Planning Committee 17.01.2013 Application Reference: 12/00952/FUL

Reference: Site: 12/00952/FUL Baker Street Garage Baker Street Orsett RM16 3LJ

Ward: Proposal: Orsett Redevelopment of site for residential purposes, comprising 24 dwellings with associated garages and landscaping and new access onto Baker Street (amendments to planning application 10/00675/FUL comprising: Plot 1-4 altered internal layouts; Plots 7 & 8 altered internal layouts; Plots 9-16 altered ground floor layout including windows and doors; Plots 17-21 altered ground floor layout including windows and doors and first floor windows amended; Plot 24 altered ground floor and change to windows and increase in depth of gardens on plats 6 - 17 inclusive)

Plan Number(s): Reference Name Received BS01-102 General 22nd October 2012 CE001 General 22nd October 2012 CE011 General 22nd October 2012 BS01-17 General 22nd October 2012 BS01-16 General 22nd October 2012 BS01-15 General 22nd October 2012 BS01-14 General 22nd October 2012 BS01-13 General 22nd October 2012 BS01-12 General 22nd October 2012 BS01-10 General 22nd October 2012 BS01-11 General 22nd October 2012 BS01-09 General 22nd October 2012 BS01-08 General 22nd October 2012 BS01-07 General 22nd October 2012 BS01-06 General 22nd October 2012 BS01-05 General 22nd October 2012 BS01-04 General 22nd October 2012 BS01-03 General 22nd October 2012 BS01-02 General 22nd October 2012 R1346/02 General 22nd October 2012 Planning Committee 17.01.2013 Application Reference: 12/00952/FUL

R1565/02 General 22nd October 2012 BS01-100 Location Plan 22nd October 2012 BS01-101 Location Plan 22nd October 2012 BS01-G100 General 22nd October 2012 BS01-6000 General 22nd October 2012 1305/01 General 22nd October 2012 TOPSOIL General Documents 22nd October 2012 ANALYSIS REPORT PLANNING General Documents 22nd October 2012 STATEMENT DESIGN AND General Documents 22nd October 2012 ACCESS ADDITIONAL General Documents 22nd October 2012 SITE INVESTIGATION CIVIL General Documents 22nd October 2012 ENGINEERING APPRAISAL NOISE SURVEY General Documents 22nd October 2012 & ASSESSMENT GROUND General Documents 22nd October 2012 INVESTIGATION REPORT ECOLOGICAL General Documents 22nd October 2012 ASSESSMENT GROUND General Documents 22nd October 2012 REPORT

The application is also accompanied by : - Design and Access Statement - Gas Trench mitigation Statement - Ground Investigation Report - Noise Survey and Assessment - Additional Site Investigation Report - Civil Engineering Appraisal

Applicant: Validated: Monsel Homes LTD 23 October 2012 Date of expiry: 22 January 2013 Planning Committee 17.01.2013 Application Reference: 12/00952/FUL

Case Officer: Jonathan Keen

The application is brought before Members due to the nature of the development, which was previously reported to Committee (10/00675/FUL).

1.0 DESCRIPTION OF PROPOSAL

1.1 Following the approval of planning application 10/00675/FUL in 2011, the development, comprising 24 residential units, garages and access, has commenced. Plots 1-5 are complete and a number of other plots are under construction.

1.2 Since the start of construction the developer has identified a number of changes they wish to make to the scheme. Given the number of changes it is appropriate to make a full planning application for the entire development so the changes can be considered in totality. The changes proposed comprise:

A) Plot 1-4 altered internal layouts; B) Plots 7 & 8 altered internal layouts; C) Plots 9-16 altered ground floor layout including windows and doors; D) Plots 17-21 altered ground floor layout including windows and doors and first floor windows amended; E) Plot 24 altered ground floor and F) Change to windows and increase in depth of gardens on plots 6 -17 inclusive.

2.0 SITE DESCRIPTION

2.1 The application relates to a site located on the eastern side of Baker Street (B188), at the southern end of a ‘ribbon’ of development along this side of the road. To the south of the site is the elevated A13. To the north there are three bungalows and beyond these an equestrian centre. On the opposite side of the road behind a belt of planting is open land used for grazing. To the rear is open land.

2.2 The site extends to some 0.7 hectares. The front part was previously used for car sales by the ‘Baker Street Garage’. The rear part of the site was previously been used by a vehicle recovery business known as D & G recovery.

3.0 RELEVANT HISTORY

3.1 10/00675/FUL: Redevelopment of site for residential purposes, comprising 24 dwellings with associated garages and landscaping and new access onto Baker Street: Approved 10.02.2011.

4.0 CONSULTATIONS AND REPRESENTATIONS

PUBLICITY:

4.1 The application has been advertised by way of individual neighbour letters. A public site notice has been displayed and a notice placed in the local newspaper.

Planning Committee 17.01.2013 Application Reference: 12/00952/FUL

Three letters have been received from members of the public and the comments made are summarised below:

- The level of car parking provision would not be sufficient for the number of units; - Impact of the properties on the privacy and amenity of neighbours; - Additional windows have been added to some of the dwellings that were not on the original plan; - Obscure glazing has not been installed as on the original plan; - Noise and disruption has been, and will be created during building works;

HIGHWAYS:

4.2 No objections.

ENVIRONMENTAL HEALTH:

4.3 No objections.

5.0 POLICY CONTEXT

PMD1 - Minimising Pollution and Impacts on Amenity PMD2 - Design and Layout PMD6 - Development in the Green Belt PMD8 - Parking Standards PMD9 - Road Network Hierarchy PMD16 - Developer Contributions

National Planning Policy Framework (NPPF)

6.0 ASSESSMENT

6.1 The principal issues to be considered in this case are:

1. Plan designation and principle of development. 2. Proposed changes from approved scheme. 3. Residential impacts. 4. Access and parking. 5. Infrastructure improvements (s.106 contribution) and Affordable Housing.

1. PLAN DESIGNATION AND PRINCIPLE OF DEVELOPMENT

6.2 The site is located in the Metropolitan Green Belt where strict controls exist over development, including the change of use of land. The principle of the redevelopment of the former garage site for 24 residential dwellings has been established by the approval of planning application 10/00675/FUL in 2011. The plans submitted in this application are identical to those previously approved save for the changes identified above and assessed below.

2. PROPOSED CHANGES FROM APPROVED SCHEME

6.3 A) Plot 1-4 (altered internal layouts) Planning Committee 17.01.2013 Application Reference: 12/00952/FUL

These plots have been completed and some are already occupied. The changes relate to internal divisions which are not considered to be significant and are acceptable in terms of design and amenity.

6.4 B) Plots 7 & 8 (altered internal layout)

These plots are currently under construction. The changes, which relate to the internal layout of the dwellings are not significant and are acceptable in terms of design and amenity.

6.5 C) Plots 9-16 (altered ground floor layout including and windows and doors)

Some of these plots are currently under construction. The changes, which relate to minor alterations to the ground floor layout and amended positions of windows and doors, are not considered significant. The changes are considered to be acceptable in terms of design and amenity and would not unduly affect nearby residents.

6.6 D) Plots 17-21 (altered ground floor layout including windows and doors and first floor windows amended)

Some of these plots are currently under construction. Plot 20 is closest to existing residential properties and the impacts of these changes upon neighbour amenity are considered below. The changes to the external appearance of the dwellings are considered to be acceptable in terms of design.

6.7 E) Plot 24 (altered ground floor and change to windows)

Plot 24 has yet to be constructed. The changes to the windows are not considered to be significant and are acceptable in terms of design and amenity.

6.8 F) Plots 6 -17 inclusive (Increase in depth of gardens)

The applicant seeks to enlarge the site beyond the boundaries of the previously developed garage site.

The dwellings would remain in the same location as that approved under planning application 10/00675/FUL however the rear gardens would be increased. The extent of the increase of land would be 2.6m along the southern and eastern boundaries. The additional area of land falls outside of the previously developed garage site and would therefore be on land which is part of the Green Belt.

6.9 The extension of domestic gardens into the Green Belt is not normally considered to be acceptable as the increased areas of garden usually lead to further domestication of the Green Belt which is harmful to the principle of including land in the Green Belt and also the character and openness of the Green Belt. Therefore, this element of the proposal represents inappropriate development within the Green Belt. In accordance with the guidance within the National Planning Policy Framework (NPPF) and Policy PMD6, consideration needs to be given to whether the harm caused by the development is clearly outweighed by other material considerations, so as to amount to Very Special Circumstances necessary justify the development.

Planning Committee 17.01.2013 Application Reference: 12/00952/FUL

6.10 The applicant has put forward the following reasons that they consider to be the Very Special Circumstances that would warrant a departure from policy being made.

i) The area of land is limited, being 2.5m along the rear of the site, and varying between 2m up to a maximum of 6m along the return to the A13 flyover. No development could take place in this area.

ii) The strip of land to be brought into the site is a large, contaminated bund, between the site and land owned by a third party. The applicant’s reports indicate that the bund comprises significant waste material including car parts and tyres which pose a risk of contamination. The applicant is proposing to remove the contaminated bund and move back the gas trench to avoid contamination leaching out. This area cannot be planted in the future which will keep it open.

iii) The remainder of the development will be difficult to construct if the land cannot be used and the finical position is very tight. Allowing the use of the land will facilitate the completion of the development, the removal of the contaminated land and completion of the development is considered to be of a benefit to the character and appearance of the Green Belt.

6.11 Consideration of very special circumstances

i) The area of land proposed to be included is distant from all the properties (with the exception of Plot 17). As such the extended area of land could not be used for extensions to the dwellings and would remain open garden area; a condition restricting the extension of the properties or provision of outbuildings in these areas could be imposed to protect the openness of the Green Belt.

ii) The additional remediation of this land would have a positive affect on the area, through the removal of an area of contaminated land and the provision of a new gas trench. The mitigation of risk associated with the contamination is an important consideration and the remediation of the land, with the costs borne by the developer, is considered to be beneficial to the wider area and this rural environment.

iii) The application site is currently in the process of construction. The limited extension of the site area would allow the completion of the development and consequent improvement of the appearance of this former garage site which was previously considered to represent very special circumstances by the Council.

6.12 Individually, the three reasons put forward above would not be considered to be enough to allow an exception to Green Belt policy. However, collectively and subject to conditions, it is not considered that the proposed extension of the gardens would be of such harm that a refusal of permission could be substantiated.

3. RESIDENTIAL IMPACTS

Planning Committee 17.01.2013 Application Reference: 12/00952/FUL

6.13 The report on the previous application indicated that it was not considered that the proposals would be harmful to the privacy or amenity of neighbouring occupiers. The existing property upon which the development has most impact is Mangrove, which faces onto Baker Street and adjoins Plot 1; flank to flank; and Plot 20; flank to rear of Mangrove.

6.14 Plot 1 is at some distance from Mangrove with an intervening garden between. The flank of No 20 faces the back of Mangrove. A change has been proposed the flank elevation of this property which includes a new window at ground floor level in the flank elevation. The ground floor window is a secondary window to a large living area, this room also has significant areas of glazing to the rear. For this reason, it is not considered unreasonable to require the ground floor window to be obscure glazed and fixed shut to protect the amenities of the occupiers or Mangrove. Two first floor flank windows are also proposed which serve a bathroom and an ensuite facility. These windows should be fitted with obscure glazing and have opening top windows only. In addition, the site would also be enclosed by a 1.8m close boarded fence to protect the privacy of these occupiers.

6.15 Subject to the above, the proposals are considered to satisfy the relevant criteria of Policies PMD1 and PMD2 of the Core Strategy.

4. ACCESS AND PARKING

6.16 The application proposes the same level of parking as the previous scheme. The Highways Engineer has raised no objection to the level of parking provision. Whilst the comments from the neighbour in relation to parking are noted, given the current proposal is so similar to the previously approved scheme an objection on parking could not be substantiated in this instance. Policy PMD8 is therefore satisfied.

5. INFRASTRUCTURE IMPROVEMENTS (S.106 CONTRIBUTION) AND AFFORDABLE HOUSING

6.17 The development proposed is substantially the same as that approved in 2011. The applicant completed a legal agreement to accompany that application. It is acknowledged that since the last agreement was completed Cabinet approved a report in relation to financial contributions which indicated that the Council would adopt the Thames Gateway Development Corporation Planning Obligations Strategy as interim policy pending the adoption of the Council’s Community Infrastructure Levy Charging Schedule.

6.18 Notwithstanding the above, due to the fact that the principle of the scheme and number of units remains the same, it is not considered appropriate or reasonable to ask the applicant to sign up to the new strategy. A new agreement will be completed to ensure the provision of contributions in line with the previously agreed amounts.

6.19 The applicant has indicated they are willing to complete such an agreement.

7.0 CONCLUSIONS AND REASON(S) FOR APPROVAL

7.1 Given previous approvals on site the principle of the development for 24 dwellings is considered to be acceptable.

Planning Committee 17.01.2013 Application Reference: 12/00952/FUL

7.2 The changes to the dwellings are considered to be acceptable in design and amenity terms.

7.3 Individually the matters put forward in relation to the increase in the garden sizes would not be enough to overcome the in principle objections, however collectively they are considered to amount to very special circumstances.

8.0 RECOMMENDATION

a) The Head of Planning and Transportation be authorised to Grant planning permission, subject to the following:

The completion of a satisfactory Legal Agreement requiring financial contribution toward local education facilities and the following conditions:

Condition(s):

1 The development hereby permitted must be begun not later than the expiration of 3 years from the date of this permission.

REASON: In order to comply with Section 51 of the Planning and Compulsory Purchase Act 2004.

2 The materials to be used in the construction of the external surfaces of the building(s) hereby permitted shall be strictly in accordance with the details shown on the approved plans and those which have been previously agreed under application 11/00654/CONDC.

REASON: To ensure that the proposed development does not prejudice the appearance of the locality.

3 The final ground level of the site and the finished floor level of the building(s) hereby permitted shall be carried out strictly in accordance with the details approved under reference 11/00654/CONDC.

REASON: To determine the scope of this permission and safeguard the character of the immediate area and amenity of neighbouring properties.

4 The scheme of fences, walls, gates or other means of enclosure in and around the site (including the main access gate) shall only be undertaken in accordance with the details approved under reference 11/00654/CONDC

REASON: To safeguard the character of the locality and in the interests of privacy.

5 All planting, seeding or turfing comprised in the landscaping scheme approved under reference 11/00654/CONDC shall be carried out in the first planting and seeding season following commencement of the development (or such other period as may be agreed in writing by the Local Planning Authority) and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives Planning Committee 17.01.2013 Application Reference: 12/00952/FUL

written consent to any variation. All existing vegetation on the site shall be retained and protected by means of a protective fence in accordance with BS5837:2005.

REASON: In accordance with Section 197 of the Town and Country Planning Act 1990, and in the interests of visual amenity.

6 The hardstanding areas within the residential curtilages of the properties hereby permitted shall be contracted with a porous surface

REASON: To prevent surface water runoff into the public sewerage system.

7 The temporary hardstanding approved under 11/00654/CONDC shall be constructed on the site, clear of the public highway, and the hardstanding shall be used at all times for the delivery of materials to the site and their storage pending construction works. No such activities shall take place on the highway.

REASON: In the interests of highway safety and public amenity, to prevent mud and spoil being deposited on the public highway and to ensure no storage of materials on the public highway.

8 The access to the highway shall be constructed in accordance with the details approved under reference 12/00253/CONDC and implemented on site to the satisfaction of the Local Planning Authority before occupation of the development hereby permitted

REASON: In the interests of highway safety and efficiency

9 Prior to the occupation of the requisite dwellings, the proposed estate road(s), footways and footpaths, turning spaces and driveways (where applicable) between the dwelling(s) and the existing highway, shall be properly consolidated and surfaced to the satisfaction of the Local Planning Authority. The footways and footpaths between any dwelling and the existing highway shall be complete within six months from the date of occupation of the dwelling(s).

REASON: In the interests of highway safety and amenities of the occupiers of the proposed residential development

10 The surface water drainage shall be carried out in accordance with the details approved under reference 11/00952/CONDC and implemented on site in accordance with the details on these plans.

REASON: To ensure satisfactory drainage on the site.

11 Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 and Section 55 of the Town and Country Planning Act 1990 or any subsequent Acts or Order revoking or renewing the provisions of that Act or Order, the garages hereby permitted shall be used solely for parking of vehicles in domestic use or for incidental domestic storage only.

Planning Committee 17.01.2013 Application Reference: 12/00952/FUL

REASON: To ensure adequate provision is made for vehicle parking and in the interests of the Green Belt.

12 Wheel cleansing facilities shall be provided on the site in close proximity to the highway in accordance with the details approved under reference 11/00654/CONDC. These facilities, which shall include a barrier which stops all vehicles before they enter the highway to ensure that all mud and other debris is removed from the undercarriage of the vehicle and all its wheels, shall be maintained and used at all times during the construction (which shall include any demolition works) of the development hereby permitted.

REASON: To avoid the tracking out of mud and detritus on to the highway, in the interests of safety and amenity generally.

13 The temporary construction access approved under reference 11/00654/CONDC shall be the sole point of entry to and egress from the site for all traffic engaged in the construction works or delivery/removal of materials, and shall be permanently reinstated/stopped-up to the satisfaction of the Local Planning Authority upon completion of the development.

REASON: In the interests of highway safety/to safeguard the amenities of nearby residents.

14 The scheme showing measures to deal with wind blown dust during the excavation and construction period shall be implemented in accordance with the details approved under reference 11/00654/CONDC during the whole time such works are undertaken on site.

REASON: In the interest of residential and neighbour amenity

15 Works on the site in connection with the demolition and removal of existing structures, other preparatory works, and the construction of the development hereby approved shall be limited to between the hours of 8 am to 6 pm Mondays to Fridays and 8 am to 1 pm on Saturdays, with no working on Sundays or Bank Holidays. Any piling of foundations shall be carried out at such times and by such means as shall have been previously agreed by the Local Planning Authority

REASON: In order to protect the residents of local properties from unacceptable noise nuisance.

16 The windows in the south western flank elevation of Plot 20 shall be i) at ground floor level fitted with obscure glazing and permanently fixed shut and ii) at first floor level fitted with obscure glazing and non-opening unless the part of the window which can be opened is more than 1.7m above the finished floor level of the room in which the window is installed.

REASON: In the interests of the privacy and amenity of the existing residential occupiers.

17 Notwithstanding the requirements of condition 16 above, the windows in the first floor flank elevation of the proposed dwellings shall be obscure glazing and non-opening unless the part of the window which can be opened is more Planning Committee 17.01.2013 Application Reference: 12/00952/FUL

than 1.7m above the finished floor level of the room in which the window is installed.

REASON: In the interests of the privacy and amenity of neighbouring occupiers.

18 Site splays of 2.4metres x 60metres shall be provided at the proposed junction and thereafter maintained at all times so that no obstruction is present within such an area above the level of the adjoining highway carriageway. Vehicle/pedestrian site splays of 1.5m x 1.5m shall be laid out either side of the proposed accesses to the dwellings that front onto Baker Street and thereafter retained and maintained as constructed. No obstruction within 600mm in height shall be permitted within these splays.

REASON: In the interests of pedestrian and highways safety

19 Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995, or any subsequent re-enacting or revoking Acts or Orders, no development falling within Classes A or E shall be carried out on the site without the prior written consent of the Local Planning Authority. The garages shall not be used for habitable accommodation without the prior written consent of the Local Planning Authority.

REASON: In the interests of the privacy and amenity of nearby residential occupiers and the character and openness of the Green Belt.

20 The development shall be carried out strictly in accordance with the details included in the following reports: Remediation Method Statement, RSA Geotechnics Ltd. Report Number 12781 RS, May 2011 and Ground Gas Assessment, TSA Geotechnics Ltf., Letter reference AMP/12781JB, June 2011

REASON: To ensure that the proposed development does not cause pollution of Controlled Waters and public safety.

21 All habitable rooms shall achieve “good” internal levels, indentified in BS8233:1999. Where required to be fitted, all acoustic units shall have a minimum Rm35 value. Any trickle vents will be required to have an acoustic performance of D n, e, w, 32 when open.

REASON: In the interests of living standards of potential future occupiers of the units.

22 Within ONE MONTH of the date of this permission details of a landscaping scheme and means of enclosure in relation to the eastern and south eastern boundary of the site shall be submitted to and approved in writing by the Local Planning Authority. Thereafter the scheme shall be implemented in accordance with the details approved. For the avoidance of doubt the means of enclosure should be in the form of open style fencing and not close boarded fencing.

Planning Committee 17.01.2013 Application Reference: 12/00952/FUL

REASON: In the interests of the character, amenity and openness of the Green Belt.

b) If by 22 January 2013 the Legal Agreement has not been completed, planning permission be refused for the reason that the development has, within a reasonable timeframe, failed to secure the necessary planning benefits, namely a financial contribution towards local community facilities thereby contravening the aims and objectives of Policies PMD1, PMD2 and PMD16 of the Core Strategy.

Informative(s):-

1 Any works which are required within the limits of the highway reserve require the permission of the Highway Authority and must be carried out under the supervision of the Highway Authority's staff. The applicant is, therefore, advised to contact the Authority at the address shown below before undertaking such works. Highways , Civic Offices, New Road, Grays, Essex, RM17 6SL. Telephone:- (01375) 366 100

Documents: All background documents including application forms, drawings and other supporting documentation relating to this application can be viewed online: www.thurrock.gov.uk/planning/12/00952/FUL

Alternatively, hard copies are also available to view at Planning, Thurrock Council, Civic Offices, New Road, Grays, Essex, RM17 6SL.

Planning Committee 17.01.2013 Application Reference: 12/00952/FUL

Planning Committee 17.01.2013 Application Reference: 12/00952/FUL