Should prevent any development until the impacts of the large growth areas are known
Other Complicated to view application online and understand the reports Has been no grazing of animals on the site for at least 40 years Site previously used for crops but remains fallow and a wild flower meadow Set a precedent for similar development Concerns regarding Parish Council involvement and lack of community vote
Agenda Item no. 5 Page 31 / 147 Main reasons for Objection continued: Conflict between the proposal and Parish Council survey result Views of local residents were not fully considered – no consideration for wishes of local residents Possible plan error in position of the proposed footpath Comparison with other sites in the locality – distance to shops and post office is irrelevant The village has already lost facilities to housing Unable to attend the consultation events held for the application Assumption that the village needs growth and housing RCCE’s role in the development carries no weight No information of why other sites were discounted Concerns regarding safety and the ability of infrastructure (waste, drainage, electricity, water etc) to cope with the development Queries over the use of the existing gate for farm machinery No gas in the village – poor utilities Development would require the settlement boundary to be extended and this would make the village vulnerable to further expansion Madness to propose two areas of public open space adjacent to Tiptree Road – a busy highway – unsafe for children Reference to history of the village hall site Development should be restricted which are unsustainable or in inappropriate locations ERHA report shows that of 71 respondents, 43% were against and 19% neutral – this is not considerable support for the scheme Misguided and unnecessary development This site was not considered suitable by the Chief Executive of MDC Various developments proposed by neighbouring authorities Increased level of pollution The applicant, not the village, is the only winner in this scheme Threats have been received that worse development may come forward if this scheme is not approved No safe place for children to play Error in the application – only one public house – The Mitre is up for sale Reference to appeal decision at Old Orchard Barn, Great Braxted
Letters of Support: Moira Groborz, Rural Housing Enabler Rural Community Council Of Essex Threshelfolds Business Park Inworth Road Feering John Reeve, 22 Heathgate Wickham Bishops Witham Essex CM8 3NZ
Main reasons for Support: Nature of piecemeal development in the village to date has made it difficult to maintain a healthy balance of dwellings Majority of new development has been large and affordable housing has been low – this has caused the danger of forcing young people to move out of the village
Agenda Item no. 5 Page 32 / 147 Main reasons for Support continued: There is a case for a carefully planned mixed development Village needs to play its role in providing housing It is not high density development It includes public open space Uses central land of limited value in the village Recognises the role of the village in the wider community English Rural has helped shape and improve the application The two proposed accesses reduce the traffic impact of the development The main issues in the village is traffic speed and traffic calming measures would assist Footpath extension would be beneficial Comprehensive work has been undertaken to mitigate flood risk The scheme includes financial contributions for schooling The design has been improved No objection but need to give due consideration to wildlife, water table and flooding, environmental impact and school capacity No issues with traffic – more concerned with traffic from the Heybridge Garden Suburb Development should not include social housing but be mainly executive homes which would be in keeping with the village Affordable housing is needed in the community – local people are being priced out of their local housing market RCCEs Rural Housing Needs Survey showed support for affordable housing in the village and identified 11 households in need of such housing Full site seeking exercise undertaken by the Parish Council and RHE A public consultation event was held on 19th and 20th July 2013 regarding the development of this site
7. Assessment of Proposal
Policy Issues
(i) Relevant Development Plan Policies Adopted Maldon District Replacement Local Plan S2 Development outside development boundaries CON5 Pollution prevention CC5 Protection of wildlife at risk on development sites CC6 Landscape Protection CC7 Special Landscape Areas CC10 Historic Landscape Features H1 Location of new housing H6 Housing density H9 Affordable Housing BE1 Design of new development and landscaping BE3 Public and private amenity spaces Agenda Item no. 5 Page 33 / 147 BE8 Lighting REC3 Children’s play spaces associated with new housing developments and elsewhere in the District T1 Sustainable transport and location of new development T2 Transport infrastructure in new developments T8 Vehicle Parking Standards PU1 Provision of Education Facilities PU2 Recycling facilities in new development
(ii) Maldon District Local Development Plan The Maldon District Local Development Plan was submitted to the Secretary of State for Examination-in-Public on 25 April 2014. The Council is seeking to progress the Examination-in-Public process as quickly as possible in order to adopt the Plan at the earliest possible opportunity. The Local Development Plan (incorporating minor modifications) and associated evidence base as submitted to the Secretary of State is a material consideration in the determination of planning applications. The following policies are considered relevant to this application: S1 Sustainable Development S7 Prosperous Rural Communities S8 Settlement Boundaries and the Countryside D1 Design and Quality and Built Environment D2 Climate Change and Environmental Impact of New Development D5 Flood Risk and Coastal Management H1 Affordable Housing H2 Housing Mix H4 Effective Use of Land N2 Natural Environment and Biodiversity T1 Sustainable Transport T2 Accessibility I1 Infrastructure and Services
(iii) Government Guidance The National Planning Policy Framework (NPPF)
7.1 Principle of Development and Sustainability
7.1.1 At the heart of the NPPF is a presumption in favour of sustainable development (the ‘presumption’) is central to the policy approach in the Framework, as it sets out the Government’s changes to the planning system and emphasizes the need to plan positively for appropriate new development. The NPPF replaces Local Plan policies that do not comply with the requirements of the NPPF.
7.1.2 Within the National Planning Policy Framework (NPPF) there is a presumption in favour of sustainable development (the ‘presumption’) which is central to the policy
Agenda Item no. 5 Page 34 / 147 approach in the Framework, as it sets out the Government’s changes to the planning system and emphasises the need to plan positively for appropriate new development.
7.1.3 It is necessary to assess whether the proposed development is ‘sustainable development’ as defined in the NPPF. If the site is considered sustainable then the NPPF’s ‘presumption in favour of sustainable development’ applies. However, where the development plan is ‘absent, silent or relevant policies are out-of-date’, planning permission should be granted ‘unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or that specific policies in this Framework indicate development should be restricted’.
7.1.4 There are three dimensions to sustainable development as defined in the NPPF. These are the economic, social and environmental roles. The Local Development Plan ‘Preferred Options Consultation’ through the pre-amble to policy S1 re-iterates the requirements of the NPPF but there are no specific policies on sustainability in the current Local Plan.
7.1.5 Policy S2 of the current Local Plan provides the strategic position for the District through defined development boundaries for villages/urban areas within the District and seeks to protect areas outside of defined development boundaries from new development in the interests of protecting the countryside and coastal landscapes of the District. Policy S1 allows for new development within the defined development boundaries. However, both policies S1, S2 and H1 have been assessed against the NPPF are both are not considered to be fully compliant with the NPPF. This is because the Council cannot demonstrate an up to date five year supply of deliverable housing and on the basis that sites outside of the defined development boundaries could be judged to be ‘sustainable development’ through the three dimension tests of the NPPF. Nevertheless Local Plan policy CC6 seeks to protect the rural and coastal landscape in the District and is considered to be compliant with NPPF which seeks to protect the ‘intrinsic character and beauty of the countryside’.
7.1.6 The site is located outside of the village of Wickham Bishops but is immediately adjacent to the settlement boundary and in very close proximity to the centre of the village. Within the village there is a shop / general store and post office, public houses, car garage, village hall and tennis club. There are also bus services running through Wickham Bishops along Maypole Road and Witham Road with services between Colchester, Witham, Maldon and Chelmsford (including various villages en route). The most common bus service is between Maldon and Witham on a half hour basis Monday to Friday between 6.30am and 6.20pm, and on Saturday s between 8.45am and 5.45pm. No services run on a Sunday.
7.1.7 Given the availability of village services in the immediate locality, which are able to be accessed on foot or by cycle, it is considered that the accessibility level of the village is beneficial in sustainability terms. The NPPF and both existing and future policies of the District all seek to ensure that there are travel options available for access to daily services and support facilities. The location of the site would enable this. It is noted that there are limited employment facilities in the village. However, the regularity of bus services would enable access to employment throughout the week in both the centres of Maldon and Witham, without the unavoidable need to use private cars.
Agenda Item no. 5 Page 35 / 147 7.2 Housing Land Supply and Need
7.2.1 In respect of the Council’s current land supply position, paragraph 49 of the NPPF states that Local Authorities should consider applications for new dwellings in the context of the presumption in favour of sustainable development. Saved Replacement Local Plan policies in relation to the supply of housing should not be considered to be up-to-date. As a result, planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF taken as a whole, or specific policies in the NPPF indicate that development should be restricted.
7.2.2 In judging whether a residential scheme should be granted, it is necessary to consider the weight attributed to the planning benefits which the proposal offers in making up the current housing land supply shortfall, against the adverse impacts identified (if any) arising from the proposal in relation to the policies contained within the NPPF.
7.2.3 The Council is pro-actively working to address the housing land supply shortfall. The Maldon District Local Development Plan Preferred Options were published for public consultation in July 2012, and set out the Council’s future strategic approach to boost significantly the supply of housing and identify sites for the delivery of the housing strategy over the plan period, including specific deliverable sites sufficient to provide five years’ worth of housing against the local housing requirement.
7.2.4 The proposal would provide a total of 27 new dwellings comprising two one bedroom dwellings, 10 two bedroom units (two apartments and the remainder dwellings), five three bedroom dwellings, seven four bedroom dwellings and three five bedroom dwellings.
7.2.5 Emerging policy H2 of LDP contains a policy and preamble (paragraph 5.2.2) which read alongside the evidence base from the Strategic Housing Market Assessment (SHMA) shows an unbalanced high number of dwellings of three or more bedrooms, with less than half the national average for one and two bedroom units. The Council therefore encourages in the emerging policy H2 thwe provision of a greater proportion of smaller units to meet the identified needs and demands. The Council’s recently updated Strategic Housing Market Assessment (SHMA), published in June 2014, identifies the same need requirements for 60% of new housing to be for one or two bedroom units and 40% for three bedroom plus units.
7.2.6 Whilst the LDP carries limited weight at present, the NPPF is clear that housing should be provided to meet an identified need as set out in Paragraph 50. The proposed dwellings would assist in meeting the housing shortfall. The smaller one and two bedroom units, amounting to 44% of the development, would also assist in meeting the identified housing need as set out in the SHMA and emerging policy H2.
7.3 Housing Density, Mix and Affordable Housing
7.3.1 As detailed above, the SHMA Update considers the range of house types that the Council should consider to reflect local demand and trends.
Agenda Item no. 5 Page 36 / 147 7.3.2 The total number of houses provided in this application is 27. Of these, 12 are smaller 1 or 2 bedroom units, and are either affordable or discounted local sale properties. This amounts to 44% of the development.
7.3.3 The housing department has been consulted on this application and is supportive of the level of affordable housing proposed. The level of affordable housing proposed is considered acceptable as it would accord with current and emerging affordable housing policy (H9 of the Local Plan and H1 of the submission LDP which seek a 30% minimum provision. This view is supported by the consultation response received from the Planning Policy Team.
7.4 Scale and Design
7.4.1 Policy BE1 of the Local Plan and D1 of the submission LDP both relate to design of development. The NPPF also indicates the importance of good design as part of the sustainability agenda.
7.4.2 The proposal incorporates a variety of designs, scales and forms for the dwellings ranging from 1 storey to 2.5 storeys. Save for the 3no 2.5 storey dwellings which are grouped together in the western part of the site, the remainder of the dwellings are interspersed throughout the site to create a varied appearance to the street scene. The development would be set in a formation around the proposed areas of public open space, with a large proportion of the dwellings fronting onto, or being adjacent to, the two largest areas of public space in the centre and north west corner of the site. The layout is considered to provide a spacious development and the density of 13 DPH, coupled with the areas of open space incorporated into the scheme further emphasise this spaciousness.
7.4.3 This layout would also provide natural surveillance of the development, reducing the potential risk from crime or fear of crime. The open spaces would also be subject to this level of surveillance and could offer some opportunities for social interaction again without the fear of crime or disorder in these locations.
7.4.4 With regard to amenity space, the Council has adopted the Essex Design Guide (EDG) as guidance to support its policies in assessing applications for residential schemes. The EDG indicates that a 1 or 2 bedroom unit should have 50sqm of amenity space and a 3 or more bedroom dwelling should have at least 100sqm of amenity space. For flats, amenity space provision is less but the guidance indicates that a communal amenity space must be provided for flats of 2 or more bedrooms. Both policy BE1 of the Local Plan and submission policy D1 indicate the need for amenity space in new development and this must be useable.
7.4.5 Garden sizes for each dwelling are in excess of the minimum standards. This is considered an important part of the development due to its location of the site and relationship to the adjacent protected ancient woodland (PAW). The large gardens coupled with the areas of public open space are considered to offer an open and spacious aspect to this development that would otherwise not be achieved if smaller gardens and a higher density development were put forward.
7.4.6 When considering the types of dwellings in the immediate area, there is a combination of new and old. The mixed range of elevational design for the proposed dwellings
Agenda Item no. 5 Page 37 / 147 would be considered to reflect this diverse context, incorporating styles that are considered to reflect the modern development adjacent to the village hall and older development along Tiptree Road and elsewhere in the village.
7.4.7 Materials proposed are also diverse, reflecting a combination of modern and traditional features which would be considered appropriate for the designs and styles put forward. In terms of materials, the plans suggest an “either or” for colours or material types. Therefore it would be considered appropriate for full details or samples to be submitted for approval prior to commencement of the development. This would ensure that materials are appropriate for the setting.
7.4.8 Although the dwellings may have a great height, such as the 2.5 storey dwellings, these are considered to be proportionate to the overall scale, bulk, width and depth of the dwellings proposed. In addition, there are already some 2.5 and 3 storey dwellings in the immediate locality. The siting of the proposed 2.5 storey dwellings is reflective of the position of these existing large dwellings. The smaller scaled dwelling closer towards the Tiptree Road entrance of the development equally reflects the scale and form of existing development in Tiptree Road. It is considered that the scale of development has therefore taken into account the context of the area and adequately reflects the surroundings including existing development.
7.4.9 Garage designs and sizes are also considered suitable as they would remain ancillary in appearance and not be of a scale or amount that could dominate the street scene appearance of the development.
7.4.10 Various means of hardstanding are proposed throughout the site comprising a combination of, for example, paving slabs, concrete setts and tarmac. The different materials are used to define different areas within the site which are public and private. The combination of hardstanding materials would be considered to provide some visual interest to the scheme and prevent a bland appearance being created by the use of a single material throughout such as black tarmac.
7.4.11 Details have been provided of the means of enclosure throughout the site including high level fencing along the northern boundary to protect the woodland. The fencing detail provided are considered suitable and would appear to reflect typical means of enclosure for residential properties in the wider locality. This is further considered below in relation to the woodland and proposed buffer strip.
7.4.12 The Senior Conservation and Urban Design Officer has considered the details of the application. No objections are raised in respect of the design. This consultation response suggests that the density of development, in addition to scale of dwellings and architectural detailing proposed, is appropriate to the Arcadian style of development that has been put forward, with the grouping of dwelling around the central area of open space seen as a positive element of the scheme.
7.4.13 The proposal is therefore considered to comply with the requirements of policies BE1 of the local plan and D1 part (1) of the Submission LDP.
Agenda Item no. 5 Page 38 / 147 7.5 Impact on Character and Appearance of the Area
7.5.1 The site is located outside of the settlement and in a special landscape area. Policies CC6 and CC7 of the local plan are therefore applicable as is policy N2 of the Submission LDP. Policy D1 of the submission LDP also highlights the need for new development to make a positive contribution to the natural environment, (part 1) and contribute to and enhance local distinctiveness (part 7).
7.5.2 The site currently represents an unused parcel of land which is bound on all sides by mature planting or the rear boundaries of dwellings fronting Witham Road and Tiptree Road. Although there appears some dispute between the application and objectors over its use or former use, the site currently remains vacant. It has an existing access off Tiptree Road but save from views through this access and between sparse screening areas, there are limited views into the site. The mature boundary hedge and planting along Tiptree Road provides some visual enhancement to the character of the road, emphasising the distinction between the settlement and rural aspect of the District as one leaves the village. The open nature of the site is also considered to provide some spaciousness and assist with creating this local distinctiveness.
7.5.3 In terms of the proposal, the woodland to the north would continue to dominate views when traversing along Tiptree Road towards the village. When traversing in a northern direction from the village centre, the character of the area would remain as a semi urban village setting with the woodland providing a clear and defensible stop to development leading out of the village. The proposal is considered to represent, therefore, a logical stop to development leading from the settlement, following the line of rear gardens along Witham Road and being prevented from further expansion by the protected woodland.
7.5.4 It is appreciated that the loss of this site may result in some impact on the character and appearance of the wider rural area outside of the settlement. However, the site has a relatively urban surrounding, particularly to the south and east where the settlement limits lie. The spaciousness of the proposed development and incorporation of open spaces, large gardens and landscaping features, would be considered to help provide some enhancement for this development without having an impact so considerable to cause irreversible harm to the character and appearance of the locality.
7.5.5 The Senior Conservation and Urban Design Officer has taken the view in this respect that the area of open space between plots 4 and 5 (north west corner of the site) would serve as a transition between the development and the woodland to the rear. This area is considered to be a positive feature of the development for this reason. In this respect, it is considered that the transition created between the proposal, urban area, and the woodland to the rear, which leads onto the open countryside, would serve as an important link between these key features and characteristics of the area. It would also help to emphasise the distinction between these areas and further express local distinctiveness and the rural feel of this edge of settlement site.
7.5.6 There are no objections therefore in respect of the impact of development on the landscape and countryside or the wider special landscape area in which the site is set.
Agenda Item no. 5 Page 39 / 147 In this respect it is noted that the whole of Wickham Bishops forms part of this special landscape area as detailed by the local plan proposals map.
7.6 Soft Landscaping
7.6.1 Policies BE1, CC6 and CC7 all seek to ensure that development incorporates appropriate landscaping features. This is also reflected in policy D1 of the submission LDP which focuses on design considerations, in addition to the design chapter of the NPPF.
7.6.2 Limited landscaping details have been submitted with the exception of a tree report which has been considered by the Tree Officer. The consultation response stated that the tree report is not sufficient and further details are required. The Tree Officer considers that a condition would be suitable to address this and require a full tree survey and assessment, in accordance with BS5837:2012 to be undertaken and submitted to the Council for approval prior to commencement of the development. This would be considered necessary in ensuring all important landscaping features at the site or adjacent to it, are protected and retained where possible. This is relevant because the siting of the proposed footpath along Tiptree Road could have an impact on an important tree in this area. The recommended condition would prevent any works being undertaken prior to the details being provided to show how this tree, and other landscaping features, would be protected as part of this development.
7.6.3 In addition, a landscaping scheme would be considered essential for this scheme and the Tree Officer has recommended a condition of this nature. Although the plans do indicate some areas of soft landscaping, it is essential, given the location of the site and its relationship to the surrounding area and adjacent woodland, to ensure suitable soft landscaping is incorporated into the development. It would be expected that native species are selected as part of this scheme.
7.6.4 Hard landscaping details have been provided on plan reference 696:P006 Revision A. these details are considered adequate.
7.7 Nature Conservation and the adjacent woodland
7.7.1 To the north of the site is Chantry Wood. This is a Protected Ancient Woodland (PAW). Policy CC10 of the Local Plan aims to ensure that development does not have a materially adverse impact upon landscape features of historic, importance such as PAWs. Policy N2 of the submission LDP also indicates the importance of protecting such features and the NPPF highlights that historic assets and the natural environment should be protected.
7.7.2 No comments have been received from the Forestry Commission or the Essex Wildlife Trust regarding this development or its impact on the woodland. The Tree Officer has however provided some detailed comments, originally raising concerns regarding the potential impact on the PAW. Following these concerns regarding potential pollution and contamination of the woodland, a buffer strip of 1.5m in width has been incorporated to the south of the existing ditch. In addition, 2m high boundary fencing would be provided along the northern site boundary adjacent to the buffer strip and defining the rear boundaries of plots 5-9 (inclusive), 16-18 (inclusive) and 22-24 (inclusive). No gates are proposed in this fencing and the Tree Officer has
Agenda Item no. 5 Page 40 / 147 specifically requested that this remains the case. A condition could be imposed to secure this and also to ensure no public access from the gardens is obtained into the buffer strip or private woodland. The buffer strip would also not be a public right of way and the section 106 agreement could ensure this, detailing who would take control of and manage the buffer strip, and retaining it only for maintenance purposes.
7.7.3 It is considered that the methods proposed to protect the PAW would be acceptable and meet the requirements of policy CC10 of the Local Plan and N2 of the Submission LDP. In this regard, the Tree Officer’s comments are taken fully on board including the conditions that have been recommended. It is essential that this level of protection is provided to ensure the adjacent PAW is not harmed.
7.7.4 In terms of nature conservation, the Countryside and Coast Officer has been consulted and recommended conditions. The condition regarding lighting is examined in more detail below. In terms of site clearance, this request is considered reasonable in protecting and wildlife that may be present at the site and associated with the adjacent PAW.
7.7.5 Comments have also been received from public consultation to suggest that the site is used by wild birds. Therefore it is considered reasonable to require ecological enhancements to be provided for the benefit of any local wildlife and details of this to be submitted to the LPA for agreement. It is recognised that this has not been recommended by the Countryside and Coast Officer. However, given the relationship of the site to the adjacent PAW and the comments received through the public consultation process, this is considered to be a reasonable request and necessary in ensuring the enhancement of the wildlife habitats in the locality.
7.8 Effect upon Neighbouring Properties
7.8.1 Policy BE1 requires consideration of the impact of development on the safety and amenity of neighbouring occupiers. Emerging policy H4 similarly required that there is no material impact on living conditions and amenity of nearby properties.
7.8.2 In terms of the single storey dwellings, plot nos. 12, 13, 14, 15 and 27 share a boundary with the existing properties of ‘The Copse’, ‘Copse End’, ‘Corner Oaks’ and ‘Upper Grove’. No concerns are considered to arise regarding overlooking from the proposed properties to the existing dwellings given that the properties are single storey and a 1.8m high boundary fence is proposed on the shared boundaries to restrict views between the plots.
7.8.3 The Essex Design Guide (EDG) states that new development should have a back to back distance of 25m, this is not achieved by plots No. 14 and 15. ‘The Copse’ would be a minimum of 20m from the flank elevation of the proposed dwelling on plot 15 and 20m from the rear elevation of the dwelling on plot 14. However, given the orientation of ‘The Copse’, overlooking between the units would not be materially harmful. In this respect, the EDG also indicates that at a 30 degree angle the back to back distance can be reduced.
7.8.4 No concerns are considered to arise in terms of overshadowing from plots 12, 13 and 14 as ridge heights are no greater than 6.77m
Agenda Item no. 5 Page 41 / 147 7.8.5 ‘Copse End’, ‘Corner Oaks’ and ‘Upper Grove’ are all two storey dwellings, as such the impact of the existing dwellings on the amenity of the future occupiers has been assessed. However given the distance of the proposed dwellings from the existing dwellings (approximately 30m) and the existing / proposed boundary treatment, it is considered that the existing dwellings would not result in a significant degree of overshadowing or overlooking to future occupiers. There are also no first floor windows on the flank elevation of ‘Upper Grove’, and no windows are proposed on the flank elevation of No.27 to give rise to privacy concerns.
7.8.6 With regard to the 1.5 storey dwellings proposed, plot 11 has a ridge height of 9.35m and would be 17m from no.27, 27m from Upper Grove and 10m from no.25. The rear elevations of no.27 and no.11 would be at an angle to one another. The EDG indicates that a lesser separation distance is acceptable in such instances. The properties are also not two storey, and as such a separation distance of 17m would be acceptable. No. 25 is at such an angle that treatment on the northern boundary of the plot would prevent any unacceptable overlooking.
7.8.7 No issues arise in terms of plots 7, 8 and 9 as there are no windows proposed on the first floor flank elevations, and the rear elevations face the woodland.
7.8.8 With regards to the two storey dwellings, plot 2 would be located at a distance of 20m from the closest property (plot 1). This distance coupled with 1.8m boundary treatment proposed would mean that no unacceptable degree of overlooking or loss of privacy would occur.
7.8.9 Plot nos. 5 and 6 are adjacent to Chantry Wood. Whilst windows are proposed on the first floor flank elevations, these would serve a bathroom, an en suite and a landing. A condition could be imposed to require these flank windows serving the en suite and bathroom to be obscure glazed to prevent overlooking and perceived overlooking. The window serving the landing is not a habitable space and so no material overlooking or loss of privacy is likely to result from this window.
7.8.10 Plot 10 would be adjacent to the flank elevation of plot 25. A suitable distance would be provided between the two structures, one of which is single storey, and the proposed 1.8m fencing would also assist in alleviating any potential overlooking or loss of privacy between the plots.
7.8.11 Plots 18 and 19 would back on the private amenity space of Plot 22. Whilst windows are proposed on the first floor flank elevations, these would serve the landing, as this window does not serve habitable space, overlooking is not considered to be significant. The proposed fencing between the two plots would also assist in protecting amenity.
7.8.12 In respect of plots 16 and 17, one first floor window is proposed on the flank elevation of each dwelling. Due to the siting and orientation of the dwellings, these windows would not result in any material degree of overlooking.
7.8.13 No concerns arise in terms of plots 20-21 which would not have any direct views into any other garden or dwelling.
Agenda Item no. 5 Page 42 / 147 7.8.14 With regard to the 2.5 storey dwellings, sufficient distance would be provided between the flank walls of plots 4 and 3, meaning no concerns arise in respect of amenity.
7.8.15 The dwelling on plot 3 would be located 15m from the flank elevation of ‘Lizinda’. There is one window on the first floor flank elevation of this property and it is not known what room this window serves. Plot No.1 would back onto the flank elevation of plot 15 and a distance of at least 12.5m would separate these (between single storey elements). It is considered that this distance between the dwellings would be appropriate due to their orientation and relationships to one another, and particularly with plots 1 and 15, the single storey nature of the closest parts of the dwellings. In addition, soft landscaping and boundary treatment on plots 1 and 3 would help to ensure that the amenity of existing and future occupiers would be further protected.
7.8.16 Having regard to the above it is considered that subject to appropriate conditions the development would be acceptable in respect of residential amenity.
7.9 Flood Risk and drainage
7.9.1 The site is in flood zone 1, with the least risk of flooding. However, the development site has an area in excess of 1 hectare and therefore a full flood risk assessment (FRA) is required. The Environment Agency and Emergency Planner have also been consulted as has The Essex SUDS team.
7.9.2 The Emergency Planner raises no objections. The Environment Agency originally objected. However, an amended FRA was submitted and the objection was withdrawn subject to conditions. These conditions are considered important in ensuring the safety of future occupiers and preventing flooding that could otherwise affect other properties in the locality. In this regard, these conditions would also be essential in addressing concerns of local residents who are worried about possible flooding to their properties from the development.
7.9.3 In terms of drainage, the application indicates that surface water would drain into the ditch on the north western site boundary, with discharge being controlled / attenuated by a hydraflow restrictor and dry storage area forming part of the public open space in area 1. To ensure there is no impact down or upstream from this, the Environmental Health Officer has recommended a condition regarding surface water drainage.
7.9.4 Foul water would be discharged into the existing public sewer via a new pumping station proposed on the site. This would be located adjacent to the public open space area 2 (opposite plots 5 and 6). It is intended that this pumping station would be adopted by Anglian Water. The Environmental Health Officer has stated that it is essential for this to be adopted to ensure the long term management and maintenance of the pumping station. As such a condition has been recommended in respect of foul water.
7.9.5 The SUDs team at Essex County Council will soon become the SUDs approval body. Guidance and comments have been provided in their consultation response.
7.9.6 The conditions recommended by the Environmental Health Officer would be considered necessary and reasonable to ensure that suitable foul and surface water
Agenda Item no. 5 Page 43 / 147 drainage is incorporated. This must also fully follow the details provided in the amended FRA as required by the Environment Agency.
7.9.7 Concerns have been raised regarding drainage, more specifically that the application suggests connection to the system along Witham Road and Anglian Water saying it will connect at Tiptree Road. The Anglian Water consultation response does however indicate that if the developer wishes to connect to the sewerage network they are required to serve notice under Section 106 of the Water Industry Act 1991 and Anglian Water would advise of the most suitable point of connection. This issue can suitably be addressed outside of the ambit of this application, although a condition has been recommended by Environmental Health regarding drainage and this would mean the Council is provided full details before the development commences.
7.9.8 Further concerns are raised regarding the capacity of the sewerage system. However, the appropriate bodies have been consulted and no objections have been received. Therefore this advice must be taken on board. It would however be recommended that such concerns about existing capacity are raised directly with the drainage company to ensure these can be addressed where possible.
7.10 Access, Parking & Highway Safety
7.10.1 A transport assessment has been submitted with the application. This indicates, among other things, that the road junction at Snows Corner has the capacity, based on traffic data collected, to accommodate additional traffic flow and is well within the Ration of flow to Capacity (RFC) value for a standard crossroad. The report also refers to the public transport available in the locality and the inclusion of footpaths along the roadside as part of the proposal are stated to promote sustainable travel choices, and to the association of Tiptree Road to the “National Cycle Route 16” which runs towards Witham, and “National Cycle Route 1” towards Tiptree.
7.10.2 The report has been considered by the Highways Authority. No objections have been raised subject to conditions. These conditions are reasonable and necessary in maintaining highway safety for all road users. One of these conditions relates to the footpaths proposed at the front of the site. A similar condition has been recommended by the tree officer. These have therefore been merged into one as part of the recommendation to ensure all relevant details are provided prior to commencement.
7.10.3 In terms of access arrangements, two new accesses are proposed, one off Tiptree Road and the other off Witham Road. The recommended conditions of the Highway Authority would ensure that these new accesses are fully functional and suitable for use, in addition to ensuring the highway safety of all existing and future road users. As the development would not provide a through route for vehicular traffic there are no concerns arising over the potential for excessive traffic generation though the site which may otherwise put highway safety at risk, particularly if this were to be treated as a “cut through” to avoid the crossroad.
7.10.4 Two new areas of footpath are also proposed along Tiptree Road and Witham Road. These would be considered to provide some benefit to the existing and future occupiers, potentially enabling a safer means of access to the nearby bus stops that is
Agenda Item no. 5 Page 44 / 147 currently not provided in this location. In this regard it is noted that both the Tree Officer and Highway Authority has recommended conditions regarding details of these footpaths to be agreed by the Council prior to commencement / occupation. These conditions are considered relevant both to highway safety and protection of important landscape features and so have been combined into one condition as part of this recommendation.
7.10.5 The application includes cycle parking for plots 20 and 21 which is the pair of flats. Further cycle storage could be provided in individual gardens of the properties, although no full details have been provided. Cycle storage could be adequately addressed by way of planning conditions to ensure future occupiers have options for sustainable travel as required by the NPPF.
7.10.6 In terms of parking, a total of 67 spaces are provided for the development. This amounts to an average of 2.4 parking spaces per unit. The adopted Vehicle Parking Standards SPD and policy T8 requires one parking space for a one bedroom unit, two spaces per two or three bedroom unit and three spaces per four or more bedroom unit. Policy D1 of the submission LDP also requires safe and secure parking to be provided in accordance with the adopted parking standards.
7.10.7 The five bedroom units proposed would each have four parking spaces (two garages and two in front). The four bedroom units, would each have three parking spaces, including a garage, save for the dwelling on plot 2 which would also have four parking spaces (including double garage). The three bedroom units proposed would each have two parking spaces, including either a garage or carport, with the exception of the dwelling on plot 11 which would have three parking spaces. Both the one and two bedroom units proposed would each have two parking spaces.
7.10.8 These proposed levels of parking would be considered appropriate and would fully comply with adopted Vehicle Parking Standards SPD and requirements of policy T8 of the Local Plan and D1 of the Submission LDP.
7.10.9 A condition has been recommended by the highways authority with regard to construction traffic and submission of a method statement. This is considered a reasonable requirement as the road network is relatively busy and concerns have been raised regarding the impact of construction traffic to the road network. Agreement of such details would therefore address concerns raised by objectors.
7.10.10 A Grampian condition has also been recommended by the Highways Authority regarding the provision of a bus stop at Snows Corner. This is also considered to be reasonable particularly in aiming to improve the accessibility to public transport in the locality for the benefit of future occupiers of the proposed development.
7.10.11 Concerns have been raised about the impact of the development on traffic volume of the area, including the hump back bridge at Blue Mills. The highways authority when assessing the impact of the development would have taken into consideration the impact of development on the highway network and whether this is capable of accommodating increased traffic generated by the proposal. In terms of the garden suburbs development and potential traffic resulting from this, the development has not come forward and cannot influence the decision on this application. However, it should be noted that transport infrastructure has been taken into consideration by the
Agenda Item no. 5 Page 45 / 147 policy team in preparing the submission LDP and new infrastructure may be incorporated into any future scheme.
7.11 Contamination
7.11.1 A phase one desk top study has been submitted with the application. This shows that no significant source of contamination has been found at the site. The report has been considered by the Environmental Health Officer. No objections have been raised on the basis of this report. Although it is recognised that a watching brief is carried out rather than any further intrusive investigation. A condition is therefore recommended regarding contamination in that if any is found when carrying out the development, an investigation and risk assessment must be undertaken and agreed with the local authority. This is considered a reasonable requirement in protecting the health and ensuring the safety of all future occupiers of the development in accordance with policy CON6 of the local plan and D2 of the submission LDP.
7.12 Lighting
7.12.1 Both the Environmental Health Officer and Countryside and Coast Officer have recommended a condition regarding lighting. Although lighting is a typical addition to a residential property, such as security lighting, it is considered that details should be provided for this development particularly any street lighting. This is because any unacceptable lighting may have a detrimental impact on any protected species in the woodland. Furthermore, the relationship of the site to the surrounding area means that lighting should be reasonably controlled to prevent any unacceptable harm being caused to amenity of existing occupiers or the visual amenity of the area. A condition therefore requiring details of lighting to be submitted would be considered reasonable and this can be assessed by the relevant officers for compliance with the recommended standards (BCT/ILE(2009) lighting best practice guide).
7.13 Refuse Facilities
7.13.1 Plan reference 696:P006 indicates all refuse storage facilities that would be provided for each individual plot. This includes bins / recycling and water butts. The water butts would enable the reuse of rainwater for garden (for example) and be considered a sustainable and beneficial inclusion in this development. The positioning of bin storage facilities for each dwelling would also be considered suitable. Given the layout of the development it is likely that the road would be accessed by the refuse collection service. The layout of the development appears suitable for use by larger vehicles for this purpose.
7.14 Planning Obligations
7.14.1 Draft heads of terms have been submitted with the application. These indicate the intention to pay financial contributions for education, provision of affordable housing and public open space. During the process of the application it was also suggested that the legal agreement would include details for maintenance of the buffer strip towards the rear of the site, including who would take this on and their responsibilities. In addition, the agent was, it is understood, seeking to discuss the financial contributions requested by ECC with the Officer and agree payment. The legal agreement would however be completed and finalised at a later date and if
Agenda Item no. 5 Page 46 / 147 planning permission is granted for this scheme, it would be recommended that this is subject to a section 106 agreement, in addition to any conditions that may be considered necessary.
7.14.2 With regards to the financial contributions sought by ECC Education Department these include calculations for the affordable units proposed as part of the development. Additional correspondence has been received from ERHA, who is developing the affordable housing aspect of the scheme, during the process of this application, regarding the affordable housing element of the development.
7.14.3 The correspondence indicates that the affordable units would serve an existing local need that has been identified, with new residents already being settled in the community. In such instances, no additional educational requirements would arise in respect of the affordable units. ECC has requested financial contributions which cover both the market and affordable housing units. However, it has been stated in correspondence from ECC that it is for the LPA to determine what contributions are necessary and that this is on the basis that the scheme is for market and affordable housing.
7.14.4 In this instance, it is considered that the development should make a financial contribution towards education. However, it would not be considered reasonable to require this to be paid on dwellings that would fulfil an existing local need where those occupying the dwellings are likely to already attend local schools. Equally, older persons’ dwellings would not be considered to advance the need for education places.
7.14.5 ECC has requested financial contributions for the primary school of £62,556 and for the secondary school £63,356. These total £125,912 and are all indexed linked to April 2013 costs. This is formulated on the basis of 15 houses (two storey dwellings), 10 flats (single storey) and two discounted units.
7.14.6 The proposed affordable housing provision amounts to 6no houses and 4no. single storey units (flats) with house type K as discounted units. If this were taken off the calculations produced by ECC the number of dwellings to consider for a financial contribution would be nine houses and six flats. The remainder of the development, representing affordable housing, would thus serve as discounted units only.
7.14.7 Clarification has been sought from ECC educational department about the contribution that would be required if this perspective were taken.
7.14.8 It has been confirmed that the contribution that would be required, if only considering market housing, would be £85,037, comprising a contribution of £42,249 for primary school places and £42,788 for secondary school places.
7.14.9 Given that the overall intention of this development, as detailed within the submission, focused on the needs for affordable housing in the village, it would be sensible to ensure that this affordable housing provision can be provided. It has been suggested that the affordable housing provider would not take on the development if a contribution were required to be paid on the basis of viability. In the interest of ensuring therefore that the affordable housing is provided, it is considered reasonable
Agenda Item no. 5 Page 47 / 147 and justified in requiring the lower financial contribution which covers only the market housing of this development.
7.15 Other Considerations
7.15.1 A statement of Community Involvement has been submitted with the application showing the efforts made before submission to consult with local residents. This is taken into consideration but does not influence the recommendations made on policy grounds. The undertaking of the public events and production of an SCI would however comply with the Council’s guidance.
7.15.2 It is acknowledged that there are a high number of letters of objection from local residents to this development. These have been considered and any planning issues have been addressed where possible in the report above.
7.15.3 Reference has been made to the Village design statement for Wickham Bishops. Although this is a relevant consideration, particularly for the Parish Council, it has not been formerly adopted as guidance by the District Council. Therefore when considering new development and design, this document carries very limited weight.
7.15.4 A number of comments have been raised regarding the process for determination by the Parish Council and its involvement in the application. It is understood that this application has come forward as a community led scheme and this is why the Parish Council has been involved. In terms of the process of the Parish in determining the application, such concerns would need to be raised directly with the Parish Council. It has also been suggested that approval of this application would go against the intentions of the localism agenda. However, there have been 154 letters of objection. The village is said to have approximately 800 dwellings. The estimated population of Wickham Bishops is 2000 people. The level of objection would represent only a small percentage of the whole community. Although it cannot be assumed that those who have not written in are supportive of the application, it cannot also be assumed that there are any additional objections. The details of the SCI also indicate that consultation has taken place which would follow the intentions of localism and neighbourhood consultation.
7.15.5 There are also concerns regarding setting a precedent for other development in the locality and outside of the village. However, every planning application is to be determined on its own planning merits. This current scheme is considered to be appropriate having regard to the specific site characteristics and features. This includes the relationship of the site to the centre of the village and the adjacent woodland area. In relation to this, comments are also made about the scheme resulting in a change to the settlement boundary of the village. For clarification the settlement boundary would only be changed via the local plan process. The site is not currently proposed to be included in the settlement boundary as part of the LDP and the development of it as proposed would not result in the automatic inclusion of the site in the settlement limits.
7.15.6 It is noted that reference in these is made to the Green Belt policies of the NPPF. However the site is not within the Green Belt, and there is no Green Belt within the District. The relevant sections of the NPPF regarding the natural environment have
Agenda Item no. 5 Page 48 / 147 however been considered alongside relevant policies of the local plan and submission LDP.
7.16 Conclusions
7.16.1 Having considered the details of the application, it is felt that the scheme would be acceptable subject to conditions including those that have been recommended by the various consultees. The design of the development is considered to be appropriate and the layout of the development would be reflective of the setting, providing a clear stop to development in this part of the village, prevented from further expansion by the existing ancient woodland, and providing a mix of housing that is capable of meeting a variety of needs in this village. The affordable housing provision is in excess of the Council’s requirements and this is therefore a positive element to the proposal. Suitable landscaping can be dealt with by way of conditions and efforts included within the application to protect the woodland can also be secured in this manner. The proposal is not considered to conflict with policies of the local plan, the submission LDP or the core planning principles and guidance contained in the NPPF.
Recommendation
APPROVE subject to the applicant entering into a legal agreement pursuant to section 106 of the Town and Country Planning Act 1990 (as amended) to require the following planning obligations: Affordable Housing to be provided as detailed within the application comprising 12 units of the total 27 proposed for this development (44% of the development). The affordable housing shall be transferred to a Registered Social Landlord (RSL) before occupation of the 10th open market dwelling. Education provision for financial contributions for the primary school of £42,249 and for the secondary school £42,788. These total £85,037 and are all indexed linked to April 2013 costs. The 1.5m wide buffer strip at the rear (north) of the application site, adjacent to Chantry Wood shall be provided prior to the first occupation of any dwelling and maintained in perpetuity. Details shall be provided within the legal agreement of the transfer of ownership of the buffer strip and requirements for its long term maintenance. Details of an agreed commuted sum to be provided for the future maintenance of the buffer strip by the nominated body. The buffer strip to remain for maintenance only and not at any time become or be used as a public right of way. A total area of 0.38 hectares within the site shall be provided and maintained in perpetuity as Public Open Space within the 5 areas identified on the submitted plans. Details shall be provided within the legal agreement of the transfer of ownership of the areas of Public Open Space and requirements for their long term maintenance. Details of an agreed commuted sum to be provided for the future maintenance of the public open space by the nominated body.
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(1) of The Town & Country Planning Act 1990 (as amended).
Agenda Item no. 5 Page 49 / 147 2 The development hereby permitted shall be carried out in complete accordance with the approved drawings specifically referenced on this decision notice as well as the submitted detailed specifications. REASON: To ensure that the development is carried out in accordance with the details as approved. 3 Notwithstanding the details contained on the approved plans, no development shall take place until written details or samples of all materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority. The development shall be carried out using the materials and details as approved. REASON: To ensure the external appearance of the development is appropriate to the locality in accordance with policy BE1 of the adopted Maldon District Replacement Local Plan, the guidance of the National Planning Policy Framework and policy D1 of the Maldon District Submission Local Development Plan. 4 The boundary treatments and fences as shown on the approved plan number 696. P006 Revision A received on 9 June 2014 shall be constructed in full prior to the first occupation of the development to which it relates and shall be retained as such thereafter. REASON: To ensure appropriate boundary treatment for the development in accordance with the approved details and to protect the amenity of existing and future occupiers and the adjacent woodland in accordance with policies BE1, CC6, CC7 and CC10 of the adopted Maldon District Replacement Local Plan and policies D1 and N2 of the Maldon District Submission Local Development Plan. 5 No works or development shall take place until full details of soft landscape works to be carried out have been submitted to and approved in writing by the local planning authority. These details shall include schedules of shrubs and trees to be planted, noting the species, stock size, proposed numbers/densities and details of the planting scheme’s implementation, aftercare and maintenance programme. The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the commencement of the development, unless otherwise first agreed in writing by the local planning authority. If within a period of five years from the date of the planting of any tree or plant, or any tree or plant planted in its replacement, is removed, uprooted, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree or plant of the same species and size as that originally planted shall be planted in the same place, unless the local planning authority gives its written consent to any variation. REASON: To ensure the appropriate landscaping of the site in the interest of protecting the character and appearance of the area in accordance with policies BE1, CC6 and CC7 of the adopted Maldon District Replacement Local Plan and policies D1 and N2 of the Maldon District Submission Local Development Plan. 6 No trees within or adjacent to the site shall be felled, cut back, damaged or removed, unless otherwise first agreed in writing with the local planning authority. No development shall commence until information has been submitted and approved in writing by the Local Planning Authority in accordance with the requirements of BS5837:2012 in relation to tree retention and protection as follows: Tree survey detailing works required; Trees to be retained; Tree retention protection plan; Tree constraints plan; Arboricultural implication assessment; Agenda Item no. 5 Page 50 / 147 Arboricultural method statement (including drainage service runs and construction of hard surfaces). Trees offsite No development shall commence until fencing and ground protection to protect the trees shall be erected, details to be submitted and approved as per BS5837:2012, and ground protection has been erected details of which shall have been submitted to the local planning authority for written approval. The ground protection shall be laid as per Arboricultural method statement in accordance with British Standard BS5837:2012 (Trees in relation to construction) unless otherwise agreed in writing. The protective fencing and ground protection shall be erected before the commencement of any clearing, demolition and building operations and shall be retained until all equipment, machinery and surplus materials have been removed from the site. If within five years from the completion of the development an existing tree is removed, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, a replacement tree shall be planted within the site of such species and size and shall be planted at such time, as specified in writing by the local planning authority. REASON: To secure the retention of appropriate landscaping of the site in the interests of visual amenity and the character of the area and for their biodiversity value in accordance with policies BE1 and CC5 of the adopted Maldon District Replacement Local Plan, the provisions and guidance of the National Planning Policy Framework and policies D1 and N2 of the Maldon District Submission Local Development Plan. 7 Hard landscaping details shown on the approved plan number 696. P006 Revision A received on 9 June 2014 shall be constructed in full prior to the first occupation of the development to which it relates and shall be retained as such thereafter. REASON: To ensure appropriate hard landscaping is provided throughout the site in accordance with the approved details, policy BE1 of the adopted Maldon District Replacement Local Plan and policy D1 of the Maldon District Submission Local Development Plan. 8 No dwelling shall be occupied until a scheme detailing ecological enhancements has been submitted to and approved by the local planning authority. Such details shall include ecological enhancements including the provision of bird and bat boxes. The ecological enhancements as agreed shall be implemented as approved and retain as such thereafter for a minimum period of 5 years. REASON: To improve and enhance biodiversity value of the site in accordance with policy CC5 of the adopted Maldon District Replacement Local Plan and the provisions and guidance of the National Planning Policy Framework and policy N2 of the Maldon District Submission Local Development Plan. 9 Notwithstanding the provisions of Part 2 Class B of the Town & Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) there shall be no new accesses or openings created / provided at any time within the northern most boundaries of properties on plots 5, 6, 7, 9, 9, 16, 17, 18, 22, 23 or 24 into the buffer strip or adjacent woodland. REASON: In order to protect Chantry Wood, a Protected Ancient Woodland, from the impact of residential use of the site, including any contamination or pollution that may otherwise put the woodland at risk in accordance with policy CC10 of the Adopted Maldon District Replacement Local Plan, Policy N2 of the Maldon District Submission Local Development Plan, and core planning principles and guidance contained in the National Planning Policy Framework .
Agenda Item no. 5 Page 51 / 147 10 Prior to commencement of the development, details for the provision of footways adjacent to the highway along Tiptree Road and Witham Road as shown on drawing no.696 P006 revision A received on 9 June 2014 and their means of construction shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in complete accordance with the approved details and retained as such thereafter. REASON: In order to ensure appropriate means of construction of the footpaths that does not affect or cause damage to the roots of important landscaping features on or adjacent to the site, and in the interest of highway safety and accessibility in accordance with policies BE1, CC6, CC7 and T2 of the Adopted Maldon District Replacement Local Plan, Policies D1, N2 and T2 of the Maldon District Submission Local Development Plan, and core planning principles and guidance contained in the National Planning Policy Framework regarding design and conservation of the natural environment. 11 No development shall commence until details of who shall be responsible for the maintenance in perpetuity of the areas of public open spaces have been submitted to and approved in writing by the local planning authority. The management of the areas of Public Open Space shall accord with the approved details thereafter. REASON: In order to ensure that the development is laid out in accordance with the approved plans and made available for subsequent use by the occupiers of the development hereby permitted, in accordance with policy BE1 of the adopted Maldon District Replacement Local Plan, the provisions and guidance of the National Planning Policy Framework and policies D1 and N3 of the Submission Local Development Plan. 12 No development shall commence until a lighting strategy for the development, include the details of any street lights has been submitted to and approved in writing by the local planning authority. The approved arrangements shall be implemented prior to the first occupation of the development and retained in accordance with the approved scheme unless otherwise agreed in writing by the local planning authority. REASON: In the interests of visual amenity, the neighbouring rural countryside and highway safety in accordance with policies BE1 and BE8 of the adopted Maldon District Replacement Local Plan, the provisions and guidance of the National Planning Policy Framework and policies D1 and I1 of the Maldon District Submission Local Development Plan. 13 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: the parking of vehicles of site operatives and visitors loading and unloading of plant and materials storage of plant and materials used in constructing the development 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 and in accordance with policy T2 of the adopted Maldon District Replacement Local Plan. 14 Prior to commencement of the development, the proposed road junctions onto Witham Road and Tiptree Road, at their centre line shall be provided with clear to ground visibility splays with dimensions as shown on drawing no.696 P009 Revision A received on 9 June 2014, as measured from and along the nearside edge of the
Agenda Item no. 5 Page 52 / 147 carriageway. Such vehicular visibility splays shall be retained free of any obstruction at all times and shall be retained 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 and in accordance with policy T2 of the adopted Maldon District Replacement Local Plan and policy T2 of the Maldon District Submission Local Development Plan. 15 Prior to first occupation of the development the site access arrangements, as shown on drawing no.696 P006 revision A received on 9 June 2014 shall be implemented with all details to be agreed with the Highway Authority for the following highway works: Two bellmouth accesses with a minimum of 6m radii. A dropped kerb pedestrian crossing point with appropriate tactile paving across Witham Road in the vicinity of the bus stop and retained in that form thereafter. REASON: In the interests of highway safety, efficiency and accessibility and in accordance with policy T2 of the adopted Maldon District Replacement Local Plan and policy T2 of the Maldon District Submission Local Development Plan. 16 No dwelling shall be occupied until the developer has provided, to Essex County Council specification, an integrated free standing bus stop with Real Time Passenger Information at the Snows Corner north-west bound bus stop located on Witham Road. The bus stop shall be retained as such thereafter. REASON: In the interests of improving accessibility and promoting sustainable transport for the development and in the locality in accordance with policy T2 of the Adopted Maldon District Replacement Local Plan, T2 of the Submission Local Development Plan and the core planning principles and guidance contained in the National Planning Policy Framework. 17 Prior to first occupation of the proposed development, the Developer shall be responsible for the provision and implementation of a Residential Travel Information Pack for sustainable transport, approved by Essex County Council. This shall be made available to all future occupiers in perpetuity. REASON: In the interests of reducing the need to travel by car and promoting sustainable development and transport in accordance with policy T2 of the Adopted Maldon District Replacement Local Plan and policy T2 of the Maldon District Submission Local Development Plan. 18 Prior to first occupation of the development the proposed private drive for plot nos.25, 26 & 27 shall be constructed to a minimum width of 5 metres for at least the first 6 metres from the back of carriageway and shall be retained as such thereafter. REASON: To ensure that vehicles can enter and leave the highway in a controlled manner, and to ensure that opposing vehicles can pass clear of the limits of the highway, in the interests of highway safety in accordance with policy T2 of the Adopted Maldon District Replacement Local Plan. 19 Prior to commencement of development, details of the estate roads and footways (including layout, levels, gradients, surfacing and means of surface water drainage) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in complete accordance with the approved details and shall be retained as such thereafter. REASON: To ensure roads and footways are constructed to an appropriate standard in the interests of highway safety in accordance with policy T2 of the Adopted Maldon District Replacement Local Plan and policy T2 of the Maldon District Submission Local Development Plan. 20 The carriageways of the proposed estate roads shall be constructed up to and including at least road base level, prior to the commencement of the erection of any Agenda Item no. 5 Page 53 / 147 dwelling intended to take access from that roads. 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. in accordance with policy T2 of the Adopted Maldon District Replacement Local Plan and policy T2 of the Maldon District Submission Local Development Plan. 21 Prior to the commencement of the development details of the surface water drainage scheme to serve the development shall be submitted to and agreed in writing by the local planning authority. The agreed scheme shall be implemented prior to the first occupation of the development and retained as such thereafter. REASON: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of these SUDS Structures in accordance with policy CON5 of the adopted Maldon District Replacement Local Plan, the provisions and guidance of the National Planning Policy Framework and policies D2, D5 and I1 of the Maldon District Submission Local Development Plan. 22 Pursuant to condition 21 above, details of the future adoption and maintenance of all aspects of the surface water drainage strategy must be submitted to the Council and agreed before the development is commenced. REASON: To ensure satisfactory arrangements are in place for the long term maintenance and management of the surface water management scheme and to prevent flooding on or off the site in accordance with policy CON5 of the adopted Maldon District Replacement Local Plan, the provisions and guidance of the National Planning Policy Framework and policies D2, D5 and I1 of the Maldon District Submission Local Development Plan. 23 Prior to the commencement of the development details of the foul drainage scheme to serve the development shall be submitted to and agreed in writing by the local planning authority. The agreed scheme shall be implemented prior to the first occupation of the development and shall be retained as such thereafter. REASON: To prevent environmental and amenity problems arising from flooding in accordance with policy CON5 of the adopted Maldon District Replacement Local Plan, the provisions and guidance of the National Planning Policy Framework and policies D2, D5 and I1 of the Maldon District Submission Local Development Plan. 24 In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared and must be submitted to and approved in writing by the Local Planning Authority. REASON: In order to ensure the safety of all future occupiers and protect against any contamination that may not have been identified in accordance with policies BE1 and CON6 of the adopted Maldon District Replacement Local Plan and policy D2 of the Maldon District Submission Local Development Plan.
Agenda Item no. 5 Page 54 / 147 25 The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) 2072E/B and the following mitigation measures detailed within the FRA: Surface water will be limited to a discharge of 5l/s for the 1 in 1 year storm and 14l/s for the 1 in 100 year storm. 305.7m 3 of storage for the 1 in 100 climate change event should be provided. The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority. REASON: To prevent the increased risk of flooding both on and off site by ensuring the satisfactory storage of/disposal of surface water from the site and protection of residential amenity in accordance with policy BE1 of the adopted Maldon District Replacement Local Plan, policy D5 of the Maldon District Submission Local Development Plan and core planning principles and guidance contained in the National Planning Policy Framework. 26 Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) the garages and carports hereby permitted as part of the development shall be used only for the parking of a motor car in connection with the residential use of the properties. REASON: To ensure appropriate parking is provided and prevent on street parking in the interest of highway safety and visual amenity in accordance with policies BE1, CC6, CC7 and T8 of the adopted Maldon District Replacement Local Plan and policies D1, N2 and T2 of the Maldon District Submission Local Development Plan. 27 The parking spaces and means of access thereto as shown on the approved plans which are attached to and forms part of this permission shall be constructed, surfaced, laid out and made available for use in accordance with the approved scheme prior to the occupation of any dwelling and retained for such purposes thereafter. REASON: To ensure appropriate parking is provided in accordance with policy T8 of the adopted Maldon District Replacement Local Plan. 28 Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no dormer window or other form of addition or opening shall be constructed in the roof or gable walls of the dwellings hereby permitted without planning permission having been obtained from the local planning authority. REASON: In order to protect the amenity of existing and future occupiers and the character of the development in relation to the locality in accordance with policies BE1, CC6 and CC7 of the of the adopted Maldon District Replacement Local Plan and policies D1 and N2 of the Maldon District Submission Local Development Plan. 29 Prior to the first occupation of the dwellings on plot 5 and 6 hereby permitted, the first floor window(s) in the flank elevations serving the bathroom and en suite shall be glazed with opaque glass and of a non-openable design with the exception of a top hung fanlight and shall be retained as such thereafter. REASON: In order to protect the amenity of existing and future occupiers and the character of the development in relation to the locality in accordance with policies BE1, CC6 and CC7 of the of the adopted Maldon District Replacement Local Plan and policies D1 and N2 of the Maldon District Submission Local Development Plan.
Agenda Item no. 5 Page 55 / 147 POSITIVE AND PROACTIVE STATEMENT
Town and Country Planning (Development Management Procedure) (England) (Amendment No.2) Order 2012 - Positive and Proactive Statement: 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/Agent, 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.
INFORMATIVES 1. The applicant should ensure the control of nuisances during construction works to preserve the amenity of the area and avoid nuisances to neighbours: a. No waste materials should be burnt on the site, instead being removed by licensed waste contractors; b. No dust emissions should leave the boundary of the site; c. Consideration should be taken to restricting the duration of noisy activities and in locating them away from the periphery of the site; d. Hours of works: works should only be undertaken between 0730 hours and 1800 hours on weekdays; between 0800 hours and 1300 hours on Saturdays and not at any time on Sundays and Public Holidays.
2. In connection with the conditions of this application, in the event that contamination is found, the applicant / developer is advised to contact the Environmental Health Department of this Council for any advice that may be required (01621 854477).
3. All works affecting the highway to be carried out by prior arrangement with, and to the requirements and satisfaction of, the Highway Authority and application for the necessary works should be made to Essex County Council on 0845 603 7631.
4. Prior to any works taking place in public highway or areas to become public highway the developer shall enter into an appropriate legal agreement to regulate the construction of the highway works. This will include the submission of detailed engineering drawings for approval and safety audit.
Agenda Item no. 5 Page 56 / 147 Agenda Item no. 5 Page 57 / 147 NW2 Application Number OUT/MAL/14/00186 Location Land West Of Fambridge Road North Fambridge Essex Proposal Outline planning application for up to 75 market and affordable dwellings, a village centre of up to 1,000 sq m of flexible commercial and community floorspace and a 1.8ha village green and public open space. Applicant Mr A & M Raven Agent Mr Ian Woodward-Court - Plainview Planning Ltd Date Valid 5 March 2014 Target Date 4 June 2014 Case Officer Jeanette Davey, TEL: 01621 875805 Parish NORTH FAMBRIDGE
1. Introduction
1.1 The application is referred to the North Western Area Planning Committee as it represents a major planning application, is a departure from the Local Plan, and requires a S106 agreement.
2. Site Description
2.1 The application site measures 6.19 ha / 15.3 acres.
2.2 The site lies outside the development boundaries for North Fambridge. It is on open arable land between the northern and southern areas of the settlement. The site is predominantly rectangular in shape and is located at the centre and in between the two existing built-up areas of North Fambridge, and opposite Fleet Farm (RJ Roe and Sons).
2.3 The topography of the site is gentle, with levels rising consistently and evenly from Fambridge Road towards the west.
2.4 The site is currently in use as an agricultural field and contains only limited hedgerow and tree planting along its boundaries.
3. The Proposal
3.1 The application seeks outline planning permission, with all matters reserved, for residential development comprising: Up to 75 new dwellings, of which 30% will be affordable homes. The indicative housing mix is 52 open market units and 23 social rented units at a density of approximately 18 dwellings per hectare on the land to be developed / 12 dwellings per hectare on the overall site. Up to 1,000 sq.m. of flexible commercial and community space within Use Classes A1, A2, A3, B1, D1 and D2, broadly encompassing shops, financial and professional services, food and drink, office space, health, community and leisure facilities. A 1.8ha village green. Additional amenity space.
Agenda Item no. 5 Page 58 / 147 3.2 The draft heads of terms for a Section 106 legal agreement offer the following obligations: affordable housing, education, health, public transport, ecology, public open and local play space contributions.
3.3 The application submission includes the following documents: Planning Statement. Design and Access Statement with three indicative site layouts. Sustainable Vision Document. Ecology Report. Transport Statement. Flood Risk Assessment. Landscape and Arboricultural Report.
Detailed consideration has been given to each of these documents.
4. Relevant Planning History 13/00552 Land south of Strathmore Road, North Fambridge. 10 flats, 22 houses and village shop with flat over. Resurfacing of Strathmore Road and construction of access road and parking. REFUSED 5 September 2013. APPEAL submitted 21 Feb 2014, to be determined by written representations. Not yet determined. Reasons for refusal included location outside of the settlement boundary, design and layout, density, mass and bulk, urban sprawl into the surrounding countryside and flood risk from surface water run-off. 13/00473 Manor Farm, The Avenue, North Fambridge. Outline application for up to 30 dwellings. REFUSED 11 February 2014 (Committee overturn). Reasons for refusal included foul water drainage, prematurity and prejudice to the Local Development Plan process, and to delivery of critical strategic infrastructure.
5. Consultation Replies
Parish Council North Fambridge Parish Council: Two letters of objection received:
First response includes: Introduction Our objection to this application does not deviate from comments made in response to the LDP Preferred Options Consultation and the Presubmission LDP. Approval of this outline application would be premature and would be prejudicial to the outcome of the referral of the Presubmission Plan to the Government Inspectorate.
We referred to significant outstanding issues in our submission to the Preferred Options Consultation dated 10 October 2013 which were further developed in our response to the Presubmission Plan. We invite the Ccommittee to take into account the views expressed in these documents as well as the comments below relating to the specifics of the application under consideration.
Agenda Item no. 5 Page 59 / 147 North Fambridge Parish Council continued – Application Form We submit that acceptance of a speculative application of this kind prior to the finalisation of Maldon District Council’s LDP should be resisted as it would pre-empt opportunities for village residents to express views regarding alternatives when rural allocations are planned.
Letter from the agents It is stated that MDC cannot demonstrate a five-year housing supply of deliverable housing sites. Therefore this application must be considered in the context of sustainable development and material considerations under the NPPF. Significant material considerations exist, including sewerage and flooding issues. 75 dwellings is too high an amount for a small village to integrate into the community.
The suggestion that the village lacks a centre to act as a 'community focus' has no merit. Although not in the geographical centre, the well-used village hall and school house which are near to the public house and the church, are significant and recognised village focal points for community activity and cohesion.
Design and Access Statement: Access: "Essex Trends" states that households in Essex have an average of 1.3 cars per household, which is higher than the national average. An increase of 75 houses will exacerbate the impact of traffic on the B1010/1012 and its safety. The MDC LDP Assessment of Impact of Proposed Development Sites Highway Network 2013 states that, regarding the B1010 from Burnham on Crouch to South Woodham Ferrers:
"In summary, there has been a higher number of accidents recorded along this stretch of road than could be expected for a road with relatively low traffic flow."
There are also concerns that increased housing in North Fambridge will impact on the bottlenecks occurring at South Woodham Ferrers as residents access workplaces in South Essex and London.
MDC identifies that employment opportunities are limited in the area and that mobility of labour is essential to access employment in major centres of employment elsewhere in Essex. Travel to employment in these centres will be almost exc.lusively by car. The claim that this development is an opportunity to create self-sufficiency in employment for the village, and would therefore reduce reliance on car use, lacks credibility. Approximately 61% of current village residents are of employable age (Parish Plan 2008). The Parish Council is unaware of any significant incidence of unemployment in the village's existing population. It would be counter to reason to assume that purchasers of new properties in the development would represent a significant pool of jobseekers requiring employment. Therefore, even if there was potential for 55 to 100 full time equivalent jobs in the proposed flexible commercial and community space, as claimed in the letter of 28 February, it is likely that many occupants of these positions would come from outside the village, thus adding to, rather than reducing, car travel to and from the village.
Agenda Item no. 5 Page 60 / 147 North Fambridge Parish Council continued – There are no timetabled bus services in the village save for a fortnightly bus to Chelmsford. The Dengle Dart is a dial up service which takes villagers to nearby villages where they have to change.
The train service cannot be expanded as there is a shortage of "clearance times" on the London to Southend main line. The service also terminates early so that many villagers working in London drive to Wickford Station to ensure that they can get back home when working late. It cannot be used for entertainment trips to London. Reference to access by boat is not relevant to transport considerations as the River Crouch is used primarily for leisure purposes. In any case, access is extremely limited in that the marina and moorings are only open to private boat owners. We make further reference to transport issues under the appropriate heading below.
Design and Access Statement: Character The character of the village has always been of open aspect with houses interspersed by farm land. A development of this nature and on the scale proposed, if allowed, would be suburbanisation on a larger scale, with consequent loss to the rural character of the whole village.
Design and Access Statement: Design Rationale Whilst the Parish Council would welcome the return of this amenity to the village, it does not believe that the "food store (and) shops" referred in the developer's Design Rationale are based on any realistic assessment of their commercial viability in this context.
There is no evidence of significant demand for office space away from urban centres. North Fambridge would not be considered by businesses as a sufficiently accessible area for customers. The broadband speed in the village at 1mb to 2mb is very slow, making it unsuitable for modern commercial needs.
Flood Risk Assessment There is no detailed explanation of how SUDS will be dealt with in area which is comprised of clay soil and where most surface water provision is ineffective. The contour of the development would mean that run off from a treatment plant would drain towards the flood zone by Fambridge Road and could be affected by flooding. The Environment Agency Pollution Prevent ion Guidelines state that for a drainage field you need ‘a good depth of well drained, well aerated soil – avoid sites prone to waterlogging’.
Planning Statement In the past the potential for business letting of parts of School House, which is attached to the village hall, had foundered on the inaccessibility of the village for potential clients. The village already contains a playground which was deemed suitable for the allocation of a substantial grant to provide additional play equipment.
Transport Statement The local bus service is not available to villagers as it is on the main road and is not near the village. Nor does the Dart 5 service access the village. A significant majority of respondents to the survey undertaken for the Village Plan 2008 identified the entrance to the village as a main danger spot.
Agenda Item no. 5 Page 61 / 147 North Fambridge Parish Council continued – Conclusion North Fambridge Parish Council recommends that this application is refused.
Second response The above application has included a traffic survey undertaken by JMP Consultants Ltd on behalf of the TRICS Consortium.
The results are not representative for the village of North Fambridge as the survey was taken at Hirtes Corner at the junction of The Avenue with Fambridge Road. Consequently, all traffic to and from the station, business traffic for the waste business of Fleet Farm, and all access to Fambridge Road, Franklin Road, Rookery Lane, Stephenson Road and Station Approach will not have been counted in the recorded figures. This amounts to well over half of the residents of the village.
Is it possible for the survey to be repeated at a more representative location? We would suggest in between Franklin Road and Rookery Lane. If the Parish Council needed to fund this, how much would it cost?
External
Anglian Water: Joint Position Statement on Development in North Fambridge This statement has been prepared to support Maldon District Council in their decision making on development in North Fambridge.
Background Water Recycling North Fambridge is in the catchment of the Latchingdon Water Recycling Centre (formally referred to as Wastewater Treatment Works). Latchingdon is located approximately 6km north east of North Fambridge. This Water Recycling Centre (WRC) contributes loads to the small downstream watercourse and then the Blackwater Estuary, which is part of the Essex Estuaries Special Area of Conservation and shellfishery.
A high quality water environment is an integral part of the natural environment, providing a good habitat for plants, animals and quality of life benefits for local people. Water resources and a high quality water environment underpin economic development, by providing water for households, industries, agriculture, recreation and tourism. As a minimum, our objectives are to ensure that there is no deterioration in water quality in the water environment and that the water quality thresholds set out in the Conservation Objectives for the European protected site in the estuary and those of the shellfish water continue to be met.
Agenda Item no. 5 Page 62 / 147 Anglian Water continued - Latchingdon Water Recycling Centre (WRC) has been considered to be at flow capacity by both Anglian Water (AW) and the Environment Agency (EA), as presented in Maldon District Council’s Scoping Water Cycle Study (Entec, March 2010). Latchingdon WRC had been identified as needing an increased dry weather flow (DWF) consent following a flow compliance review. The proposed increase was to reflect the existing flow conditions, with any subsequent 'headroom' provided solely for seasonal variations in the flow. Any further increase in the fouls treated at Latchingdon WRC is unlikely to be looked upon favourably in order to minimise nutrient loads to the Blackwater Estuary.
There is an alternative Water Recycling Centre at South Woodham Ferrers, which is located approximately 4km west of North Fambridge. The WRC lies within Chelmsford Borough Council and serves East Hanningfield, Rettendon and South Woodham Ferrers. The Chelmsford Water Cycle Study, Phase 2 Technical Report (May 2011) indicated there was sufficient capacity to serve the proposed modest growth in the Chelmsford Borough without the need for revised consent or upgrades.
Foul Network North Fambridge is served by a foul only sewerage network including two pumping stations located at The Avenue and Franklin Road.
Surface Water There are no public surface water sewers in the vicinity. There are ongoing issues relating to surface water disposal. Investigations have found that there are a significant number of surface water connections into the sewer designated for foul only flows (26 properties in Franklin Road) that on occasions of heavy rainfall are having an adverse effect on the system. Ditches that historically provided for natural run off have become blocked, inaccessible or filled in.
Current Situation
Latchingdon Water Recycling Centre The most recent data shows that a revision to the consented dry weather flow (DWF) is necessary to accommodate further growth. Consequently, substantial process enhancements at the WRC would be needed to create capacity and to achieve the anticipated requirements of a revised consent.
South Woodham Ferrers Water Recycling Centre The recent data indicates that South Woodham Ferrers WRC has sufficient capacity to accommodate both the growth in North Fambridge and in the Chelmsford Borough. There would be no need for a revised permit or upgrades to the works. This would therefore be the preferred and most sustainable treatment option.
Agenda Item no. 5 Page 63 / 147 Anglian Water continued - Foul Network The current network does not have the capacity to accept the further growth indicated. Options for taking additional flows from North Fambridge have been considered based on the total growth proposed, which includes the allocation in the Local Development Plan of 75 units, a recent application awaiting decision of 30 units and a recently refused application for 37 houses where an appeal may be submitted.
The assessment has been based on: a) taking flows to Latchingdon WRC b) taking flows to South Woodham Ferrers WRC.
To enable option a), the network will need to be upgraded. This will require a new pumping station and approximately 6km of rising main. The anticipated capital cost is £2,573,616.
To enable option b), the network will need to be upgraded. This will require a new pumping station and a 4km of rising main. It is also expected that a storage tank maybe required. The capital cost predicted in the region of £2,088,647.
Any cost calculations provided within the report are estimated only and may be subject to change.
Surface Water Maldon District Council, Anglian Water, North Fambridge Parish Council and Essex County Council continue to work together to resolve the existing issues. Anglian Water, in partnership with Essex County Council, will endeavour to carry out further work to be completed by the end of this financial year to:
Establish the effect of surface water removal from the foul system Endeavour to establish the natural surface water flow routes in North Fambridge
A factual report will be presented to provide recommendations and guidance.
A sustainable drainage system to resolve the current issues of surface water drainage is the preferred option, however if this is found not to be feasible, the installation of a surface water sewer may be an option to consider if funding could be found. Anglian Water will advise and vet any surface water sewer design submitted to serve the existing properties in North Fambridge with a view to adoption of the sewer once it is installed.
Agenda Item no. 5 Page 64 / 147 Anglian Water continued - New growth - recommendations to manage flood risk: 1. No new surface water connections to combined and foul sewers. 2. Removal of existing surface water connections from combined and foul systems. Evidence that the developments had followed the surface water management hierarchy will help to ensure infiltration is considered ahead of maintaining connection to sewers. 3. Understand exceedance of existing and proposed surface water management measures and safeguard/design flow routes reinstating natural pathways, where possible. Should the rainfall extent exceed the capabilities of the surface water systems, this will help to ensure properties are protected and urban design of public open space considers the potential flows of surface water. 4. Development should seek to reduce flood risk to the site and third parties. 5. Early engagement is key to ensuring adequate surface water management measures are included. 6. Particular consideration must be given to development in areas where there is a high water table. 7. Maintaining existing surface water drainage features, such as ditches, to ensure there are opportunities for surface water to be attenuated and disposed of away from sewers.
All parties are keen to ensure the water infrastructure and flood risk is adequately considered upfront without unduly blocking development, whilst continuing to safeguard Habitats Directive sites, and meet the objectives of the Water Framework Directive.
Developers will need to engage with relevant parties in order to identify and progress solutions, indeed Anglian Water and the Environment Agency actively encourage pre-application discussions. We are committed to work with all parties to progress solutions to enable development in North Fambridge.
Environment Agency (final response): We have reviewed the revised FRA submitted on the 4 June 2014 and we are now in a position to withdraw our previous objection, subject to a condition being attached to any permission.
Essex County Council (ECC) Education Authority: According to our forecasts, there should be sufficient early years and childcare provision to meet the needs of the development.
According to our forecasts in the 'Commissioning School Places in Essex 2013-18 ' there should be sufficient places at primary school level to meet the needs of the development. However, the school is in excess of the statutory walking distance from the proposed development and therefore ECC is obliged to provide free transport to the school resulting in a long term cost to ECC. The cost is estimated to be £8 per pupil per day for 195 days per year; a standard academic year. It is the practice of Essex County Council to seek costs for a 5 year period.
Agenda Item no. 5 Page 65 / 147 Essex County Council (ECC) Education Authority continued - According to our forecasts there should be sufficient places at secondary School level to meet the needs of the development. However, the school is in excess of the statutory walking distance from the proposed development and therefore ECC is obliged to provide free transport to the school resulting in a long term cost to ECC. The cost is estimated to be £3.90 per pupil per day for 195 days per year; a standard academic year. It is the practice of Essex County Council to seek costs for a 5 year period.
In view of the above I request on behalf of Essex County Council that any permission for this development is granted subject to a section 106 agreement to mitigate its impact on the cost of school transport costs as outlined above. For information purposes only, should the final development result in the suggested net increase of 75 houses with two or more bedrooms, the school transport sum would be £232,537.50. This amount would be index linked to April 2014 costs.
If your Council were minded to turn down the application, I would be grateful if the lack of education and transport provision in the area can be noted as an additional reason for refusal and that we are automatically consulted on any appeal or further application relating to the site.
Essex County Council Highways (second response): The Highway Authority is fully aware of the constraints at the existing junction of North Fambridge onto the Lower Burnham Road B1012 and that there is no real scope for any junction improvements at this location. As part of this application the applicant has fully assessed this junction, and the impact of the development upon it, in line with current standards and guidance.
The expected impact of the proposed development has been considered and whilst it is acknowledged that there will be an increase in traffic through this junction the actual impact of the development will not be that significant in capacity or safety terms.
Therefore the Highway Authority has concluded that the proposal will not be detrimental to highway safety, capacity or efficiency at this location or on the wider highway network.
The Highway Authority would not wish to raise an objection to this proposal subject to conditions.
Essex County Fire and Rescue No objection, subject to advisory notes relating to Building Control matters.
Essex and Suffolk Water No objections in principle.
Essex Wildlife Trust: The land is managed by cattle grazing of the coastal fields for the benefit of wildlife, and in particular overwintering birds, including brent geese. While dogs are allowed on the public footpath along the seawall, they are not permitted on the permissive path through the reserve itself.
Agenda Item no. 5 Page 66 / 147 Essex Wildlife Trust continued - Based on the size of the proposed development and a rough estimate that around 40% of households own a dog, we can anticipate an increase of up to around 34 dog walkers on the sea wall. This could potentially have a small detrimental impact caused by increased disturbance. We are in agreement with Natural England that mitigation for this effect needs to be provided in the form of open space/dog walking areas within the development.
We also concur with Natural England’s comments and advice regarding a Habitats Regulation Assessment.
National Health Service (NHS) On behalf of NHS England and NHS Property Services I can confirm that we are content with the agreement from the developer to make reasonable S106 contributions in order to fairly and reasonably address the identified healthcare impact of the above development, and therefore lift our holding objection on this application.
Review of Planning Application The planning application does not however include a Healthcare Impact Assessment (HIA) of the proposed development or propose any mitigation of the healthcare impacts arising from the proposed development.
NHSE have recently carried out a review of GP services to identify capacity issues throughout Essex. This development is likely to have an impact on services within the neighbouring South Woodham Ferrers area. The GP practices in this area do not have capacity for the additional growth as a result of this development. Therefore an HIA has been prepared by NHSE to provide the basis for a developer contribution towards capital funding to increase capacity within the GP Catchment Area.
Healthcare Impact Assessment
The Capital Funding Implications of the Proposed Development Table 1 provides a summary of the capacity position for the GP Catchment Practices once the additional floor space requirements arising from the development proposal are factored in, including an estimate of the costs for providing new floor space and/or related facilities. The costs for additional car parking capacity are not addressed in the table as NHSE has yet to undertake a detailed audit of the transportation position
A GP Catchment Plan that identifies the location of the GP Practice serving the development proposal is enclosed.
Agenda Item no. 5 Page 67 / 147 National Health Service (NHS) continued -
Table 1: Capital Cost Calculation for the provision of additional health services arising from the development proposal and developer contribution required. Additional Additional Capital Spare Population floor space required to List NIA Premises Capacity² Capacity Growth required to create Size (m²)¹ (NIA m²)³ (75Homes) meet additional ⁴ growth floor The Practice (m²)ɠ⁵ space (£)⁶ South 5252 408 5950 47.86 36 0 0 Woodham Ferrers Brickfields 5878 199.37 2908 -203.69 36 2.48 4960 Surgery Greenwoods 4037 176.52 2574 -100.3 36 2.48 4960 Surgery Kingsway Surgery & Anson Close 4051 236.53 3449 -41.25 72 4.9 9800 (Branch Surgery) Total 19,218 1,020.42 14,881 -297.38 180 9.86 £19,720
Notes: 1. Current Net Internal Area occupied by the Practice 2. The number of patients the practice has capacity for based on its existing NIA and based on an optimum list of 1750 patients per 120m². 3. Based on current list size 4. Calculated using the Maldon District Average household size of 2.4 taken from the 2011 Census: Rooms, bedrooms and central heating, local authorities in England and Wales (rounded to the nearest whole number). 5. Based on 120m² per 1750 patients as set out in the NHSE approved business case incorporating DH guidance within “Health Building Note 11-01: facilities for Primary and Community Care Services” 6. Based on standard m² cost multiplier for primary healthcare in the East Anglia Region from the BCIS Q1 2014 price Index, adjusted for professional fees, fit out and contingencies budget (£2,000/m²), rounded to nearest £.
As shown in Table 1, there is a capacity deficit in the catchment practices and a developer contribution of £19,720 is required to mitigate the ‘capital cost’ to NHSE for the provision of additional healthcare services arising directly as a result of the development proposal.
NHSE, therefore requests that this sum be secured through a planning obligation linked to any grant of planning permission, in the form of a Section 106 Agreement.
Agenda Item no. 5 Page 68 / 147 National Health Service (NHS) continued - Developer Contribution required to Meet the Cost of Additional Capital Funding for Health Service Provision Arising In line with the Government’s presumption for the planning system to deliver sustainable development and specific advice within the National Planning Policy Framework and the CIL regulations, which provide for development contributions to be secured to mitigate a development’s impact, a financial contribution of £19,720 is sought, which would be payable before the development is first occupied.
NHSE is satisfied that the basis and value of the developer contribution sought is consistent with the policy and tests for imposing planning obligations set out in the NPPF and in Section 122 of the CIL Regulations which require the obligation to be a) necessary to make the development acceptable in planning terms, b) directly related to the development and c) fairly and reasonably related in scale and kind to the development
Natural England (first response): Natural England has some concerns regarding the detail of the above application, particularly with regards to consideration of recreational disturbance impacts upon internationally designated sites as detailed below. We are confident that it should be possible to ensure any impacts can be appropriately avoided or mitigated, however without further information it is the advice of Natural England that it is not possible to conclude ‘No Likely Significant effect’ on the European sites in question.
Conservation of Habitats and Species Regulations 2010 Wildlife and Countryside Act 1981 (as amended) The application site is in close proximity to a European designated site (also commonly referred to as Natura 2000 sites), and therefore has the potential to affect its interest features. European sites are afforded protection under the Conservation of Habitats and Species Regulations 2010, as amended (the ‘Habitats Regulations’). The application site is in close proximity to The Crouch and Roach Estuaries Special Protection Area (SPA) which is a European site. The site is also listed as a Ramsar site1 and also notified at a national level as a Site of Special Scientific Interest (SSSI). Please see the subsequent sections of this letter for our advice relating to SSSI features. The site is also in proximity to the Essex Estuaries Special Area of Conservation (SAC). The notification features of the SSSI broadly relate to the features associated with the internationally designated sites and so the following comments are applicable in both an international and national context.
Given the size of this application, which has to be considered to equate to a minimum of 150 new residents, Natural England believes that this application had potential to influence the aforementioned sites as a result of increased recreational disturbance pressures.
In considering the European site interest, Natural England advises that you, as a competent authority under the provisions of the Habitats Regulations, should have regard for any potential impacts that a plan or project may have2. The Conservation objectives for each European site explain how the site should be restored and/or maintained and may be helpful in assessing what, if any, potential impacts a plan or project may have.
Agenda Item no. 5 Page 69 / 147 Natural England continued (first response) - Habitats Regulation screening The consultation documents provided by your authority do not include information to demonstrate that the requirements of Regulations 61 and 62 of the Habitats Regulations have been considered by your authority, i.e. the consultation does not include a Habitats Regulations Assessment.
In advising your authority on the requirements relating to Habitats Regulations Assessment, it is Natural England’s advice that the proposal is not necessary for the management of the European site. Your authority should therefore determine whether the proposal is likely to have a significant effect on any European site, proceeding to the Appropriate Assessment stage where significant effects cannot be ruled out. Natural England advises that there is currently not enough information to determine whether the likelihood of significant effects can be ruled out.
The information submitted alongside this planning application, specifically the Ecology report suggests that as the proposals are within a context of existing development, and that the site is of limited ecological use and therefore that the internationally designated sites will not be affected. Paragraph 4.3.2 concludes ‘it is considered unlikely that proposals to develop the site would have adverse impacts upon statutory designations’. Whilst Natural England recognise that these proposals are in effect infilling between two blocks of existing development, we consider that 75 additional houses, or >150 new residents a relatively significant proportional increase (against an existing population of 800-900 residents), and the presence and potential impacts of residential disturbance should not have been dismissed.
Consideration of Likely Significant Effect Whilst it is disappointing that no assessment of recreational disturbance impacts has been made as a part of this application, it is Natural England’s view that when considered with possible avoidance and mitigation measures it should be possible to rule out adverse impact for the below reasons: We note that ~29% of the site is to remain as green infrastructure (GI), in the form of a village green, and that boundary planting is proposed. GI plays a crucial role in alleviating recreational pressure on designated sites by absorbing day-to-day activities, such as routine dog walking. To ensure its value is maximised for both people and wildlife it will need careful design to create high quality, semi-natural habitats of a multifunctional nature. Whilst the GI provision is somewhat lower than Natural England’s recommended 40% GI, this is not considered inappropriate given the small size of the site. The nearest area of designated site is managed by the Essex Wildlife Trust as their Blue House Farm reserve. EWT are playing an active role in managing the effects of recreational disturbance on this 240 hectare area of the SPA by controlling access including restricting dogs to public rights of way. The reserve has an on-site warden which means a greater degree of confidence can be had that the potential impacts of recreational disturbance will be managed. We would strongly recommend that EWT be consulted regarding this application, in particular to determine whether they have any concerns about the capacity of the site to deal with an increase in visitor numbers.
Agenda Item no. 5 Page 70 / 147 Natural England continued (first response) - It is our view that it should be possible for the applicant to provide enough information for your authority to undertake screening against the requirements of the Habitat Regulations. We would recommend that this take the form of a Mitigation and Management strategy which details the avoidance, mitigation and enhancement measures as well as detailing the mechanism for securing their long term management. We advise that the information and evidence gaps could potentially be resolved if this information were formally submitted by the applicant in order to amend the proposal. This would then provide an opportunity for your authority to repeat your screening to check for the likelihood of significant effects of the project as submitted (i.e. with all new information provided as part of the proposal).
Further advice Biodiversity enhancements This application may provide opportunities to incorporate features into the design which are beneficial to wildlife, such as the incorporation of roosting opportunities for bats or the installation of bird nest boxes. The authority should consider securing measures to enhance the biodiversity of the site from the applicant, if it is minded to grant permission for this application. This is in accordance with Paragraph 118 of the NPPF. Additionally, we would draw your attention to Section 40 of the Natural Environment and Rural Communities Act (2006) which states that ‘Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity’. Section 40(3) of the same Act also states that ‘conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat’.
Protected Species We have not assessed this application and associated documents for impacts on protected species. Natural England has published Standing Advice on protected species. The Standing Advice includes a habitat decision tree which provides advice to planners on deciding if there is a ‘reasonable likelihood’ of protected species being present. It also provides detailed advice on the protected species most often affected by development, including flow charts for individual species to enable an assessment to be made of a protected species survey and mitigation strategy.
You should apply our Standing Advice to this application as it is a material consideration in the determination of applications in the same way as any individual response received from Natural England following consultation.
The Standing Advice should not be treated as giving any indication or providing any assurance in respect of European Protected Species (EPS) that the proposed development is unlikely to affect the EPS present on the site; nor should it be interpreted as meaning that Natural England has reached any views as to whether a licence may be granted.
Agenda Item no. 5 Page 71 / 147 Natural England continued (first response) - Other Advice We would expect the Local Planning Authority (LPA) to assess and consider the other possible impacts resulting from this proposal on the following when determining this application: Local sites (biodiversity and geodiversity); Local landscape character; and Local or national biodiversity priority habitats and species.
Natural England does not hold locally specific information relating to the above. These remain material considerations in the determination of this planning application and we recommend that you seek further information from the appropriate bodies (which may include the local records centre, your local wildlife trust, local geo- conservation group or other recording society) and a local landscape characterisation document in order to ensure the LPA has sufficient information to fully understand the impact of the proposal before it determines the application. A more comprehensive list of local groups can be found at Wildlife and Countryside link.
If the LPA is aware of, or representations from other parties highlight the possible presence of a protected or priority species on the site, the authority should request survey information from the applicant before determining the application. The Government has provided advice on priority and protected species and their consideration in the planning system.
Natural England (second response): Natural England advises that a Habitats Regulations Assessment is required to inform a decision on this proposed development. The HRA should consider the recreational disturbance impacts arising from new residents. We consider that, subject to further information provided by the applicant, the HRA may be able to conclude that there is not likely to be a significant effect on the European site.
We understand that this further information will be available as part of a Reserved Matters application, and advise that the completion of the HRA is deferred until this information is available. Notwithstanding this, our recommendation is that a draft HRA is prepared to inform a decision on the Outline application.
We have reviewed the letter provided by Peter Harris (t4 ecology limited), and are pleased to see that there is general agreement with Natural England’s proposed approach, as described above.
Natural England’s consultation response advises Maldon Council regarding your responsibilities under the Habitats Regulations. We raised concerns regarding the impact of recreational disturbance to the over-wintering bird interest of the Crouch & Roach Estuaries SSSI, SPA, Ramsar site. We recognise that the information required to complete the Habitats Regulations Assessment may not be available in detail at this stage (the Mitigation and Management Strategy), but would be submitted at Reserved Matters stage.
Agenda Item no. 5 Page 72 / 147 Natural England continued (second response)- Consequently, it is our advice that, should you be minded to grant permission, you ensure (via suitably worded planning condition or legal agreement) that no development commences until the Mitigation and Management Strategy is completed to the satisfaction of the Council in consultation with Natural England. Taking this approach ensures that the proposed development can progress to reserved matters stage, without compromising the conservation of the European site. It ensures that the Strategy can be developed when sufficient information is available. This approach is sometimes used when assessing the Local Plan, and further stages of Assessment under the Habitats Regulations are deferred to the “project level”, dealing with as many issues as can be addressed at each stage.
The Council should record its Habitats Regulations Assessment along these lines, and complete it at reserved matters stage. You may ask the developer for additional information (as is your right under the Regulations) in order to complete this assessment. The HRA should include for instance, information about the vulnerabilities of the European site, and its current management. Importantly, it should describe how this area of the Site is managed by the Essex Wildlife Trust (at Blue House Farm), and for example, how access is managed (including restrictions on dogs) etc. The HRA would benefit from details of public footpaths, and especially where these direct people to vulnerable areas of the European site. Descriptions of typical circular routes that might be taken would also be helpful. Natural England would be happy to comment on a draft Habitats Regulations Assessment, should the Council wish.
The HRA need not be lengthy and onerous, but proportionate and fit for purpose. It should simply aim to demonstrate how the planning authority has considered the possible impacts arising from the development on the European sites.
Sustainable Drainage System Approval Body: Until we become the SuDS Approval Body (SAB), expected to be in October 2014, we are providing informal comments on SuDS schemes on sites over 1ha, which are given without prejudice to any future application under the Flood and Water Management Act. The Environment Agency remains the statutory consultee on surface water.
We would ideally look for SuDS to comply with: The CIRIA SuDS Manual (C697). DEFRA’s draft SuDS National Standards. Essex County Council’s (ECC’s) emerging Sustainable Drainage Design and Adoption Guide.
To keep open the possibility of Essex County Council as the future SAB being able to adopt them. This will, however, be subject to any future Voluntary Adoption Policy developed and full and clear evidence that SuDS meet the relevant criteria would be expected to be provided.
Agenda Item no. 5 Page 73 / 147 Sustainable Drainage System Approval Body continued - Having reviewed the Flood Risk Assessment which accompanies the application, our comments on the surface water drainage strategy are as follows: Drainage Strategy Design - pg. 9 - the allowable runoff rate must not exceed the existing greenfield rate. In order to show that there is a feasible surface water solution for the site the applicant should ideally provide: Preliminary calculations of both the allowable runoff rate and required storage volumes Confirmation from Anglian Water of the acceptability of the proposals, prior to the grant of permission.
9.6 - Flood risk to the site from surrounding areas should also be considered. This may be done using the Environment Agency’s updated Flood Maps for Surface Water.
9.6 - fourth paragraph - ‘The scheme will also need to address the capacity issues in the local network; the scheme has the potential to retain all surface water on site’- this is at odds with the earlier statement to look to restrict to greenfield runoff rates. If no runoff is proposed, the impact on any existing receiving watercourses would need to be considered.
SuDS should ideally be sited outside of Flood Zone 2 and would be integrated into the street layouts through the use of source control features (such as permeable paving and infiltration as mentioned) rather than using below ground or end-of pipe storage features.
Internal Coast and Countryside Officer: I have no objections to this application provided that the following ecological issues are appropriately addressed:
Existing features such as hedgerows and ditches should be retained and enhanced for the benefit of wildlife. New hedgerows consisting of appropriate native tree and shrub species should be planted along the northern and western boundaries of the development. Protected reptile species (common lizards and slow worms) are thought to be widespread in the local area. I have recorded common lizards from two locations in close proximity to the site in the last year. Although the site itself mainly consists of arable land that is not suitable for reptiles, the boundaries of the site and adjoining land could contain small reptile populations. Therefore, appropriate reptile mitigation measures should be agreed before construction work commences. It is likely that bats are present in the local area and that they will be making use of the existing boundary features. Any lighting within the new development should be designed and installed to ensure that light falling onto the development boundaries, especially the northern and western boundaries is kept to a minimum.
Agenda Item no. 5 Page 74 / 147 Coast and Countryside Officer continued - This scheme provides an opportunity to deliver a range of small, low cost ecological enhancements that would provide long term benefits for local wildlife populations such as birds, reptiles, bats and hedgehogs. Such a scheme could be agreed at the full planning application stage.
The proposed provision of new open space, woodland and footpaths is welcomed but it will be important to ensure that adequate measures are put in place to ensure the long term sustainable and appropriate management of these new community assets.
Emergency Planning Officer: I have now inspected application 14/00186/OUT as Emergency Planning Officer. From inspection of the Flood Risk Assessment provided, the residential area of the site falls within Flood Zone 1 and is not at risk of tidal flooding. The developer has demonstrated methods of managing surface water and constructing the dwellings in such a way to mitigate the effects of flooding on the construction and aid recovery times in the event of a flood.
It is also noted that an evacuation plan is not necessary within Flood Zone 1.
On this basis I raise no objection to the grant of permission.
Environmental Health: Contaminated land maps indicate that there is an area of unknown infill on the site and therefore prior to providing our full comments we will require a Phase 1 Desk Top Study, Site Walkover and Preliminary Risk Assessment.
An area of flexible commercial space is proposed as part of this application and there is the potential for residents to be adversely affected by activities (from noise, odour and / or dust) from this element of the development. Appropriate restrictions on the use class should be conditioned and the design of the development should be such as to minimise the potential for nuisance. Due to the residential nature of the location an hours of use condition is appropriate and must include collections and deliveries. This service will also require details of any plant and machinery associated with the proposal and any external lighting provision.
I have seen the Joint Statement on Development in North Fambridge dated January 2014 prepared by Anglian Water Services, the Environment Agency and Essex County Council (Lead Local Flood Authority) which is referred to in the application and I am aware of the constraints of the foul and surface water infrastructure in the village.
Waste Management comment as per the Informative.
Housing: The Planning Application is proposing up to 75 residential dwellings which triggers the requirement for Affordable Housing under Policy H9 - Maldon District Council's Replacement Local Plan.
Agenda Item no. 5 Page 75 / 147 Housing continued - The current policy stipulates a provision requirement of 30% affordable housing with a split of 98% social rented and 2% shared ownership. However, we would accept affordable rent (as currently Social Rented stated in the Policy) provided the RP (Registered Provider/Housing Association) is recognised and regulated by the Homes and Communities Agency and eligible for funding from the Homes and Communities Agency.
However, Maldon District Council's emerging Local Development Plan 2014 -2029 identifies a requirement of 40% affordable housing provision for this site. The draft 2014 Strategic Housing Market Assessment recommends the following size of affordable units: 1 bed units - 40% 2 bed units - 50% 3 bed plus units - 10%
The emerging policy and identified need also requires that a proportion of the affordable housing is provided to meet the needs of older people and facilitate best use of existing social stock. This could be homes for older people who want to downsize into smaller affordable accommodation.
The gross costs of the affordable units (rent/service charge etc.) have to be within Maldon District Council's Strategic Tenancy Strategy and delivered by a Registered Provider/Housing Association who are recognised and regulated by the Homes and Communities Agency and eligible for funding from the Homes and Communities Agency.
The Affordable Scheme detailing tenure, costs, allocation of units is to be agreed by Maldon District Council's Housing Department as part of the Section 106 Agreement.
Strategic Housing Services fully supports this application which assists in meeting the affordable housing need of the District.
Senior Conservation and Urban Design Officer (Archaeology): Archaeological Significance The proposed development site has the potential to impact on archaeological remains. The Historic Environment Record (HER) shows that it is located to the north-east of the medieval church and hall complex of North Fambridge Hall and Holy Trinity Church. The Hall is Listed Grade II, the current building dates to c.1600. To the south of the proposed site was a medieval linear green. The proposed development site is located on a spur of higher land that extended out into the tidal marshes, the ground faces south and east with extensive views out along the Crouch estuary, such sites have proved a focus for occupation from the prehistoric period onwards. Archaeological deposits are both fragile and irreplaceable and any permitted development on site should therefore be preceded by a programme of archaeological investigation which should be secured by an appropriate condition attached to any forthcoming planning consent. This is in line with advice given in the National Planning Policy Framework, Paragraphs 139 and 141.
Agenda Item no. 5 Page 76 / 147 Senior Conservation and Urban Design Officer (Urban Design): Context North Fambridge is characterised as a Riverside/Maritime Settlement in the Maldon District Characterisation Assessment, a characterisation study of the Maldon District to inform the Maldon District Design Guide, June 2012. The settlement is historic, growing up at the ferry crossing over the Crouch to South Fambridge. North Fambridge is detailed on the 1777 Chapman and Andre Map of Essex which also shows the main connecting routes to and from it.
The riverside/maritime settlements have particular characteristics with regard to their development and evolution. The early settlement of North Fambridge abuts the Crouch estuary and is low lying and protected by sea walls. The nucleus of the settlement is a little way inland with the church – rebuilt 18th century and manor/hall buildings – North Fambridge Hall circa 1600.
The agricultural depression allowed farmland to be built on and, coupled with inter- war plotland developments of the 1930s, created the expansion of North Fambridge as experienced today and is representative of the core of the village. This ‘core’ of development does take on a suburban character. The railway station is a key asset.
My comments on the proposal The submitted D&A Statement gives a good overview of the existing connections, facilities and services within the settlement and to the wider communities of Maldon.
I agree that North Fambridge is a little discordant in townscape terms i.e. the pockets of development either side of the railway station and the development along The Avenue that do not lend themselves to a central heart to the settlement and to a centre or focus for the community. There is opportunity to repair this and the application site could act as a linchpin or hinge for inclusive, coherent development with social, economic and environmental considerations with the existing settlement.
Whilst all matters are reserved, the applicant has illustrated three options for indicative layouts. However, the differences between the three are not for consideration at this stage. All three exhibit the same components to inform the layouts i.e. a green space, residential development, a woodland buffer and access to land beyond.
Paragraph 56, Chapter 7 of the NPPF Requiring Good Design places ’great importance to the design of the built environment’ and that ‘good design is a key aspect of sustainable development’. Paragraph 61 of the NPPF states that ‘policies and decisions should address the connections between people and places and the integration of new development into the natural, built and historic environment.’ Design does go beyond aesthetic considerations but we are not at the detailed design stage yet.
Recommendation Based on the location and the existing character, layout and density of the existing settlement, I do not object to this outline application.
Agenda Item no. 5 Page 77 / 147 Tree Officer: Any perimeter vegetation/hedgerows should be retained and if possible, enhanced by way of a landscaping scheme condition. There appear to be a number of medium to large trees growing on adjacent properties, close to the boundary with this land. A tree protection condition should be applied to ensure the roots of trees on adjacent properties are protected from the effects of development.
6 Letters of Representation
Letters of objection:- N S Stilwell 9 Rectory Road North Fambridge Essex William Fisher Baralia Franklin Road North Fambridge Gail Grout Dengie House The Avenue North Fambridge Richard Ellis The Ridings Franklin Road North Fambridge Fiona Payton The Malyons Franklin Road North Fambridge Payon Martin The Malyons Franklin Road North Fambridge Anne Nunn Harroldene Fambridge Road North Fambridge Paul Baxter Rowan House Fambridge Road North Fambridge Paul Layzell Avocet House 5 The Gables North Fambridge Phyl Beck Rivendell Franklin Road North Fambridge Mr R W Hunt 12 Rectory Road North Fambridge Chelmsford The Occupier Little Orchard Kitchener Road North Fambridge Mr D Moorcroft Bushwood Franklin Road North Fambridge Mrs Margaret Williams Briar House Franklin Road North Fambridge Mario Mochrie Frognal Folly Franklin Road North Fambridge Jeanette Mochrie Frognal Folly Franklin Road North Fambridge David Cranna Ferrymans Cottage Ferry Road North Fambridge David Hawes Kitts View The Avenue North Fambridge Jeffrey & Kathleen Kershaw The Boardwalk Fambridge Road North Fambridge Alison Page 1 Hall Cottages Church Road North Fambridge James Withey The Lodge Ferry Road North Fambridge Thomas Stannard Little Grove Roberts Road North Fambridge Caroline Small Holly Lodge Franklin Road North Fambridge Emma Raven New House The Avenue North Fambridge Simon Quick Cherry Trees Fambridge Road North Fambridge Neil Page Oakwood Lodge Stephenson Road North Fambridge R A Dymond Ravencroft Franklin Road North Fambridge J A Dymond Ravencroft Franklin Road North Fambridge J E Dymond Ravencroft Franklin Road North Fambridge R Stilwell Tacita The Avenue North Fambridge Graham Rowley Seacroft Ferry Road North Fambridge J Stilwell Tacita The Avenue North Fambridge Hilary Gardner Mallard Roberts Road North Fambridge Elizabeth Clack Pound Field Cottage Roberts Road North Fambridge Martin MacMillan Pound Field Cottage Roberts Road North Fambridge Robert J Walters Aldney The Avenue North Fambridge R B Walters Aldney The Avenue North Fambridge Joan Walters Aldney The Avenue North Fambridge B Hobbs River Haven Franklin Road North Fambridge J L Cooper River View Cottage Brabant Road North Fambridge Mr & Mrs R Newman Northlands The Avenue North Fambridge
Agenda Item no. 5 Page 78 / 147 Letters of objection continued:- M Allen Willow Cottage Church Farm Barns Church Road Paul R Meadows Locharon Franklin Road North Fambridge Joyce M White Locharon Franklin Road North Fambridge Emma Hancock 16 Rectory Road North Fambridge Chelmsford Melanie Peffer Crossgates The Avenue North Fambridge Carl Peffer Crossgates The Avenue North Fambridge Dr Daniel Hancock 16 Rectory Road North Fambridge Chelmsford Johanna Dale 3 Station Cottages Station Approach North Fambridge Dorene Crawford Cantenac Brabant Road North Fambridge Douglas Crawford Cantenac Brabant Road North Fambridge Mrs W Wait 1 Station Cottages Station Approach North Fambridge Mr Kenneth Nunn Fourways Stephenson Road North Fambridge K J Jackson Birch House The Avenue North Fambridge Michael Beck Rivendell Franklin Road North Fambridge J A Bailey Serenity Stephenson Road North Fambridge Mrs A Bailey Serenity Stephenson Road North Fambridge Diane Coleman The Drift The Avenue North Fambridge A P Miss Thomas Easter Cottage Station Approach North Fambridge Doreen Johnson Avalon Franklin Road North Fambridge Mark Johnson Avalon Franklin Road North Fambridge Mr B J Newman Tay House Fambridge Road North Fambridge Mrs E D Newman Tay House Fambridge Road North Fambridge D M Deer Southside The Avenue North Fambridge John Osborne Summer House Fambridge Road North Fambridge B Eyre Bracken House The Avenue North Fambridge Miss Leanne Frances Eyre Bracken House The Avenue North Fambridge Mr Mark Patrick Eyre Bracken House The Avenue North Fambridge Master Edward Peter Eyra Bracken House The Avenue North Fambridge Mr & Mrs Boden Langmeil The Avenue North Fambridge Richard Edwards Gate Marsh House Church Road North Fambridge Keith Cranna Ferrymans Cottage Ferry Road North Fambridge David Fairchild Acabill Franklin Road North Fambridge Jane Cranna Ferrymans Cottage Ferry Road North Fambridge Mr D & A Velati Wisteria House The Avenue North Fambridge Mark Blackledge Ferry Corner The Avenue North Fambridge Maureen Blackledge Ferry Corner The Avenue North Fambridge Jane & Barry Jelbart 1 Riverside Cottages Ferry Road North Fambridge Mr R Wichard Grasmere Franklin Road North Fambridge James & Joyce Murray The Oaks 1 The Gables North Fambridge Ms S A Cooper River View Cottage Brabant Road North Fambridge Mr D Grange Holly Lodge Franklin Road North Fambridge Sharon Hutchins New Station House Station Approach North Fambridge David & Pauline Fountain Henley Stephenson Road North Fambridge F A C Wade Stondon The Avenue North Fambridge A J Woods Beechwood House Ferry Road North Fambridge B J Woods Beechwood House Ferry Road North Fambridge J C Woods Beechwood House Ferry Road North Fambridge J V Jackson Birch House The Avenue North Fambridge Joanne Fairchild Acabill Franklin Road North Fambridge Mr K P Cooper River View Cottage Brabant Road North Fambridge
Agenda Item no. 5 Page 79 / 147 Letters of objection continued:- Jackie Fisher Baralia Franklin Road North Fambridge Mrs Brenda Jago Smugglers Cottage Fambridge Road North Fambridge Damian Le Bargy Penmarric Franklin Road North Fambridge Charles Blackledge Ferry Corner The Avenue North Fambridge C B Woods Beechwood House Ferry Road North Fambridge Emmanuel & Alison Lodoiska Ashdown Church Road North Fambridge Mrs B Leat Red Tiles Ferry Road North Fambridge Iceni Projects C/o David Churchill Flitcroft House 114-116 Charing Cross Road London B Saxton Elmtrees Farm Fambridge Road North Fambridge M R Saxton Elmtrees Farm Fambridge Road North Fambridge Dorothy Quick Cherry Trees Fambridge Road North Fambridge Robert Barnes 18 Troubridge Close South Woodham Ferrers Chelmsford Mr M G Little Samantha Brabant Road North Fambridge Roy Hutchins New Station House Station Approach North Fambridge Ben Travers Hillview Franklin Road North Fambridge Mrs T Perry The Rest Franklin Road North Fambridge T G Jones Two Ways The Avenue North Fambridge D Stilwell 9 Rectory Road North Fambridge Essex Mrs Patricia Wade Stondon The Avenue North Fambridge Mr Steve Withey The Lodge Ferry Road North Fambridge Brenda Stannard Little Grove Roberts Road North Fambridge Mrs Carol Ellis The Ridings Franklin Road North Fambridge
Main reasons for Objection: Policy issues The proposal is outside of the development boundary. Premature to the Local Development Plan and to the Rural Allocations Plan, therefore being prejudicial to its’ outcome, due to the lack of opportunity for local residents to be involved in the normal plan-making consultation process; this development was not brought forward in partnership with the village. The proposal, if granted, should be supported as windfall development; two planning applications for a total of 63 dwellings have recently been refused in North Fambridge, which were considered within the category of windfall development. More suitable brownfield sites exist for development in the village, including a scrap yard, unused farm buildings, former industrial areas and large gardens, rather than using agricultural land. Size and scale of the proposal conflicts with Policy S7 Point 5 a) (Prosperous Rural Communities) of the submitted Local Development Plan which states that allocations will be of a scale which reflects both the size and character of the village concerned. Conflict with LDP Preferred Options Consultation 2012 Paragraphs 3.1.1 and 3.1.6 – new development must preserve and complement the existing character of the village.
Agenda Item no. 5 Page 80 / 147 Main reasons for Objection continued: Sustainability The application site is less sustainable than alternative sites in the settlement; alternatives are located closer to the railway station and outside areas of flood risk. Lack of facilities such as a post office, bank, dentist and leisure centre necessitate the use of a car. The lack of facilities risks the creation of a ‘ghost’ estate. The distance between the train station at South Woodham Ferrers, a centre of employment, and actual employment sites within that town, is significant, resulting in many people driving, for greater convenience.
Rate of growth The village currently has a population of c. 600 people (Officer note: 835 residents in the parish according to the 2011 census data). Over the past 70 years the village has grown slowly and at a rate which could be assimilated by the amenities in place; it should be allowed to grow organically rather than disproportionately. The proposed development scheme will increase the size of the village by one quarter, changing its’ character.
Design and layout The proposed design is out of keeping with the rural nature and current layout of the village and out of scale, size and design for the village; existing houses are on well-spaced plots; the proposed dwelling types will be out of keeping. Development to date has been infilling; this proposal is for backland behind existing dwellings. Proposed layout is in conflict with Maldon District Characterisation Assessment 2006 for Fambridge. The submission overestimates current building density by choosing quadrants which exclude gardens associated with dwellings being counted and by selecting the most dense parts of the village as sample areas. The proposal is therefore out of keeping with the character of the village. The proposal is more dense than the existing layout. The centre of the village is not necessarily the geographical centre. In N Fambridge, the heart of the village is the waterfront, which is also close to the main amenities for the village – the pub, village hall, church and marina. An excellent village community feeling and facilities already exist, without the need for additional facilities; the church hall and occasionally the pub hold community events. The village is linear in nature with stretches of open countryside; the proposal would seek to fill a gap which divides two character areas of the settlement; this proposal will alter that nature of development.
Agenda Item no. 5 Page 81 / 147 Main reasons for Objection continued: Detriment to amenity Detrimental effect on the amenity of neighbouring properties due to overshadowing, overlooking and overpowering. Quality of life in the village is likely to be affected, with increased pollution and a higher risk of anti-social behaviour and crime. Green amenities enabling the villagers to live a healthy life already exist in the village, contrary to that stated in the submission, with extensive public footpaths, playground, ball games area and community space.
Lack of demand No need or desire for this type of development. Lack of demand for housing in the village, indicated by properties being for sale long term at both ends of the housing market. Affordable housing: young people do not want to live in the village, partly due to a lack of facilities.
Commercial Proposed shops, offices and restaurants will not have the footfall required to sustain them; they will stand empty. Of existing commercial facilities, the following are of note in terms of viability: Convenience store at the marina – empty for 5 years Bar / restaurant at the marina – four proprietors in 5 years Kiosk at the railway station – available to let for 3 years Village pub – supported by locals but quiet in winter months Village shop closed due to lack of demand The proposed commercial facilities are not wanted; online shopping replaces the need for a shop. Very few employment opportunities exist in N Fambridge or immediate locality. Local light industrial units remain unoccupied due to the poor road links; the proposed provision of commercial floorspace is unsuitable and unsustainable.
Highway Safety The village is at a dead end. Improvement to the entrance junction into the village has been stated as not possible due to the lack of space for highway upgrade works. Some roads near the village are already subject to accident reduction measures Hazardous access onto the Lower Burnham Road out of the village, which is not a quiet rural road as stated in the submission. Additional housing proposed in Burnham-on-Crouch, Southminster, Latchingdon and North Fambridge will make the traffic situation deteriorate when trying to reach ‘A’ roads. The traffic survey in February did not allow for the measurement of seasonal trade to the two marinas and pub.
Agenda Item no. 5 Page 82 / 147 Main reasons for Objection continued: The traffic survey indicates a doubling of traffic where surveyed in the winter which, contrary to the submitted report, is a major impact, not a minor one. Road too narrow / accident blackspot area with recent fatalities. Lack of gas mains supply results in house fuel delivery being by oil tanker, which will increase significantly, with associated highway risks. The B road and lower classifications were never designed to accommodate this quantity of traffic. Inadequate quality of existing road surfaces. Strength of the road bridge to cope with additional traffic is questioned. The village 30mph speed limit is frequently exceeded, causing danger to others; the proposed 50mph signage would be wholly inadequate. Traffic congestion occurs already as a result of quantity of vehicles and cars parked on roadsides. Emergency services will have problems accessing the village with the increased traffic and inadequate roads. Lack of street lighting in the village creates risk to existing and proposed new residents. Lack of pavements. No dedicated cycle lanes. Additional risk for children as the access point to the development is opposite the playground. Few commercial vehicles go through the village; the building work would increase this significantly.
Public transport Inaccuracy of submitted report indicating train and bus service frequency; commuters drive to Wickford to catch the train for improved frequency, an unsustainable situation. Train travel is frequently disrupted and very overcrowded at peak times. High cost of rail services; the cost of train journeys to work in Central London is prohibitive, at over £4,000pa. Short railway platforms, and the inability to significantly increase them, prohibits expansion of the railway service via the use of additional carriages; the track is at capacity. The village does not have excellent public transport accessibility as stated in the application; the Dengie Dart 5 bus service is an on-demand taxi service run by a local taxi firm, at significant cost to the end user, and requiring two hours’ notice, which is unsuitable, particularly for those in affordable housing units. 71% of the village population currently use their car for journeys rather than trains. Journeys to centres of employment and shopping facilities in Maldon, Chelmsford, Basildon and South Woodham Ferrers are easiest undertaken by car.
Agenda Item no. 5 Page 83 / 147 Main reasons for Objection continued: Access to hospital services in Maldon, Chelmsford and Colchester are poor by public transport, requiring multiple changes, thus necessitating the use of a car or taxi service.
Flooding Paragraph 19 of the NPPF states that development should only be considered in Flood Zones 2 and 3 where there are no reasonable alternative sites in Flood Zone 1. The site subject of the application is often flooded in wet weather. Global warming indicates that within 80 years the village railway line will be under water. The ground water table is constantly high, making soakaways ineffective; additional housing will exacerbate the situation and gardens at properties adjacent to the proposed site already suffer from flooding. The area suffers from very poor drainage and a high water table; this has become more evident with the building of house extensions. Over the last 6 years there have been 3 severe flood warnings risking danger to life, in areas not designated as being in the flood plain. EA flood zone area maps are guidelines only, not definitive. Houses are uninsurable due to flood risk from the River Crouch; lenders would not therefore provide mortgages. The only exit road from the village goes through a flood zone, is liable to flooding, and has poor surface drainage. Ecological impact of flooding, being of detriment to the local wetland, marshes and riverside. No maintenance proposed for the sea wall until 2020, increasing the risk of flooding. This stretch of sea wall is lower than other sections of sea wall, so risk of flooding from exceptional high tides is very great.
Foul and surface water drainage The existing foul water drainage pipe network was installed in 1974 for 200 properties. Expansion of the village, link to the marina and this and other proposals will result in the network working at over 100% of capacity. The system was described as ‘not fit for purpose’ in the 1980’s. The sewerage system is recorded as having failed 12 times in 2012 due to pumping issues, despite being fitted with the maximum sized pump available. The August 2013 flooding to properties in N Fambridge was from surface water drainage, which equally cannot cope. There is constant pumping out at Hirtes Corner (Anglian Water’s Sewage Pumping Station at The Avenue (NFAASP)) due to failure of the existing sewerage system. Water recycling centre at Latchingdon unable to cope. There is an increasing problem of damp in properties in the village due to the problems with surface water drainage. Agenda Item no. 5 Page 84 / 147 Main reasons for Objection continued: Is the cost of upgrade of the foul water drainage network going to cover surface water as well? Additional housing will adversely affect surface water drainage and there will continue to be a risk of flooding even if a SUDS system is used. A new treatment plant could not discharge into the River Crouch and the only other waterway is a stream which runs through the village and is inappropriate for such discharge. Surface water drainage from the new development will attempt to exit via existing inadequate ditches, which will compromise the system even further. Numerous objections relating to the backing up of sewage in the drains. Foul and surface water drainage facilities are at full capacity, requiring multiple call-outs due to overflow; objectors state that if this or any other large development is approved, resulting in damage to property, the objectors will pursue legal action against the Council. Absence of details from the developer of funding for the required increase in capacity / unrealistic expectation of a developer, making the scheme unviable. Insufficient information about how surface and foul water drainage will be dealt with.
Environmental issues Detriment to the Crouch and Roach Estuaries Special Protection Area, the Ramsar site and Blue House Farm SSSI and Nature Reserve, the latter owned by Essex Wildlife Trust. Reduction of agricultural land results in a reduction of feeding areas for resident barn owls and bats. Ecological impact of an increase in footfall, of detriment to the local wetland, marshes and riverside.
Education The local schools are over-subscribed and the potential need to commute is not sustainable nor compatible, particularly with affordable housing, in terms of expense.
Health Local GP services are over-subscribed; there are no medical nor dental facilities in the village. The nearest hospital is 1.5-2 hours away by public transport. Some essential hospital services are further away in Colchester. Past traffic problems have impeded emergency service access; this situation could worsen. Risk of flooding results in consequent risk to health.
Mobile coverage and other utilities No reliable mobile or broadband coverage. The village is subject to frequent power cuts. Agenda Item no. 5 Page 85 / 147 Letters of Support: One letter of support has been received.
Main reasons for Support: Gives a chance to buy a first home via affordable housing. House sizes and prices in the village are not conducive to first time buyers. Provides an opportunity to raise a family in the village where brought up. The proposed village centre, shop and public open space is much needed. The village is well linked through quick trains to London and a short drive to Chelmsford or Lakeside.
7. Assessment of Proposal
Policy Issues
(i) Relevant Development Plan Policies Adopted Maldon District Replacement Local Plan The following policies are considered relevant to this application: S1 - Development Boundaries and New Development. S2 - Development Outside Development Boundaries. CON5 – Pollution Prevention. CC1 – Development affecting and internationally designated nature conservation site. CC2 – Development affecting a nationally designated nature conservation site. CC5 – Protection of Wildlife on Development Sites. CC6 - Landscape Protection. H1 – Location of New Housing. H9 – Affordable Housing. H10 – Rural Exception Sites. BE1 – Design of New Development. BE3 – Public and private amenity spaces. BE18 – Control of Development at a Site of Local Archaeological Value. REC3 – Children’s Play Space associated with new housing developments and elsewhere in the district. T1 – Sustainable Transport and Location of New Development. T2 – Transport Infrastructure in New Developments. T8 - Vehicle Parking Standards. PU1 – Provision of Educational Facilities.
(ii) Submitted Maldon District Local Development Plan The Maldon District Local Development Plan was submitted to the Secretary of State for Examination-in-Public on 25 April 2014. The Council is seeking to progress the Examination-in-Public process as quickly as possible in order to adopt the Plan at the earliest possible opportunity. The Local Development Plan (incorporating minor Agenda Item no. 5 Page 86 / 147 modifications) and associated evidence base as submitted to the Secretary of State is a material consideration in the determination of planning applications. The following policies are considered relevant to this application: S1 – Sustainable Development. S5 – Settlement Hierarchy and Boundaries. S7 – Prosperous Rural Communities. S8 – Settlement Boundaries and the Countryside. D1 – Design and Quality and Built Environment. D2 – Climate Change and Environmental Impact of New Development. D4 - Renewable Energy and Low Carbon Energy Generation. D5 - Flood Risk and Coastal Management. E1 – Employment. E3 – Community Services and Facilities. H1 – Affordable Housing. H2 - Housing Mix. H4 – Effective Use of Land. N1 - Green Infrastructure Network. N2 - Natural Environment and Biodiversity. N3 – Open Space, Sport and Leisure. T1 – Sustainable Transport. T2 – Accessibility. I1 – Infrastructure and Services.
(iii) Government Guidance The National Planning Policy Framework (NPPF).
7.1 Principle of Development
7.1.1 The submitted Maldon District Local Development Plan (LDP) targets around 3,500 new homes for Maldon and Heybridge and 450 homes for Burnham-on-Crouch. These homes are to be located on strategic allocations and new Garden Suburbs over the 15 years of the LDP, with around 330 homes on windfall sites across the district in the plan period. There is no provision for strategic housing allocations at North Fambridge.
7.1.2 North Fambridge is noted as a “smaller village” within emerging policy S8 of the LDP; it is defined as a settlement containing few or no services and facilities, with limited or no access to public transport, very limited or no employment opportunities.
7.1.3 The rural allocation strategy is not in favour of a development of circa 75 homes as proposed. The Development Plan Document (DPD) envisages 345 homes over the whole district in the fifteen year lifetime of the emerging local plan. Such a large single development proposal in the village may be considered to prejudice the aims of the DPD, which seeks to provide a sustainable spread of development over the remaining settlements in the district over the lifetime of the plan.
Agenda Item no. 5 Page 87 / 147 7.1.4 However, the Council is currently unable to demonstrate an adequate five year supply of deliverable housing land to meet its objectively assessed needs. The latest objectively assessed housing requirement for the District indicates that the Council will need to deliver 294 dwelling units per annum from 2013/14. This target is not being met; the Council can only demonstrate 1.8 years of housing supply against its identified five-year requirement. The number of net completions in 2013/14 total 74 units; projected completions in 2014/15 are 99 units and in 2015/16, 88 units.
7.1.5 Further, prior to the production of the DPD, proposed for adoption in 2016, decisions on planning proposals should not be based on their conformity with the principles for inclusion in the DPD, but rather the appropriateness of the development as a whole.
7.1.6 Paragraph 14 of the National Planning Policy Framework (NPPF), advises that this means approving development proposals that accord with the development plan without delay, but where the development plan is absent or silent, or relevant policies are out of date, permission should be granted unless any adverse impacts of doing so significantly and demonstrably outweigh the benefits.
7.1.7 As such, the fact that this site is not a strategic allocation within the submitted Local Development Plan cannot, at this stage of its progress to adoption, be proposed as a principle reason for refusal.
7.2 Prematurity
7.2.1 The National Planning Policy Guidance (NPPG) states that, although emerging plans gain weight during the plan-making process, in the context of the NPPF, any argument that an application is premature is unlikely to justify a refusal of planning permission other than in exceptional circumstances. Such circumstances are likely to be limited to circumstances where both:
I. The development proposed is so substantial, or its cumulative effect would be so significant, that to grant permission would undermine the plan-making process by predetermining decisions about the scale, location or phasing of new development that are central to an emerging Local Plan or neighbourhood plan; and II. The emerging plan is at an advanced stage but has not yet been adopted (or, in the case of a neighbourhood plan, been made).
7.2.2 Where planning permission is refused on grounds of prematurity, the local planning authority will need to indicate clearly how the grant of permission for the development concerned would prejudice the outcome of the plan-making process.
7.2.3 It is considered that, in view of the fact that the proposal fulfils an identified shortfall, the case of prematurity and prejudice to the outcome of the LDP process cannot be substantiated.
7.3 Sustainability
7.3.1 The NPPF states, in Paragraph 49, that there should be a presumption in favour of sustainable development. Notwithstanding the considerations as contained in that paragraph, there may be times where there are site specific or scheme specific reasons
Agenda Item no. 5 Page 88 / 147 for refusal. However, it does mean that planning applications submitted for land which is unallocated or located outside defined settlement boundaries could no longer be refused on those grounds alone.
7.3.2 In judging whether a residential scheme should be granted, it is necessary to set out the weight attributed to the planning benefits which the proposal offers in making up the current housing land supply shortfall (with reasons), against the harm identified (if any) arising from the proposed development.
7.3.3 It is necessary to assess whether the proposed development is ‘sustainable development’ as defined in the NPPF. If the site is considered sustainable then the NPPF’s ‘presumption in favour of sustainable development’ applies.
7.3.4 The NPPF defines three dimensions to sustainable development. These are the economic, social and environmental roles. The submitted LDP, through the pre- amble to Policy S1, re-iterates the requirements of the NPPF; there are no specific policies on sustainability in the Council’s current Local Plan.
7.3.5 Policy S2 of the current Local Plan and emerging Policy S8 of the LDP provide the strategic position for the District through defined development boundaries for villages / urban areas within the District and seeks to protect areas outside of defined development boundaries from new development in the interests of protecting the countryside and coastal landscapes of the District. However Policy S2 has been assessed against the NPPF and is not considered to be fully compliant with it, because the Council cannot demonstrate the required up-to-date five year supply of deliverable housing, as stated above, and due to the fact that this site, although being outside of a defined development boundary, could be judged to be ‘sustainable development’ through the three dimension tests of the NPPF. Emerging Policy S8 cannot be supported as a sole reason for refusal, as detailed above.
7.6 Village centre
7.6.1 The NPPF encourages the planning system to promote mixed-use developments (Paragraph 17). It also places great importance on securing sustainable developments that make it easier for jobs to be created in villages (Paragraph 9). Indeed it specifically states that planning policies should support economic growth in rural areas in order to create jobs and prosperity (Paragraphs 28 and 70).
7.7 Job creation
7.7.1 The NPPF is committed to securing economic growth in order to create jobs and prosperity in rural areas (Paragraphs 18 and 28).
7.7.2 The proposed scheme includes provision for up to 1,000 sq m of flexible commercial and community space within use classes A1, A2, A3, B1, D1, and D2. Based on the Homes and Communities Agency’s employment densities guide, this level of floorspace could generate between 55 and 100 full time equivalent jobs. This level of employment growth could result in this development having an approximate 1:1 home to jobs ratio.
Agenda Item no. 5 Page 89 / 147 7.8 Amenity Space and Green Infrastructure
7.8.1 The Green Infrastructure Study (2011) identifies that there is an under provision of public parks and amenity spaces in North Fambridge.
7.8.2 Whilst the application site is currently a green buffer between the two distinct developed areas of the village, it is more rural in nature than on the opposite side of the road, at Fleet Farm, where formal landscaping and enclosures diminish the benefit of a natural, rural buffer.
7.8.3 It is proposed that site will include a substantial belt of woodland to the western side, providing a visual buffer to the open countryside.
7.9 Design and Impact on the Character of the Area
7.9.1 The NPPF states that:
“The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people”
7.9.2 The application is outline in nature, with all matters reserved for future consideration. The applicant has provided three indicative layouts, all showing the land for a village green at the front of the site, within the flood zone 2 and 3 designations.
7.9.3 There are a number of properties along The Avenue that back on to the development site. These dwellings have gardens that generally extend to the rear by approximately 25 to 30 metres. The Council has a minimum 25 metre back-to-back requirement.
7.9.4 There are no significant long distance views into the site. There are no views from the River Crouch and there are only glimpses of the site from elevated land. The main views into the site are from Fambridge Road, albeit this is well screened in the summer, and from the rear of the existing dwellings that bound this land on Fambridge Road and The Avenue.
7.10 Protection of the adjoining Special Protection Area / SSSI / Nature Reserve
7.10.1 The application site lies within close proximity of a site for overwintering birds which has the highest level of international protection and is therefore at the highest level of sensitivity. The principle concern with this protected area relates to the potential for dogs, walkers and other human activity to disrupt their feeding grounds, and the cumulative impact on the overwintering grounds of additional dogs and walkers as a direct result of the proposed development. This is compounded by the existence of a public footpath across land which is the preferred feeding ground for the overwintering birds, particularly in severe weather conditions. A Habitat Regulation Assessment is being prepared by the Council’s Ecologist, for approval by Natural England and a second, more detailed assessment will be required prior to the determination of any application for the approval of reserved matters. An update will be provided to your Committee as required.
Agenda Item no. 5 Page 90 / 147 7.10.2 Mitigation measures have been proposed by the Council’s Ecologist and agreed to, as part of the S106, by the agent for the application. Furthermore, due to the sensitivity of the adjoining site, Natural England will be the approval body, in conjunction with Essex Wildlife Trust and the District’s Ecologist, for each proposed requirement prior to implementation.
7.11 Developer Contributions
7.11.1 For applying planning obligations paragraph 204 of the NPPF advises that:
‘Planning obligations should only be sought where they meet all of the following tests: Necessary to make the development acceptable in planning terms; Directly related to the development; and Fairly and reasonably related in scale and kind to the development’.
7.11.2 The fundamental principle that planning permission may not be bought or sold and that planning obligations must only be sought to make acceptable development which would otherwise be unacceptable in planning terms is a core concept within the planning system. With regard to the planning obligations test any consideration of matters beyond these requirements cannot be achieved as they would fail to meet these required legal tests.
7.11.3 Further details of the developer contributions required are shown in the Recommendation below. The agent has indicated that they are willing to enter into a S.106 agreement to meet the obligations requested.
7.12 Conclusion
7.12.1 The proposal is not an allocated site within the submitted Maldon District Local Development Plan 2014-2029. However, for the reasons stated above surrounding the principle of the development in the context of: The emerging plan The lack of a five year housing land supply Prematurity, and Sustainability and in the light of independent legal advice taken on these matters, the Council cannot refuse the application on these grounds.
7.12.2 No objections to the proposal have been raised by consultees.
7.12.3 The application is therefore recommended for approval.
Recommendation
APPROVE subject to the applicant entering into a legal agreement pursuant to section 106 of the Town and Country Planning Act 1990 (as amended) to require the following planning obligations: Prior to first occupation of any dwelling, the Developer shall be responsible for the provision and implementation of a Residential Travel Plan including the payment of a
Agenda Item no. 5 Page 91 / 147 £3,000 (three thousand pounds) monitoring fee to ECC and the provision of a Travel Plan Co-ordinator to give advice. The plan is to be monitored annually, with all measures reviewed to ensure targets are met.
Prior to first occupation of the proposed development, the Developer shall be responsible for the provision and implementation of a Residential Travel Information Pack, which shall include the provision of vouchers for one 7 day rail pass per dwelling from Abellio Greater Anglia, within Essex or to London Liverpool Street as a maximum distance / cost, with details to be agreed by Essex County Council.
A contribution towards primary and secondary school transport costs. For information purposes only, should the final development result in the suggested net increase of 75 houses with two or more bedrooms, the school transport sum would be £232,537.50. This amount would be index linked to April 2014 costs.
Details of a commuted sum for the maintenance of the areas proposed below, and identification of who shall be responsible for the maintenance of these areas. Provision for the implementation and management of 1.8ha of village green. Management of areas proposed as green infrastructure, including perimeter vegetation and the proposed woodland buffer to the western boundary, to be implemented and maintained as amenity areas. Provision for the implementation and management of areas proposed for play space.
Details of a commuted sum for the following proposed works of ecological mitigation: The production and printing costs of information leaflets detailing the importance of the designated Special Protection Area (SPA) and nature reserve, the potential harmful impact of dog walking and the request to use alternative routes during the winter feeding season in particular. These are to be circulated to existing and new residents, with additional copies being printed for the Blue House Farm warden for distribution, as required. The production and installation of additional interpretation boards and information signs within the designated SPA and nature reserve, to inform and seek to restrict access within the site. The provision of alternative recreational spaces on site, broadly as proposed in the submitted application. Improvements to the existing parish field / playground, to include additional seating and dog bins, in consultation with North Fambridge Parish Council (the latter is subject to there being no restriction on dog walkers within the playground). The construction of a fence, extending approximately 300 metres alongside FP13 within the SPA, to contain walkers within the public footpath and to prevent straying onto important winter feeding grounds adjacent to the public footpath. The provision and maintenance of additional recreational paths at the following locations, to enable dog walkers to use alternative circular routes
Agenda Item no. 5 Page 92 / 147 away from the Special Protection Area, thus enabling protection of this sensitive area, to include the following:
(i) The application site boundaries and within on-site buffer zones. (ii) Within the land edged blue. (iii) Links to the existing network of footpaths to the west of the application site.
Such paths would include the provision of easy access / egress gates, rather than stiles, for users Monthly monitoring during the overwintering period, for 5 years after the completion and occupation of the development, of the following:
(i) Bird numbers and species and their location within the SPA and nature reserve. (ii) Recreational usage of footpaths throughout the site and the patterns of distribution.
30% affordable housing to meet the requirements of the emerging Local Development Plan 2014 – 2029 in line with the recommendations of Strategic Housing. Gross costs of the affordable units (rent/service charge etc.) are to be within Maldon District Council's Strategic Tenancy Strategy guidelines and delivered by a Registered Provider who are recognised and regulated by the Homes and Communities Agency and eligible for funding from the Homes and Communities Agency. The Affordable Scheme detailing tenure, costs and allocation of affordable units, is to be agreed by Maldon District Council's Housing Department as part of the Section 106 Agreement.
A developer contribution of £19,720 to mitigate the ‘capital cost’ to NHS England for the provision of additional healthcare services arising directly as a result of the development proposal.
And subject to the following planning conditions: 1 The development shall be carried out in accordance with plans and particulars relating to the access, landscaping, appearance, layout and scale, (hereinafter called "the reserved matters"), for which approval shall be obtained from the local planning authority in writing before any development is begun. The development shall be carried out fully in accordance with the details as approved. REASON: The application as submitted does not give particulars sufficient for consideration of the reserved matters. 2 Application for the 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 the requirements of Section 92 of the Town & Country Planning Act 1990 (as amended). 3 The development hereby permitted shall be begun within two years from the date of the final approval of the reserved matters. The development shall be carried out as approved. REASON: To comply with the requirements of Section 92 of the Town & Country Planning Act 1990 (as amended).
Agenda Item no. 5 Page 93 / 147 4 The development through the reserved matters application shall accord with the details stated within the Design and Access Statement, unless otherwise agreed in writing by the local planning authority. REASON: To ensure the development is appropriate to the locality in accordance with policy BE1 of the adopted Maldon District Replacement Local Plan and Policy D1 of the submitted Maldon District Local Development Plan. 5 No development shall take place until written details or samples of all materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority. The development shall be carried out using the materials and details as approved. REASON: To ensure the external appearance of the development is appropriate to the locality in accordance with policy BE1 of the adopted Maldon District Replacement Local Plan and Policy D1 of the submitted Maldon District Local Development Plan. 6 No development shall commence until details of the siting, height, design and materials of the treatment of all boundaries including gates, fences, walls, railings and piers have been submitted to and approved in writing by the local planning authority. The screening as approved shall be constructed prior to the first use/occupation of the development to which it relates and be retained as such thereafter. REASON: In order to safeguard the amenities of future occupiers of the dwellings in accordance with policy BE1 of the adopted Maldon District Replacement Local Plan and Policy D1 of the submitted Maldon District Local Development Plan. 7 The landscaping details referred to in Condition 1 shall provide full details and specifications of both hard and soft landscape works which shall be submitted to and approved in writing by the local planning authority. Such details shall be submitted concurrently with the other reserved matters. These landscaping details shall include the layout of the hard landscaped areas with the materials and finishes to be used together with details of the means of enclosure, car parking layout, vehicle and pedestrian accesses. The details of the soft landscape works shall include schedules of shrubs and trees to be planted, noting the species, stock size, proposed numbers/densities and details of the planting scheme’s implementation, aftercare and maintenance programme. The hard landscape works shall be carried out as approved prior to the beneficial occupation of the development hereby approved unless otherwise first agreed in writing by the local planning authority. The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the commencement of the development, unless otherwise first agreed in writing by the local planning authority. If within a period of five years from the date of the planting of any tree or plant that tree or plant, or any tree or plant planted in its replacement, is removed, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree or plant of the same species and size as that originally planted shall be planted in the same place, unless the local planning authority gives its written consent to any variation. REASON: To secure appropriate landscaping of the site in the interests of visual amenity and the character of the area in accordance with policies BE1, CC6 and CC7 of the adopted Maldon District Replacement Local Plan and Policies D1, N1 and N2 of the submitted Maldon District Local Development Plan. 8 No trees within the site shall be felled, cut back, damaged or removed, unless as shown on the approved plans or as otherwise first agreed in writing with the local planning authority. No development shall commence until information has been submitted and approved in writing by the Local Planning Authority in accordance
Agenda Item no. 5 Page 94 / 147 with the requirements of BS5837:2012 in relation to tree retention and protection as follows: Tree survey detailing works required; Trees to be retained; Tree retention protection plan; Tree constraints plan; Arboricultural implication assessment; Arboricultural method statement (including drainage service runs and construction of hard surfaces).
No development shall commence until fencing and ground protection to protect the trees shall be erected, details to be submitted and approved as per BS5837:2012, and ground protection has been erected, details of which shall have been submitted to the local planning authority for written approval. The ground protection shall be laid as per the Landscape and Arboriculture Assessment in accordance with British Standard BS5837:2012 (Trees in relation to construction) unless otherwise agreed in writing. The protective fencing and ground protection shall be erected before the commencement of any clearing, demolition and building operations and shall be retained until all equipment, machinery and surplus materials have been removed from the site. If within five years from the completion of the development an existing tree is removed, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, a replacement tree shall be planted within the site of such species and size and shall be planted at such time, as specified in writing by the local planning authority. REASON:To protect existing landscaping on the site in the interests of visual amenity and the character of the area in accordance with policies BE1, CC6 and CC7 of the adopted Maldon District Replacement Local Plan and Policies D1, N1 and N2 of the submitted Maldon District Local Development Plan. 9 No hedges within the site shall be removed, cut back in any way, or damaged, except as shown on the approved plans or otherwise as first agreed in writing with the local planning authority. No development shall commence until fencing/ground protection to protect the hedges/shrubs to be retained has been erected in accordance with BS5837:2012, details of which shall have been submitted to the local planning authority for written approval. The ground protection shall be laid as per the Landscape and Arboriculture Assessment in accordance with British Standard 5837:2012 (Trees in relation to construction) unless otherwise agreed in writing. The protective fencing shall be erected before the commencement of any clearing, demolition and building operations and shall be retained until all equipment, machinery and surplus materials have been removed from the site. The protective fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Within the fenced protection zone nothing shall be stored or placed, no fires lit, no vehicle shall gain access, ground levels shall not be altered, no excavation shall be made and no structure shall be erected, unless otherwise first agreed in writing with the local planning authority. If within five years from the completion of the development a retained shrub or hedge is removed, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, a replacement shrub or hedge shall be planted within the site of such species and size and shall be planted at such time, as specified in writing by the local planning authority.
Agenda Item no. 5 Page 95 / 147 REASON: To protect existing landscaping on the site in the interests of visual amenity and the character of the area in accordance with policies BE1, CC6 and CC7 of the adopted Maldon District Replacement Local Plan and Policies D1, N1 and N2 of the submitted Maldon District Local Development Plan. 10 The development shall be undertaken in accordance with the terms and specifications contained within the Ecology Reports which are attached to and forms part of this permission: Extended Phase 1 Habitat Survey ref MH234 dated 5 February 2014 and additional letter dated 14th May 2014, reference MH234-01, both by T4 Ecology Ltd, unless otherwise agreed in writing by the local planning authority. REASON: To protect and enhance the existing ecological assets on the site in the interests or visual amenity and the character of the area, in accordance with policies BE1, CC6 and CC7 of the adopted Maldon District Replacement Local Plan and Policies D1, N1 and N2 of the submitted Maldon District Local Development Plan. 11 No development shall take place until full details and specifications of a surface water drainage scheme within the site, based on sustainable drainage principles and an assessment of the hydrological and hydro-geological context of the development, have been submitted to and approved in writing by the Local Planning Authority. Such details shall be submitted concurrently with the other reserved matters. The drainage scheme should demonstrate the surface water run-off generated up to and including the one in 100 year critical storm will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The agreed scheme shall be implemented prior to the first occupation of the development. REASON: To ensure the incorporation of an appropriate drainage scheme to prevent the increased risk of flooding, both on and off the site in accordance with policy CON5 of the adopted Maldon District Replacement Local Plan, Policy D2 of the submitted Maldon District Local Development Plan and the guidance within the National Planning Policy Framework. 12 No development shall commence until details of who shall be responsible for the maintenance of the surface water drainage system in perpetuity have been submitted to and approved in writing by the Local Planning Authority. The management of the surface water drainage system shall accord with the approved details thereafter. REASON: In order to ensure that adequate measures are in place to manage the surface water drainage system in the future and to prevent flooding in accordance with policy CON5 of the Maldon District Replacement Local Plan, Policy D2 of the submitted Maldon District Local Development Plan and the guidance within the National Planning Policy Framework. 13 No development approved by this permission shall be commenced until a scheme for the improvement of the existing foul and surface water drainage system has been submitted to and approved in writing by the local planning authority. The scheme needs to set out the phasing of the development in terms of dwellings built and occupied alongside the foul and surface water system improvements needed. The scheme shall be implemented as approved. No occupation of dwellings approved by this permission shall occur until each phase of the scheme for improvement of the existing foul and surface water drainage system has been completed and confirmation obtained of available permitted capacity in the network and at the treatment works. REASON: To ensure an adequate method of foul water disposal with no deterioration in water quality or harm to the water environment or general amenity arising from flooding, in accordance with policy CON5 of the Maldon District Replacement Local Plan and Policies D2 and H4 of the submitted Maldon District Local Development Plan.
Agenda Item no. 5 Page 96 / 147 14 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 the following all clear of the highway: construction site access details the parking of vehicles of site operatives and visitors loading and unloading of plant and materials storage of plant and materials used in constructing the development wheel and underbody washing facilities measures to prevent the tracking out of mud and debris onto the highway REASON: To protect the amenity of existing residents and to ensure that on-street parking of these vehicles in the adjoining streets does not occur and that loose materials and spoil are not brought out onto the highway in the interests of highway safety, in accordance with Policy BE1 of the Maldon District Replacement Local Plan and Policy H4 of the submitted Maldon District Local Development Plan. 15 Prior to commencement of the development, the road junction at its centre line shall be provided with a clear to ground visibility splay with dimensions of 2.4 metres by 70 metres to the north and 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 in accordance with policies T1, T2 and T8 of the adopted Maldon District Replacement Local Plan, Policy T2 of the submitted Maldon District Local Development Plan. 16 The internal roads and footways within the development shall be constructed in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. Such details shall accord with the construction types as set out in the Essex Design Guide, adopted November 2005. REASON: To ensure roads/footways are constructed to an acceptable standard, in the interests of highway safety, in accordance with Policies BE1 and T2 of the adopted Maldon District Replacement Local Plan and Policies D1 and T2 of the submitted Maldon District Local Development Plan. 17 The number of parking spaces and how these are laid out (including dimensions) shall be in accordance with the parking Standards Design and Good Practice Guide Supplementary Planning Guidance Document September 2009 unless otherwise agreed by the Local Planning Authority. This applies to all vehicular parking spaces including disabled requirements together with cycle parking and facilities for powered two wheelers and garages that are considered as parking spaces. REASON: In the interests of highway safety, efficiency and accessibility in accordance with policies T1, T2 and T8 of the adopted Maldon District Replacement Local Plan, Policy T2 of the submitted Maldon District Local Development Plan and the adopted Maldon District Vehicle Parking Standards. 18 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.
Agenda Item no. 5 Page 97 / 147 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 in accordance with policies T1, T2 and T8 of the adopted Maldon District Replacement Local Plan, Policy T2 of the submitted Maldon District Local Development Plan. 19 Prior to the commencement of the development detailed drawings showing the finished ground and finished floor levels of the development in relation to the levels of the surrounding area shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the scheme as approved. REASON: In order to protect the visual amenity of the area and to safeguard the residential amenity of adjacent occupiers, in accordance with policy BE1 of the Maldon District Replacement Local Plan and Policy D1 of the submitted Maldon District Local Development Plan. 20 No development shall commence until details have been submitted to and approved in writing by the local planning authority of an on-site Construction Management Plan detailing: Phasing of the development. Times during which all construction activities will take place. Measures to manage noise and dust emissions during construction. Protective fencing to secure the site.
All approved measures shall be put in place prior to development commencing on site and all subsequent construction of the development shall be implemented in accordance with the approved details, unless otherwise agreed in writing by the local planning authority. REASON: In the interests of protecting the amenities of adjacent occupiers during construction, having regard to policy BE1 of the Maldon District Replacement Local Plan and Policy D1 of the submitted Maldon District Local Development Plan. 21 No development shall commence until a lighting strategy for the development, including the details of any street lights, has been submitted to and approved in writing by the local planning authority. The approved arrangements shall be implemented prior to the first occupation of the development and retained in accordance with the approved scheme unless otherwise agreed in writing by the local planning authority. REASON: In the interests of visual amenity, the neighbouring rural countryside and highway safety in accordance with policies BE1 and BE8 of the adopted Maldon District Replacement Local Plan. 22 Prior to the commencement of the development, including any clearance works, a comprehensive Reptile Mitigation Strategy shall be submitted to, and approved in writing by, the local planning authority. The development shall be carried out and completed in accordance with the approved mitigation scheme. REASON: To ensure the conservation interests identified in the report are satisfactorily protected in accordance with policy CC5 of the adopted Maldon District Replacement Local Plan and Policy N2 of the submitted Maldon District Local Development Plan. 23 No development including any site clearance or groundworks of any kind shall take place within the site until the applicant or their agents; the owner of the site or successors in title has submitted an archaeological assessment by an accredited archaeological consultant to establish the archaeological significance of the site. Such archaeological assessment shall be approved by the local planning authority and will Agenda Item no. 5 Page 98 / 147 inform the implementation of a programme of archaeological work. The development shall be carried out in a manner that accommodates such approved programme of archaeological work. REASON: To protect the site, which is of archaeological interest, in accordance with policy BE17 of the adopted Maldon District Replacement Local Plan and Policy D3 of the submitted Maldon District Local Development Plan. 24 No development including any site clearance or groundworks of any kind shall take place within the site until the applicant or their agents; the owner of the site or successors in title has secured the implementation of a programme of archaeological work from an accredited archaeological contractor in accordance with a written scheme of investigation which has been submitted to and approved in writing by the local planning authority. The development shall be carried out in a manner that accommodates the approved programme of archaeological work. REASON: To protect the site, which is of archaeological interest, in accordance with policy BE17 of the adopted Maldon District Replacement Local Plan and Policy D3 of the submitted Maldon District Local Development Plan. 25 Notwithstanding the details submitted with this application, no development shall commence until an investigation and risk assessment has been submitted to and approved in writing by the Local Planning Authority. The risk assessment shall assess the nature and extent of any contamination on the site, whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include:
(i) a survey of extent, scale and nature of contamination;
(ii) an assessment of the potential risks to:
Human health, Property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, Adjoining land, Groundwaters and surface waters, Ecological systems Archaeological sites and ancient monuments; (iii) An appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'. The development hereby permitted shall not commence until the measures set out in the approved report have been implemented. REASON: There is the potential for the contamination of the site given past use. This needs to be assessed prior to the commencement of any development and the site appropriately mediated in order that it can be safely developed in accordance with policies CON5 and CON6 of the adopted Maldon District Replacement Local Plan, Policies D1 and H4 of the submitted Maldon District Local Development Plan 2014- 2029 and the guidance in the National Planning Policy Framework. 26 No development shall commence until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historic environment has been submitted to and approved in writing by the Local Planning Authority. The scheme Agenda Item no. 5 Page 99 / 147 must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. The development hereby permitted shall not commence until the measures set out in the approved scheme have been implemented, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.
Following completion of measures identified in the approved remediation scheme, a verification report (validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. REASON: There is the potential for the contamination of the site given past use. This needs to be assessed prior to the commencement of any development and the site appropriately mediated in order that it can be safely developed in accordance with policies CON5 and CON6 of the adopted Maldon District Replacement Local Plan, Policies D1 and H4 of the submitted Maldon District Local Development Plan 2014-2029 and the guidance in the National Planning Policy Framework. 27 The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.
Following completion of measures identified in the approved remediation scheme, a verification report (validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. REASON: To prevent the undue contamination of the site in accordance with policies CON5 and CON6 of the adopted Maldon District Replacement Local Plan, Policies D1 and H4 of the submitted Maldon District Local Development Plan 2014-2029 and the guidance in the National Planning Policy Framework. 28 In the event that contamination is found at any time when carrying out the approved development that was not previously identified, it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 25, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 26, which is subject to the approval in writing of the Local Planning Authority.
Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 26. REASON: There is the potential for the contamination of the site given past use. This needs to be assessed prior to the commencement of any development and the site appropriately mediated in order that it can be safely developed in accordance with policies CON5 and CON6 of the adopted Maldon District Replacement Local Plan, Policies D1 and H4 of the submitted Maldon District Local Development Plan 2014- 2029 and the guidance in the National Planning Policy Framework.
Agenda Item no. 5 Page 100 / 147 INFORMATIVES
Essex County Council (Highway Authority): i) All work within or affecting the highway is to be laid out and constructed by prior arrangement with, and to the requirements and satisfaction of, the Highway Authority, details to be agreed before the commencement of works. The applicants should be advised to contact the Development Management Team by email at [email protected] or by post to: SMO2 - Essex Highways, Springfield Highways Depot, Colchester Road, Chelmsford. CM2 5PU.
ii) The Highway Authority cannot accept any liability for costs associated with a developer’s improvement. This includes design check safety audits, site supervision, commuted sums for maintenance and any potential claims under Part 1 and Part 2 of the Land Compensation Act 1973. To protect the Highway Authority against such compensation claims a cash deposit or bond may be required.
Anglian Water: Assets Affected Our records show that there are no assets owned by Anglian Water or those subject to an adoption agreement within the development site boundary.
Wastewater Treatment The foul drainage from this development is in the catchment of Latchingdon Water Recycling Centre (WRC) that does not currently have capacity to accept these flows. However, an alternative WRC at South Woodham Ferrers does have capacity to accept these flows and therefore this would be the recommended WRC to be used.
Foul Sewerage Network Development will lead to an unacceptable risk of flooding downstream and mitigation in the form of upgrades to the network will be required. The drainage strategy for the site should cover the procurement of the improvement works.
Landscaping: In connection with conditions in this planning permission, Arboricultural Practice Note No.12 [‘Through Trees to Development’ published by The Arboricultural Advisory and Information Service] also provides information and guidance on development within the root protection area of a tree.
Environmental Health: Due to lack of site plan and design i.e. housing layout and roads we are unable to comment with regard to its appropriateness for waste collection. We request a meeting with the developer before these plans are finalised. Please see the basic principles below:
Agenda Item no. 5 Page 101 / 147 Conventional housing Suitable access to development to accommodate RCVs Sufficient turning areas for RCVs Road surface suitable to take RCVs up to 28 tonnes, constructed to standard highways specification No private roads - all to be adopted Storage areas for refuse and recycling facilities within the boundary of each property Vehicle should be able to pass close to boundary of property where refuse and recycling will be placed
Flats Blocks of flats require communal storage areas of sufficient capacity for refuse and recycling containers, No steps, dropped kerbs, Hard surface, accessible to roadside. Bins can be dragged a short distance.
Archaeology: The archaeological work will comprise trial-trenching of the proposed development area, followed by full excavation if archaeological features are identified by the trial-trenching. All fieldwork should be conducted by a professional recognised archaeological contractor in accordance with a brief issued by Essex County Council. Contact Maria Medlycott, Historic Environment Officer: Telephone: 03330-136853 Email: [email protected]
Coast and Countryside Officer:
Mitigation of the effect of the lighting scheme on bats A sensitive lighting scheme should be designed and implemented to ensure that excessive light does not fall on features used by bats, in particular the existing boundary features. Lighting to the northern and western boundaries should be kept to a minimum. Suitable bat roost features should also be included within the development design, and bat boxes should be placed on suitable trees within the site.
Boundary hedgerow planting The landscaping scheme should include new hedgerow planting of appropriate native tree and shrub species along the northern and western boundaries of the proposed development.
Ecological enhancement In seeking to comply with Condition 10 of this permission, the scheme provides an opportunity to deliver a range of small, low cost ecological enhancements providing long term benefits for local wildlife populations, including birds, reptiles, bats and hedgehogs. Such details are to be provided with the submission of an application for the approval of reserved matters.
Essex County Council - Sustainable Drainage Systems (SuDS) Standing Advice Note: Essex County Council will become a SuDS Approval Body (SAB) by the enactment of Schedule 3 of the Flood and Water Management Act 2010, which is likely to be from October 2014. This means that all new development which has surface water drainage implications will potentially require SAB approval and need to conform to
Agenda Item no. 5 Page 102 / 147 National and Local Standards. DEFRA have carried out an initial consultation on the process for gaining SuDS approval and applicants for planning permission should be made aware that:
i) The National Standards should be followed wherever possible when designing SuDS to increase the likelihood that the SAB can adopt them in the future.
ii) Essex County Council is developing Local Standards through its SuDS Design and Adoption Guide (latest version available at www.essex.gov.uk/flooding) which should be followed wherever possible when designing SuDS to increase the likelihood that the SAB can adopt them in the future.
iii) Developments with existing planning permission, with one or more reserved matters or where a valid planning application exists before enactment of Schedule 3 (likely July 2014) will not require SuDS approval during the first 12 months (up to July 2015) but following this date must obtain SuDS approval prior to commencement of development.
For further information and enquiries, please contact Essex County Council’s SuDS team at [email protected] or telephone 01245 437138/437062.
POSITIVE AND PROACTIVE STATEMENT Town and Country Planning (Development Management Procedure) (England) (Amendment No.2) Order 2012 - Positive and Proactive Statement: The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.
Agenda Item no. 5 Page 103 / 147 Agenda Item no. 5 Page 104 / 147 NW3 Application Number HOUSE/MAL/14/00437 Location Tyndales Southend Road Woodham Mortimer Essex Proposal Single storey side extension to existing Grade II listed detached dwelling. Applicant Mr Stuart & Mrs Louise Middleton Agent Mr Mark Crocker Date Valid 9 May 2014 Target Date 4 July 2014 Case Officer Anne Cook, TEL: 01621 875822 Parish WOODHAM MORTIMER
1. Introduction
1.1 This application has been brought to the North Western Area Committee as Officers have a view contrary to that of Woodham Mortimer Parish Council.
2. Site Description
2.1 The site is within the settlement of Woodham Mortimer and is located on the north side of Southend Road. The site is occupied by a substantial Grade II listed building that dates from the early seventeenth century. A lean-to was added to the rear elevation during the late Georgian period and two extensions were added to the eastern end during the late twentieth century. The existing extensions have caused minimal harm to the special character of the historic building and several early seventeenth century features of interest have been retained.
3. The Proposal
3.1 The proposal seeks to construct a single storey side extension to the west elevation to accommodate a kitchen and lobby/utility room and is similar in scale to applications approved in 2003 (LBC/MAL/03/00498 & FUL/MAL/03/00497).
3.2 The proposal also seeks to create one new opening in an existing external wall that will become an internal wall.
3.3 The proposed extension would extend from the side of the property by 4.72m and would measure 6.52m deep with an overall floorspace of 30.71m2. The proposal incorporates a parapet roof measuring 3.6m in height.
3.4 A sash window is proposed at the front and rear elevation and a single door is proposed to the side elevation.
3.5 The proposed materials are to match existing where applicable.
Agenda Item no. 5 Page 105 / 147 4. Relevant Planning History 03/00497/FUL - Single storey side extension. Approved 17/06/2003 (not implemented). 03/00498/LBC - Single storey side extension. Approved 17/06/2003 (not implemented). 08/01134/LBC - Refurbishment of bathroom. GLB 08/12/2008. 08/01145/LBC - Install underfloor heating to entrance hall. Approved 16/12/2008. 11/00929/LBC - Retrospective application for partition wall with doorway in new extension to create 2 separate rooms. GLB 20/12/2011. 13/01015/HOUSE & 13/01018/LBC - Single storey side extension to existing Grade II listed detached dwelling with associated alterations to existing fabric (3 No. openings in existing walls). Refused 02.01.2014.
5. Consultation Replies
Parish Council Woodham Mortimer with Hazeleigh Parish Council – Object as the proposed extension appears not to be in keeping with the character of the existing dwelling and would give an aesthetically unbalanced appearance to the property.
Internal Conservation Officer – No objection subject to conditions.
6. Letters of Representation
6.1 None received at the time of writing.
7. Assessment of Proposal
Policy Issues
(i) Relevant Development Plan Policies Adopted Maldon District Replacement Local Plan BE1 Design of New Development and Landscaping. BE16 Extensions, alterations to and additional buildings in the curtilage of listed buildings.
(ii) Maldon District Local Development Plan The Maldon District Local Development Plan was submitted to the Secretary of State for Examination-in-Public on 25 April 2014. The Council is seeking to progress the Examination-in-Public process as quickly as possible in order to adopt the Plan at the earliest possible opportunity. The Local Development Plan (incorporating minor modifications) and associated evidence base as submitted to the Secretary of State is a material consideration in the determination of planning applications.
Agenda Item no. 5 Page 106 / 147 The following policies are considered relevant to this application: D1 Design Quality and Built Environment. D3 Conservation and Heritage Assets. S8 Settlement Boundaries and the Countryside.
(iii) Government Guidance The National Planning Policy Framework (NPPF).
7.1 Relevant History
7.1.1 This application follows a previously refused planning application of an enlarged version of this scheme. Prior to that application a small single storey extension was approved but was not implemented.
7.2 Principle of Development
7.2.1 It is important to have special regard to the desirability of preserving the building, its setting or any features of special architectural or historic interest. These requirements are found in policy BE16 of the local plan and are supported by the NPP which seeks to protect heritage assets. The submitted Local Development Plan (LDP) policy D3 reflects the nature of the NPPF and current policies of the local plan.
7.2.2 In order for the principle of development to be acceptable, it is essential that these requirements are fulfilled and the design of the development is acceptable for the locality in accordance with policy BE1 of the local plan, policy D1 of the submitted LDP and core planning principles and guidance within the NPPF.
7.3 Scale and Design
7.3.1 The proposal seeks to construct a single-storey side extension to the west elevation and is similar in scale to the scheme approved in 2003 which was not implemented. The proposal is considerably smaller than the proposal submitted in 2013 (LBC/MAL/13/01018) which was refused on the basis of the potential loss of original historic fabric and the incongruous relationship with the main dwellinghouse.
7.3.2 The design of the proposed sash windows will match the existing sash window that will be removed from the rear elevation.
7.3.3 Materials are to match the existing dwellinghouse.
7.4 Impact upon Historic Interest of Listed Building
7.4.1 The Conservation Officer has been consulted in respect of this proposal. The proposal incorporates a parapet across the top of the side elevation. This would have the benefit of concealing the partially flat roof which would otherwise appear as a squat and awkward device, but is necessary to avoid intrusion on the first floor windows. The previously refused scheme proposed a front parapet ramped at both ends which made the extension appear “busy” in contrast to the restrained detailing of the rest of the house. The current proposal would have an unassuming presence and would not compete with the primacy of the principal elevation. Agenda Item no. 5 Page 107 / 147 7.4.2 The proposed internal changes no longer seek to create openings in the walls of the original house so there will be no loss of important historic fabric.
7.5 Effect upon Neighbouring Properties
7.5.1 The development does not result in any material harm being caused to the amenity of neighbouring occupiers and is in accordance with policy BE1 of the local plan.
7.6 Other Considerations
7.6.1 The Parish Council objection to this application is acknowledged. The proposal is similar in scale to the scheme approved in 2003 and would not cause harm to the significance of the listed building.
7.7 Conclusion
7.7.1 Subject to conditions advised by the Conservation Officer, the proposal is considered acceptable.
Recommendation
APPROVE 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(1) of The Town & Country Planning Act 1990 (as amended). 2 The development hereby permitted shall be carried out in complete accordance with the approved drawings specifically referenced on this decision notice as well as the submitted detailed specifications which forms part of this permission. REASON: In order to ensure that the development is carried out in accordance with the approved details and in accordance with policy BE1 of the adopted Maldon District Replacement Local Plan and emerging policy D1 of the Pre-Submission Local Development Plan.
POSITIVE AND PROACTIVE STATEMENT Town and Country Planning (Development Management Procedure)(England) (Amendment No.2) Order 2012 - Positive and Proactive Statement:
The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework
Agenda Item no. 5 Page 108 / 147 Agenda Item no. 5 Page 109 / 147 NW4 Application Number FUL/MAL/14/00441 Location Land Between Mapstones And Ballingdon Maypole Road Great Totham Essex Proposal Erection of single detached dwelling served by re- positioned access Applicant Mr Joseph Greenhow - Joseph Greenhow Planning Ltd. Date Valid 20 May 2014 Target Date 15 July 2014 Case Officer Samantha Gibbs, TEL: 01621 875861 Parish GREAT TOTHAM
1. Introduction
1.1 This application is brought to the North Western Area Planning Committee for determination as it represents a departure from the local plan.
2. Site Description
2.1 The application site is located on the north eastern side of Maypole Road between two existing dwellings – Mapstones to the north west and Ballingdon to the south east. Adjacent to Ballingdon is Five Corners. The site is within the parish of Great Totham, but is located only a few metres from the settlement of Wickham Bishops. The site is not within the settlement boundary.
2.2 The site is an open parcel of land formerly associated with Mapstones but has been separated off by 2m high close boarded boundary fencing. The site measures 21.5m wide and 67m in depth. Its rear boundary abuts the scout camp site and hall. There are a number of landscape features on site including a front boundary hedge and some trees. Some of these trees are protected by TPOs. The site has been recently mown. There is an existing access onto the site from Maypole Road.
3. The Proposal
3.1 Planning permission is sought for the erection of a detached dwelling. This would be two storeys in height and contain 4 bedrooms, one with en suite, and a bathroom at first floor level. At ground floor the dwelling would contain a family room and open plan kitchen, utility, dining room, lounge and large hall wall.
3.2 The proposed dwelling would measure 11.4m wide and 12.55m in depth with a height of 8.82m and be of a pitched/ gable ended design. It would have a forward projecting gable and two half dormers on the front elevation along with a lean-to porch. At the rear, part of the dwelling would be single storey only, with a lantern roof light above the kitchen. An additional half dormer would be provided on the rear elevation serving bedroom 2.
3.3 Materials have been detailed on plan reference 579/PA002A dated April 2014.
Agenda Item no. 5 Page 110 / 147 4. Relevant Planning History
4.1 None.
5. Consultation Replies
Parish Council Great Totham Parish Council – Support.
Neighbouring Parish Council Wickham Bishops Parish Council – Support.
External Essex County Council Highways - No objection subject to conditions.
Internal Countryside and Coast Officer - No comments.
Environmental Health – Recommend informatives.
Tree Officer – No response at time of writing.
6. Letters of Representation
Letters of objection:-
Ms Sheila Warner Ballingdon Maypole Road Wickham Bishops Mr N Court Mapstones Maypole Road Wickham Bishops Mr Rodney Bass Five Corners Maypole Road Wickham Bishops
Main reasons for Objection: Outside of the settlement. Set a precedent for similar development. Site was part of the garden of Mapstones. Form of the development is not in keeping. Design of the development is not in keeping. The site is not in Wickham Bishops. Pre application advice shows why permission should not be granted and the application has not mitigated the issues. Incorrect reference to character of development in the area. Incorrect application of policy. Unsound arguments regarding layout. Unnatural and alien development. No evidence of a garage on the plans. Disagree with findings of the tree report. Repositioning the access would not solve the lack of visibility along the road. Agenda Item no. 5 Page 111 / 147 Main reasons for Objection continued- Damaging effect on the street scene. Site was once a woodland with no access to Maypole Road. Many landscaping features have been removed. Site should remain as woodland with new planting. Should be conditions regarding windows facing neighbouring dwellings and to prevent removal of the boundary fencing. In principle no objection to the plans.
7. Assessment of Proposal
Policy Issues
(i) Relevant Development Plan Policies Adopted Maldon District Replacement Local Plan S2 Development outside of the defined development boundary CON5 Pollution prevention. CON6 Contaminated land. BE1 Design of Development and Landscaping. CC5 Protection of wildlife at risk on development sites. CC6 Landscape Protection. CC7 Special Landscape Areas. H1 Location of new Housing. T1 Sustainable Transport and location of new development. T2 Transport infrastructure in new developments. T8 Vehicle Parking Standards.
(ii) Maldon District Local Development Plan The Maldon District Local Development Plan was submitted to the Secretary of State for Examination-in-Public on 25 April 2014. The Council is seeking to progress the Examination-in-Public process as quickly as possible in order to adopt the Plan at the earliest possible opportunity. The Local Development Plan (incorporating minor modifications) and associated evidence base as submitted to the Secretary of State is a material consideration in the determination of planning applications. The following policies are considered relevant to this application: S1 Sustainable Development. S8 Settlement Boundaries and the Countryside. D1 Design Quality and Built Environment. D2 Climate change and environmental impact of new development. H2 Housing Mix. H4 Effective Use of Land. N2 Natural Environment and Biodiversity. T1 Sustainable Transport. T2 Accessibility. Agenda Item no. 5 Page 112 / 147 (iii) Government Guidance The National Planning Policy Framework (NPPF)
7.1 Principle of Development and Sustainability
7.1.1 Within the National Planning Policy Framework (NPPF) there is a presumption in favour of sustainable development (the ‘presumption’) which is central to the policy approach in the Framework, as it sets out the Government’s changes to the planning system and emphasises the need to plan positively for appropriate new development. The NPPF replaces Local Plan policies that do not comply with the requirements of the NPPF.
7.1.2 It is necessary to assess whether the proposed development is ‘sustainable development’ as defined in the NPPF. If the site is considered sustainable then the NPPF’s ‘presumption in favour of sustainable development’ applies. However, where the development plan is ‘absent, silent or relevant policies are out-of-date’, planning permission should be granted ‘unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or that specific policies in this Framework indicate development should be restricted’.
7.1.3 There are three dimensions to sustainable development as defined in the NPPF. These are the economic, social and environmental roles. The Pre Submission Local Development Plan through the pre-amble to policy S1 re-iterates the requirements of the NPPF but there are no specific policies on sustainability in the current Local Plan.
7.1.4 Policy S2 of the current Local Plan provides the strategic position for the District through defined development boundaries for villages/urban areas within the District and seeks to protect areas outside of defined development boundaries from new development in the interests of protecting the countryside and coastal landscapes of the District. Policy S1 allows for new development within the defined development boundaries. However, policies S1, S2 and H1 have been assessed against the NPPF and are not considered to be fully compliant with the NPPF. This is because the Council cannot demonstrate an up to date five year supply of deliverable housing and on the basis that sites outside of the defined development boundaries could be judged to be ‘sustainable development’ through the three dimension tests of the NPPF. Nevertheless Local Plan policy CC6 seeks to protect the rural and coastal landscape in the District and is considered to be compliant with NPPF which seeks to protect the ‘intrinsic character and beauty of the countryside’.
7.1.5 The site is located just outside of the settlement limits of Wickham Bishops. Opposite the site there is a public footway along the road leading into the centre of the village. Within the village itself there is a village shop / convenience store, post office, public houses, vehicle repairs and sales garage, hairdresser, village hall, library and tennis club. Bus services run at a regular rate through the village. The most common bus service is between Maldon and Witham on a half hour basis Monday to Friday between 6.30am and 6.20pm, and on Saturday s between 8.45am and 5.45pm. No services run on a Sunday.
Agenda Item no. 5 Page 113 / 147 7.1.6 Given the availability of village services in the immediate locality, which are able to be accessed on foot or by cycle, it is considered that the accessibility level of the village is beneficial in sustainability terms. The NPPF and both existing and future policies of the District all seek to ensure that there are travel options available for access to daily services and support facilities. The location of the site would enable this. It is noted that there are limited employment facilities in the village. However, the regularity of bus services would enable access to employment throughout the week in both the centres of Maldon and Witham, without the unavoidable need to use private cars.
7.2 Housing Land Supply and Need
7.2.1 In respect of the Council’s current land supply position, paragraph 49 of the NPPF states that Local Authorities should consider applications for new dwellings in the context of the presumption in favour of sustainable development. Saved Replacement Local Plan policies in relation to the supply of housing should not be considered to be up-to-date. As a result, planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF taken as a whole, or specific policies in the NPPF indicate that development should be restricted.
7.2.2 In judging whether a residential scheme should be granted, it is necessary to consider the weight attributed to the planning benefits which the proposal offers in making up the current housing land supply shortfall, against the adverse impacts identified (if any) arising from the proposal in relation to the policies contained within the NPPF.
7.2.3 The Council is pro-actively working to address the housing land supply shortfall. The Maldon District Local Development Plan Preferred Options were published for public consultation back in July 2012 followed by the draft and Pre Submission versions in August 2013 and January 2014, setting out the Council’s future strategic approach to boost significantly the supply of housing and identify sites for the delivery of the housing strategy over the plan period, including specific deliverable sites sufficient to provide five years’ worth of housing against the local housing requirement.
7.2.4 The proposal would result in 1 new dwelling in the District. This would assist in meeting the housing shortfall. It is however recognised that the emerging policy H2 of Local Development Plan (LDP) contains a policy and preamble (paragraph 5.2.2) which read alongside the evidence base from the Strategic Housing Market Assessment (SHMA) shows an unbalanced high number of dwellings of three or more bedrooms, with less than half the national average for one and two bedroom units. The Council is therefore encouraged in the emerging policy H2 to provide a greater proportion of smaller units to meet the identified needs and demands.
7.2.5 The LDP carries material weight in determining planning applications, and the NPPF is clear that housing should be provided to meet an identified need. This is set out in Paragraph 50 of the NPPF. The proposed 4 bedroom dwelling would therefore not assist in meeting the identified housing needs of the District.
Agenda Item no. 5 Page 114 / 147 7.3 Scale and Design
7.3.1 In terms of design, policy BE1 is applicable indicating that new development should reflect the character and appearance of existing development in terms of, for example, layout, architectural style, scale/bulk/height and materials. Policy D1 of the submission LDP reflects these policy requirements.
7.3.2 The design of the dwelling put forward is considered to be relatively modest and would not appear cramped on the site due to the spacing provided between it and the side boundaries (approximately 5m each site). The dwelling is of a traditional appearance with a forward projecting gable and half dormers reducing the overall bulk and scale of the dwelling. This would not appear at odds with existing development and would be considered appropriate for the plot having regard to its width and the spaciousness between development elsewhere in the road.
7.3.3 Materials shown would be considered to reflect those utilised in the immediate locality and would not result in the dwelling appearing prominent on its site or in the street scene. The set back position of the dwelling on the site, although principally for protection of TPOs on the site, would also be considered to reflect the siting of other dwellings in the road, further ensuring the dwelling does not appear prominent or discordant in the street scene.
7.3.4 It is noted that the application includes a copy of the preliminary advice from officers which raised concerns regarding the design of the development. Many of the objectors have also referenced this. However, the scale of the development in the earlier enquiry was greater than that being proposed. There is also no garage proposed where issues raised have been addressed. It is felt that the design and scale of the proposal has taken into account the concerns raised and these have been suitably addressed. The design of this scheme is therefore not considered to be objectionable and would not conflict with the above policies.
7.4 Impact on Character and Appearance of the Area
7.4.1 The site is located outside of the defined village settlement of Wickham Bishops and in the Parish of Great Totham. Policy BE1 part (c) seeks to ensure that development harmonises with the character of the area and makes a positive contribution to it.
7.4.2 Policy CC6 of the Local Plan relates specifically to landscape protection, requiring that (a) no harm is caused to the landscape character in the locality, (b) the design of development is appropriate for the landscape in which it is proposed and (c) the development is landscaped to protect and enhance local distinctiveness. Policy CC7 sets similar requirements for landscape protection.
7.4.3 In addition, the NPPF provides clear guidance on the need to protect the natural environment.
7.4.4 The site is located between and opposite existing residential development leading to the settlement limits. On the face of it, the site appears as an infill plot suitable for a new single dwelling. The rural nature and quality of the area, outside of the settlement, becomes more apparent when travelling in a south easterly direction along Maypole Road.
Agenda Item no. 5 Page 115 / 147 7.4.5 The site currently has an open nature and was formerly left to scrub with many trees. Unfortunately this has been cleared recently and only a few landscaping features remain. However, the open nature of the site does add to the quality of the locality, clearly helping to form a distinction between the settlement and the rural area.
7.4.6 The proposed development would result in the dwelling being set back from the road. New landscaping could be incorporated into the front of the site as part of this scheme for the visual enhancement of the plot and street scene as a whole. This would also help to retain the distinction between the settlement and area outside of the settlement leading to the countryside.
7.4.7 The fact that the dwelling is not over-scaled and would sit appropriately in the plot without appearing cramped is an important aspect of this scheme. This is not considered to be an isolated plot in the countryside which saved as well as submission local policies, and the NPPF seek to protect from inappropriate development. Rather the site is considered to be in a semi rural location and its use for the proposed scheme would not be considered to conflict with the requirements of the above policies.
7.4.8 On balance the development as now proposed would be considered acceptable. Conditions could be imposed to prevent extensions to the dwelling that would result in a cramped layout or change in character of the site without prior approval of the Council. This would be considered reasonable in protecting the character and appearance of the locality and semi rural quality of this part of the street scene.
7.5 Effect upon Neighbouring Properties
7.5.1 Policy BE1 of the local plan requires consideration of the impact of development on residential amenity. This is also reflected in policy D1 of the submission LDP.
7.5.2 The two neighbouring properties, Mapstones and Ballingdon, are set away from the site boundaries. The proposal would be approximately 5m from these common boundaries. No windows are proposed on the flank elevations to result in overlooking or loss of privacy into these properties. Concerns have however been raised by neighbouring occupiers regarding potential for windows in these elevations that could have a negative impact on amenity. Therefore a condition would be considered entirely reasonable to prevent windows or openings being formed in the flank elevations of the dwelling in the interest of neighbouring amenity.
7.6 Access, Parking & Highway Safety
7.6.1 A new access is proposed into the site with a T shaped driveway. This would enable parking and turning of vehicles and access/ egress in a forward gear.
7.6.2 The highway authority has raised no objection to the application subject to conditions. These conditions are considered reasonable and necessary to protect highway safety of all road users.
7.6.3 In terms of parking, the adopted Vehicle Parking Standards SPD refers to a maximum of three parking spaces for a four bedroom dwelling. The layout plan does not show a specific area for parking allocated on the plans although there does appear to be
Agenda Item no. 5 Page 116 / 147 sufficient space on site for this provision, in accordance with the requirements of policy T8 of the local plan and policy D1 of the submission LDP are met by the proposal.
7.7 Provision of Amenity Space and Landscaping
7.7.1 The site has some existing landscaping features but a full landscaping plan has not been submitted. it is considered important for landscaping to be incorporated into the proposal in the interest of visual amenity and enhancement of the character and appearance of the area.
7.7.2 In terms of amenity space, the plans show a large area to the rear of the dwelling which would serve as private amenity space. This would be greater than the minimum requirements set out in the Essex Design Guide and this would be considered essential given the location of the site and need to prevent a cramped form being created.
7.7.3 There are a number of trees on the site six of which are protected by a mixed TPO order and a separate group order. A tree plan / survey has been submitted with the application along with some commentary in a letter from the landscape architect. To date, no comments have been received regarding this. However, any comments can be provided on the members update. It is however considered necessary for a full tree report to be prepared showing how trees would be protected as part of this development including during construction stages. A condition is therefore recommended in this regard.
7.8 Nature Conservation
7.8.1 The Countryside and Coast Officer has been consulted and raised no objections or comments to the application. There are no concerns therefore arising in terms of policy CC5 of the local plan.
7.9 Boundary treatment
7.9.1 The site benefits from some existing boundary treatment. Comments have been received from objectors regarding the retention of boundary treatment. No details have been provided about the boundary treatments proposed for the site particularly along the front boundary, whether this is landscaping or fencing. Therefore a condition is considered necessary, in the interest of visual amenity, to require details to be submitted to the Council. This should also include any gates which in accordance with highway authority standards would need to be set back 6m from the highway.
7.10 Other Considerations
7.10.1 It is recognised that both the parish and neighbouring parish Council has supported the application but there are also letters of objection. Many concerns have been addressed throughout this report. Those regarding setting a precedent can be addressed in that every application is to be determined on its own planning merits and no site can be considered directly comparable to another. Reference is also made to the fact that the development proposed no garage. However, this is considered to be
Agenda Item no. 5 Page 117 / 147 acceptable for the site and if a garage were proposed in the future planning permission would be required, depending on its siting. The fact that the dwelling would have no garage and neighbouring plots do is not considered a reason to object to this scheme from a policy perspective.
7.11 Conclusions
7.11.1 The site is in a sustainable location where there is good access to local facilities and public transport which would accord with the requirements of the NPPF. The design of the dwelling is also considered to be acceptable in the street scene compared to surrounding properties. Although the loss of the site for housing may raise some issues, the overall appearance of the site could be suitably enhanced though landscaping particularly along the front boundary and this could offer some further visual enhancement to the area, which in themselves could be managed by way of appropriately worded conditions. The development is therefore considered to comply with relevant local and national planning policies.
Recommendation
APPROVE 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(1) of The Town & Country Planning Act 1990 (as amended). 2 The development hereby permitted shall be carried out in complete accordance with the approved drawings specifically referenced on this decision notice as well as the submitted detailed specifications. REASON: To ensure that the development is carried out in accordance with the details as approved. 3 The external surfaces of the development hereby approved shall be constructed of materials and finish as detailed within the application on plan reference 579/PA002A dated April 2014, unless otherwise agreed in writing by the local planning authority REASON: To ensure that the development is carried out in accordance with the details as approved and in the interest of visual amenity in accordance with policies BE1, CC6 and CC7 of the adopted Maldon District Replacement Local Plan and policies D1 and N2 of the Submission Local Development Plan. 4 No development shall commence until details of the siting, height, design and materials of the treatment of all boundaries including gates, fences, walls, railings and piers have been submitted to and approved in writing by the local planning authority. The screening as approved shall be constructed prior to the first use/occupation of the development to which it relates and be retained as such thereafter. REASON: To ensure appropaite boundary treatment particularly along the front (southern) boundary in accordance with policy BE1 of the adopted Maldon District Replacement Local Plan and policy D1 of the Submission Local Development Plan. 5 No works or development shall take place until full details of soft landscape works to be carried out have been submitted to and approved in writing by the local planning authority. These details shall include soft landscape works including schedules of shrubs and trees to be planted, noting the species, stock size, proposed numbers/densities and details of the planting scheme’s implementation, aftercare and maintenance programme. The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the
Agenda Item no. 5 Page 118 / 147 commencement of the development, unless otherwise first agreed in writing by the local planning authority. If within a period of five years from the date of the planting of any tree or plant, or any tree or plant planted in its replacement, is removed, uprooted, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree or plant of the same species and size as that originally planted shall be planted in the same place, unless the local planning authority gives its written consent to any variation. REASON: To ensure appropriate soft landscaping for the site in the interest of visual amenity of the street scene and in accordance with policies BE1, CC6 and CC7 of the adopted Maldon District Replacement Local Plan and policies D1 and N2 of the Submission Local Development Plan. 6 No trees within the site shall be felled, cut back, damaged or removed, unless otherwise first agreed in writing with the local planning authority. No development shall commence until information has been submitted and approved in writing by the Local Planning Authority in accordance with the requirements of BS5837:2012 in relation to tree retention and protection as follows: Tree survey detailing works required; Trees to be retained; Tree retention protection plan; Tree constraints plan; Arboricultural implication assessment; Arboricultural method statement (including drainage service runs and construction of hard surfaces). No development shall commence until fencing and ground protection to protect the trees shall be erected, details to be submitted and approved as per BS5837:2012, and ground protection has been erected details of which shall have been submitted to the local planning authority for written approval. The ground protection shall be laid as per Arboricultural method statement in accordance with British Standard BS5837:2012 (Trees in relation to construction) unless otherwise agreed in writing. The protective fencing and ground protection shall be erected before the commencement of any clearing, demolition and building operations and shall be retained until all equipment, machinery and surplus materials have been removed from the site. If within five years from the completion of the development an existing tree is removed, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, a replacement tree shall be planted within the site of such species and size and shall be planted at such time, as specified in writing by the local planning authority. REASON: To ensure the protection and retention of protected trees and landscape features on the site during construction and as part of the landscaping of the site in accordance with policies BE1, CC6 and CC7 of the adopted Maldon District Replacement Local Plan and policies D1 and N2 of the Submission Local Development Plan. 7 No development shall commence until details of the materials to be used for the hard surfacing of the access and driveway for the site have been submitted to and approved in writing by the local planning authority. The scheme as approved shall be implemented and completed in accordance with the approved scheme within 3 months following the first use/occupation of the development hereby permitted and retained as such thereafter.
Agenda Item no. 5 Page 119 / 147 REASON: To ensure the provision of the access and hardstanding does not affect the roots of protected trees and landscape features on the site in accordance with policies BE1, CC6 and CC7 of the adopted Maldon District Replacement Local Plan and policies D1 and N2 of the Submission Local Development Plan. 8 Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no dormer window or other form of addition or opening shall be constructed in the roof or gable walls of the building hereby permitted without planning permission having been obtained from the local planning authority. REASON: In order to protect the amenity of neighbouring occupiers from overlooking or loss of privacy in accordance with policy BE1 of the adopted Maldon District Replacement Local Plan and policy D1 of the Submission Local Development Plan. 9 Prior to commencement of the development, the visibility spays as shown on drawing no.579/PA004 shall be provided from the new access. Such vehicular visibility splays shall be retained free of any obstruction at all times thereafter. REASON: To provide adequate inter-visibility between vehicles using the access and those in the existing public highway in the interest of highway safety and in accordance with policy T2 of the adopted Maldon District Replacement Local Plan. 10 Prior to first occupation of the development the vehicular access shall be constructed at right angles to the highway boundary and to the existing carriageway. The width of the access at its junction with the highway shall not be less than 3 metres, shall be retained at that width for 6 metres within the site and shall be provided with an appropriate dropped kerb vehicular crossing of the highway verge. The development shall be retained as such thereafter. REASON: To ensure that vehicles can enter and leave the highway in a controlled manner in the interest of highway safety and in accordance with policy T2 of the adopted Maldon District Replacement Local Plan. 11 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 in accordance with the approved details prior to the access becoming operational and shall be retained at all times thereafter. 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 and in accordance with policy T2 of the adopted Maldon District Replacement Local Plan. 12 No unbound material shall be used in the surface treatment of the vehicular access within 6 metres of the highway boundary. REASON: To avoid displacement of loose material onto the highway in the interests of highway safety and in accordance with policy T2 of the adopted Maldon District Replacement Local Plan. 13 Any gates provided at the vehicular access shall be inward opening only and shall be set back a minimum of 6 metres from the back edge of the carriageway. REASON: To enable vehicles using the access to stand clear of the carriageway whilst gates are being opened and closed in the interest of highway safety and in accordance with policy T2 of the adopted Maldon District Replacement Local Plan.
Agenda Item no. 5 Page 120 / 147 POSITIVE AND PROACTIVE STATEMENT
Town and Country Planning (Development Management Procedure) (England) (Amendment No.2) Order 2012 - Positive and Proactive Statement: The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.
INFORMATIVES 1 The applicant suggests that a soakaway or soakaways will be used to collect the surface water from this development. Essentially this will satisfy building control measures however, we have seen more of these systems fail due to capacity during periods of heavy rainfall. In a development of this size and type it would be favourable to include a more substainable surface water option than a soakaway which might include water harvesting systems or similar. 2 The applicant should ensure the control of nuisances during construction works to preserve the amenity of the area and avoid nuisances to neighbours: a. No waste materials should be burnt on the site, instead being removed by licensed waste contractors; b. No dust emissions should leave the boundary of the site; c. Consideration should be taken to restricting the duration of noisy activities and in locating them away from the periphery of the site; d. Hours of works: works should only be undertaken between 0730 hours and 1800 hours on weekdays; between 0800 hours and 1300 hours on Saturdays and not at any time on Sundays and Public Holidays. 3 Should any contaminated ground conditions or the existence, extent and concentrations of any landfill gas be found that was not previously identified or not considered in a scheme agreed in writing with the Local Planning Authority, the site or part thereof shall be re-assessed a scheme to bring the site to a suitable condition in that it represents an acceptable risk shall be submitted to and agreed in writing with the Local Planning Authority. 4 In connection with the condition of this planning permission, Arboricultural Practice Note No.12 [Through Trees to Development published by The Arboricultural Advisory and Information Service] also provides information and guidance on development within the root protection area of a tree. 5 All work within or affecting the highway is to be laid out and constructed by prior arrangement with, and to the requirements and satisfaction of, the Highway Authority, details to be agreed before the commencement of works. The applicants should be advised to contact the Development Management Team by email at [email protected] or by post to: SMO2 - Essex Highways, Springfield Highways Depot, Colchester Road, Chelmsford. CM2 5PU.
Agenda Item no. 5 Page 121 / 147 Agenda Item no. 5 Page 122 / 147 NW5 Application Number HOUSE/MAL/14/00483 Location Wickham Place Station Road Wickham Bishops Essex Proposal Demolish post-war garage outbuilding and lean to shed. Replace with single storey outbuilding for pool plant, garaging and storage. Refurbish garden room to walled swimming pool area. Applicant Mr & Mrs Peter Spalding Date Valid 12 May 2014 Target Date 7 July 2014 Case Officer Samantha Gibbs, TEL: 01621 875861 Parish WICKHAM BISHOPS
1. Introduction
1.1 This application is brought to the North Western Area Planning Committee for determination as Officers have a view contrary to that of the Parish Council.
2. Site Description
2.1 The application site is located outside of the settlement boundary off the north eastern side of Station Road. The site relates to a large estate house Wickham Place which is a Grade II* Listed Building. It is an eighteenth century house which is surrounded by a complex of Georgian structures which are also grade II Listed. The site also contains an old garage structure adjacent to the northern boundary of the site in close proximity to the main dwelling.
2.2 Adjacent to the site is Wickham Place Farm to the west. This site was formally separated from Wickham Place in 1948. The buildings at this adjacent site are Grade II Listed.
3. The Proposal
3.1 Following the grant of planning permission under reference HOUSE/MAL/12/00149 and LBC/MAL/00150, the current proposal seeks to provide a single storey outbuilding for pool plant, garaging and storage. Refurbishments are also proposed to the walled swimming pool area. The proposal is an amendment to this earlier extant permission. A concurrent listed building consent application is currently pending consideration.
3.2 The existing garage outbuilding would be demolished as part of this proposal as would the existing breeze block shed, and the new structure would be provided in a comparable location. This would measure 18.2m in width and a maximum of 6.16m in depth. The building would have a height of 5.2m to the ridge.
3.3 The building would contain a pool plant store and wc/shower room adjacent to the existing garden room (south western elevation), a garden machinery store/ workshop, 3 car bays and a garden equipment store. The three parking bays would be 3.2m wide with the garden machinery and garden equipment store both measuring 2.9m in width.
Agenda Item no. 5 Page 123 / 147 3.4 The proposal would also include the refurbishment of the existing garden room by replacing the corrugated plastic roof with a slate roof, providing new glazed patio doors in the garden room, a slight raise in the height of the modern walls of this building, re-rendering, and internal fixtures and fittings provided. A new entrance would be created in the existing listed wall adjacent to the garden room and proposed garage.
3.5 Additional supporting information was provided by the applicant during the process of in response to a letter of objection that had been received.
4. Relevant Planning History The following applications are most applicable to this current application:
HOUSE/MAL/12/00149 - Demolish outbuilding and replace with single storey outbuilding for pool plant, garaging and storage. Refurbish garden room to walled swimming pool area. Approved 12.04.2012. LBC/MAL/12/00150 - Demolish outbuilding and replace with single storey outbuilding for pool plant, garaging and storage. Refurbish garden room to walled swimming pool area. Approved 12.04.2012. LBC/MAL/14/00484 - Demolish post-war garage outbuilding and lean to shed. Replace with sensitively designed single storey outbuilding for pool plant, garaging and storage. Refurbish garden room to walled swimming pool area. Pending Consideration.
The following planning history relates to the site:
FUL/MAL/90/00688 – Change of use of existing two dwellings and outbuildings to 25 bedroom hotel and associated works, withdrawn 09.10.1990. LBC/MAL/90/00689– Change of use of existing two dwellings and outbuildings to 25 bedroom hotel and associated works, withdrawn 09.10.1990. OUT/MAL/90/00765 – 18 hole golf course with clubhouse and ancillary buildings including a septic tank, refused 11.03.1991. FUL/MAL/90/00975 – Change of use and alterations to two dwellings and ancillary building to 24 bed hotel, refused 11.03.1991. LBC/MAL/90/00976 - Change of use and alterations to two dwellings and ancillary building to 24 bed hotel, refused 11.03.1991. FUL/MAL/93/00327 – Alterations and extension to existing building, approved 21.09.1993. LBC/MAL/93/00328 – Alterations and extension to existing building, approved 21.09.1993. LBC/MAL/95/00326 – Demolition of ground floor bathroom extension, removal of existing staircase together with formation of new stair and new bathroom, approved 15.08.1995.
Agenda Item no. 5 Page 124 / 147 Relevant Planning History continued - FUL/MAL/97/00178 – Formation of new entrance piers and gates, approved 24.04.1997.
5. Consultation Replies
Parish Council Wickham Bishops Parish Council – Object: since the previous successful application in 2012 there have been subsequent changes to the neighbouring property. The potential for overlooking of the neighbouring property is now apparent and exacerbated by the increased length of this proposal. The Council therefore considers the proposal to be contrary to LDP Policy D1.
External English Heritage – Consider the proposal to be acceptable. English Heritage considered the previous scheme to be acceptable in principle, and does not consider the increased size of the building now proposed would materially alter the impact of the proposed building.
Internal Conservation Officer – No objection subject to conditions (materials; rainwater goods; samples; garage doors). The existing garage block is a negative structure within the curtilage of the listed building and its demolition is supported. Replacement with a high quality garage block suitably and appropriately designed will not cause harm to the setting of the heritage assets.
Countryside and Coast Officer – No objections subject to the ivy being removed from the buildings outside of the bird nesting season which is normally considered to be from the 1 March to the end of August each year. Bats will occasionally roost in dense ivy so I would also advise that the ivy is removed with care and, in the event that any bats are discovered, work should stop immediately and advice should be sought from an ecologist or from the Bat Conservation Trust.
Tree Officer – Recommend conditions to ensure the trees on site are protected from development activity.
6. Letters of Representation
Letters of objection:- Terry & Judith Wilson Wickham Place Farm Station Road Wickham Bishops
Main reasons for Objection: Various comments regarding a neighbour dispute between the two land owners. Adjacent property granted permission for extension and conversion of coach house into a dwelling, objections were received. The coach house is not an outbuilding as referred to into the application as permission has been granted for its conversion. No need for an increase in height of the garage in the future – any works would affect the converted coach house. Agenda Item no. 5 Page 125 / 147 Main reasons for Objection continued - No expansion of what the errors were in the previous application. Increase in width is not the only change. Incorrect to state that the building would not be visible from the highway. Design and mass are wrong – is the size of a pair of semi detached dwellings. Materials are wrong – should be red brick or weatherboarding. Neighbours own 400 yards of listed wall, applicant owns 12 yards, horrified to see a doorway knocked through it. Surprised that English Heritage and the Conservation Officer did not object as both raised a strong objection to the neighbour’s development. The applicant should be directed to change the development including lowering the height, moving the block further from the boundary, erect a garden shed elsewhere, restore the listed wall ad not make an access through it, respect the space and integrity of the listed buildings. Copy of applicant’s objection to neighbouring development produced. Loss of light and overshadowing will occur. Various errors in the application relating to inaccuracies on plans (examples given) showing siting of existing buildings in the 2012 application. Current plans are smaller than the measurements shown and plans do not show correct location of the coach house. Coach house windows would be obscured by the proposed outbuilding.
Letters of support:- Roger Martin 3 Scraley Road Heybridge Essex Robert Gore The Cottage Wickham Place Station Road
Main reasons for Support: New building is overdue and needed to look after the house and gardens and to enjoy the pool. A lot of thought has gone into the design following advice from English Heritage and the Council. Garages need to be wide enough to be useable. Proposal will not impact on the coach house at Wickham Place Farm, or the privacy and outlook of neighbours as windows are for hallways and not rooms and are only at ground floor level. Garden views from the coach house not affected as they face the boundary wall. Improve the appearance of the yard and reinstate and attractive traditional courtyard. Site needs the proposed facilities. Natural position for the proposed building. Support proposal to widen garages by 30cm. Privacy of The Cottage at Wickham Place will be compromised once the coach house is converted at the adjacent site.
Agenda Item no. 5 Page 126 / 147 Main reasons for Support continued - Welcome the removal of the post war shed as it is unusable and falling apart. Removal of the shed would create a parking space for The Cottage.
7. Assessment of Proposal
Policy Issues
(i) Relevant Development Plan Policies Adopted Maldon District Replacement Local Plan BE1 Design of New Development and Landscaping. BE6 Extensions to Dwellings. BE16 Extensions, Alterations to and Additional Buildings within the Curtilage of Listed Buildings. CC6 Landscape Protection. T8 Vehicle Parking Standards.
(ii) Maldon District Local Development Plan The Maldon District Local Development Plan was submitted to the Secretary of State for Examination-in-Public on 25 April 2014. The Council is seeking to progress the Examination-in-Public process as quickly as possible in order to adopt the Plan at the earliest possible opportunity. The Local Development Plan (incorporating minor modifications) and associated evidence base as submitted to the Secretary of State is a material consideration in the determination of planning applications. The following policies are considered relevant to this application:
S1 Sustainable Development. S8 Settlement Boundaries and the Countryside. D1 Design Quality and Built Environment. D3 Conservation and Heritage Assets. H4 Effective Use of Land. N2 Natural Environment and Biodiversity.
(iii) Government Guidance The National Planning Policy Framework (NPPF).
7.1 Principle of Development and Relevant History
7.1.1 The principle of development has already been established at this site for the development. The only difference between the earlier approved applications reference HOUSE/MAL/12/00149 and LBC/MAL/00150, which remain extant, is that the width of the proposed structure would be increased from 16.9m to 18.2m. This increase, amounting to 1.3m is accommodated mainly by the increased width of the 3 garage bays in the centre of the building. The demolition of the additional shed is also proposed. From a comparison of the current and extant schemes, all other elements of the proposal appear to be the same as the earlier approved application.
Agenda Item no. 5 Page 127 / 147 7.1.2 This assessment therefore must focus on the differences between the extant permission and the current proposal, in order to assess its impact and suitability in relation to policy requirements.
7.2 Scale and Design and Impact on Character and Appearance of the Area
7.2.1 Policy BE1 of the local plan and BE6 both seek to ensure design of new development is acceptable. In this regard, BE6 relates to extensions to dwellings rather than outbuildings but contains relevant criteria that can be considered here. In addition, being outside of the settlement and in a rural area, policy CC6 is also applicable; seeking to ensure the landscape of the district is protected. These policies are reflected in submission policies D1, H4 and N2 of the LDP and core planning principles and guidance contained in the NPPF.
7.2.2 Policy BE6 requires that development should not result in the building appearing cramped, or detrimental to the character and appearance of the area, the size of the extension is not detrimental to the character of the area nor affect amenity of neighbouring occupiers by way of overlooking, overpowering or loss of light, and parking spaces remain available within the site.
7.2.3 Bearing in mind the extant permission, the current proposal is not considered to result in any increased harm of the type detailed in this policy. The visual impact of the development on the character and appearance of the locality would be limited as it cannot be seen from any public view point or from the road due to the positioning in relation to the main dwelling and the extensive screening and landscaping provided on site.
7.2.4 Although the scale of the building would be greater than that approved, this would not be considered significant as it is only the width that is different when taking the dimensions provided on the plans and in the report. The siting of the proposed outbuilding would remain at a distance of 1m from the boundary wall as with the earlier scheme, and the existing courtyard style arrangement would remain as the building would be in a comparable position to the existing garage and shed.
7.2.5 With regard to the loss of the additional building, this does not appear to provide any visual enhancement to the site or wider locality, and again can only truly be seen from privately owned land. Its loss would not be objectionable.
7.2.6 All other elements of the proposal were previously considered acceptable and there is no reason in policy terms to change this view, particularly as the relevant policies remain in place and the submission LDP seeks to follow the same agenda in terms of design and impact on the locality.
7.2.7 No objections have been received from consultees in terms of design, although the Conservation Officer has recommended a number of conditions to ensure the materials are suitable. As discussed below, these are considered reasonable.
Agenda Item no. 5 Page 128 / 147 7.3 Impact upon Historic Interest of the Listed Building
7.3.1 The site forms part of the setting of a Grade II* listed building. Therefore both the Conservation Officer and English Heritage have been consulted. Both have taken into consideration the approved scheme at the site and the differences proposed between that and the current scheme. No objections to the proposal have been received from either consultee, with the Conservation Officer requiring specific conditions to be included. English Heritage notes the increase in size of the development and has stated that it does not believe this would materially alter the impact of the proposal.
7.3.2 Policy BE16 of the local plan, D3 of the Submission LDP and core planning principles and guidance in the NPPF all seek to ensure that the setting of listed buildings and historic assets are suitably preserved. On the basis of the consultation responses from English Heritage and the Conservation Officer it is considered that no harm would result above that of the approved scheme. Consequently there are considered to be no conflicts with these policies.
7.3.3 It is noted that conditions are recommended by the Conservation Officer regarding materials. These are considered essential in protecting the setting of this listed building and its special characteristics and historic interest.
7.4 Effect upon Neighbouring Properties
7.4.1 Policy BE1 requires consideration of the impact of development on the amenity of neighbouring occupiers. There are no neighbouring occupiers immediately adjacent to this site at present although it is acknowledged that the adjacent site has been graned planning permission in 2013 (12/00417/FUL, 12/00418/LBC, 11/00563/FUL and 11/00564/LBC) for the conversion and extension of the coach house to create a dwelling.
7.4.2 In this respect, these earlier approved applications have not yet been implemented and conditions have not been discharged. The decision for the most recent application submitted in 2014 has also not been issued as the council is the process of agreeing a section 106 legal agreement as part of that decision. Therefore, the building is not yet in use for residential purposes although it could be in the future.
7.4.3 Notwithstanding this the proposed building is a single storey structure. It is no higher than the building that has already been approved on this site and in this position. The council considered in the earlier application that there would be no impact on the coach house particularly in terms of outlook as views from the coach house would remain of the existing wall. This remains the case in the current application. The elevation of the coach house at Wickham Place Farm facing the application site and this wall currently has no habitable windows in it, and as part of the approved schemes for its conversion, has only doors and hallway windows facing the site and this wall. This would not raise concerns regarding overlooking or loss of privacy. Equally, there are no windows on the rear elevation of the proposed outbuilding and the existing wall would prevent views being obtained between the two plots.
7.4.4 In addition, the roof also slopes away from the coach house towards Wickham Place itself and so the building by reason of its design would not be considered imposing. No concerns were previously raised regarding overlooking, loss of light, outlook or
Agenda Item no. 5 Page 129 / 147 privacy, to the neighbouring property and the current proposal would equally be considered to have no material or detrimental impact having regard to the change between the two schemes.
7.4.5 Whilst an objection has been received in relation to this point, it is considered that there would be no increase impact on the amenity of neighbouring occupiers.
7.5 Access, Parking & Highway Safety
7.5.1 Access arrangements would not be affected by this proposal. The site would retain sufficient space for parking of additional vehicles if required and 3 parking spaces are provided within the garage. This would be considered acceptable.
7.6 Nature Conservation and landscaping
7.6.1 The proposal would require the loss of a silver birch tree. The tree officer has therefore been consulted to consider this element of the application. It has been advised that there are no concerns regarding the loss of the silver birch tree. However, on the driveway into the site there are a number of mature trees that could be affected by development traffic. A condition has therefore been recommended to ensure the protection of these trees during the construction period. This condition is considered to be reasonable as the trees at the front of the site are an important part of the setting of the listed building and the character and appearance of the area. Therefore it is essential that there mature trees are not affected by this development or the associated activity.
7.6.2 The Countryside and Coast Officer has been consulted. No objections have been raised regarding the proposal subject to the ivy which is on the existing buildings being removed outside of the bird nesting season which is normally considered to be from the 1st March to the end of August each year. In addition, bats occasionally roost in dense ivy so care should be taken and, in the event that any bats are discovered, work should stop immediately and advice should be sought from an ecologist or from the Bat Conservation Trust.
7.7 Other Considerations
7.7.1 Various comments have been provided relating to the dispute between neighbours, comments on the earlier application at the adjacent site and the use of adjacent buildings. These are not relevant to the assessment of this current application on its planning merits. Any disputes are dealt with outside of the planning regime.
7.7.2 Comparisons are made in the letter of objection between the current proposal and development at the neighbouring plot. These developments are entirely different and cannot be compared. The professional opinions of the Conservation Officer and English Heritage have been received and taken on board.
7.7.3 Reference is made to inaccuracies on the plans including measurements. However, the plans clearly state that measurements should not be taken and that dimensions shown should be taken. The council has used these measurements as provided within the application. Any permission would require the development to be built in accordance with the approved plans and the dimension given.
Agenda Item no. 5 Page 130 / 147 7.7.4 It is also stated that the garage would be 5m from the neighbours “dwelling”. However, the development approved at the adjacent site has not been implemented. The coach house, at present, remains as an ancillary building and not the principal dwelling at that site. Even if the development were to be implemented, once conditions have been complied with, the distance between the two buildings is no difference to what was approved in the earlier application and, as outlined above, there are no concerns regarding impact on neighbouring amenity.
7.7.5 A number of conditions have been recommended by the Conservation Officer. In addition, detailed conditions were also attached to the previous approved scheme. These conditions are all relevant to this current application and therefore are incorporated into this recommendation where appropriate. A condition has also been recommended and included regarding the protection of trees on the site. Although this was not included in the earlier application, it is a very relevant consideration as the trees particularly towards the front of the site and adjacent to the access form a fundamental part of the setting of the listed building and also the wider character and appearance of the area.
7.8 Conclusions
7.8.1 Having regard to the earlier approved development at this site, in addition to the consultation responses received, the proposal is considered acceptable. Relevant national and local policies (current and emerging) have been considered and the development would appear to be consistent with the requirements of them. The application is therefore recommended for approval subject to conditions as outlined below.
Recommendation
APPROVE 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(1) of The Town & Country Planning Act 1990 (as amended). 2 The development hereby permitted shall be carried out in complete accordance with the approved drawings specifically referenced on this decision notice as well as the submitted detailed specifications. REASON: To ensure that the development is carried out in accordance with the details as approved. 3 The building hereby permitted shall only be used for those purposes ancillary and incidental to the use of the dwelling house to which it relates and not for any commercial or business purpose or for any overnight sleeping purposes. REASON: To protect the amenities of the occupants of neighbouring dwellings in accordance with policy BE6 of the adopted Maldon District Replacement Local Plan. 4 With the exception of the silver birch that has been identified for removal as part of this application, no other trees within the site shall be felled, cut back, damaged or removed, unless otherwise first agreed in writing with the local planning authority. No development shall commence until information has been submitted and approved in writing by the Local Planning Authority in accordance with the requirements of BS5837:2012 in relation to tree retention and protection as follows:
Agenda Item no. 5 Page 131 / 147 Tree survey detailing works required; Trees to be retained; Tree retention protection plan; Tree constraints plan; Arboricultural implication assessment; Arboricultural method statement (including drainage service runs and construction of hard surfaces). 5 No development shall commence until fencing and ground protection to protect the trees shall be erected, details to be submitted and approved as per BS5837:2012, and ground protection has been erected details of which shall have been submitted to the local planning authority for written approval. The ground protection shall be laid as per Arboricultural method statement in accordance with British Standard BS5837:2012 (Trees in relation to construction) unless otherwise agreed in writing. The protective fencing and ground protection shall be erected before the commencement of any clearing, demolition and building operations and shall be retained until all equipment, machinery and surplus materials have been removed from the site. If within five years from the completion of the development an existing tree is removed, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, a replacement tree shall be planted within the site of such species and size and shall be planted at such time, as specified in writing by the local planning authority. REASON: In order to ensure the protection of impotent landscape features at the site in accordance with policies BE1 and CC6 of the adopted Maldon District Replacement Local Plan and policies D1 and N2 of the Submission Local Development Plan.
INFORMATIVES 1 In connection with the condition of this planning permission, Arboricultural Practice Note No.12 [Through Trees to Development published by The Arboricultural Advisory and Information Service] also provides information and guidance on development within the root protection area of a tree. 2 The ivy that is attached to the garage and pool house should not be removed from the buildings outside of the bird nesting season which is normally considered to be from the 1 March to the end of August each year. Any advice on this can be obtained from the Countryside and Coast Officer (Roy Read) on 01621 854477. 3 If the ivy is removed this should be done with care as bats can sometimes be found in dense ivy. In the event that any bats are discovered, work should stop immediately and advice should be sought from an ecologist or from the Bat Conservation Trust.
POSTIVE AND PROACTIVE STATEMENT Town and Country Planning (Development Management Procedure) (England) (Amendment No.2) Order 2012 - Positive and Proactive Statement: The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.
Agenda Item no. 5 Page 132 / 147 Agenda Item no. 5 Page 133 / 147 NW6 Application Number LBC/MAL/14/00484 Location Wickham Place Station Road Wickham Bishops Essex Proposal Demolish post-war garage outbuilding and lean to shed. Replace with sensitively designed single storey outbuilding for pool plant, garaging and storage. Refurbish garden room to walled swimming pool area. Applicant Mr & Mrs Peter Spalding Date Valid 12 May 2014 Target Date 7 July 2014 Case Officer Samantha Gibbs, TEL: 01621 875861 Parish WICKHAM BISHOPS
1. Introduction
1.1 This application is brought to the North Western Area Planning Committee for determination as Officers have a view contrary to that of the Parish Council.
2. Site Description
2.1 The application site is located outside of the settlement boundary off the north eastern side of Station Road. The site relates to a large estate house Wickham Place which is a Grade II* Listed Building. It is an eighteenth century house which is surrounded by a complex of Georgian structures which are also grade II Listed. The site also contains an old garage structure adjacent to the northern boundary of the site in close proximity to the main dwelling.
2.2 Adjacent to the site is Wickham Place Farm to the west. This site was formally separated from Wickham Place in 1948. The buildings at this adjacent site are Grade II Listed.
3. The Proposal
3.1 Following the grant of planning permission under reference HOUSE/MAL/12/00149 and LBC/MAL/00150, the current proposal seeks to listed building consent for the provision of a single storey outbuilding for pool plant, garaging and storage. Refurbishments are also proposed to the walled swimming pool area. The proposal is an amendment to this earlier extant permission. A concurrent full planning application is currently pending consideration.
3.2 The existing garage outbuilding would be demolished as part of this proposal as would the existing breeze block shed, and the new structure would be provided in a comparable location. This would measure 18.2m in width and a maximum of 6.16m in depth. The building would have a height of 5.2m to the ridge.
3.3 The building would contain a pool plant store and wc/shower room adjacent to the existing garden room (south western elevation), a garden machinery store/ workshop, three car bays and a garden equipment store. The three parking bays would be 3.2m
Agenda Item no. 5 Page 134 / 147 wide with the garden machinery and garden equipment store both measuring 2.9m in width.
3.4 The proposal would also include the refurbishment of the existing garden room by replacing the corrugated plastic roof with a slate roof, providing new glazed patio doors in the garden room, a slight raise in the height of the modern walls of this building, re-rendering, and internal fixtures and fittings provided. A new entrance would be created in the existing listed wall adjacent to the garden room and proposed garage.
3.5 Additional supporting information was provided by the applicant during the process of in response to a letter of objection that had been received.
4. Relevant Planning History The following applications are most applicable to this current application: HOUSE/MAL/12/00149 - Demolish outbuilding and replace with single storey outbuilding for pool plant, garaging and storage. Refurbish garden room to walled swimming pool area. Approved 12.04.2012 LBC/MAL/12/00150 - Demolish outbuilding and replace with single storey outbuilding for pool plant, garaging and storage. Refurbish garden room to walled swimming pool area. Approved 12.04.2012 FUL/MAL/14/00483 - Demolish post-war garage outbuilding and lean to shed. Replace with single storey outbuilding for pool plant, garaging and storage. Refurbish garden room to walled swimming pool area. Pending consideration
The following planning history relates to the site: FUL/MAL/90/00688 – Change of use of existing two dwellings and outbuildings to 25 bedroom hotel and associated works, withdrawn 09.10.1990 LBC/MAL/90/00689– Change of use of existing two dwellings and outbuildings to 25 bedroom hotel and associated works, withdrawn 09.10.1990 OUT/MAL/90/00765 – 18 hole golf course with clubhouse and ancillary buildings including a septic tank, refused 11.03.1991 FUL/MAL/90/00975 – Change of use and alterations to two dwellings and ancillary building to 24 bed hotel, refused 11.03.1991 LBC/MAL/90/00976 - Change of use and alterations to two dwellings and ancillary building to 24 bed hotel, refused 11.03.1991 FUL/MAL/93/00327 – Alterations and extension to existing building, approved 21.09.1993 LBC/MAL/93/00328 – Alterations and extension to existing building, approved 21.09.1993 LBC/MAL/95/00326 – Demolition of ground floor bathroom extension, removal of existing staircase together with formation of new stair and new bathroom, approved 15.08.1995 FUL/MAL/97/00178 – Formation of new entrance piers and gates, approved 24.04.1997
Agenda Item no. 5 Page 135 / 147 5. Consultation Replies
Parish Council Wickham Bishops Parish Council – Object: since the previous successful application in 2012 there have been subsequent changes to the neighbouring property. The potential for overlooking of the neighbouring property is now apparent and exacerbated by the increased length of this proposal. The Council therefore considers the proposal to be contrary to LDP Policy D1
External English Heritage – Consider the proposal to be acceptable. English Heritage considered the previous scheme to be acceptable in principle, and does not consider the increased size of the building now proposed would materially alter the impact of the proposed building.
Internal Conservation Officer – No objection subject to conditions (materials; rainwater goods; samples; garage doors). The existing garage block is a negative structure within the curtilage of the listed building and its demolition is supported. Replacement with a high quality garage block suitably and appropriately designed will not cause harm to the setting of the heritage assets.
6. Letters of Representation
Letters of Objection: Terry & Judith Wilson Wickham Place Farm Station Road Wickham Bishops
Main reasons for Objection: Various comments regarding a neighbour dispute between the two land owners. Adjacent property granted permission for extension and conversion of coach house into a dwelling, objections were received. The coach house is not an outbuilding as referred to into the application as permission has been granted for its conversion. No need for an increase in height of the garage in the future – any works would affect the converted coach house. No expansion of what the errors were in the previous application. Increase in width is not the only change. Incorrect to state that the building would not be visible from the highway. Design and mass are wrong – is the size of a pair of semi detached dwellings. Materials are wrong – should be red brick or weatherboarding. Neighbours own 400 yards of listed wall, applicant owns 12 yards, horrified to see a doorway knocked through it. Surprised that English Heritage and the Conservation Officer did not object as both raised a strong objection to the neighbour’s development.
Agenda Item no. 5 Page 136 / 147 Main reasons for Objection continued - The applicant should be directed to change the development including lowering the height, moving the block further from the boundary, erect a garden shed elsewhere, restore the listed wall and not make an access through it, respect the space and integrity of the listed buildings. Copy of applicant’s objection to neighbouring development produced. Loss of light and overshadowing will occur. Various errors in the application relating to inaccuracies on plans (examples given) showing siting of existing buildings in the 2012 application. Current plans are smaller than the measurements shown and plans do not show correct location of the coach house. Coach house windows would be obscured by the proposed outbuilding.
Letters of Support: Robert Gore The Cottage Wickham Place Station Road
Main reasons for Support: Improve the appearance of the yard and reinstate and attractive traditional courtyard. Site needs the proposed facilities. Natural position for the proposed building. Support proposal to widen garages by 30cm. Proposal will not impact on the coach house at Wickham Place Farm, or the privacy and outlook of neighbours as windows are for hallways and not rooms and are only at ground floor level. Privacy of The Cottage at Wickham Place will be compromised once the coach house is converted at the adjacent site Welcome the removal of the post war shed as it is unusable and falling apart Removal of the shed would create a parking space for The Cottage
7. Assessment of Proposal
Policy Issues
(i) Relevant Development Plan Policies Adopted Maldon District Replacement Local Plan BE1 Design of New Development and Landscaping. BE16 Extensions, Alterations to and Additional Buildings within the Curtilage of Listed Buildings.
(ii) Maldon District Local Development Plan The Maldon District Local Development Plan was submitted to the Secretary of State for Examination-in-Public on 25 April 2014. The Council is seeking to progress the Examination-in-Public process as quickly as possible in order to adopt the Plan at the earliest possible opportunity. The Local Development Plan (incorporating minor modifications) and associated evidence base as submitted to the Secretary of State is a Agenda Item no. 5 Page 137 / 147 material consideration in the determination of planning applications. The following policies are considered relevant to this application: D1 Design Quality and Built Environment. D3 Conservation and Heritage Assets.
(iii) Government Guidance The National Planning Policy Framework (NPPF)
7.1 Principle of Development and Relevant History
7.1.1 The principle of development has already been established at this site for the development. The only difference between the earlier approved applications reference HOUSE/MAL/12/00149 and LBC/MAL/00150, which remain extant, is that the width of the proposed structure would be increased from 16.9m to 18.2m. This increase, amounting to 1.3m is accommodated mainly by the increased width of the 3 garage bays in the centre of the building. The demolition of the additional shed is also proposed. From a comparison of the current and extant schemes, all other elements of the proposal appear to be the same as the earlier approved application.
7.1.2 This assessment therefore must focus on the differences between the extant permission and the current proposal, in order to assess its impact and suitability in relation to policy requirements.
7.2 Impact upon Historic Interest of the Listed Building
7.2.1 Policy BE16 of the local plan, D3 of the Submission LDP and core planning principles and guidance in the NPPF all seek to ensure that the setting of listed buildings and historic assets are suitably preserved.
7.2.2 The site forms part of the setting of a Grade II* listed building. Therefore both the Conservation Officer and English Heritage have been consulted. Both have taken into consideration the approved scheme at the site and the differences proposed between that and the current scheme. No objections to the proposal have been received from either consultee, with the Conservation Officer requiring specific conditions to be included. English Heritage notes the increase in size of the development and has stated that it does not believe this would materially alter the impact of the proposal.
7.2.3 It is noted that the Conservation Officer has recommended conditions regarding materials. These are considered essential in protecting the setting of this listed building and its special characteristics and historic interest.
7.2.4 Bearing in mind the extant permission, the current proposal is not considered to result in any increased harm of the type detailed in the above mentioned policies. Although the scale of the building would be greater than that approved, this would not be considered significant as it is only the width that is different when taking the dimensions provided on the plans and in the report. The existing courtyard style arrangement would remain as the building would be in a comparable position to the existing garage and shed.
Agenda Item no. 5 Page 138 / 147 7.2.5 With regard to the loss of the shed, this does not appear to provide any visual enhancement to the site or wider locality, and again can only truly be seen from privately owned land. Its loss would not be objectionable.
7.2.6 No objections have been raised regarding any other element of the development, all of which were approved in the previous scheme, including the creation of an access way through the listed wall.
7.2.7 Taking these considerations and consultation responses into account, the proposal is considered to have no detrimental impact on the setting of the listed building and would fall in line with the aforementioned policies.
7.3 Other Considerations
7.3.1 Various comments have been provided relating to the dispute between neighbours, comments on the earlier application at the adjacent site and the use of adjacent buildings. These are not relevant to the assessment of this current application on its planning merits. Any disputes are dealt with outside of the planning regime.
7.3.2 Comparisons are made in the letter of objection between the current proposal and development at the neighbouring plot. These developments are entirely different and cannot be compared. The professional opinions of the Conservation Officer and English Heritage have been received and taken on board.
7.3.3 Reference is made to inaccuracies on the plans including measurements. However, the plans clearly state that measurements should not be taken and that dimensions shown should be taken. The Council has used these measurements as provided within the application. Any permission would require the development to be built in accordance with the approved plans and the dimension given.
7.3.4 It is also stated that the garage would be 5m from the neighbours “dwelling”. However, the development approved at the adjacent site has not been implemented. The coach house, at present, remains as an ancillary building and not the principal dwelling at that site. Even if the development were to be implemented, once conditions have been complied with, the distance between the two buildings is no different to what was approved in the earlier application and, as outlined above, there are no concerns regarding impact on neighbouring amenity.
7.3.5 A number of conditions have been recommended by the Conservation Officer. In addition, detailed conditions were also attached to the previous approved scheme. These conditions are all relevant to this current application and therefore are incorporated into this recommendation where appropriate.
7.4 Conclusions
7.4.1 Having regard to the earlier approved development at this site, in addition to the consultation responses received, the proposal is considered acceptable. Relevant national and local policies (current and emerging) have been considered and the development would appear to be consistent with the requirements of them. The application is therefore recommended for approval subject to conditions as outlined below.
Agenda Item no. 5 Page 139 / 147 Recommendation
APPROVE 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 18(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended). 2 The development hereby permitted shall be carried out in complete accordance with the approved drawings specifically referenced on this decision notice as well as the submitted detailed specifications. REASON: To ensure that the development is carried out in accordance with the details as approved. 3 Prior to the commencement of the development full details of the new brickwork, including brick type, the bond, mix and colour of the mortar and joint profile shall be submitted to and approved in writing by the local planning authority. This shall also include details of the colour, finish and composition of the render to be used. The development shall be carried out in accordance with the details as approved. REASON: To ensure the use of appropriate details to safeguard the character and appearance of the locality in accordance with policies BE1 and BE16 of the adopted Maldon District Replacement Local Plan and policies D1 and D3 of the Submission Local Development Plan. 4 Prior to the commencement of the development large scale drawings at 1:20 scale shall be submitted to show all new window frames, external doors and door frames including sections through the head, jamb, cill and glazing bars. The development shall be carried out in accordance with the approved details and retained as such thereafter. REASON: To ensure the use of appropriate details to safeguard the character and appearance of the locality in accordance with policies BE1 and BE16 of the adopted Maldon District Replacement Local Plan and policies D1 and D3 of the Submission Local Development Plan. 5 The roof of the garden room shall be covered in natural slate only and retained as such thereafter. REASON: To ensure the use of appropriate details to safeguard the character and appearance of the locality in accordance with policies BE1 and BE16 of the adopted Maldon District Replacement Local Plan and policies D1 and D3 of the Submission Local Development Plan. 6 Prior to the commencement samples of the roof and ridge coverings to be used for the development hereby approved shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and retained as such thereafter. REASON: To ensure the use of appropriate details to safeguard the character and appearance of the locality in accordance with policies BE1 and BE16 of the adopted Maldon District Replacement Local Plan and policies D1 and D3 of the Submission Local Development Plan. 7 The garage doors shall be side hung and constructed in vertically boarded timber with a painted finish. No development shall commence until details of the proposed ironmongery have been submitted to and approved in writing by the local planning. The development shall be carried out in accordance with the approved details and retained as such thereafter.
Agenda Item no. 5 Page 140 / 147 REASON: To ensure the use of appropriate details to safeguard the character and appearance of the locality in accordance with policies BE1 and BE16 of the adopted Maldon District Replacement Local Plan and policies D1 and D3 of the Submission Local Development Plan. 8 All rainwater goods shall be of cast metal with a black painted finish unless otherwise agreed in writing by the local planning authority and retained as such thereafter. REASON: To ensure the use of appropriate details to safeguard the character and appearance of the locality in accordance with policies BE1 and BE16 of the adopted Maldon District Replacement Local Plan and policies D1 and D3 of the Submission Local Development Plan.
Agenda Item no. 5 Page 141 / 147 Agenda Item no. 5 Page 142 / 147 NW7 Application Number LBC/MAL/14/00487 Location Tyndales Southend Road Woodham Mortimer Maldon Proposal Single storey side extension to existing Grade II listed detached dwelling. Applicant Mr Stuart & Mrs Louise Middleton Agent Mr Mark Crocker Date Valid 9 May 2014 Target Date 4 July 2014 Case Officer Anne Cook, TEL: 01621 875822 Parish WOODHAM MORTIMER
1. Introduction
1.1 This application has been brought to the North Western Area Committee as Officers have a view contrary to that of Woodham Mortimer Parish Council.
2. Site Description
2.1 The site is within the settlement of Woodham Mortimer and is located on the north side of Southend Road. The site is occupied by a substantial Grade II listed building that dates from the early seventeenth century. A lean-to was added to the rear elevation during the late Georgian period and two extensions were added to the eastern end during the late twentieth century. The existing extensions have caused minimal harm to the special character of the historic building and several early seventeenth century features of interest have been retained.
3. The Proposal
3.1 The proposal seeks to construct a single storey side extension to the west elevation to accommodate a kitchen and lobby/utility room and is similar in scale to applications approved in 2003 (LBC/MAL/03/00498 and FUL/MAL/03/00497).
3.2 The proposal also seeks to create one new opening in an existing external wall that will become an internal wall.
3.3 The proposed extension would extend from the side of the property by 4.72m and would measure 6.52m deep with an overall floorspace of 30.71m2. The proposal incorporates a parapet roof measuring 3.6m in height.
3.4 A sash window is proposed at the front and rear elevation and a single door is proposed to the side elevation.
3.5 The proposed materials are to match existing where applicable.
Agenda Item no. 5 Page 143 / 147 4. Relevant Planning History 03/00497/FUL - Single storey side extension. Approved 17/06/2003 (not implemented). 03/00498/LBC - Single storey side extension. Approved 17/06/2003 (not implemented). 08/01134/LBC - Refurbishment of bathroom. GLB 08/12/2008. 08/01145/LBC - Install underfloor heating to entrance hall. Approved 16/12/2008. 11/00929/LBC - Retrospective application for partition wall with doorway in new extension to create 2 separate rooms. GLB 20/12/2011. 13/01015/HOUSE & 13/01018/LBC - Single storey side extension to existing Grade II listed detached dwelling with associated alterations to existing fabric (3 No. openings in existing walls). Refused 02.01.2014.
5. Consultation Replies
Parish Council Woodham Mortimer with Hazeleigh Parish Council – Object as the proposed extension appears not to be in keeping with the character of the existing dwelling and would give an aesthetically unbalanced appearance to the property.
Internal Conservation Officer – No objection subject to conditions.
6. Letters of Representation
6.1 None received at the time of writing.
7. Assessment of Proposal
Policy Issues
(i) Relevant Development Plan Policies Adopted Maldon District Replacement Local Plan BE1 Design of New Development and Landscaping. BE16 Extensions, alterations to and additional buildings in the curtilage of listed buildings.
(ii) Maldon District Local Development Plan The Maldon District Local Development Plan was submitted to the Secretary of State for Examination-in-Public on 25 April 2014. The Council is seeking to progress the Examination-in-Public process as quickly as possible in order to adopt the Plan at the earliest possible opportunity. The Local Development Plan (incorporating minor modifications) and associated evidence base as submitted to the Secretary of State is a material consideration in the determination of planning applications.
Agenda Item no. 5 Page 144 / 147 The following policies are considered relevant to this application: D1 Design Quality and Built Environment. D3 Conservation and Heritage Assets. S8 Settlement Boundaries and the Countryside.
(iii) Government Guidance The National Planning Policy Framework (NPPF).
7.1 Relevant history
7.1.1 This application follows a previously refused planning application of an enlarged version of this scheme. Prior to that application a small single storey extension was approved but was not implemented.
7.2 Principle of Development
7.2.1 It is important to have special regard to the desirability of preserving the building, its setting or any features of special architectural or historic interest. These requirements are found in policy BE16 of the local plan and are supported by the NPP which seeks to protect heritage assets. The submitted Local Development Plan (LDP) policy D3 reflects the nature of the NPPF and current policies of the local plan.
7.2.2 In order for the principle of development to be acceptable, it is essential that these requirements are fulfilled and the design of the development is acceptable for the locality in accordance with policy BE1 of the local plan, policy D1 of the submitted LDP and core planning principles and guidance within the NPPF.
7.3 Scale and Design
7.3.1 The proposal seeks to construct a single-storey side extension to the west elevation and is similar in scale to the scheme approved in 2003 which was not implemented. The proposal is considerably smaller than the proposal submitted in 2013 (LBC/MAL/13/01018) which was refused on the basis of the potential loss of original historic fabric and the incongruous relationship with the main dwellinghouse.
7.3.2 The design of the proposed sash windows will match the existing sash window that will be removed from the rear elevation.
7.3.3 Materials are to match the existing dwellinghouse.
7.4 Impact upon Historic Interest of Listed Building
7.4.1 The Conservation Officer has been consulted in respect of this proposal. The proposal incorporates a parapet across the top of the side elevation. This would have the benefit of concealing the partially flat roof which would otherwise appear as a squat and awkward device, but is necessary to avoid intrusion on the first floor windows. The previously refused scheme proposed a front parapet ramped at both ends which made the extension appear “busy” in contrast to the restrained detailing of the rest of the house. The current proposal would have an unassuming presence and would not compete with the primacy of the principal elevation. Agenda Item no. 5 Page 145 / 147 7.4.2 The proposed internal changes no longer seek to create openings in the walls of the original house so there will be no loss of important historic fabric.
7.5 Effect upon Neighbouring Properties
7.5.1 The development does not result in any material harm being caused to the amenity of neighbouring occupiers and is in accordance with policy BE1 of the local plan.
7.6 Other Considerations
7.6.1 The Parish Council objection to this application is acknowledged. The proposal is similar in scale to the scheme approved in 2003 and would not cause harm to the significance of the listed building.
7.7 Conclusion
7.7.1 Subject to conditions advised by the Conservation Officer, the proposal is considered acceptable.
Recommendation
APPROVE 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 18(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended). 2 The development hereby permitted shall be carried out in complete accordance with the approved drawings specifically referenced on this decision notice as well as the submitted detailed specifications which forms part of this permission. REASON: In order to ensure that the development is carried out in accordance with the approved details and in accordance with policy BE1 of the adopted Maldon District Replacement Local Plan and emerging policy D1 of the Pre-Submission Local Development Plan. 3 Prior to the commencement of the development large scale drawings [1:20] shall be submitted to and approved in writing by the local planning authority to show elevations of all new windows and doors. The development shall be carried out in accordance with the approved details and retained as such thereafter. REASON: To ensure the use of appropriate details to protect the architectural and historic value of the building in accordance with policy BE16 of the adopted Maldon District Replacement Local Plan. 4 Prior to the commencement of the development large scale drawings [1:2] shall be submitted to and approved in writing by the local planning authority to show section details including glazing bars, head, cills and jambs. The development shall be carried out in accordance with the approved details and retained as such thereafter. REASON: To ensure the use of appropriate details to protect the architectural and historic value of the building in accordance with policy BE16 of the adopted Maldon District Replacement Local Plan. 5 Prior to commencement of development samples of bricks and clay plain tiles shall be submitted to and approved in writing by the local planning authority. The
Agenda Item no. 5 Page 146 / 147 development shall be carried out in accordance with the approved details and retained as such thereafter. REASON: To ensure the use of appropriate details to protect the architectural and historic value of the building in accordance with policy BE16 of the adopted Maldon District Replacement Local Plan. 6 Prior to commencement of development samples of stone to be used in the window cills and parapet capping shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and retained as such thereafter. REASON: To ensure the use of appropriate details to protect the architectural and historic value of the building in accordance with policy BE16 of the adopted Maldon District Replacement Local Plan. 7 Bricks shall be laid in Flemish bond in off-white coloured mortar and flush pointing unless otherwise agreed in writing by the local planning authority. The development shall be carried out in accordance with the approved details and retained as such thereafter REASON: To ensure the use of appropriate details to protect the architectural and historic value of the building in accordance with policy BE16 of the adopted Maldon District Replacement Local Plan. 8 New windows shall be single glazed, face-puttied and painted timber unless otherwise agreed in writing by the local planning authority. The development shall be carried out in accordance with the approved details and retained as such thereafter REASON: To ensure the use of appropriate details to protect the architectural and historic value of the building in accordance with policy BE16 of the adopted Maldon District Replacement Local Plan. 9 All new rainwater goods shall be painted cast metal unless otherwise agreed in writing by the local planning authority. The development shall be carried out in accordance with the approved details and retained as such thereafter REASON: To ensure the use of appropriate details to protect the architectural and historic value of the building in accordance with policy BE16 of the adopted Maldon District Replacement Local Plan.
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