Development and Regulation Committee
Committee Room 1, Friday, 24 10:30 County Hall, February 2017 Chelmsford, Essex
Quorum: 3
Membership:
Councillor R Boyce Chairman Councillor J Abbott Councillor K Bobbin Councillor M Ellis Councillor A Erskine Councillor C Guglielmi Councillor J Jowers Councillor S Lissimore Councillor J Lodge Councillor M Mackrory Councillor Lady P Newton Councillor J Reeves
For information about the meeting please ask for: Matthew Waldie, Committee Officer Telephone: 033301 34583 Email: [email protected]
Page 1 of 86 Essex County Council and Committees Information
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Page 2 of 86 Part 1 (During consideration of these items the meeting is likely to be open to the press and public)
Pages
1 Apologies for Absence
2 Declarations of Interest To note any declarations of interest to be made by Members in accordance with the Members' Code of Conduct
3 Minutes 7 - 32 To approve the Minutes of the meeting held on 27 January 2017
4 Identification of Items Involving Public Speaking To note where members of the public are speaking on an agenda item. These items may be brought forward on the agenda.
5 Minerals and Waste
5.1 Highwood Quarry Little Canfield 33 - 62 To consider report DR/08/17, relating to the continuation of the winning and working of sand and gravel, erection of a concrete plant, workshop and ancillary buildings, and the importation and treatment of inert material to produce secondary aggregate and reclamation material for progressive restoration to landscaped farmland originally permitted by ESS/65/06/UTT as amended by planning permission ref. ESS/52/13/UTT without compliance with Condition 4 (Hours of operation) to allow heavy goods vehicles to travel off site between the hours 0600 and 0700 Monday to Saturday. Ref: ESS/34/16/UTT
6 County Council Development
Page 3 of 86 6.1 The Chase, Newhall, Harlow 63 - 84 To consider report DR/-9/17, relating to proposed construction of a new two storey building (c.2550m² floor area) to accommodate a 2FE primary school, a 52 place early years centre/nursery with associated car, cycle and scooter parking, hard play areas, means of enclosure and landscaping and associated infrastructure on a 2.67 hectare site Ref: CC/HLW/56/16
7 Information Items
7.1 Applications, Enforcement and Appeals Statistics 85 - 86 To update Members with relevant information on planning applications, appeals and enforcements, as at the end of the previous month, plus other background information as may be requested by Committee. Report DR/10/17
8 Date of Next Meeting To note that the date of the next committee is scheduled for Friday 24 March 2017
9 Urgent Business To consider any matter which in the opinion of the Chairman should be considered in public by reason of special circumstances (to be specified) as a matter of urgency.
Exempt Items (During consideration of these items the meeting is not likely to be open to the press and public)
To consider whether the press and public should be excluded from the meeting during consideration of an agenda item on the grounds that it involves the likely disclosure of exempt information as specified in Part I of Schedule 12A of the Local Government Act 1972 or it being confidential for the purposes of Section 100A(2) of that Act.
In each case, Members are asked to decide whether, in all the circumstances, the public interest in maintaining the exemption (and discussing the matter in private) outweighs the public interest in disclosing the information.
Page 4 of 86 10 Urgent Exempt Business To consider in private any other matter which in the opinion of the Chairman should be considered by reason of special circumstances (to be specified) as a matter of urgency.
______
All letters of representation referred to in the reports attached to this agenda are available for inspection. Anyone wishing to see these documents should contact the Officer identified on the front page of the report prior to the date of the meeting.
Page 5 of 86
Page 6 of 86 Friday, 27 January 2017 Minute 1 ______Minutes of the meeting of the Development and Regulation Committee, held in Committee Room 1 County Hall, Chelmsford, Essex on Friday, 27 January 2017
Present : Cllr R Boyce (Chairman) Cllr J Jowers Cllr J Abbott Cllr S Lissimore Cllr S Barker Cllr J Lodge Cllr K Bobbin Cllr Mackrory Cllr M Ellis Cllr C Seagers Cllr C Guglielmi Cllr S Walsh
1 Apologies for Absence Apologies were received from Cllr A Erskine (substituted by Cllr S Barker) and Cllr Lady Newton (substituted by Cllr C Seagers).
2 Declarations of Interest Cllr Barker declared that she is the local member for Little Canfield (agenda item 5.2; Item 6 below refers)
Cllr Barker declared a personal interest in agenda item 6.1, in respect of West Wood, East Thundersley, as a member of the Essex Flood Partnership Board Committee. (Item 7 below refers.)
Cllr Jowers declared a personal interest in agenda item 6.1, in respect of West Wood, East Thundersley, as a member of the Regional Flood Defence Committee. (Item 7 below refers.)
3 Minutes The minutes of the meeting held on 16 December 2016 were agreed and signed by the Chairman.
4 Identification of Items Involving Public Speaking Persons to speak in accordance with the procedure were identified for the following items:
1) To consider report DR/02/17, relating to 1, an application to vary the condition of the mineral permission which restricts operating hours of an existing operation originally permitted by ESS/65/06/UTT as amended by planning permission ref. ESS/52/13/UTT; and 2, a similar application, in respect of the planning permission ref. ESS/45/14/UTT, to vary the hours of waste importation/soil washing plant permission, in order to allow HGVs to leave the site from 6am.
At Highwood Quarry, Old Ipswich Road, Little Canfield, Dunmow CM6 1SL.
Page 7 of 86 Friday, 27 January 2017 Minute 2 ______References: ESS/34/16/UTT and ESS/35/16/UTT.
Applicant: Sewells Reservoir Construction Limited
Public Speaker: Abigail Molyneux speaking for.
2) To consider report DR/03/17, relating to the construction of a flood alleviation scheme consisting of an attenuation bund with culvert and temporary attenuation area in the event of flooding, with construction and maintenance access via an existing track off Rayleigh Road. At West Wood (Ancient Woodland), East Thundersley, Essex. Reference: CC/CPT/42/16.
Applicant: Essex County Council
Public Speaker: John Meehan speaking for.
And Cllr Jill Reeves, speaking as local member.
Minerals and Waste
5 Sandon North Void The Committee considered report DR/01/17 by the Acting Head of County Planning. Members noted the Addendum to the agenda. Policies relevant to the application were detailed in the report.
Details of consultation and representations received were set out in the report.
The Committee noted the key issues:
• Policy Background • Amenity Impacts • Highway Impact • Nature Conservation • Bridleway provision • Interim Development Order (IDO). In response to points raised, several points were noted:
• Of the approximate 300,000 tonnes of construction demolition rubble coming into the site annually, 150,000 -180,000 tonnes would go through the recycling plant, subsequently to be used off site, with the remainder filling the northern void. At this rate, it was expected to take 8½ to 9 years to fill the void • Ruderal vegetation described plants that would grow in disturbed ground, ie they were suited to these conditions and would help establish vegetative cover • Even though the establishment of a permissive bridleway was not an ideal solution to the problem identified by the consultees, it did enable the on- site bridleway to be connected to the main network
Page 8 of 86 Friday, 27 January 2017 Minute 3 ______
• Scheme details were at too early a stage to say what the impact of the proposed third lane of the A12 might be on this site • With the possible impact of lighting in mind, an additional point (e) could be added to condition 31, relating to hours of operation of any lighting.
There being no further issues raised by Members, the resolution, including the changes listed on the addendum and the addition of an additional requirement relating to hours of operation, was proposed and seconded. Following a unanimous vote in favour, it was
Resolved
That for ESS/08/16/CHL planning permission be granted subject to:
(1) The prior completion of a Section 106 legal agreement under the Town and Country Planning Act 1990 (as amended) to provide for:
(a) An obligation not to carry out any works under the Interim Development Order Consent ref no: IDO/GHL/2/92A in respect of the remaining mineral underneath the processing plant area.
(b) Management and funding for the care and maintenance of the afteruse and features of the application land as depicted on the Drg no: 1910/005/K entitled “Restoration Proposals” dated March 2012 for a period of 20 years beyond the statutory 5 year aftercare period, i.e. a total of 25 years.
(c) For the Public Rights of Way interests those comments raised by the Highways Authority in particular:
(i) Where the permissive Bridleways are coincident with existing PRoW Footpaths numbers; 232_5 [adjacent site haul road], 232_7, 232_21, 232_22 and 232_26 [21 & 22 on land to the south of application footprint], the PRoW Footpath surfaces, shall be maintained to a condition suitable for horse riders.
(ii)The developer entering into a long term agreement for a period of 25 years to ensure that the permissive Footpaths and Bridleways shown in principle in drawing no. 1910/005K are available and maintained by the developer or landowner at no cost to the Highway Authority and to a standard acceptable to the Highway Authority.
And:
(2) Following completion of the legal agreement [referred to in (1) above] that planning permission be granted subject to the following conditions:
Commencement and Duration
1. At least seven days written notice shall be given, to the Waste Planning Authority of the commencement of site preparation works (for the purposes of this requirement site preparation works shall include the
Page 9 of 86 Friday, 27 January 2017 Minute 4 ______ground preparation works of any ground clearance for the proposed exposures, habitat provision and replacement of drainage ditches within either the Biodiversity Conservation Area or Newt Pond area north of the northern void; replacement of the site offices and additional car parking locations). 2. All operations authorised or required by this permission shall cease, and all plant, machinery equipment, structures, buildings, stockpiles and other above ground infrastructure associated with the development, approved as part of this permission, less the access track and bridge over the Sandon Brook subject to the other condition requirements below, shall be removed and the site restored in accordance with the conditions of this permission not later than 10 calendar years from the date of notification of the commencement of site preparation works as notified in accordance with Condition 1.
Natural England licence
3. No site preparation works shall take place as defined in Condition 1 of this permission until a copy of the licence issued by Natural England pursuant to Regulation 53 of the Conservation of Habitats and Species Regulations 2010 authorising the development to go ahead has been received by the Waste Planning Authority.
Approved Details
4. Except as may be modified or required by the other conditions to this permission by the Waste Planning Authority, none of the uses, operations and activities associated with the development hereby approved shall be carried out other than in accordance with the details as set out in the application letter from MJCA dated 11 th December 2015 and accompanying: a. Planning Application form from Brett Aggregates Ltd dated 11 th December 2015 b. Planning Statement and Environmental Statement Volumes 1 and 2 dated December 2015. c. Drwg No: BGL/SA/10-15/18940 entitled “The Layout of Sandon Quarry” dated 08/12/15.
as amended by:
d. The letter from MJCA dated 23 rd December 2015 and accompanying: i. Arborocultural Survey and Constraints Report (Report ref tr- 1221-15 entitled “Arborocultural Survey and Constraints” dated 14/12/15). e. The letter from MJCA dated 5 th February 2016 and accompanying Drg no: BGL/SA/02-16/19201 entitled “Cross section showing the existing topography and the proposed restoration profile” dated 5 th February 2016.
Page 10 of 86 Friday, 27 January 2017 Minute 5 ______f. The email from MJCA dated 10 th August 2016 and accompanying:
i) Statement entitled “Addendum to planning application reference ESS/08/16/CHL to amend the location of the proposed inert waste recycling facility at Sandon Quarry”. Reference: BGL/SA/ABW/1659/01/S dated August 2016.
g. The e-mail from Dominic Woodfield dated 22 nd December 2016 to Emma Simmonds and accompanying Bioscan report entitled “An Ecological Impact Assessment to accompany the application for planning permission for the northern quarry void and inert waste recycling facility at Sandon Quarry, Essex including the restoration of the northern quarry void using inert materials to nature conservation interest with new public rights of way, the installation and operation of an inert waste recycling facility for the production of secondary aggregate followed by the restoration of the inert waste recycling facility to nature conservation interest and the creation of an area of biodiversity compensation habitat.
Assessment of changes to ecological impacts associated with proposed amendment to the location of the inert waste recycling facility. Revised version December 2016”.
h. E-mail from Guy Titman to Terry Burns dated 23 rd December 2016 and attached Drg nos: i. 1910/005/K entitled “Restoration Proposals” dated March 2012. ii. BGL/SA/12-16/19749 entitled “Cross Section through the Proposed Inert Waste Recycling Facility and adjacent areas” dated 23/12/16.
Availability of Plans
5. A copy of this permission, including all documents hereby approved and any other documents subsequently approved in accordance with any conditions of this permission shall be kept available for inspection at the site during the prescribed working hours.
Protection of Existing Trees and Perimeter Vegetation
6. Existing hedgerows and trees within, and on the perimeter of, the site and identified for retention shall be retained and shall not be felled, lopped, topped or removed without the prior written consent of the Waste Planning Authority. Any vegetation removed without consent, dying, being severely damaged or becoming seriously diseased (at any time during the development or aftercare period) shall be replaced with trees or bushes of such size and species as may be specified by the Waste Planning Authority, in the planting season immediately following any such occurrences. 7. No infilling of the northern void or replacement of the bridge over the
Page 11 of 86 Friday, 27 January 2017 Minute 6 ______Sandon Brook shall take place until a scheme for the provision and protection measures of the standoff/buffer for the protection of river side trees has been submitted to and received the written approval of the Waste Planning Authority. The scheme shall be implemented as approved in writing by the Waste Planning Authority. The scheme shall make provision for:
a) Measures to demarcate the standoff from any affected trees.
b) Maintenance of the demarcation measures during the life of the site activities.
c) Programme of works to achieve a) and b) above.
For clarification all trees should be protected in accordance with BS:5837 Trees in relation to design, demolition and construction – Recommendations.
Timing sequence for Northern void infilling
8. No infilling shall take place within the northern void until the infilling of the southern void has been completed and the land form brought to the required level to receive subsoil.
Scheme of Working
9. No infilling of the northern void; replacement of the bailey bridge over the Sandon Brook or delivery onto the former processing plant location of the inert waste recycling plant shall take place until a revised scheme of working has been approved in writing with the Waste Planning Authority. The scheme shall be implemented as approved in writing by the Waste Planning Authority. The scheme shall make provision for: a. Details and elevations of the improvements to the site offices and car parking as provided for on page 19 of Volume 1 of the Environmental Statement and Drg no: BGL/SA/10-15/18945 entitled “Proposed improvements to the site reception area”. b. Bailey Bridge replacement details. c. Inert waste recycling plant together with cross section plans to demonstrate its visual mitigation from vantage points outside the planning application boundary. d. Provision of a permanent (during life of recycling activities) visual indicator such as a marked telegraph pole to be positioned adjacent to stockpiling area to delimit the 6 metre high stockpiling height limit. e. HGV routeing layout within the proposed inert waste recycling area to avoid vehicles reversing in direction of outside sensitive receptors. f. How areas/phases of the application land are to be identified, based on Drg no: BGL/SA/10-15/18946 entitled “Proposed phasing plan of the restoration of the northern quarry void at Sandon Quarry” for the purposes of enabling qualified ecologists to survey Page 12 of 86 Friday, 27 January 2017 Minute 7 ______for protected species and release those areas as the site develops. g. Silt handling arrangements. h. Measures, such as having the land prior walked and checked for bird nesting, to be undertaken for when grass cutting and weed control on any storage mound takes place during the bird breeding season.
Slope Stability
10. No infilling of the northern void shall take place until a scheme to address slope stability of the northern void and the proximity to the A12(T) has been submitted to, and received the written approval of, the Waste Planning Authority. The slope stability scheme shall be implemented as approved. The scheme shall make provision for: a. A detailed review of the historical and current site situation, information and previous assessments undertaken at the site and the preparation of a detailed conceptual model based on the available information. b. Further site investigation and monitoring to fill any gaps in the detailed conceptual model. c. The preparation of a detailed design including quantitative risk assessment of the slope stability and hydrological considerations during the proposed phasing of the restoration scheme.
Boundaries and Site Security
11. The operator shall maintain and make stock proof the perimeter hedges and fences and protect the same from damage. Where the site boundary does not coincide with an existing hedge or fence line, the operator shall provide and maintain fencing where necessary for the duration of the development and aftercare period.
Ecological Interest
12. Prior to entry into any phase of infilling as depicted on Drg no: BGL/SA/10-15/18946 entitled “Proposed phasing plan of the restoration of the northern quarry void at Sandon Quarry” or the clearance of the footprint for the installation of the inert waste recycling facility, written confirmation shall be made to the Waste Planning Authority from a qualified ecologist that there are no protected species interests within the site areas/phases or inert waste recycling footprint. Such confirmation shall relate to a period not more than 6 days prior to entry of the above locations.
Bird Nesting
13. No vegetation shall be physically disturbed during the bird nesting season (March to August inclusive) unless the vegetation identified for removal has been surveyed to confirm the absence of active bird nesting.
Page 13 of 86 Friday, 27 January 2017 Minute 8 ______Archaeology
14. No ground surface disturbance within the plant processing area, as identified on Drg no: BGL/SA/12-16/19749 entitled “Cross Section through the Proposed Inert Waste Recycling Facility and adjacent areas” dated 23/12/16 shall take place until a mitigation scheme to address archaeological investigation and recording has been submitted to, and received the written approval of, the Waste Planning Authority. The scheme shall be implemented as approved in writing by the Waste Planning Authority. The scheme shall make provision for: a. The recording of archaeological features which are revealed during site operations. b. Procedures for post excavation analysis including production of an archive and report of findings made and c. The conservation of any artefacts which are recovered and deposit of such artefacts at a suitable museum.
Processing Plant
15. No processing plant shall be brought onto the application land until the existing above ground redundant plant and infrastructure located within the former plant processing area to the east of the Sandon Brook has been removed from the applicants Sandon landownership area as depicted on Drwg no: ES2 entitled “The Site and Surrounding Area”.
Topographical surveys
16. A survey of site levels within the northern void area shall be carried out at intervals of not less than every 12 months, starting from the date on which infilling of the northern void commences. A copy of the survey shall be submitted to the Waste Planning Authority within 14 days of being undertaken.
Vehicle Routeing
17. A written record shall be maintained at the site office of all movements in/out of the site by HGVs. Such records shall contain the vehicle’s registration and operating company’s identity and time/date of movement. The records shall be made available for inspection by the Waste Planning Authority if requested and retained for the duration of the life of the development permitted. 18. No site preparation works shall take place as defined in Condition 1 of this permission until a Transport Plan for the routeing of HGVs to and from the site has been submitted to, and received the written approval of, the Waste Planning Authority. The scheme shall be implemented as approved in writing by the Waste Planning Authority. The scheme shall make provision for:
i) Monitoring both visual and written of the approved
Page 14 of 86 Friday, 27 January 2017 Minute 9 ______arrangements during the life of the site of the Transport Plan.
ii) Ensuring that all drivers of vehicles under the control of the applicant are made aware of the approved arrangements,
iii) Routeing map for use by drivers;
iv) Site access signage restricting right turning traffic.
v) The disciplinary steps that will be exercised in the event of default by drivers.
Highway Cleanliness
19. No mud or dirt shall be carried out onto the public highway by vehicles using the site.
Haul Road maintenance
20. No importation of inert material for either use in the infilling of the northern void or for processing through the inert waste recycling facility shall take place until the upgrading of the internal haul through removal of the sleeping policeman and provision of chicane system to control HGV traffic movements has been completed and confirmed in writing to the Waste Planning Authority. Thereafter the internal haul road shall be maintained with a hard bound surface and maintained in good condition throughout the life of this permission.
HGV Movements
21. The total numbers of Heavy Goods Vehicle (HGV) movements entering or leaving the site during any single day shall not exceed the following overall limits:
Mondays to Saturdays: 164 movements (82 in/82 out)
Sundays and Bank/Public Holidays: None
Sheeting Vehicles
22. All loaded HGVs shall be sheeted with fully serviceable covering before leaving the site.
Vehicle Maintenance
23. No servicing, maintenance or testing of vehicles or plant shall take place other than within the northern quarry void or plant area.
(For the purposes of this condition the restriction shall not apply to unforeseen vehicle breakdowns).
Page 15 of 86 Friday, 27 January 2017 Minute 10 ______Construction Environmental Management Plan (CEMP): Biodiversity
24. No site preparation work, as defined in Condition 1 of this permission, shall take place until a scheme of working has been submitted to, and received the written approval of, the Waste Planning Authority. The scheme shall be implemented as approved in writing by the Waste Planning Authority. The submitted scheme shall make provision for:-
a) Risk assessment of potentially damaging construction activities;
b) Identification of biodiversity protection zones;
c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements);
d) The location and timing of sensitive works to avoid harm to biodiversity features;
e) The times during construction when specialist ecologists need to be present on site to oversee works;
f) Responsible persons and lines of communication;
g) The role and responsibilities on site of an ecological clerk of works or similarly competent person; and the
h) Use of protective fences, exclusion barriers and warning signs.
The approved CEMP: Biodiversity shall be implemented and adhered to throughout the construction period of the development hereby approved.
Time limit on development before further surveys are required
25. If the development hereby approved does not commence (or, having commenced, is suspended for more than 12 months) within three years from the date of the planning consent, the approved ecological measures secured through Condition 24 of this permission shall be reviewed and, where necessary, amended and updated. The review shall be informed by further ecological surveys commissioned to:
i) establish if there have been any changes in the presence and/or abundance of habitats and/or species and
ii) identify any likely new ecological impacts that might arise from any changes.
Where the survey results indicate that changes have occurred that will result in ecological impacts not previously addressed in the Page 16 of 86 Friday, 27 January 2017 Minute 11 ______approved scheme, the original approved ecological measures will be revised and new or amended measures, and a timetable for their implementation, will be submitted to and approved in writing by the local planning authority prior to the commencement of development. Works will then be carried out in accordance with the proposed new approved ecological measures and timetable.
Sale of Secondary Aggregate
26. There shall be no retailing or direct sales of soils or bagged aggregates to the public from the application land.
ENVIRONMENTAL PROTECTION
Hours of Operation
27. a) No operations authorised or required by this permission shall be carried out on the site except between the following times:-
0700 – 1800 hours Mondays to Fridays.
0700 – 1300 hours Saturday
b) There shall be no working on Sundays or Bank/National Holidays.
c) This condition shall not apply in cases of emergency when life, limb or property is in danger or for water pumping activities. The Waste Planning Authority shall be notified, in writing, as soon as possible after the occurrence of any such emergency.
Rubbish
28. All rubbish and scrap materials generated on the site shall be collected and stored in a screened position within the site area until such time as they may be properly disposed of to a suitably licensed waste disposal site.
Burning
29. No waste or other materials shall be burnt on the site.
Lighting
30. No artificial external lighting, whether free standing or affixed to infrastructure, that may be required to be provided within the application site shall be installed until a scheme of lighting at the site has been submitted to, and received the written approval of, the Waste Planning Authority. The scheme shall be implemented in accordance with the details as approved. The submitted scheme shall make provision for:
Page 17 of 86 Friday, 27 January 2017 Minute 12 ______a) Lighting point location.
b) Lighting design details.
c) Proposed Illuminance coverage.
d) Assessment of sky glow and light spillage outside of site boundary.
e) hours of operation.
Noise – Monitoring
31. No site preparation works shall take place, as defined in Condition 1 of this permission, until a scheme of site noise monitoring has been submitted to, and has received the written approval of, the Waste Planning Authority. The scheme shall be implemented as approved and shall make provision for:
a. A programme of implementation to include the noise monitoring locations identified in Condition 33 of this permission and as identified on the attached plan no: ESS/08/16/CHL/A entitled “Noise Monitoring Locations” during the life of the development. b. Noise monitoring at three monthly intervals. c. Monitoring during typical working hours with the main items of plant and machinery in operation. d. Monitoring to be carried out for at least 2 separate periods and for at least a total of 30 minutes at each monitoring location during the working day which shall include Saturday periods whilst typical site operations are occurring. e. The logging of all weather conditions including wind speed and direction. f. The logging of both on site and off site noise events occurring during measurements with any extraneous noise events identified and, if necessary, discounted from the measured data. g. The results of the noise monitoring to be made available to the Waste Planning Authority no later than 7 days following the date of the measurement.
The location of monitoring points may be varied with the written approval of the Waste Planning Authority as the site develops and noise levels shall correlate with those levels in Condition 33 of this permission.
Noise – Temporary Operations
32. For temporary operations, the free field Equivalent Continuous Noise Level (LAeq,1hr) at noise sensitive properties as listed in Condition 33of this permission shall not exceed 70dB LAeq,1hr. Measurement shall Page 18 of 86 Friday, 27 January 2017 Minute 13 ______be made no closer than 3.5m from the façade of properties or other reflective surface and shall be corrected for extraneous noise.
Temporary operations shall not exceed a total of eight weeks in any continuous 12 month duration. Five days written notice shall be given to the Waste Planning Authority in advance of the commencement of a temporary operation. Temporary operations shall include site preparation bund formation and removal, site stripping and restoration and any other temporary activity that has been approved in writing by the Waste Planning Authority in advance of such a temporary activity taking place.
Noise - Normal Levels
33. Except for temporary operations, the free field Equivalent Continuous Noise Level (LAeq,1hr) at noise sensitive premises adjoining the site, due to operations in the site, shall not exceed 1h, the LAeq levels as set out in the following table and identified on the attached plan no: ESS/08/16/CHL/A entitled “Noise Monitoring Locations”:
Receptor Location Criterion / dB LAeq, 1hr Bridge Cottages 55 dB Hall Lane 55 dB Bridge Farm 55 dB Mayes Bungalow 55 dB Sandon Hall 55 dB Measurements shall be made no closer than 3.5m to the façade of properties or other reflective surface and shall have regard to the effects of extraneous noise and shall be corrected for any such effects.
Loudspeakers
34. No sound reproduction or amplification equipment (including public address systems, loudspeakers etc) which is audible at the nearest noise sensitive location shall be installed or operated on the site without the prior written approval of the Waste Planning Authority.
Reversing alarms
35. Only white noise emitting reversing alarms shall be employed on vehicles and plant engaged in site activities and transport on and off site and in control of the applicant.
Dust
36. No site preparation works shall take place, as defined in Condition 1, until a scheme for dust monitoring/mitigation at the site has been submitted to, and received the written approval of, the Waste Planning Authority. The scheme shall be implemented in accordance with the details as approved, in writing, by the Waste Planning Authority. The submitted scheme shall make provision for:
Page 19 of 86 Friday, 27 January 2017 Minute 14 ______a) A dust control plan.
b) A dust monitoring plan to include:
I. The location(s) of dust monitoring points. II. The type of monitoring equipment to be used, the pollutant to be monitored and the standard to be monitored against. III. A programme of monitoring to commence prior to site preparation works as defined in Condition 1 of this permission to provide a baseline against which to compare future monitoring. IV. A programme of implementation to include frequency of monitoring and locations during the various infilling phases and inert waste recycling activities. V. A log of complaints from the public and a record of the measures taken to be kept and submitted to the Waste Planning Authority on request. VI. The results of dust monitoring over each three month period shall be submitted to the Waste Planning Authority within 21 days of the end of each three month monitoring period.
Groundwater monitoring
37. No site preparation works shall take place, as defined in Condition 1, until a scheme for monitoring/reporting ground water levels at the site during the period of infilling works as provided for in Paragraph 6.3 of the MJCA Hydrogeological and Hydrological Impact Assessment report dated December 2015 has been submitted to, and received the written approval of, the Waste Planning Authority. The scheme shall be implemented in accordance with the details as approved, in writing, by the Waste Planning Authority. The submitted scheme shall make provision for:
A programme of site monitoring including method of monitoring, locations and frequency covering the infilling activities and reporting methods and timescales.
Surface Water Drainage and Pollution Protection
38. Any oil, fuel, lubricant, paint or solvent within the site shall be stored so as to prevent such materials contaminating topsoil or subsoil or reaching any watercourse.
39. a) Any fixed or free standing oil or fuel tanks shall be surrounded by a fully sealed impermeable enclosure with a capacity not less than 110% of that of the tanks so as to fully contain their contents in the event of any spillage;
b) If there is multiple tankage, the enclosure shall have a capacity not less than 110% of the largest tank;
c) All filling points, vents and sight glasses shall be within the
Page 20 of 86 Friday, 27 January 2017 Minute 15 ______sealed impermeable enclosure; and
d) There shall be no drain through the impermeable enclosure. (The applicant’s attention is drawn to the requirement set out in BS 799 Part 5: 1987.)
40. All foul drainage shall be contained within a sealed and watertight sealed drainage system fitted with a level warning device constructed to BS 6297 “Design and Installation of Small Sewage Treatment Works and Cesspools” (1983).
41. No drainage from the site, or from areas immediately adjoining the site, shall be interrupted either partially or fully by the operations hereby approved unless already provided for in the approved working scheme.
42. No foul or contaminated surface water or trade effluent shall be discharged from the site into either the ground water or surface water drainage systems except as may be permitted under other legislation.
Fixed Plant and Buildings
43. Notwithstanding the provisions of Article 3 and Part 19 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 as amended, no plant/structures whether fixed or static, lagoons, stocking of wastes or other materials or other structures shall be erected or placed on the site, except as provided for under other conditions of this permission.
Handling and Storage of Soil and Soil Forming Material
44. Prior to the stripping of any soils from the site, excess vegetation shall be removed from the areas to be stripped.
The term 'excess vegetation' in this condition means all vegetation above a height of 154mm (6") above ground level.
45. No movement of any soils or soil-making materials shall take place except when the full depth of soil to be stripped or otherwise transported is in a 'suitably dry' soil moisture condition. Suitably dry means the soils shall be sufficiently dry for the topsoil to be separated from the subsoil without difficulty so that it is not damaged by machinery passage over it.
For clarity, the criteria for determining "suitably dry soil moisture conditions" and "dry and friable" is based on a field assessment of the soils wetness in relation to its lower plastic limit. The assessment should be made by attempting to roll a ball of soil into a thread on the surface of a clean plain glazed tile (or plate glass square) using light pressure from the flat of the hand. if the soil crumbles before a long thread of 3mm diameter can be formed, the soil is dry enough to move. The assessment should be carried out on representative samples Page 21 of 86 Friday, 27 January 2017 Minute 16 ______of each major soil type.
46. All suitable soils and soil-making material shall be recovered where practicable during the infilling operations and separately stored.
47. Any topsoil, subsoil, and soil-making material mounds shall be constructed with only the minimum amount of compaction necessary to ensure stability and shall not be traversed by heavy vehicles or machinery except during stacking and removal for re-spreading during the restoration of the site. They shall be graded and seeded with a suitable low maintenance grass seed mixture in the first available growing season following their construction. The sward shall be managed in accordance with correct agricultural management techniques throughout the period of storage.
48. Any soil storage mounds that may be required and insitu for more than 6 months, shall be kept free of weeds and all necessary steps shall be taken to destroy weed at an early stage of growth to prevent seeding.
Restoration
49. Within four years of the date of this permission, a revised restoration scheme based on Drg no: 1910/005/K entitled “Restoration Proposals” dated March 2012 shall be submitted to the Waste Planning Authority. The scheme shall then only be implemented as approved, or as may subsequently be approved, in writing, by the Waste Planning Authority. The submitted scheme shall make provision for:-
h. Design details for the ground features including ponds and substrate exposures. i. Reinstatement programme including soil profiles for the area identified for “Proposed species rich grazed grassland”. j. Removal of all site structures. k. Barrier provision on the bailey bridge to safeguard nature conservation interests within the Biodiversity Compensation Area. l. Site water drainage. m. Layout and construction of the Public Rights of Way.
Landscaping
50. No site preparation works shall take place, as defined in Condition 1, until a scheme of landscaping, based on Drg no: 1910/005/K entitled “Restoration Proposals” dated March 2012 has been submitted to the Waste Planning Authority. The scheme shall be implemented in accordance with the details as approved, in writing, by the Waste Planning Authority. The submitted scheme shall make provision for:
n. A landscape management plan. o. Husbandry management of the existing mature trees. p. Ground preparation works, including soil assessment, ripping, fertilising etc. Page 22 of 86 Friday, 27 January 2017 Minute 17 ______q. Planting species including berry bearing shrubs, size, density, numbers and location. r. Grass seed mixes and rates. s. A programme of implementation to include the provision for planting during the first available season following restoration. t. A programme of maintenance.
Trees, shrubs and hedges planted in accordance with the approved scheme shall be maintained and any plants which at any time during the life of this permission including the aftercare period, die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing with the Waste Planning Authority.
Biodiversity Management Plan
51. No site preparation work, as defined in Condition 1 of this permission, shall take place until a Biodiversity Management Plan has been submitted to, and received the written approval of, the Waste Planning Authority. The scheme shall be implemented as approved in writing by the Waste Planning Authority. The submitted scheme shall make provision for:-
u. A description and evaluation of features to be managed; v. Ecological trends and constraints on site that might influence management; w. Aims and objectives of management; x. Appropriate management options for achieving the aims and objectives of the project; y. Prescriptions for management actions; z. Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period); aa. Details of the body or organisation responsible for implementation of the plan; bb. On-going monitoring and remedial measures.
The Plan shall include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the Plan are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme.
Amenity Aftercare
52. Within four years of the date of the commencement of site preparation works as provided for by Condition 1 of this permission an
Page 23 of 86 Friday, 27 January 2017 Minute 18 ______amenity aftercare scheme providing for such steps as may be necessary to bring the land to the required standard for use as nature conservation habitat and public amenity shall be submitted for the approval of the Waste Planning Authority. The amenity aftercare scheme shall be implemented in accordance with the details as approved in writing, by the Waste Planning Authority. The submitted scheme shall specify the steps to be carried out and their timing within a five year aftercare period, or such longer period as may be proposed, and shall make provision for:-
i. a management plan and strategy;
ii. a programme to allow for monitoring the establishment of the Biodiversity Compensation Area and former Northern void and Protected Species Ponds which shall provide for:
(a) such works as necessary to enable the establishment of i) above; and (b) maintenance arrangements to include such amendments to drainage patterns, and replacement and/or control of plant species as required to achieve the objectives; (c) management and maintenance of the Public Rights of Way network. (d) For the woodland area the: cultivation practices; post-restoration secondary soil treatments; soil analysis; fertiliser applications, based on soil analysis; drainage; tree planting and maintenance; weed control;
(e) annual meetings with representatives of the Waste Planning Authority and landowners to review performance.
All areas the subject of amenity aftercare shall be clearly defined on a plan together with the separate demarcation of areas as necessary according to differences in management. The period of amenity aftercare for the site or any part of it shall commence on the date of written certification by the Waste Planning Authority that the site or, as the case may be, the specified part of it has been satisfactorily restored.
Cessation
53. In the event of infilling and/or inert recycling site operations being discontinued for six months in the period specified in Condition 2 of this permission then the land as disturbed within the application footprint shall be restored in accordance with a scheme submitted by the developer
Page 24 of 86 Friday, 27 January 2017 Minute 19 ______which has the written approval of the Waste Planning Authority.The scheme shall be submitted not later than one month from the Waste Planning Authority’s issue of written notice that it is of the opinion that infilling and/or inert recycling has not taken place in the six month period and shall include the requirements of Conditions 49 - 52 inclusive of this permission. The scheme, as approved by the Waste Planning Authority, shall be commenced within three months of notification of determination of the scheme and shall be fully implemented within a further period of 12 months or such other period as may be approved by the Waste Planning Authority.
6 Highwood Quarry, Little Canfield The Committee considered report DR/02/17 by the Acting Head of County Planning. Members noted there were two applications before Members, in respect of the existing quarry permission and the existing soils washing plant. The Addendum to the agenda made changes to the published report.
Policies relevant to the application were detailed in the report.
Details of consultation and representations received were set out in the report.
The Committee noted the key issues:
• Need • Traffic and Highways • Residential Impact • Ecology • Legal agreement. In accordance with the protocol on public speaking the Committee was addressed by Abigail Molyneux, of PDE Consulting Limited, the agent for the applicant. Ms Molyneux said:
• The site has very good access; it is not located near to residential properties; and no harm has been demonstrated to sensitive receptors • With regard to the proposed changes in hours of operation, the existing recommendation only recommends grating permission for a temporary change of use. If, after a year, the applicant wishes to extend this and make the change permanent, it will have to make a fresh application. This process is time-consuming and expensive. The applicant asks for the officer's recommendation to be amended, so that, after a trial period, such as three months, for example, the change of use might become permanent, subject to no complaints having been received from local residents. In response to this specific request, it was noted that it would not be considered reasonable to insert a condition enabling the change of use to become permanent subject to whether complaints were received.
In response to points raised, it was noted:
Page 25 of 86 Friday, 27 January 2017 Minute 20 ______
• This should not be seen as setting any precedent, as each planning application is considered on its own merits; • An argument could be made that it would be better to let traffic access the road network earlier than during the main rush hour, rather than have them adding to an already overburdened system - always assuming that this earlier activity did not impact on local residents; • There is no development plan policy restriction on working hours. Most mineral permissions are normally restricted to a 7.00 am start, although other permissions , particularly on industrial sites, sometimes carry no restrictions; • The Planning Authority's noise consultant has not raised objections, but the officer's recommendation, to grant a temporary permission, provides an opportunity to monitor the impacts over an initial time period of 1 year. Members made several observations:
• It would be difficult to monitor the proposed restrictions such as pre- loading the lorries and the routeing and the onus would be on local residents and parish councils to demonstrate harm; • Objections had been received from local residents and local members; • The applicant has not made a strong case for the need for change applied for. There being no further comments, the two recommendations were put to Members.
The first, relating solely to the regularization of an anomaly in respect of the height of the soil washing plant, was moved, seconded and following a unanimous vote in favour, passed.
The second resolution, relating to a change in operating hours on both existing planning permissions (ESS/65/06/UTT as amended by ESS/52/13/UTT and ESS/45/14/UTT) and subject to the change to condition 6 on the Addendum, was moved, seconded and following a vote of four in favour, five against, with Cllrs Barker and Seagers as named abstentions, failed.
The Committee Protocol places the onus on the Committee to identify its reasons for its decision to determine an application contrary to the Officer’s recommendation and a further resolution was subsequently moved and seconded and following a vote of five in favour and five against, with the Chairman using his casting vote in favour, the following reasons for refusal were identified:
• Unsuitable change for a rural location • The continued need to protect local amenity, and • Insufficient demonstration of need and that there is no justification to go start activity before the recognised 7.00 am start time. In accordance with the Committee Protocol, it was agreed Officers would present a report to the next meeting setting out clear and reasonable reasons for refusal in accordance with the relevant policies of the development plan reflecting the Committee’s resolution.
Page 26 of 86 Friday, 27 January 2017 Minute 21 ______County Council Development
7 West Wood, East Thundersley The Committee considered report DR/03/17 by the Acting Head of County Planning. Members noted the Addendum to the agenda, particularly with regard to representation from Castle Point Wildlife Group and further comments from the Environment Agency. One change to the conditions was also outlined in the Addendum.
Members noted that this was a Regulation 3 application by Essex County Council as the local lead flood authority. It is a flood alleviation scheme for the East Thundersley area.
Policies relevant to the application were detailed in the report.
Details of consultation and representations received were set out in the report.
The Committee noted the key issues:
• Principle of development in the Green Belt, • Principle of development in Ancient Woodland, • Impact on biodiversity, • Impact on trees, • Flood risk, • Archaeology, • Landraising. In accordance with the protocol on public speaking the Committee was addressed by John Meehan, Head of Environment and Flood Management, Essex County Council, on behalf of the applicant. Mr Meehan said:
• This application is part of the 5-year scheme to alleviate flooding throughout the county; • This refers to surface water flooding only, not river flooding - Essex is in the top ten of counties with the worst surface flooding record; • The site uses a low bund and so does not impact significantly on the landscape and only four low-grade trees will be removed; • It should only flood occasionally and is already a wet woodland site. The Forestry Commission have not objected to the scheme; • This is already a multi-benefit green space and this proposal will extend the benefits by providing flood management as well. Councillor Jill Reeves, as local divisional member, addressed the meeting. Cllr Reeves said:
• Castle Point Wildlife Group know the water courses well and have suggested that the bund is in the wrong location. It should be 100 yards further to the east; its proposed position will only deal with half of the waterflow. This is the lowest cost option, rather than the best solution; • Certain requirements will be necessary: the exit manned at all times during the works and a wheel wash installed to avoid getting mud on the public roads; • An alternative entrance and compound should be considered - via the Page 27 of 86 Friday, 27 January 2017 Minute 22 ______existing vehicular access, which would be nearer to the works, has an existing compound and could be safely fenced off; • The bridleway will need to be closed during the works as opposed to what the report claims on page 125; and the position of the bridleway is wrong on the plan; • There may be a negative impact on the rare Heathland Fritillary butterfly; • The Group would like to provide whatever support they can to the scheme as agreed by Members. Officers gave the following specific responses:
• Several of these points had been dealt with in the Addendum; • The bund will not traverse the right of way; it will slope down to it at the bund's northern extremity. During construction there may be some restrictions to access, but this will be minimal and an additional condition has been added as 3.(o), requiring appropriate measures are taken to protect access to the bridleway during construction (as set out in the Addendum); • These proposals are not definitive but propose the use of an existing track. Officers recommended the requirement of a construction management plan from the contractor which would include measures for preventing mud being carried on to the highway and could be imposed by condition; • Floodwater should not affect the right of way; there will be a spillway channelling water to into the brook to the east of the bund, should the west side fill to capacity. Responses were given to further points raised by Members:
• The actual position of the bund was the result of balancing the need for flood alleviation with doing the least damage to the ancient woodland; • The objection raised by Place Services (Ecology) is on a matter of principle, as there will be some damage to the site - ie by the removal of four low-grade trees; but as a planning committee, Members have to exercise their judgement as per paragraph 118 of the NPPF, weighing up the relative benefits against harm; • The altered track will be approximately the same width as the existing one, that is varying from 2.5-3.00 metres. It will have a clay core, running the full length providing stability and protection from water and compaction; • There are a number of conditions included to ensure that the contractors provide a detailed plan of how the bund will be created, and this will require the approval of the authority; • Officers recommended the addition of a specific requirement to demonstrate mitigation of soil compaction. [The meeting was adjourned at 12.23pm and reconvened at 12.27pm]
Members proposed the additional requirements within Condition 3:
• measures to prevent soil compaction; • the provision of a construction method statement that includes measures to keep mud and debris off the public highway.
Page 28 of 86 Friday, 27 January 2017 Minute 23 ______There being no further matters raised by Members, the resolution, including these additions and that detailed on the Addendum, was proposed and seconded. Following a vote of ten in favour and two against, it was
Resolved
That pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992, planning permission be granted subject to the following conditions:
1. The development hereby permitted shall be begun before the expiry of 3 years from the date of this permission. Written notification of the date of commencement shall be sent to the County Planning Authority within 7 days of such commencement.
2. The development hereby permitted shall be carried out in accordance with the details submitted by way of application reference CC/CPT/42/16 validated on 12/09/2016.
Drawings
• Site Location Plan • Schematic Site Layout Plan, Version 1, dated 09/09/2016 • B3553M01-CAS3-C-DR-310-Rev. E Bund 3 Spillway Layout and Section • Tree Protection Plan, Appendix 4, Rev.1.3, dated July 2016, received 01/11/2016, prepared by Place Services • Tree Constraints Plan, Rev. 1.1, dated July 2016, prepared by Place Services
Documents
• Arboricultural Impact Assessment and Arboricultural Method Statement, Version 1.5, dated 15/09/2016 prepared by Place Services and Addendum 1.1 dated 01/11/2016. • Planning Statement, dated 01/09/2016 • Preliminary Ecology Appraisal, version 1.4, dated 09/08/2016
and in accordance with any non-material amendment(s) as may be subsequently approved in writing by the County Planning Authority.
3. No development shall take place (including any ground works and site clearance) until a method statement for the flood alleviation bund in West Wood has been submitted to and approved in writing by the County Planning Authority.
The content of the method statement shall include the: a) purpose and objectives for the proposed works; b) survey baseline methodology and five year monitoring plan for Common Cow Wheat;
Page 29 of 86 Friday, 27 January 2017 Minute 24 ______c) adequate on-site monitoring and availability of advice over construction activities during sensitive periods or activities; d) detailed design and/or working methods necessary to achieve stated objectives (including, type and source of materials to be used); e) extent and location of proposed works shown on appropriate scale maps and plans, including the areas which will be flooded; f) timetable for implementation, demonstrating that works are aligned with the ecological requirements; g) persons responsible for implementing the works; h) initial habitat creation, aftercare and long-term maintenance; i) disposal of any wastes arising from works. j) restrictions on the removal of vegetation or earth moving within certain parts of the site; k) restrictions on the timing of the construction operations; l) restrictions on working areas through the erection of protective fencing and warning signs; m) controls over the destruction, removal or alteration of features used by protected species; n) the nature of the material to be used for the construction of the bund and confirmation that the soil/material type is compatible with the existing soil conditions of the woodland. o) measures to ensure that during the construction of the development there is no interference with access to and surface of the Bridleway PROW BENF 85 p) a construction method statement including a means to prevent mud and debris entering the public highway.
The works shall be carried out strictly in accordance with the approved details and shall be retained in that manner thereafter. All species used in the planting proposals within the Preliminary Ecological Appraisal (9th August 2016), shall be locally native species of local provenance unless otherwise agreed in writing by the County Planning Authority.
4. Prior to commencement of development, tree protection measures shall be installed in accordance with the recommendations in BS5837:2012 and the Tree Protection Plan, Appendix 4, Rev.1.3, dated July 2016, received 01/11/2016, prepared by Place Services. For the avoidance of doubt, this shall include measures to prevent soil compaction in the root protection areas of existing trees.
5. The development shall be carried out in accordance with BS 3998:2010 tree work – recommendations
6. No development or preliminary groundworks shall take place until a written scheme and programme of archaeological investigation and recording has been submitted to and approved in writing by the County Planning Authority. The scheme and programme of archaeological investigation and recording shall be implemented prior to the commencement of the development hereby permitted or any preliminary groundworks.
Page 30 of 86 Friday, 27 January 2017 Minute 25 ______Information Items
8 Little Warley Hall Farm - Appeal Members considered report DR/04/17, providing details of the decision of the Planning Inspector in respect of the appeal made against an enforcement notice issued by Essex County Council on 7 May 2014.
Members NOTED the report.
9 Enforcement of Planning Control The Committee considered report DR/05/17, updating members of enforcement matters for the period 1 October to 31 December 2016.
The Committee NOTED the report.
10 Applications, Enforcement and Appeals Statistics The Committee considered report DR/06/17, Applications, Enforcement and Appeals Statistics, as at end of the previous month, by the Director of Operations, Environment & Economy.
The Committee NOTED the report.
11 Dates of Future Meetings The Committee considered report DR/07/17, listing the proposed Committee meeting dates to April 2018.
The Committee NOTED the report.
12 Date of Next Meeting The Committee noted that the next meeting would be held on Friday 24 February 2017 at 10.30am in Committee Room 1.
There being no further business the meeting closed at 12.45pm.
Chairman
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AGENDA ITEM 5.1
DR/08/17
committee DEVELOPMENT & REGULATION date 24 February 2017
MINERALS AND WASTE DEVELOPMENT
Proposal: Continuation of the winning and working of sand and gravel, erection of a concrete plant, workshop and ancillary buildings, and the importation and treatment of inert material to produce secondary aggregate and reclamation material for progressive restoration to landscaped farmland originally permitted by ESS/65/06/UTT as amended by planning permission ref. ESS/52/13/UTT without compliance with Condition 4 (Hours of operation) to allow heavy goods vehicles to travel off site between the hours 0600 and 0700 Monday to Saturday. Ref: ESS/34/16/UTT
AND
Proposal: Continuation of the Importation of 70,000m³ per annum of inert waste and the installation and use of a soils washing plant for the recycling of waste, together with associated access onto the highway and a separate silt press as permitted by planning permission ref. ESS/45/14/UTT without compliance with condition 6 (Control of vehicle movements) to allow heavy goods vehicles to travel offsite between the hours 0600 and 0700 Monday to Saturday and amendment to Condition 16 (Maximum heights) to regularise the plant height Ref: ESS/35/16/UTT
Location: Highwood Quarry, Old Ipswich Road, Little Cranfield, Dunmow, Essex, CM6 1SL Applicant: Sewells Reservoir Construction Limited
Report by Acting Head of County Planning Enquiries to: Claire Tomalin Tel: 03330 136821 The full application can be viewed at www.essex.gov.uk/viewplanning
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1. BACKGROUND
The planning applications for the above variation of conditions were considered by the Development & Regulation Committee on 27 January 2017. The January committee report and addendum to that report are attached at Appendix 1 and 2 respectively.
Members resolved the following
A) To grant planning permission for the variation of condition 16 (height of plant) of planning permission ESS/45/15/UTT (inert waste washing plant) part of planning application ESS/35/16/UTT
B) To refuse planning permission for the variation of condition 6 (control of vehicle movements) of planning permission ESS/45/15/UTT (inert waste washing plant) part of application reference ESS/35/16/UTT.
C) To refuse planning permission for the variation of condition 4 (hours of operation) of planning permission ESS/52/13/UTT (minerals operation) planning application reference ESS/34/16/UTT.
The variation of condition 4 of ESS/52/13/UTT and variation of condition 6 of ESS/45/15/UTT was proposed to enable the operator of Highwood Quarry to allow HGV movements from the site between 6am and 7am.
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Members resolved to refuse planning permission for the change of hours for following reasons:
• Unsuitable change for a rural location, • The continued need to protect local amenity, and • Insufficient demonstration of need and that there is no justification to start activity before the recognised 7.00 am start time.
2. SITE
Highwood Quarry is located south of Little Easton village on the redundant Easton Airfield, west of Great Dunmow. The site is accessed from the south by a purpose built haul road and access is onto the roundabout junction of the B1256 and A120(T).
The nearest residential property to the site is Stone Hall (Grade II Listed Building) located approximately 360m to the south west of the application site within woodland.
Further details on the site, the background to the application and the proposals are set out in the report at Appendix 1.
3. CONSIDERATION
As the resolution in part approved application ESS/35/16/UTT and in part refused, a split decision notice will need to be issued with respect to this planning application. The amendment to Condition 16 relating to plant height to be approved, but the amendment to allow early leaving of HGVs to be refused. There is no existing legal agreement associated with the existing planning permission and therefore no need for any legal agreement associated with this approval.
ESS/34/16/UTT only related to working hours and is a straight refusal.
Planning application ESS/35/16/UTT was an application relating to a waste recycling facility permission and thus policies of the Uttlesford District Local Plan 2005 (UDLP), the Waste Local Plan 2001 (WLP), the emerging Replacement Waste Local Plan 2016 (RWLP) and National Planning Policy Framework (NPPF) and the National Planning Policy for Waste (NPPW) are relevant.
Planning application ESS/34/16/UTT was an application relating to minerals operation permission and thus policies of the UDLP, Minerals Local Plan 2014 (MLP) and the NPPF relevant.
Consideration against the three strands for refusal are set out below
Unsuitable change for a rural location
Policy S7 of the Uttlesford Local Plan 2005 states:
The countryside to which this policy applies is defined as all those parts of the Plan area beyond the Green Belt that are not within the settlement or other site
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boundaries. In the countryside, which will be protected for its own sake, planning permission will only be given for development that needs to take place there, or is appropriate to a rural area. This will include infilling in accordance with paragraph 6.13 of the Housing Chapter of the Plan. There will be strict control on new building. Development will only be permitted if its appearance protects or enhances the particular character of the part of the countryside within which it is set or there are special reasons why the development in the form proposed needs to be there .
The site is not located within any defined development limit within the UDLP. The committee identified that the proposed early leaving of HGVs between 6.00am and 7.00am represented an unsuitable change for a rural location and would cause harm to the countryside location and this is considered to conflict with policy S7.
The supporting text to policy S7 states “ Any development beyond development limits must be consistent with national policy on the countryside and the appropriate Structure Plan Policy C5. The countryside needs to be protected for its own sake, but not in such a way that the plan prevents evolution of economic activity that is part of life in rural areas and is in sympathy with its character. Examples of development that may be permitted in principle include appropriate re- use of rural buildings, suitable farm diversification, outdoor sport and recreation uses, and affordable housing and other facilities to meet local community needs .”
It should be noted that the UDLP was prepared before the NPPF and the abolition of the Structure Plan. Uttlesford District Council carried out a Compatibility Assessment (CA) in 2012 against the NPPF and considered policy S7 to be “partly consistent” and comments as follows “The protection and enhancement of natural environment is an important part of the environmental dimension of sustainable development, but the NPPF takes a positive approach, rather than a protective one, to appropriate development in rural areas. Within the NPPF, the presumption of protection of the countryside for its own sake has been superseded by:
Paragraph 28 of the NPPF “Planning policies should support economic growth in rural areas in order to create jobs and prosperity by taking a positive approach to sustainable new development.” and
Paragraph 109 of the NPPF “ The planning system should contribute to and enhance the natural and local environment by:
● protecting and enhancing valued landscapes, geological conservation interests and soils; ● recognising the wider benefits of ecosystem services; ● minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures; ● preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution or land instability; and
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● remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where appropriate.
Nonetheless the waste facility is located in a largely rural setting, with woodland and agricultural fields west, east and north of the site. The introduction of lorry movements at 6:00am in the morning would introduce activity of an industrial nature outside normal working hours 1.
The proposed change of hours (proposed by both ESS/34/16/UTT and ESS/35/16/UTT) is therefore considered to be in conflict with Policy S7 of UDLP and Paragraphs 28 and 109 of the NPPF. The economic benefits of the proposals are discussed later.
The continued need to protect local amenity
Given the resolution includes that there is continued need to protect local amenity, the change of hours proposal with respect to ESS/35/16/UTT would be in conflict with UDLP policy GEN 4 WLP policies W10E and W10F and RWLP policy 10 and the change of hours proposal with respect to ESS/34/16/UTT would be in conflict with UDLP policy GEN4 and MLP policy DM1.
Policy GEN 4 of the UDLP 2005 states:
Development and uses, whether they involve the installation of plant or machinery or not, will not be permitted where: a) noise or vibrations generated, or b) smell, dust, light, fumes, electro magnetic radiation, exposure to other pollutants; would cause material disturbance or nuisance to occupiers of surrounding properties.
GEN 4 is considered within the CA to be consistent with the NPPF. The NPPF states as part of its Core Planning Principles (paragraph 17) that planning should “always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings” and at paragraph 123 the NPPF states
“Planning policies and decisions should aim to: ● avoid noise from giving rise to significant adverse impacts27 on health and quality of life as a result of new development; ● mitigate and reduce to a minimum other adverse impacts27 on health and quality of life arising from noise from new development, including through the use of conditions; ● recognise that development will often create some noise and existing businesses wanting to develop in continuance of their business should not have unreasonable restrictions put on them because of changes in nearby land uses since they were established;28 and ● identify and protect areas of tranquillity which have remained relatively undisturbed by noise and are prized for their recreational and amenity value for this
1 Normal working hours are defined in the Technical Guidance to the NPPF as 0700 to 1900. It is acknowledged that this is in relation to minerals development, but the nature of the activity is the same as that associated with the minerals development, that is early movement of HGVs. Page 37 of 86
reason.”
Policy W10E of the Waste Local Plan 2001 states:
Waste management development, including landfill, will be permitted where satisfactory provision is made in respect of the following criteria, provided the Development complies with other policies of this plan: 1. The effect of the development on the amenity of neighbouring occupiers, particularly from noise, smell, dust and other potential pollutants (the factors listed in paragraph 10.12 will be taken into Account); 2. The effect of the development on the landscape and the countryside, particularly in the AONB, the community forest and areas with special landscape designations; 3. The impact of road traffic generated by the development on the highway network (see also policy W4C); 4. The availability of different transport modes; 5. The loss of land of agricultural grades 1, 2 or 3a; 6. The effect of the development on historic and archaeological sites; 7. The availability of adequate water supplies and the effect of the development on land drainage; 8. The effect of the development on nature conservation, particularly on or near SSSI or land with other ecological or wildlife designations; and 9. In the metropolitan Green Belt, the effect of the development on the purposes of the Green Belt.
And WLP Policy W10F states: Where appropriate the WPA will impose a condition restricting hours of operation on waste management facilities having regard to local amenity and the nature of the operation.
And the emerging RWLP Policy 10
Proposals for waste management development will be permitted where it can be demonstrated that the development would not have an unacceptable impact (including cumulative impact in combination with other existing or permitted development) on: a. local amenity (including noise levels, odour, air quality, dust, litter, light pollution and vibration); b. the quality and quantity of water within water courses, groundwater and surface water; c. the capacity of existing drainage systems; d. the best and most versatile agricultural land; e. farming, horticulture and forestry; f. aircraft safety due to the risk of bird strike and/or building height and position; g. the safety and capacity of the road and other transport networks; h. the appearance, quality and character of the landscape, countryside and visual environment and any local features that contribute to its local distinctiveness; i. the openness and purpose of the Metropolitan Green Belt; j. Public Open Space, the definitive Public Rights of Way network and outdoor recreation facilities; k. land stability; l. the natural and geological environment (including internationally, nationally or
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locally designated sites and irreplaceable habitats);
Paragraph 7 of NPPW states
When determining waste planning applications, waste planning authorities should:
Inter alia
• consider the likely impact on the local environment and on amenity against the criteria set out in Appendix B.
Within Appendix B of the NPPW one of the factors that should be taken into consideration is:
“j. noise, light and vibration Considerations will include the proximity of sensitive receptors. The operation of large waste management facilities in particular can produce noise affecting both the inside and outside of buildings, including noise and vibration from goods vehicle traffic movements to and from a site. Intermittent and sustained operating noise may be a problem if not properly managed particularly if night-time working is involved. Potential light pollution aspects will also need to be considered. “
Policy DM1 of the Minerals Local Plan 2014 states:
Proposals for minerals development will be permitted subject to it being demonstrated that the development would not have an unacceptable impact, including cumulative impact with other developments, upon: 1. Local amenity (including demonstrating that the impacts of noise levels, air quality and dust emissions, light pollution and vibration are acceptable), 2. The health of local residents adjoining the site, 3. The quality and quantity of water within water courses, groundwater and surface water, 4. Drainage systems, 5. The soil resource from the best and most versatile agricultural land, 6. Farming, horticulture and forestry, 7. Aircraft safety due to the risk of bird strike, 8. The safety and capacity of the road network, 9. Public Open Space, the definitive Public Rights of Way network and outdoor recreation facilities, 10. The appearance, quality and character of the landscape, countryside and visual environment and any local features that contribute to its local distinctiveness, 11. Land stability, 12. The natural and geological environment (including biodiversity and ecological conditions for habitats and species), 13. The historic environment including heritage and archaeological assets.
The NPPF Technical Guidance provides specific guidance with respect to minerals and noise. Paragraph 30 of the guidance states
“ the limit set should be as near that level as practicable during normal working hours (0700-1900) and should not exceed 55dB(A) LAeq, 1h (free field). Evening (1900- 2200) limits should not exceed background level by more than 10dB(A) and night-time
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limits should not exceed 42dB(A) LAeq,1h (free field) at noise-sensitive dwellings.”
The WPA/MPA in imposing conditions on waste and mineral development, normally restricts working hours (for sites outside industrial// employment areas) to similar hours to those set out within the NPPF mineral guidance, namely:
7am to 6:30pm Monday to Friday 7am to 1pm Saturday No working Sundays, Bank & Public Holidays.
HGV movements from minerals and waste facilities in rural areas (outside industrial/employment sites) prior to 7:00am is not usual practice and is resisted because of the potential impact upon local amenity and wildlife, through early generation of noise, light pollution, visual impact. Early HGV traffic can also cause disturbance to residential properties that HGVs may pass once on the public highway further afield from the site. The site is in a rural environment and HGV activity before 7:00am would not be expected by local residents and could intrude into the night-time period.
Therefore application ESS/35/16/UTT, with respect to the change in hours, is considered to be in conflict with UDLP policy GEN4, WLP policies W10E and W10F and RWLP policy 10, the NPPF and the NPPW. Application ESS/34/16/UTT is considered to be in conflict with UDLP policy GEN4, MLP policy DM1, and the NPPF
Insufficient demonstration of need and that there is no justification to start activity before the recognised 7.00 am start time.
The committee resolved that there has been insufficient demonstration of need and that there is no justification to start activity before the recognised 7.00 am start time.
The NPPF at paragraph 12 states
This National Planning Policy Framework does not change the statutory status of the development plan as the starting point for decision making. Proposed development that accords with an up-to-date Local Plan should be approved, and proposed development that conflicts should be refused unless other material considerations indicate otherwise. It is highly desirable that local planning authorities should have an up-to-date plan in place.
Paragraph 7 of NPPW states
When determining waste planning applications, waste planning authorities should:
Inter alia
• only expect applicants to demonstrate the quantitative or market need for new or enhanced waste management facilities where proposals are not consistent with an up-to-date Local Plan. In such cases, waste planning authorities should consider the extent to which the capacity of existing operational facilities would satisfy any identified need; Page 40 of 86
In view of the conflict with policies of the UDLP, WLP, emerging RWLP and MLP, there is a presumption of refusal unless other material considerations indicate otherwise. It is considered that the applicant has failed to provide adequate operational or economic reasons to justify the early start for HGVs that override any potential additional disturbance that such movements would cause. While it is stated that the early start would allow deliveries to London to be completed prior to undertaking local deliveries. It has not been demonstrated that local deliveries could not be undertaken following a delivery to London, that a different programme of deliveries could be operated satisfactorily without an early start or that the early start would result in an economic/social benefit such as additional employment, that outweigh the harm and the conflict with the Development Plan.
4. RECOMMEND ATION
A Planning Application ESS/35/16/UTT
That planning permission for variation of condition 16 of ESS/45/15/UTT be approved,
1) The wording of condition 16 to be amended to
No mineral or waste processing plant shall exceed a height of 94m Above Ordnance Datum, except for the soil washing plant which shall not exceed a height of 97m Above Ordnance Datum, as shown on drawing no. 14.103.D.004 entitled “Indicative Elevations of Proposed Plant” dated Sept 2014.
2) That all other conditions of ESS/45/15/UTT be updated and re-imposed as appropriate.
B Planning Application ESS/35/16/UTT
That planning permission be refused for variation of condition 6 of ESS/45/15/UTT for the following reasons:
1) The introduction of HGV movements before 7:00am would introduce industrial operations at the site at an inappropriate time of day causing harm to the rural environment and no justification has been demonstrated to outweigh this harm, contrary to Policy S7 of UDLP and Paragraphs 28 and 109 of the NPPF.
2) The introduction of HGV movements before 7:00am would cause harm to local amenity and no justification has been demonstrated to outweigh this harm contrary to UDLP policy GEN 4 WLP policies W10E and W10F and RWLP policy 10 the NPPF and the NPPW.
C Planning Application ESS/34/16/UTT
That planning permission be refused for variation of condition 4 of ESS/52/13/UTT for the following reasons:
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1) The introduction of HGV movements before 7:00am would introduce industrial operations at the site at an inappropriate time of day causing harm to the rural environment and no justification has been demonstrated to outweigh this harm, contrary to Policy S7 of UDLP and Paragraphs 28 and 109 of the NPPF.
2) The introduction of HGV movements before 7:00am would cause harm to local amenity and no justification has been demonstrated to outweigh this harm contrary to UDLP policy GEN 4, MLP policy DM1 and the NPPF. LOCAL MEMBER NO TIFICATION
UTTLESFORD – Thaxted
UTTLESFORD - Dunmow
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APPENDIX 1
DR/02/17
committee DEVELOPMENT & REGULATION date 27 January 2017
MINERALS AND WASTE DEVELOPMENT Proposal: Continuation of the winning and working of sand and gravel, erection of a concrete plant, workshop and ancillary buildings, and the importation and treatment of inert material to produce secondary aggregate and reclamation material for progressive restoration to landscaped farmland originally permitted by ESS/65/06/UTT as amended by planning permission ref. ESS/52/13/UTT without compliance with Condition 4 (Hours of operation) to allow heavy goods vehicles to travel off site between the hours 0600 and 0700 Monday to Saturday. Ref: ESS/34/16/UTT
AND
Proposal: Continuation of the Importation of 70,000m³ per annum of inert waste and the installation and use of a soils washing plant for the recycling of waste, together with associated access onto the highway and a separate silt press as permitted by planning permission ref. ESS/45/14/UTT without compliance with condition 6 (Control of vehicle movements) to allow heavy goods vehicles to travel offsite between the hours 0600 and 0700 Monday to Saturday and amendment to Condition 16 (Maximum heights) to regularise the plant height Ref: ESS/35/16/UTT
Location: Highwood Quarry, Old Ipswich Road, Little Canfield, Dunmow, Essex, CM6 1SL Applicant: Sewells Reservoir Construction Limited
Report by Acting Head of County Planning Enquiries to: Claire Tomalin Tel: 03330 136821 The full application can be viewed at www.essex.gov.uk/viewplanning
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1. BACKGROUND
This report deals with two planning applications, both applications are for variation of conditions on the same site, but different permissions. The variation of conditions largely relate to a change in operational hours. As the issues are similar for both they are being addressed in one report.
Planning permission ESS/65/06/UTT was granted in 2011 for sand and gravel extraction with restoration through importation of inert waste to agriculture woodland and nature conservation. The application also included inert waste recycling. The planning permission was subject to conditions and a legal agreement. The permission was implemented in March 2012 and the quarry began exporting sand and gravel in November 2012.
ESS/65/06/UTT was varied in 2015 to allow crushing of oversize materials, such that the extant planning permission for mineral extraction and landfilling is ESS/52/13/UTT.
Also in 2015 planning permission (ESS/45/14/BTE) was granted for an additional volume of waste to be imported for processing and a soil washing plant allowing inert waste to be washed and screened to generate clean secondary aggregates. Planning permission was granted subject to conditions
There have been other minor applications with respect to provision of offices and car parking adjacent to B Lodge (an adjacent residential property used as an
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office).
In June 2016 it came to the attention of the Mineral and Waste Planning Authority that heavy goods vehicles (HGVs) were leaving Highwood Quarry before 7am in breach of the existing planning conditions, which restrict the starting time to 7am. The applicant has therefore made two planning applications one to vary the condition of the mineral permission which restricts operating hours and a second similar application to vary the hours of waste importation/soil washing plant permission, in order to allow HGVs to leave the site from 6am.
2. SITE
Highwood Quarry is located south of Little Easton village on the redundant Easton Airfield, west of Great Dunmow. The site is accessed from the south by a purpose built haul road and access is onto the roundabout junction of the B1256 and A120(T).
The nearest residential property to the site is Stone Hall (Grade II Listed Building) located approximately 360m to the south west of the application site within woodland. B Lodge lies to the south of the extraction and is being used as office facilities for the mineral/waste operator. Little Easton village lies to the north, the church being approximately 1.2km from the minerals and waste processing yard. Properties on Stortford Road, Little Canfield south of the A120(T) are approximately 1km from the application site. Existing properties to the west in Great Dunmow are approximately 1.35km away from the site, although new housing is proposed such that once these properties are built the nearest property east of the site will be approximately450m from the site entrance.
To the south east of the site and north east of the haul road is High Wood (SSSI).
Little Easton Footpath 24 lies just south of the processing/extraction area and crosses the haul road.
3. PROPOSAL S
The applications seek to vary conditions of two of the existing planning permissions on the site.
Planning Application – ESS/34/16/UTT Planning permission ESS/52/13/UTT is the main planning permission for the site for sand and gravel extraction with inert filling to achieve restoration and also includes the processing plant and weighbridge. The planning application seeks to vary condition 4 (hours of operation) of this permission.
Planning Application – ESS/35/16/UTT Planning permission ESS/45/14/UTT gave planning permission for the soil washing plant and some additional importation of inert waste. The planning application seeks to vary, conditions 6 (hours of operation) and condition 16 (height of plant) of the permission).
The details of the conditions are set out below.
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ESS/52/13/UTT - Condition 4 Except in emergencies to maintain safe quarry and landfill working (which shall be notified to the Mineral Planning Authority as soon as practicable):-
(a) No operations including temporary operations, other than water pumping and environmental monitoring shall be carried out at the site except between the following times:-
07:00 to 18:30 hours Monday to Friday 07:00 to 13:00 hours Saturdays
(b) No operations including temporary operations other than environmental monitoring and water pumping at the site shall take place on Sundays, Bank or Public Holidays .
ESS/45/14/BTE - Condition 6 The total number of heavy goods vehicles (HGV) movements associated with the development hereby permitted (when combined with the vehicle maximum permitted vehicle movements under planning permission ESS/65/06/UTT) shall not exceed the following limits:
312 movements (56 in and 56 out) per day (Monday to Friday) 312 movements (56 in and 56 out) per day (Saturdays)
No HGV movements shall take place outside the hours of operation authorised in Condition 5 of this permission.
A written record of daily HGV movements shall be maintained and kept for a period of 2 years and shall be provided to the Waste Planning Authority within 14 days of written request.
For reference condition 5 referred to in the condition above reads as follows:
The development hereby permitted shall only be carried out during the following times:
07:00 to 18:30 hours Monday to Friday 07:00 to 13:00 hours Saturdays and at no other times, including no other times on Sundays, Bank or Public Holidays.
ESS/45/14/BTE - Condition 16 No mineral or waste processing plant shall exceed a height of 94m Above Ordnance Datum.
The variation of condition 4 of ESS/52/13/UTT and condition 6 of ESS/45/14/UTT is to allow the site to open earlier and allow Heavy Goods Vehicles to leave the site from 6am in the morning, rather than the current start time of 7am. It is proposed
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that HGVs leaving the site from 6am would have been previously loaded the day before and there would be no operation of the mineral and/or waste processing plant and no operations in relation to the extraction/processing of minerals or the processing or landfilling of waste prior to 7am. Only those HGVs travelling westwards to the M11, i.e. towards London, would leave the site before 7am.
There would no increase in the total number of HGV movements per day.
In addition the application seeks to regularise an anomaly in the conditions of the waste importation and soil washing plant permission which permitted the soil washing plant to be to a height of 97mAOD, while condition 16 restricts the maximum height of plant to 94mAOD, a limit imposed previously being the maximum of height of plant on the original application (ESS/65/06/UTT).
4. POLICIES
The following policies of the Minerals Local Plan adopted 2014, the Essex and Southend Waste Local Plan adopted 2001 (WLP), the emerging Replacement Waste Local Plan Pre-Submission draft March 2016 (RWLP) and Uttlesford Local Plan (ULP) adopted 2005 provide the development plan framework for this application. The following policies are of relevance to this application:
5. Policy MLP WLP RWLP UDLP Sustainable S1 Development Traffic & Highways W10C 12 The Countryside & DM1 & S10 W10E 10 S7 & S8 Landscape Noise generation DM1 & S10 W10E 10 ENV11 Nature Conservation, DM1 & S10 W10E 10 ENV7 & Biodiversity ENV8 Good Neighbourliness GEN4
The National Planning Policy Framework (NPPF) was published on 27 March 2012 and sets out the Government’s planning policies for England and how these are expected to be applied. The NPPF highlights that the purpose of the planning system is to contribute to the achievement of sustainable development. It goes on to state that there are three dimensions to sustainable development: economic, social and environmental. The NPPF places a presumption in favour of sustainable development. However, paragraph 11 states that planning law requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise.
For decision-taking the NPPF states that this means; approving development proposals that accord with the development plan without delay; and where the development plan is absent, silent or relevant policies are out-of-date, granting permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this NPPF taken as a whole; or specific policies in this NPPF indicate development
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should be restricted.
The NPPF combined and streamlined all planning policy except for waste. Planning policy with respect to waste is set out in the National Planning Policy for Waste (NPPW published on 16 October 2014). Additionally the National Waste Management Plan for England (NWMPE) is the overarching National Plan for Waste Management is a material consideration in planning decisions.
Paragraph 215 of the NPPF states, in summary, that due weight should be given to relevant policies in existing plans according to their degree of consistency with the Framework. The level of consistency of the policies contained within the Essex and Southend Waste Local Plan and the Uttlesford District Local Plan is considered further in the report.
6. CONSULTATIONS
UTTLESFORD DISTRICT COUNCIL: (Both applications) No objection, but raise concerns regarding the potential impact on the amenity of nearby residents arising from the increase in hours for vehicular movements
NATURAL ENGLAND – No objection, but refer to Standard advice with respect to protected species
HIGHWAY AUTHORITY: (Both applications) No objection subject to re-imposition of total HGV movements per day.
COUNTY COUNCIL’S NOISE CONSULTANT: (Both applications) No objection. Movement of vehicles on the haul road and associated engine door opening and shutting of doors is not likely to give rise to unacceptable noise levels at the nearest residential property Stone Hall. It is suggested that a condition limiting noise to 42 dB L Aeq,1hr free-field at Stone Hall be imposed for the period 6am to 7am.
PLACE SERVICES (Ecology): No objection. Initially concern was raised, but this was addressed through the submission of additional information, which demonstrated that there would be no adverse impact upon species within the High Wood SSSI.
LITTLE EASTON PARISH COUNCIL: (Both applications) Object: residents in Park Road and Easton Lodge areas will suffer noise disturbance. Noise travels great distances in this otherwise tranquil setting and residents report regularly hearing that the vehicles start to move at 6.50am currently. It would be unreasonable to disturb the sleep of our residents in this way.
LITTLE CANFIELD PARISH COUNCIL: (Both applications) Object to vehicle movements from 6am because residents in Park Road and Easton Lodge areas will suffer noise disturbance from which they currently have protection from the planning conditions we fought long and hard to get. Noise travels great distances in this otherwise tranquil setting and residents report regularly hearing that the vehicles start to move at 6.50am currently. It would be unreasonable to disturb the sleep of our residents in this way
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TAKELEY PARISH COUNCIL- (both applications): Object for following reasons • Purpose the condition was to protect local amenity • Considerably more housing along B1256 since quarry permitted early hours will impact upon their amenity • Request an amendment to condition 5 requiring access and egress routing via A120
Comment: The purpose of the condition is to ensure vehicular access is only via the south and the B1256 and not from the north via Little Easton. The condition cannot refer to the A120 as it is not within the application area and therefore unenforceable. However, there is a proposal to restrict the vehicle routeing via legal agreement – see appraisal.
GREAT DUNMOW TOWN COUNCIL: (both applications) Object - It is unreasonable to expect people to be subjected to this noise from so early in the mornings; the sound will carry and disturb the residents of the Park Road and Easton Lodge areas.
LOCAL MEMBER – UTTLESFORD – THAXTED (majority of site): Objects; application earlier start time may cause noise disturbance to residents.
LOCAL MEMBER – UTTLESFORD – DUNMOW (access only): Any comments will be reported verbally
7. REPRESENTAT IONS
One property was directly notified of the application and no letters of representation have been received.
8. APPRAISAL The key issues for consideration are:
A. Need B. Traffic & Highways C. Residential Impact D. Ecology E. Legal agreement
A NEED
The applicant is seeking through the variation of conditions to amend the hours of operation, such that HGVs may leave the site at 6:00am, one hour earlier than currently permitted. Operation of the site including mineral processing, waste processing and mineral extraction and landfilling would not commence until 7am, as currently permitted. The hours imposed on the quarry are the standards hours for such operations Monday to Friday 7am to 6:30pm and Saturdays 7am to 1pm, no working Sundays or public holidays.
The applicant has requested the change to allow HGVs that have been loaded the day before to leave from 6am as opposed to from 7am, this would enable
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deliveries to London to be completed early in the morning, which would provide the operator more time during the day to focus on local deliveries. There would be no arrival of vehicles to the site prior to 7am, except those of staff vehicles.
The haul road for the site is onto the B1256 roundabout junction with the A120(T). Vehicles travelling to London would utilise the A120 towards London and as a result it is not necessary for HGVs to pass any residential properties. The nearest residential property to the site and access is Stone Hall which is located approximately 500m west from the weighbridge within the minerals/waste yard.
It is considered that to allow the operator greater flexibility of deliveries the principle of allowing earlier commencement of deliveries to London only is acceptable, subject to the proposals not giving rise to unacceptable environmental and residential amenity impacts.
The application also seeks to regularise an anomaly in the planning permission for the soil washing plant. The original planning permission for the site limited all plant to 94mAOD and the soil washing plant was limited as such. The soil washing plant was proposed at 97mAOD and the impact of this higher structure was considered acceptable and permitted. However, the condition limiting the maximum height limit of plant was re-imposed without amending the wording of condition to take account of the height of the soil washing plant; hence currently there is a conflict in the conditions, which the proposed variation seeks to correct.
B HIGHWAYS & TRAFFIC
While the application seeks to allow HGV movements earlier in the morning, the application proposes no increase in the total number of daily HGV movements from the site. The site would remain limited to 312 (156 in 156 out) HGV movements per day.
National and Local Plan policies seek to minimise adverse impact on highway safety and capacity.
The Highway Authority has raised no objection to the application subject to the re- impositions of conditions to ensure all HGV movements arising from the site are limited to 312 HGV movements per day.
Subject to the imposition of such conditions it is considered there are no highway safety or capacity grounds to refuse planning permission and that the proposals with respect to highways and traffic are in accordance with MLP policy S11 and DM1, WLP policies W10C and W10E and RWLP policy 10 and 12.
C RESIDENTIAL IMPACT
National and local plan policies seek to minimise the impact of development on both residential and local amenity. Impacts on residential and local amenity includes, noise and visual impact.
The nearest residential property lies in woodland to the southwest of the site, approximately 500m from the minerals/waste processing area from which the
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HGVs leaving the site would travel. Due to existing vegetation and screening bunds, the HGVs leaving the site would not be visible from this or any other more distant properties. Other residential properties are located to the north of site in Little Easton approximately 1.2km from the site, existing properties within Little Easton to the south are 1 Km away and existing properties within Great Dunmow to the east are 1.35 Km from the site. It is acknowledged planning permission has been granted for residential properties to the west of Dunmow which will bring the edge of Great Dunmow closer to the site. The edge of the outline planning permission is 450m from the haul road. However existing screening bunds and exiting vegetation including High Wood screen views of the quarry processing areas and the access road to the B1256.
The most likely impact on residential amenity arising from the early leaving of HGVs would be with respect to noise.
Concern has be raised by Uttlesford District Council as to the potential impact through noise on residential amenity. Objections have been raised by Little Easton Parish Council, Takeley Parish, Great Dunmow Town Council and the Local County Member that the early leaving of HGVs is likely to give rise to unacceptable noise.
The application was accompanied by a noise assessment which concluded that the proposals would not give rise to noise levels that would impact the nearest residential property. The County’s noise consultant considered that the methodology of the assessment was acceptable and the predicted likely noise levels representative, such that the earlier leaving of HGVs would not give rise to unacceptable noise. However, the County’s noise consultant has suggested a condition is imposed limiting noise levels to 42 dBA at Stone Hall for the period 6am to 7am.
The application is for the movement of HGV vehicles only in relation to deliveries to London, such that HGV’s would not pass any residential properties. Local deliveries along the B1256 towards Dunmow or towards Takeley would result in HGVs passing residential properties and therefore the applicant is willing to agree to an additional legal obligation to restrict the moment of HGVs from the site between 6am and 7am to the A120 westbound and the M11.
In view of the concerns raised by local councils, while the noise information would suggest that there is unlikely to be an adverse impact on residential amenity, it is considered appropriate that planning permission be granted for a temporary period of 1 year, to enable the noise monitoring in that period. In addition that the applicant be required to provide records of those HGVs exiting the site prior to 7am. To allow monitoring of the revised operational hours for HGVs to London and a review of the impacts that might arise.
Subject to the additional conditions with respect to noise and allowing the early exit for a trial period of one year and the additional legal obligation, it is considered that there is no justification to withhold planning permission. The proposal would be in accordance with MLP policy DM1, WLP policies W10E and W10F, RWLP policy 10 and UDLP policies S7, S8, ENV11, ENV13 and GEN 4.
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D ECOLOGY
The haul road is adjacent to the High Wood SSSI. As part of the permitted quarry a buffer of 20m was required between the haul road and the SSSI. In addition a new hedgerow has been provided on the edge of the haul road adjacent to the SSSI and the buffer planted with groups of trees.
National and local plan policies seek to protect nationally designated sites, protecting both habitats and species.
Initially concern was raised by the County Ecologist as to the potential impact of disturbance earlier in the morning. Additional information was provided with respect to habitats and species and the potential impacts and the County’s Ecologist is now satisfied there would be no adverse impact.
It is therefore considered that planning permission could not be withheld on ecology rounds and the proposals are in accordance with MLP policy DM1, WLP policy W10E, RWLP policy 10 and UDLP policy ENV7 and ENV8.
E LEGAL AGREEMENT
There is an existing legal agreement associated with ESS/52/13/BTE. In order for the legal agreement to remain associated with any new planning permission, a deed of variation would be required. The applicant has indicated willingness to adhere to an additional obligation to restrict HGVs leaving the site between 6am and 7am to be in respect of deliveries travelling on the A120(T) westwards towards the M11.
A deed of variation to the existing legal agreement would enable the original legal obligations to remain associated with any new permission and the additional obligation to be associated with both new planning permissions ESS/34/16/UTT and ESS/35/16/UTT, in the event that approval is granted.
9. CONCLUSION
The standard hours for mineral and waste operations within Essex are 7am to 6:30pm. The applicant seeks to allow vehicles which have been loaded the night before to leave westwards on the A120 towards London between 6am and 7am. As the access is located on the junction of the B1256 with the A120, HGVs leaving the site for London would not pass directly by any residential properties. The noise assessment has indicated that there would be no noise impact on the nearest residential property (Stone Hall).
However concern has been raised by local parish councils and the Local County Member that there might be unacceptable noise impact, it is therefore considered appropriate to ensure that only HGVs travelling to London should be permitted to exit the site as applied for, which could be secured through a legal obligation. In addition that the early hours only be permitted for a 1 year trial period, to allow a trial to assess the impact of the change.
Subject to the additional legal obligation and amendment of the appropriate
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conditions and additional conditions as outlined in the report, the proposals are considered acceptable and would be in accordance with MLP policy DM1 and Waste Local Plan policy 10 and Uttlesford Local Plan policy. The proposals are considered to be in accordance with the development plan as a whole.
The NPPF refers to the 3 strands of sustainable development, social, economic and environmental. It is considered that the proposals would comply with the 3 strands allowing greater flexibility for the operator (economic) while protecting residential amenity (social and environmental).
10. RECOMMENDED
That planning permission be granted subject to the following:
a The prior completion of a d eed of variation to the existing legal agreement to address the following:
• To ensure the original legal agreement remains associated with new planning permission ESS/34/16/UTT
• To add an additional obligation restricting HGVs leaving the site to only use the B1256 junction with the A120(T) westwards to the M11, with no HGV traffic travelling east or west on the B1256, this obligation to be associated with both planning permissions ESS/34/16/UTT and ESS/35/16/UTT
And thereafter:
b That planning permission be granted s ubject to the following amended/additional conditions:
Planning Application ESS/34/16/UTT
Amended condition 4
Except in emergencies to maintain safe quarry and landfill working (which shall be notified to the Mineral Planning Authority as soon as practicable) and except for HGV movements as defined in condition 67:-
(a) No operations including temporary operations, other than water pumping and environmental monitoring, shall be carried out at the site except between the following times:-
07:00 to 18:30 hours Monday to Friday 07:00 to 13:00 hours Saturdays
(b) No operations including temporary operations other than environmental monitoring and water pumping at the site shall take place on Sundays, Bank or Public Holidays .
For the avoidance of doubt ‘operations’ shall include the loading of vehicles.
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Additional Condition 67
For a period no longer than 1 year from the date of implementation of this planning permission, HGV movements shall not take place outside the following hours:
06:00 to 18:30 hours Monday to Friday 06:00 to 13:00 hours Saturdays
No HGV movements shall take place on Sundays, Bank or Public Holidays.
Without prejudice to the foregoing, all HGV movements between the hours of 06.00 – 07:00 hours shall be limited to out-bound movements only.
For the purpose of this condition, each vehicle entering the site shall constitute one movement, and each vehicle leaving the site shall constitute a separate movement.
NB For the avoidance of doubt for the purpose of this planning permission a heavy goods vehicle (HGV) shall mean a vehicle with a gross vehicle weight of 7.5 tonnes or more
Additional condition 68
The free field Equivalent Continuous Noise Level [L Aeq , 1 hr] at Stone Hall or any other noise sensitive property, due to all permitted operations between 6am and 7am Monday to Saturday shall not exceed 42dB, when measured no closer than 3.5 metres from the façade of the property or other reflective surface and shall be corrected for extraneous noise.
Additional condition 69
Records shall be maintained of all HGV movements from the site between 06:00 hours to 07:00 hours . The records shall include the time the HGVs leave the site and the destination of HGVs. The records shall be submitted monthly to the Mineral Planning Authority from the date of implementation of the planning permission for 12 months.
Planning Application ESS/35/16/UTT
Amended Condition 1
The development hereby permitted shall be begun before the expiry of 1 year from the date of this permission. Written notification of the date of commencement shall be sent to the Mineral Planning Authority within 7 days of such commencement.
Amended Condition 6
The total number of heavy goods vehicles (HGV) movements associated with the development hereby permitted (when combined with the vehicle maximum permitted vehicle movements under planning permission ESS/65/06/UTT) shall Page 54 of 86
not exceed the following limits:
312 movements (56 in and 56 out) per day (Monday to Friday) 312 movements (56 in and 56 out) per day (Saturdays)
No HGV movements shall take place outside the hours of operation authorised in Condition 5 and condition 17 of this permission.
NB For the avoidance of doubt for the purpose of this planning permission a heavy goods vehicle (HGV) shall mean a vehicle with a gross vehicle weight of 7.5 tonnes or more.
Amended condition 16
No mineral or waste processing plant shall exceed a height of 94m Above Ordnance Datum, except for the soil washing plant which shall not exceed a height of 97m Above Ordnance Datum, as shown on drawing no. 14.103.D.004 entitled “Indicative Elevations of Proposed Plant” dated Sept 2014.
Additional condition 17
For a period no longer than 1 year from the date of implementation of this planning permission , HGV movements shall not take place outside the following hours:
06:00 to 18:30 hours Monday to Friday 06:00 to 13:00 hours Saturdays
No HGV movements shall take place on Sundays, Bank or Public Holidays.
Without prejudice to the foregoing, all HGV movements between the hours of 06.00 – 07:00 hours shall be limited to out-bound movements only.
For the purpose of this condition, each vehicle entering the site shall constitute one movement, and each vehicle leaving the site shall constitute a separate movement.
Additional condition 18
The free field Equivalent Continuous Noise Level [L Aeq , 1 hr] at Stone Hall or any other noise sensitive property, due to all permitted operations between 6am and 7am Monday to Saturday shall not exceed 42dB, when measured no closer than 3.5 metres from the façade of the property or other reflective surface and shall be corrected for extraneous noise.
Additional condition 19
Records shall be maintained of all HGV movements from the site between 6am to 7am. The records shall include the time the HGV left site and the destination of the HGV. The records shall be submitted monthly to the Mineral Planning Authority from the date of implementation of the planning permission for 12 months.
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And; c That any other relevant conditions attached to permission references ESS/34/16/UTT and ESS/35/16/UTT are updated and re-imposed as appropriate.
BACKGROUND PAPERS
Consultation replies Representations
THE CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2010 (as amended)
The proposed development would not be located adjacent to/within distance to a European site (name SAC/SPA).
Therefore, it is considered that an Appropriate Assessment under Regulation 61 of The Conservation of Habitats and Species Regulations 2010 is not required.
EQUALITIES IMPACT ASSESSMENT
This report only concerns the determination of an application for planning permission. It does however take into account any equality implications. The recommendation has been made after consideration of the application and supporting documents, the development plan, government policy and guidance, representations and all other material planning considerations as detailed in the body of the report.
STATEMENT OF HOW THE LOCAL AUTHORITY HAS WORKED WITH THE APPLICANT IN A POSITIVE AND PROACTIVE MANNER
In determining this application the Minerals Planning Authority has worked positively and proactively with the applicant by assessing the proposals against relevant Development Plan policies, all material considerations, consultation responses and any valid representations that may have been received. Issues of concern have been raised with the applicant and addressed through negotiation and acceptable amendments to the proposals. This approach has been in accordance with the requirement set out in the National Planning Policy Framework.
LOCAL MEMBER NOTIFICATION
UTTLESFORD – Thaxted
UTTLESFORD - Dunmow
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APPENDIX 2
ADDENDUM FOR THE MEETING OF DEVELOPMENT AND REGULATION COMMMITTEE 27 JANUARY 2017
Item 5.1 (DR/01/17) Land at Sandon Quarry, Molrams Lane, Sandon
Page 47 - Para 6 (County Council’s Air Quality Consultant) – Confirms an air quality assessment is not needed.
Page 62 under Section C Highway Impact – 4th para delete first sentence and replace with “In respect of comments referring to potential traffic/public user conflicts, these concerns refer to post infilling and removal of the processing plant infrastructure”.
Page 69 (a) replace the words “The revocation of’ with ‘An obligation not to carry out any works under”.
Page 71 Condition 7, 5 th line after “Waste Planning Authority” insert “The scheme shall be implemented as approved in writing by the Waste Planning Authority”
Page 71 Condition 9, 4 th line after “Waste Planning Authority” insert “The scheme shall be implemented as approved in writing by the Waste Planning Authority”
Typos:
Page 42 – para 5 end line of (a) reference to “20131/32” amend to “2031/32”
Page 43 end of sub para (d) remove bullet point.
Page 57 third para 4 th line change reference of “2023/24” to “2032/33”.
Page 59 third line down remove “.” From between reference “6.and”.
Page 68 eighth para last line change the word “nor” to “and”.
Item 5.2 (DR/02/17) Highwood Quarry, Old Ipswich Road, Little Canfield, Dunmow, Essex, CM6 1SL
Page 105 – Location. Delete ‘Little Cranfield’ and replace with ‘Little Canfield’.
Page 106 – Background. Para 4 delete ‘(ESS/45/14/BTE)’ and replace with ‘(ESS/45/14/UTT)’.
Page 108 – Para 5 - Delete ‘ESS/45/14/BTE’ and replace with ‘ESS/45/14/UTT’.
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Addendum Development & Regulation Committee 27 January 2017 Page 108 – Para 13 - Delete ‘ESS/45/14/BTE’ and replace with ‘ESS/45/14/UTT’.
Page 108 – Para 6 – Delete:
‘312 movements (56 in and 56 out) per day (Monday to Friday)
312 movements (56 in and 56 out) per day (Saturdays)’
Amend to:
‘312 movements (156 in and 156 out) per day (Monday to Friday)
312 movements (156 in and 156 out) per day Saturdays)’.
Page 110 - Consultations – Local Member – Uttlesford – Thaxted – Insert:
‘Additional comments received relating to objections on the grounds of noise disturbance. Requests consideration of the cumulative effect of other noise impacts in the area, specifically, early morning aircraft movements using Stansted Airport.
Adds that Little Easton Parish Council has concerns over how the suggested vehicle movements would be monitored and enforced and states that Stone Hall would be unreasonably disturbed by early morning movements.’
Page 110 - Consultations – County Council’s Noise Consultant –Insert:
‘Additional comments received in relation to aircraft noise.
In summary, in considering the cumulative effects of aircraft against the NPPF guidance, noise from the site would either not affect the ambient noise levels (at night – 6am-7am) or the aircraft noise would already be considered in the background noise (during the day 7am-7pm).
Compliance noise monitoring should look to isolate noise emanating from the site. This is typically achieved by extracting any extraneous noise sources, e.g. aircraft pass-by, from the data.’
Page 114 – Ecology – Para 4 – Delete ‘rounds’ and replace with ‘grounds’.
Page 114 – Legal Agreement – Delete ‘ESS/52/13/BTE’ and replace with ‘ESS/52/13/UTT’.
Page 117 – Amended Condition 6 – Delete ‘56 in and 56 out’ and replace with ‘156 in and 156 out’
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Addendum Development & Regulation Committee 27 January 2017
Item 6.1 (DR/03/17) West Wood (Ancient Woodland) East Thundersley, Essex
Page 122 CONSULTATIONS
A representation was received from Castle Point Wildlife Group.
The key points raised are summarised as follows with planning officer comments in brackets:-
1. Understand the need to look at flood alleviation and realise the devastating effect flooding has on residents. (Noted) 2. Concerned about the impact this proposal to install a bund / raised embankment at the ford crossing may have on the woods. (Refer to appraisal) 3. Westwood is an ancient woodland and Castlepoint Wildlife Group carry out the management following an agreed management plan. (Noted) 4. Concerns regarding impact on Heath Fritillary butterfly, a protected species and its habitat CowWheat. (Refer to Appraisal) 5. Impact on bridlepath and impact on accessibility in event of flood.) (Refer to appraisal) 6. Bridle path incorrectly shown on map submitted. (Will update at Committee) 7. The group have implemented various water management works (scrapes, pond size) within the woodland over past 3 years and future plans to increase size and depth of scrapes to hold more water. (Noted) 8. Concerns the proposed bund is oversized. 9. Suggest that the creation of additional scrapes and the joining together of the existing scrapes between the ford and Westbourne Close would be a better option and cause less harm to the woodland environment. 10. Access issues onto Rayleigh road and via existing track. (Construction access is proposed via an existing vehicular access to the woodland) 11. Ford Crossing upgraded in recent years, work and money would be wasted. (A crossing would be reinstated across Prittle Brook as part of the development) 12. Main sewer runs through West Wood, risk of sewage mixing with surface water. (Noted) 13. Concerns about relevant determining Planning Authority. (ECC is planning applicant and the planning application is therefore being considered under Regulation 3 by the County Planning Authority) 14. As a group we are keen to work to bring a successful scheme which protects homes but also ensures that the woods remain an area for wildlife. (Noted) 15. We reiterate our support of ensuring properties are protected from flood risk but that all options should be thoroughly investigated to deliver the best project for both residents and the woods. (Noted)
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Addendum Development & Regulation Committee 27 January 2017
Additional comments from the Environment Agency
The Environment Agency not a statutory consultee on this planning application but at the request of the Planning Authority they assessed the proposed scheme and the Flood Risk Assessment (FRA) submitted in support of the planning application and comment as follows:
The site lies within Flood Zone 1 and intercepts an ordinary watercourses. The Prittle Brook; designated main river, is approximately 275m east of the site. This is over the 16m where a Flood Risk Environmental Permit would be required.
The FRA explains that the TUFLOW direct rainfall hydraulic rainfall model produced as part of the Surface Water Management Plan in 2011 was amended and used to design the optimal size, location and combinations of the bunds and to model the flood risk impacts of the proposed schemes.
The existing SWMP modelling was amended to better incorporate the Anglian Water surface water sewer network and to include the actual dimensions of the watercourses, drainage ditches and culverts, rather than model them as at bank full.
The model was further amended to include the proposed schemes. The FRA stated that this modelling showed that the preferred scheme of all three bunds would reduce flood risk to 46 properties in the 1% (1 in 100) flood event, and that the proposed bund 3 would reduce the risk of flooding to 7 properties in the same event. The FRA also states the modelling shows the proposed scheme would not increase flood risk to third parties.
The initial SWMP modelling report was submitted but not the information on the amendments made to model the proposed scheme or provide any outputs of the revised modelling.
In conclusion, the FRA states that the proposed works would reduce surface water flood risk and would not increase flood risk elsewhere; providing the modelling has been correctly carried out.
Informative
It is recommended to add the following informative on the recommendation of the Environment Agency
Waste
If the inert soil material used for this development is deemed to be waste then an environmental permit or exemption will be required to cover its use. Details of exemptions and permits can be found on our website at https://www.gov.uk/topic/environmental-management/environmental-permits
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Addendum Development & Regulation Committee 27 January 2017 If the material is not waste, or has ceased to be waste, then a permit or exemption will not be required. Details can be found at https://www.gov.uk/guidance/turn-your- waste-into-a-new-non-waste-product-or-material The applicant is advised to contact [email protected] for advice.
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Condition 3 to be updated (with bold information ) - additional information required re. impact of footpath:
3. No development shall take place (including any ground works and site clearance) until a method statement for the flood alleviation bund in West Wood has been submitted to and approved in writing by the County Planning Authority.
The content of the method statement shall include the: a) purpose and objectives for the proposed works; b) survey baseline methodology and five year monitoring plan for Common Cow Wheat; c) adequate on-site monitoring and availability of advice over construction activities during sensitive periods or activities; d) detailed design and/or working methods necessary to achieve stated objectives (including, type and source of materials to be used); e) extent and location of proposed works shown on appropriate scale maps and plans, including the areas which will be flooded; f) timetable for implementation, demonstrating that works are aligned with the ecological requirements; g) persons responsible for implementing the works; h) initial habitat creation, aftercare and long-term maintenance; i) disposal of any wastes arising from works. j) restrictions on the removal of vegetation or earth moving within certain parts of the site; k) restrictions on the timing of the construction operations; l) restrictions on working areas through the erection of protective fencing and warning signs;
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Addendum Development & Regulation Committee 27 January 2017 m) controls over the destruction, removal or alteration of features used by protected species; n) the nature of the material to be used for the construction of the bund and confirmation that the soil/material type is compatible with the existing soil conditions of the woodland. o) measures to ensure that during the construction of the development there is no interference with access to and surface of the Bridleway PROW BENF 85
The works shall be carried out strictly in accordance with the approved details and shall be retained in that manner thereafter. All species used in the planting proposals within the Preliminary Ecological Appraisal (9th August 2016), shall be locally native species of local provenance unless otherwise agreed in writing by the County Planning Authority.
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Addendum Development & Regulation Committee 27 January 2017
AGENDA ITEM 6.1
DR/09/17
committee DEVELOPMENT & REGULATION date 24 February 2017
COUNTY COUNCIL DEVELOPMENT Proposal: The Chase, Newhall, Harlow, CM17 6JA Location: Proposed construction of a new two storey building (c.2550m² floor area) to accommodate a 2FE primary school, a 52 place early years centre/nursery with associated car, cycle and scooter parking, hard play areas, means of enclosure and landscaping and associated infrastructure on a 2.67 hectare site Ref: CC/HLW/56/16 Applicant: Essex County Council
Report by Acting Head of County Planning Enquiries to: Gráinne O’Keeffe Tel: 033301 33055 The full application can be viewed at www.essex.gov.uk/viewplanning
Reproduced from the Ordnance Survey Map with the permission of the Controller of Her Majesty’s Stationery Office, Crown Copyright reserved Essex County Council, Chelmsford Licence L000Page 19602 63 of 86
Proposed Site Layout Plan
1. BACKGROUND
The school site was included on the New Hall Master Plan approved under HW/PL/04/00302 by Harlow District Council. However, the current planning application is a full planning application to Essex County Council as the County Planning Authority under Regulation 3 of the Town and County Planning Act.
HW/PL/04/00302 - Outline planning permission is sought for the erection of 2,300 Dwellings Including Parkland and Recreation, Employment and the Development of the Local Centre into a Full Neighbourhood Centre – Granted by Harlow District Council subject to s.106 agreement
A number of reserved matters applications and approval of details reserved by condition have subsequently been approved by Harlow District Council.
2. SITE
The school site 2.67 hectares, located south of The Chase/The Bellway junction at Newhall, a new neighbourhood, currently under construction, to the east of Harlow Town.
A Grade II listed building, The Round House adjoins the eastern site boundary with recently constructed residential development further east and to the south. There is
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a green wedge to the west, as defined in the Harlow District Local Plan. The site bounds The Chase to the north with development under construction further north.
3. PROPOSAL
The proposed development incorporates:-
• 2 Form Entry (420 pupils) two storey Primary School building of c. 2550m² floor area, including 14 classrooms, main hall, library and associated toilet facilities.
• Proposed single storey 52 place Nursery building, comprising 2 pre-school classrooms and associated play recreational space.
• Provision of staff and visitor car parking and cycle/scooter parking for staff and pupils.
• Hard and soft informal play areas.
• Playing field and sports pitches, including Multiple Use Games Area (MUGA) to the south of the site.
• Vehicular access to the site is proposed via The Bellway and pedestrian access proposed via The Chase.
• Proposed means of enclosure including brick wall on east side of school and weld mesh fencing.
• Proposed landscaping.
4. POLICIES
The following policies provide the development plan framework for this application.
National Planning Policy Framework (2012) Section 1 Building a strong, competitive economy Section 4 Promoting sustainable transport Section 7 Requiring good design Section 8 Promoting healthy communities Section 10 Meeting the challenge of climate change, flooding and coastal change Section 11 Conserving and enhancing the natural environment Section 12 Conserving and enhancing the historic environment
Replacement Harlow Local Plan adopted July 2006 and saved policies 2009 Paragraph 215 of the NPPF states, in summary, that due weight should be given to relevant policies in existing plans according to their degree of consistency with the Framework.
T3 Transport Impact Assessments T6 Cycling and Walking Page 65 of 86
T9 Vehicle Parking NE11 Trees and Hedgerows NE12 Landscaping NE15 Biodiversity and Nature Conservation BE1 Achieving a Sense of Character and Identity BE2 Providing High Quality, Legible and Successful Public Realm BE4 Accessibility in the Built Environment BE6 Listed Buildings BE12 Archaeology BE13 Archaeology BE14 Archaeology BE16 Light Pollution BE21 New Hall Plan RTCS18 New Hall CP12 Public utilities - flooding
Other documents Harlow Design Guide Supplementary Planning Document (October 2011) Essex Parking Standards: Design and Good Practice (2009)
5. CONSULTATIONS
HARLOW DISTRICT COUNCIL – No comments received.
STANSTED AIRPORT - The proposed development has been examined from an aerodrome safeguarding aspect and does not conflict with any safeguarding criteria. Accordingly, the Aerodrome Safeguarding Authority for Stansted Airport has no safeguarding objections to the proposal.
LOCAL LEAD FLOOD AUTHORITY – No objection subject to conditions to submit a detailed surface water drainage scheme and maintenance plan.
HIGHWAY AUTHORITY – No objection, recommend Framework Travel Plan to be updated and require financial contribution. The principle of the development has already been established at the Outline planning stage, but the Highway Authority has fully assessed the submitted information, visited the site and is satisfied that the proposed development is not contrary to National/Local planning policy or safety criteria.
The parking provision for both vehicles and cycles/scooters is in accordance with current standards.
The applicant has submitted a Framework Travel Plan which should be worked up with Essex County Council into a working document with appropriate monitoring and aims as the school comes online. This document will help promote sustainable modes of travel to and from school by encouraging staff, parents and pupils to walk/cycle to school where possible and discourage inappropriate parent parking.
The securing of a contribution for possible future parking restrictions is considered necessary given the location of the schools’ pedestrian accesses onto The Chase, which is the main route, and bus route, through the entire Newhall development.
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The situation can then be reviewed when the school is open and operating at full capacity to see whether restrictions are necessary and if so what can be implemented.
The Highway Authority is satisfied that the proposal will not be detriment to highway safety, efficiency and capacity in the vicinity of the site or on the wider highway network.
PLACE SERVICES (Ecology) – Holding objection based on concerns regarding potential grass snake. Comment: A pre-construction survey is suggested by the applicant’s ecologist to verify the presence or otherwise of grass snakes. Confirmation as to the acceptability of this approached will be provided prior to consideration at Committee.
PLACE SERVICES (Trees) – Support subject to condition for a full arboricultural report.
PLACE SERVICES (Urban Design) – Supports the proposal
PLACE SERVICES (Landscape) - Support subject to minor amendments to boundary planting in vicinity of Roundhouse, Farm and housing and subject to conditions relating to a maintenance plan.
PLACE SERVICES (Historic Environment) - Support subject to conditions Part of the site has archaeological potential, however this is limited in scale and we have no objections to the proposed development provided that the appropriate archaeological conditions are attached to the planning permission.
PLACE SERVICES (Historic Buildings) – Support subject to conditions, with respect to a revised landscape strategy. It is not considered the presence of the school would result in an unacceptable degree of harm to the cottage. (Round House Listed Building.)
LOCAL MEMBER – HARLOW – Any comments received will be reported.
6. REPRESENTATIONS
51 properties were directly notified of the application. 5 letters of representation have been received. These relate to planning issues covering the following matters:
Observation Comment Traffic & Parking issues on The Chase See Appraisal Artificial Lighting Condition to control lighting to be imposed School use out of hours – noise & No lighting proposed as part of MUGA lighting issues and the school hall has been designed to enable community use. Details of fencing boundary with rear of Weld mesh 1.8m high. housing
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Impact upon Listed Building the Round See Appraisal House Flood/surface water run off at rear of See Appraisal Sparrow Hawk Way
7. APPRAISAL The key issues for consideration are:
A. Principal of Development B. Sustainable Transport & Highways Impact C. Design, Site Layout and Landscaping D. Flood Risk E. Impact on Natural Environment F. Impact on Historic Environment G. Impact on Residential Amenity
A PRINCIPAL OF DEVELOPMENT
The school site was included on the Master Plan for the new neighbourhood at Newhall originally approved under HW/PL/04/00302.
Therefore the development of a school/nursey on the site has been established and it is considered acceptable in principal at this location and in accordance with New Hall Master Plan (policy BE21).
B SUSTAINABLE TRANSPORT & HIGHWAYS IMPACT
The NPPF promotes sustainable transport.
Having regard to paragraph 32 of the NPPF “All developments that generate significant amounts of movement should be supported by a Transport Statement or Transport Assessment. Plans and decisions should take account of whether: ● the opportunities for sustainable transport modes have been taken up depending on the nature and location of the site, to reduce the need for major transport infrastructure; ● safe and suitable access to the site can be achieved for all people; and ● improvements can be undertaken within the transport network that cost effectively limit the significant impacts of the development. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.”
Paragraph 34 “decisions should ensure developments that generate significant movement are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised.”
Paragraph 38 “Where practical, particularly within large-scale developments, key facilities such as primary schools should be located within walking distance of most properties.”
The site of the proposed school is located in Newhall a new neighbourhood
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located to the north-east of Harlow town. The scheme is being constructed in phases with the current phase of 2300 homes currently under construction. The proposed school was master planned at an early stage to accommodate the new population growth and therefore it is considered to be sustainably located and the catchment for pupils would be within walking distance of the school (the 800m pedestrian catchment area from the centre of the site includes the town centre and extensive residential areas) and would minimise the need to travel and maximise the use of sustainable travel modes.
There is an extensive off road and on road cycle network in Harlow (map included in Appendix 2 of the Transport Statement) including an off road cycle track from the school to Harlow Town (3 miles) and Harlow Mill mainline rail station (1.5miles) which would facilitate sustainable transport by staff travelling from other parts of Harlow or a wider area.. The whole of Harlow’s built up areas and its developing residential areas are located within a 5km radius of the school site and this is considered to be an acceptable cycling distance.
There is limited public transport serving the site at present, the No. 418 bus operates hourly from The Chase towards Loughton Underground Station, but it is expected service numbers and frequency will improve as the overall neighbourhood develops.
It is considered the development would be located where the need to travel would be minimised and sustainable transport modes can be maximised in accordance with paragraphs 32, 34 and 38 of the NPPF.
A Transport Statement has been submitted in support of the planning application.
The proposed development would accommodate 420 primary school pupils, 52 nursery places and 52 staff and has been considered in relation the Essex Parking Standards.
Minimum Cycle Parking Requirements: Primary School = Minimum 1 space per 3 pupils plus 1 space per 5 staff.
The 420 primary school pupils would require a minimum of 140 cycle spaces and 52 staff would require 10 spaces. Therefore 150 cycle spaces are required to meet the policy.
The applicant proposes to install 52 cycle spaces, this is based on the assumption that at primary school only Year 5 and 6 (120 pupils=40 spaces) cycle to school and the shortfall is proposed to be made up with scooter parking spaces for younger children.
The proposal to install 52 cycle spaces and 100 scooter spaces is considered to be an acceptable strategy at the proposed primary school having regard to the Essex Parking Standards, NPPF and Policy T6(4) of the Local Plan.
Maximum Car Parking: Primary School – max. 1 space per 15 pupils = 28 spaces.
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Nursery – max. 1 space per full time (12 staff) = 12 spaces Therefore the standard would be for a maximum provision of 40 car parking spaces.
A total of 43 car parking spaces are proposed, a total of 35 in the main staff car park and a further 8 spaces (including 3 disabled access spaces) in a separate car park, both accessed of The Bellway. While the proposal exceeds the maximum standards by 3 car parking spaces, this is not considered to be significant and having regard to the fact that public transport services to the site area not yet fully operational, the additional 3 spaces over the maximum standard area considered to be acceptable in this case.
The Transport Statement has interrogated TRICS data to forecast the likely travel demand associated with the proposed primary school and nursey to be up to 232 vehicular trips (arrivals and departures) in the morning peak (08:00-09:00) and 147 vehicular trips in the afternoon peak (15:00 – 16:00). During the network PM peak (17:00 – 18:00) the proposal would generate 58 additional trips. These estimates are based on proposal without the benefit of effective Travel Plan measures designed to minimise the vehicular impact and as such represents a worst case impact estimate.
A Framework Travel Plan has been submitted in support of the planning application, as this is a new school, Strategic Highways recommend this is updated when the school is occupied. An informative has been included in the recommendation below.
Vehicular access to the site is proposed via two proposed entrances on The Bellway and pedestrian access is proposed at 3 locations, one of The Chase and two off The Bellway.
The Highway Authority has examined the proposal and comment “The Highway Authority is satisfied that the proposal will not be detriment to highway safety, efficiency and capacity in the vicinity of the site or on the wider highway network.”
The Highway Authority is also seeking to secure a contribution from the applicant for possible future parking restrictions “given the location of the schools’ pedestrian accesses onto The Chase, which is the main route, and bus route, through the entire Newhall development. The situation can then be reviewed when the school is open and operating at full capacity to see whether restrictions are necessary and if so what can be implemented.”
The applicant has been requested to enter into a memorandum of understanding to agree to the following:-
Prior to first occupation of the development the developer shall pay Essex County Council a sum of £10,000 (Ten Thousand Pounds - index linked from the date of this recommendation) contribution to be held for a period of 10 years, to cover any costs associated with implementing any Traffic Regulation Orders, for parking restrictions, signing and lining along The Chase, as may be necessary after the development has been implemented.
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As the proposed contribution is being sought for potential future works on the public highway, not directly related to the development of the proposed school and not necessary on highway safety grounds, the contribution is not considered necessary for the school development to proceed.
In conclusion, it is considered that subject to the conditions outlined below, the proposal is in accordance with the principle of promoting sustainable transport in the NPPF and policies T3, T6 and T9 of the adopted Harlow Local Plan.
C DESIGN, SITE LAYOUT AND LANDSCAPING
It is a core planning principal of the NPPF to “always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings.”
Paragraph 60 of the NPPF states “decisions should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles. It is, however, proper to seek to promote or reinforce local distinctiveness.”
A Design and Access Statement is submitted in support of the planning application.
The school buildings are proposed in the triangular part of the site to the north, classrooms face south and look onto the playing fields further south, ancillary facilities are located to the north facing the street, creating public and private zones.
The Councils Urban Design Consultant supports the proposed school design and site layout and comments as follows: • “The design philosophy has remained consistent, with a strong building frontage, form and massing providing a new school which meets the wider ethos of the New Hall development. • The arrangement of the school on site enables the school to take a more interactive location with the surrounding (and emerging development, while maximising the school grounds and providing a separation between the school and the public realm. • The proposed school responds well to the public realm; the entrance plaza space provides opportunities for interaction between the Early Years and the Primary School entrances. The site levels (and school building line) have been utilised to help reinforce the school private/public secure boundary. • The rationale for the emerging materials specification is sound, having been developed as a concept throughout the pre application process. • The Siberian Larch cladding is an appropriate material for the school, taking design reference from the local centre Hub building which is located at the end of The Chase. • The proposed fenestration design is bold, crisp and suitable for the building design/form. • We reviewed proposed material samples during the pre-application process
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and will not require any additional information to this regard. Summary - The proposed school for New Hall positively represents a modern and contemporary approach to architecture and design. The school design and layout has been developed throughout the pre-application process and through this collaborative approach, the submitted proposals represent a positive outcome which we are happy to support.”
In conclusion, it is considered the proposed development represents high quality architectural and urban design and would achieve good design in accordance with the NPPF and policies BE1, BE2 and BE4 of the Harlow Local Plan.
D FLOOD RISK
The site is located with Flood Zone 1, low flood risk, as per the Environment Agency mapping ‘Risk of flooding form Rivers and Sea’, where the land is assessed as having a less than 1 in 1,000 annual probability of river or sea flooding (<0.1%).
A site specific flood risk assessment is required for proposals of 1 hectare or greater in Flood Zone 1 (as per Footnote 5 of paragraph 103 of NPPF). A site specific ‘Flood Risk Assessment and Drainage Strategy’ has been submitted in support of the planning application.
The report considers flood risk sources, fluvial, groundwater and surface water.
The site in Flood Zone 1 is at low risk of fluvial flooding.
Site investigations encountered groundwater at depths of 6.8m and 4.8m below ground level, groundwater was not encountered in shallower bore holes and risk of groundwater flooding affecting the site is stated to be low.
Having regard to the Environment Agency maps the report states the site is generally at very low risk of surface water flooding but does indicate isolated areas at medium to high risk of flooding but the report states these areas are not in a flow path and probably represent areas of low ground levels and these would be eliminated by the redevelopment of the site.
The proposed development of buildings, hard surface and playing courts would generate a requirement for surface water drainage.
The applicant is proposed a surface water drainage strategy as follows:
• Surface water run-off from the roof area would be directed to soakaways • The staff car park would crossfall to lined filter drains that would treat run- off before discharging to a soakaway for infiltration to ground. • The MUGA would crossfall to filter drains that would both treat run-off and promote infiltration into the sub soils. Filter drain flows would be directed to a soakaway for infiltration to ground. • Other hard paved areas to be constructed in permeable paving. • The use of filter drains, soakaways and permeable paving would provide water quality benefits, providing protection to receiving watercourses and
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groundwater. All design would be for the 1 in 100 year event +40% allowance for future climate change.
The Local Lead Flood Authority (LLFA) is a statutory consultee on major development with surface water drainage. They are satisfied with the proposed drainage strategy subject to a detailed design for the surface water drainage scheme being submitted for approval prior to commencement of development on site.
The Flood Risk Assessment concludes that the drainage strategy above would ensure the requirement in the NPPF that development does not increase flood risk elsewhere, would be met.
In conclusion, having regard to the location of the site in Flood Zone 1, it is considered the proposed development would not be at fluvial flood risk, and having regard to the sustainable drainage strategy proposed, it is considered that the development would not result in flood risk elsewhere and would meet the challenge of climate change and flooding in accordance with the NPPF and Policy CP12 of the Harlow Local Plan.
E IMPACT ON NATURAL ENVIRONMENT
It is a core planning principle of the NPPF to “contribute to conserving and enhancing the natural environment”
Biodiversity An Extended Phase 1 Survey is submitted in support of the planning application and includes a desktop study and walk over on 25 th August 2015.
There are no Special Areas of Conservation (SAC) or Special Protection Area (SPA) within 5km radius of the site.
There are three Special Sites of Scientific Interest (SSSI) within 5km of the site, Harlow Woods, Hunsdon Mead and Sawbridgeworth Marsh.
There are four Local Nature Reserves within 5km of the site, the nearest is Harlow March approx., 3km to the north west. All sites are separated from the site by urban development and it is considered the proposed development is unlikely to have significant impact on any of them.
There are four Local Wildlife Sites (LoWS) within 5km radius of the site Gravelpit Spring is adjacent to the site and the nearest parts of Brenthall Woods (ancient woodland) and Newhall Reedbeds are located approximately 100m to the south. Perry Spring reservoir is located further away.
The submitted report states “ Potential impacts would normally be considered for the sites in close proximity but in this case as the woodland is separated from the site by the surrounding development of Newhall (which is adjacent to woodland) it would not be possible to distinguish any impacts of construction or operation of a new school from that of the surrounding housing development.”
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The report concluded there to be little suitable habitat for common reptiles within the site. However, a small section of amphibian and reptile fencing (PAF) was identified along the southern boundary of the school site. The Councils Ecology Consultant has raised a holding objection regarding concerns that the habitat onsite may still support grass snake.
A pre-construction survey is recommended in the report and as no priority species were identified during the walkover survey, this is considered an acceptable approach.
The Councils Arboricultural Consultant has requested a survey prior to commencement of development, this is in accordance with policy NE 11 of the Local Plan.
In conclusion it is considered that the proposed development would conserve and enhance the natural environment in accordance with the NPPF and policy NE15 of the Harlow Local Plan.
F IMPACT ON HISTORIC ENVIRONMENT
The Round House, a Grade II Listed Building is located immediately adjacent to the eastern site boundary and elevated above it.
The Historic England List Entry states the following:- “Lodge cottage, late C18, extended in early C20. Timber framed, plastered, roof thatched. Octagonal, with central chimney stack, in 2 rooms at each floor, built as 2 cottages, now combined. Extension to SE with chimney stack at end, early C20. Minor lean-to extensions to NE and W. 2 storeys. Pyramidal stop roof, extended with a gable to SE All existing doors and windows C20. On upper floor of NW elevation a blocked window, designed externally to resemble a four-petalled flower, with a diamond-shaped frame visible internally through wallpaper. A similar diamond-shaped window in. SE elevation, visible through wallpaper inside the extension. In the tithe award of 1849 this building was occupied as 2 tenements (then in the parish of Harlow). It is marked on the First Edition 1" Ordnance Survey c.1802. Originally it was a lodge cottage on the western approach to Hubbards Ball, although this access is now interrupted.” (26 April 1984)
It is a core planning principle of the NPPF to “conserve heritage assets in a manner appropriate to their significance, so that they can be enjoyed for their contribution to the quality of life of this and future generations”
A Heritage Statement has been submitted in support of the planning application as required by paragraph 128 of the NPPF.
The Heritage Statement considers the impact of the proposed development on the setting of the Round House listed building.
The listed building itself will experience no change to the historic fabric.
In considering the impact on the setting of the listed building, the Heritage Statement concludes, “The character and the context of the environs will
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experience a considerable change occasioned by the proposal. The open pasture around the house will be largely lost, but will be replaced with large areas of similarly open green space for playing and sports fields. The school site offers some relief from the enveloping effect of the new buildings, in that the mass of the buildings are effectively moved from a reasonable arc of sight and lowered by the lie of the land, reducing their visual impact and the degree to which they intrude into the views out of the site. Only upon the school site does there remain such an opportunity to draw the buildings away from the Round House and provide a more considered design which respects the setting of the Listed building. There are first floor windows to the Round House which face south west and one, upon the facet of the octagon, which faces west. A good margin of garden and green space will remain between the house and the school site boundary and directly within the school site is a green and planted natural habitat margin, with low level scrub vegetation in a faithful evocation of the pasture edges which once were here. This will provide a bucolic margin to the view out of the house to the west. A deliberate opportunity is retained to enjoy direct views between the house and New Hall Farm, in effect across the valley of the school site, where only surface features will be placed (playing fields and parking), with occasional trees. All, in essence, almost as open as at it was when open pasture. The general grade and slope of the land will not be significantly changed and the house will remain upon a promontory, visible from some distance away, especially from the southern and western quadrants. Overall the setting of the Round House is considered to have a high heritage value and it will experience moderate change due to the new school, resulting in a moderate/large impact due to the proposal for the school.”
The Councils Historic Buildings Consultant considers the proposed development would not result in an unacceptable degree of harm to the setting of the listed building and comments as follows: “The positioning of the school on this site, rather than housing, will result in the heritage asset not being comprehensively subsumed by higher density modern development. The applicant has introduced a ‘buffer zone’ of planting which will screen the development and give a sense of privacy. Whilst it is acknowledged that a solid evergreen planting scheme would be undesirable, the applicant should be mindful that during winter months the proposed screening will be less effective. During this time there will be outward views from The Roundhouse of the school and car parking. Given the distance, I do not consider the presence of the school would result in an unacceptable degree of harm to the cottage. It would be advantageous, however, to reconfigure the existing site layout to provide a greater degree of separation between the listed building and on-site vehicular parking.”
Having regard to the significance of the Grade II listed building, its relationship with the proposed school buildings and pitch layout and elevated location, it is considered that the impact on the setting of the listed building would be relatively significant. However, this impact must also be considered in the context of the impact on the listed building from the surrounding residential developments which has already had a significant impact on the setting and considering must be given to the fact the layout of the school site has sought to minimise impact to the setting of the listed building by retaining openness and views westwards across the playing fields.
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Having regard to paragraph 134 of the NPPF “Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal ”
The proposed school was master planned within the Newhall neighbourhood to meet the educational needs of the new population in the neighbourhood of 2300 homes currently under construction and on balance the public benefit of the proposed school is considered to outweigh the less than substantial harm to the setting of the listed building.
In conclusion, it is considered that the proposed development would not result in significant adverse impact on the setting of The Round House, a Grade II listed Building and the development as proposed would adequately conserve the historic environment in accordance with the NPPF and Policy BE 6 of the Harlow Local Plan.
G IMPACT ON RESIDENTIAL AMENITY
The proposed school buildings are located at the northern end of the site fronting the public highway at The Bellway/The Chase junction.
There nearest residential property is on the opposite side of the street.
The playing fields are located to the south of the site and surrounded by residential properties.
Having regard to the distance between buildings there would be no loss of daylight or sunlight to existing buildings and no overlooking.
It is considered that the development as proposed would not result in significant adverse impact on the amenity of adjoining occupiers and would be in accordance with the NPPF and policy BE16 of the Harlow Local Plan
8. CONCLUSION
The site has been identified in the New Hall masterplan for school use, therefore the development is considered acceptable in principal at this location.
It is considered that the proposed development is sustainably located and would not be detrimental to highway safety, efficiency or capacity in the vicinity of the site or on the wider highway network.
The development would be at low risk of flooding and having regard to the sustainable drainage strategy proposed would not result in flood risk elsewhere.
Having regard to the location of the site within the overall area master planned for development at New Hall, it is considered that the proposed development would not result in significant adverse impact on the setting of The Round House, a Grade II listed Building and the development as proposed would adequately conserve the historic environment The proposed school was masterplanned to meet the educational needs of the new population in the neighbourhood of 2300
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homes currently under construction and on balance the public benefit of the proposed school is considered to outweigh the less than substantial harm to the setting of the listed building
The proposed development is considered to represent good quality architectural and urban design and would protect the residential amenity of adjoining occupiers.
Subject to the conditions listed below, the development as proposed is considered to be acceptable in accordance with the National Planning Policy Framework and policies T3 ,T6, T9 ,NE11, NE12, NE15 ,BE1, BE2, BE4, BE6, BE12,BE13 ,BE14, BE16, BE21, RTCS18 and CP12 the Harlow Local Plan.
9. RECOMMENDED
That pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992, planning permission be granted subject to the following conditions:
1. The development hereby permitted shall be begun before the expiry of 3 years from the date of this permission. Written notification of the date of commencement shall be sent to the County Planning Authority within 7 days of such commencement.
Reason: To comply with section 91 of the Town and Country Planning Act 1990 [as amended].
2. The development hereby permitted shall be carried out in accordance with the details submitted by way of application reference CC/HLW/56/16 validated on 14 December 2016 including the following drawings and documents:
Drawings Prepared by ASTUDIO Architecture PL-00-GA-000600 Rev. D Site Location Plan PL-00-GA-000610 Rev. D Block Plan PL-00-GA-001120 Rev. E Ground Floor Plan PL-01-GA-001121 Rev. E First Floor Plan PL-02-GA-001122 Rev. C Roof Plan A-EL-002000 Rev. F North West and North East Elevations A-EL-002001 Rev. E South West and South East Elevations A-SEC-003000 Rev. E Primary School Sections A-SEC-003001 Rev. D Early Years Sections
Drawings prepared by Wynne-Williams Associates Landscape Architects 1639_LL_102 Rev. P01 External Definition 1639_LSe_401 Rev. P00 Sports Pitch Sections 1639_LSe_402 Rev. P00 Sports Pitch Sections Sheet 2 1639_LL_101 Rev. P02 Sports Pitch Layout 1639_LL_103 Rev. P01 Main Layout Plan 1639_LL_104 Rev. P02 Open Space Layout 1639_LP_302 Rev. P01 Planting Plan Sheet 1 1639_LP_303 Rev. P01 Planting Plan Sheet 2 1639_LSe_404 Rev. P00 Site Sections Page 77 of 86
1639_LL_110 Rev. P00 Site Location Plan
Documents: • Planning Statement, prepared by Strutt and Parker, dated December 2016 • Design and Access Statement, prepared by ASTUDIO Architects, dated 09/12/16 • Heritage Statement, prepared by Architectural Management, dated December2016 • Transport Assessment, prepared by Journey Transport Planning, dated December 2016 • Framework Travel Plan, prepared by Journey Transport Planning, dated December 2016 • Flood Risk Assessment and Drainage Strategy, prepared by Rossi Long Consulting, dated December 2016 and additional information including permeable paving calculations received by email from Strutt & Parker on 19/01/2017 • Extended Phase 1 Survey, prepared by Richard Graves Associates, dated September 15
and in accordance with any non-material amendment(s) as may be subsequently approved in writing by the County Planning Authority.
Reason: To ensure development is carried out in accordance with the approved plans.
3. Bicycle Parking Prior to first occupation of the proposed building, a minimum of 52 covered bicycle stands and 100 pupil scooter parking stands shall be erected on site at the locations indicated on drawing Number 1639_LL_103 Rev. P01 Main Layout Plan. Within one month of commencement of development on site, detailed design drawings for the covered bicycle stand and covered scooter stand shall be submitted for the prior written approval of the County Planning Authority and the development carried by implemented in accordance with the approved details.
Reason: In the interests of promoting sustainable transport in accordance with the National Planning Policy Framework (NPPF)(2012) and to comply with policy T6 of the adopted Harlow Local Plan (HLP) (2006, saved 2009)
4. Archaeology No development or preliminary groundwork’s of any kind shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the local planning authority.
Reason: To conserve the historic environment in accordance with the NPPF and policies BE12, BE13, BE14 of the Harlow Local Plan (adopted 2006, saved 209) Although much of the proposed development site has been subject to past disturbance, there is the potential for undisturbed ground on the fringes of the development area. Excavation of the area immediately opposite the site recovered extensive archaeological remains dating from the later Neolithic through to the Anglo-Saxon period. There is therefore a possibility that
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archaeological finds or features may survive on the edges of the development area.
5. Detailed Surface Water Drainage Scheme No development shall take place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme should include but not be limited to: • Discharge to the ground. Additional infiltration testing should take place to support the detailed strategy. Should it be found at that stage that infiltration is not possible an alternative discharge strategy based on greenfield discharge should be agreed by the local authority. • Provide sufficient storage to ensure no off site flooding as a result of the development during all storm events up to and including the 1 in 100 year plus 40% climate change event. • Final modelling and calculations for all areas of the drainage system. • The appropriate level of treatment for all runoff leaving the site, in line with the CIRIA SuDS Manual C753. • Detailed engineering drawings of each component of the drainage scheme. • A final drainage plan which details exceedance and conveyance routes, FFL and ground levels, and location and sizing of any drainage features. • A written report summarising the final strategy and highlighting any minor changes to the approved strategy.
The scheme shall subsequently be implemented prior to first occupation of the proposed school and nursery buildings.
Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site. To ensure the effective operation of SuDS features over the lifetime of the development. To provide mitigation of any environmental harm which may be caused to the local water environment. Failure to provide the above required information before commencement of works may result in a system being installed that is not sufficient to deal with surface water occurring during rainfall events and may lead to increased flood risk and pollution hazard from the site.
To ensure development does not increase flood risk elsewhere and does not contribute to water pollution having regard paragraph 103 and paragraph 109 of the NPPF and policy CP12 of the HLP.
6. Scheme to minimise off surface and ground water flooding during construction No development shall take place until a scheme to minimise the risk of offsite flooding caused by surface water run-off and groundwater during construction works and prevent pollution has been submitted to, and approved in writing by, the local planning authority. The scheme shall subsequently be implemented as approved.
Reason: To ensure development does not increase flood risk elsewhere and does not contribute to water pollution having regard paragraph 103 and paragraph 109
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of the NPPF and policy CP12 of the HLP.
7. Surface Water Drainage System - Maintenance Plan Prior to first occupation of the proposed school building a Maintenance Plan detailing the maintenance arrangements including who is responsible for different elements of the surface water drainage system and the maintenance activities/frequencies, has been submitted to and agreed, in writing, by the Local Planning Authority.
Reason: To ensure appropriate maintenance arrangements are put in place to enable the surface water drainage system to function as intended to ensure mitigation against flood risk having regard to the NPPF and policy CP12 of the HLP
8. Surface Water Drainage S ystem - Maintenance Logs The applicant or any successor in title shall maintain yearly logs of maintenance which should be carried out in accordance with the Maintenance Plan approved under Condition 7. These must be available for inspection upon a request by the County Planning Authority.
Reason: To ensure the SuDS are maintained for the lifetime of the development as outlined in any approved Maintenance Plan so that they continue to function as intended to ensure development does not increase flood risk elsewhere and does not contribute to water pollution having regard paragraph 103 and paragraph 109 of the NPPF and policy CP12 of the HLP. 9. Arboricultural Survey No development shall take place until a full Arboricultural survey and report in accordance with BS5837:2012 has been submitted to and approved in writing by the County Planning Authority.
The report shall include the following: a) a plan that shows the position, crown spread and root protection area in accordance with section 5.5 of BS5837:2012 of every retained tree on site and on neighbouring or nearby ground to the site in relation to the approved plans and particulars. The positions of all trees to be removed shall be indicated on the plan. b) details of each surveyed tree in a separate schedule in accordance with section 4 of BS5837:2012 c) a schedule of tree works for all the retained trees specifying pruning and other remedial or preventative work. All tree works shall be carried out in accordance with BS3998:2010. d) details and positions of the ground protection in accordance with section 2 of BS5837:2012. e) details and positions of Tree Protection Barriers identified separately where required for different phases of construction work [e.g. demolition, construction, hard landscaping] in accordance with section 6.2 of BS5837:2012. The Tree Protection Barriers shall be erected prior to each construction phase commencing and remain in place, and undamaged for the duration of that phase. No works shall take place on the next phase until the Tree Protection Barriers are repositioned for that phase. f) details and positions of the Construction Exclusion Zones in accordance with section 6.2 of BS5837:2012.
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g) details and positions of the underground service runs in accordance with sections 4.2 and 7.7 of BS5837:2012. h) details of any changes in levels or the position of any proposed excavations, including those on neighbouring or nearby ground in accordance with paragraph. 5.4.2 of BS5837:2012. i) details of any special engineering required to accommodate the protection of retained trees [e.g. in connection with foundations, bridging, water features, surfacing] in accordance with section 7.5 of BS5837:2012. j) details of the methodology to be employed with the demolition of buildings, structures and surfacing within or adjacent to the root protection areas of retained trees. k) details of the methodology to be employed for the installation of drives and paths within the RPAs of retained trees in accordance with the principles of “No- Dig” construction. l) details of the methodology to be employed for the access and use of heavy, large, difficult to manoeuvre plant [including cranes and their loads, dredging machinery, concrete pumps, piling rigs, etc] on site. m) details of the methodology to be employed for site logistics and storage, including an allowance for slopes, water courses and enclosures, with particular regard to ground compaction and phototoxicity n) details of the method to be employed for the stationing, use and removal of site cabins within any root protection areas in accordance with section 6.2 of BS5837:2012. o) details of tree protection measures for the hard landscaping phase in accordance with section 5.6 of BS5837:2012. p) the timing of the various phases of the works or development in the context of the tree protection measures.
Reason: To ensure that retained trees are protected from damage in the interests of visual amenity in accordance with the NPPF policy NE11 of the HLP.
10. No surface water discharge onto public highway There shall be no discharge of surface water onto the Highway.
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 the NPPF.
11. Boundary Landscape Treatment Within one month of commencement of construction on site a detailed scheme of landscape treatment for the boundaries and immediate areas adjacent to the Roundhouse, the Farmhouse and neighbouring housing shall be submitted for the prior written approval of the County Planning Authority. The plans shall be drawn to a scale of not less than 1:200; details shall include finished levels and contours, soil and plant specifications, schedules of plants, plant sizes and proposed numbers.
Note this condition is has been applied notwithstanding the submitted landscape plans 1639-LP-302/303 P01.
The approved scheme of landscape shall be implemented in full in accordance
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with the approved details in the first planting season following the commencement of development.
Any planting removed, dying or becoming seriously damaged or diseased within ten years of planting shall be replaced within the first available planting season thereafter (on a 1:1 basis for the first five years) with planting of similar size and which shall then be planted in the first available planting season.
Reason: In the interests of visual amenity and conserving and enhancing the natural and historic environment (in the vicinity of The Round House listed building) in accordance with the NPPF and policy BE6 of the HLP .
12. Management of Bounda ry Planting Prior to first occupation of the proposed school buildings, a scheme for the management and maintenance of the soft landscape areas covering a minimum period of 10 years, shall be submitted for the prior written approval of the County Planning Authority. The scheme shall be implemented in full in accordance with the approved details.
Any planting removed, dying or becoming seriously damaged or diseased within ten years of planting shall be replaced within the first available planting season thereafter (on a 1:1 basis for the first five years and at the discretion of the County Planning Authority for the second five years) with planting of similar size.
Reason: In the interests of amenity and to ensure that the landscape scheme is managed appropriately during its formative period and when mature in accordance with the NPPF and policies NE11 and NE12 of the HLP.
13. Biodiversity/Ecology No development or preliminary groundworks of any kind shall take place until the applicant has undertaken a pre-construction ecological survey in accordance with details that shall have been previously submitted and approved in writing by the County Planning Authority. If protected species are identified during the survey a scheme of mitigation/translocation shall be submitted to and approved in writing by the County Planning Authority and the approved scheme implemented prior to any development or preliminary groundworks.
Reason : To make appropriate provision for conserving and enhancing the natural environment within the approved development, in the interests of biodiversity and in accordance with the NPPF and HLP policy NE15.
14. Bin Storage Details Prior to first occupation of the proposed building, the bin storage structures shall be installed at the locations indicated on drawing Number 1639_LL_103 Rev. P01 Main Layout Plan. Within one month of commencement of development on site, detailed design drawings for the proposed structures shall be submitted for the prior written approval of the County Planning Authority and the development carried by implemented in accordance with the approved details.
Reason: In the interests of visual amenity from the streetscape and to ensure good design in accordance with the National Planning Policy Framework (2012).
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15. External Lighting Design Prior to installation of any external lighting on site, full detailed design including specification of light fitting shall be submitted for the prior written approval of the County Planning Authority and the lighting shall be installed in accordance with he approved scheme.
Reason: In the interests of amenity and to protect the natural environment in accordance with National Planning Policy Framework and policy BE16 of the HLP.
INFORMATIVES
School Travel Plan Prior to the beneficial occupation of the development it is advised that a Travel Plan including monitoring arrangements is prepared, in liaison with the Highway Authority, and subsequently implemented in full. The school, in association with Essex County Council’s School Travel Planning Advisor, is advised to agree the frequency of reviewing and, where necessary, updating the School Travel Plan. To this end, the School Travel Planning Advisor will provide assistance in identifying measures that should help to mitigate the overall impact of the proposal.
Works within or affecting the public highway 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 is advised to contact the Development Management Team by email at [email protected] or by post to: SMO3 - Essex Highways, Childerditch Highways Depot, Hall Drive, Brentwood. CM13 3HD.
Cycle pathways The Highway Authority advise that pathways to the cycle store facility should be a minimum width of 2m so bikes can pass each other easily and do not hinder the use of the facility.
BACKGROUND PAPERS
Consultation replies Representations
THE CONSERVATION OF HABITA TS AND SPECIES REGULATIONS 2010 (as amended)
The proposed development would not be located adjacent to/within distance to a European site.
Therefore, it is considered that an Appropriate Assessment under Regulation 61 of The Conservation of Habitats and Species Regulations 2010 is not required.
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EQUALITIES IMPACT ASSESSMENT
This report only concerns the determination of an application for planning permission. It does however take into account any equality implications. The recommendation has been made after consideration of the application and supporting documents, the development plan, government policy and guidance, representations and all other material planning considerations as detailed in the body of the report.
STATEMENT OF HOW THE LOCAL AUTHORITY HAS WORKED WITH THE APPLICANT IN A POSITIVE AND PROACTIVE MANNER
In determining this planning application, the Local Planning Authority has worked with the applicant in a positive and proactive manner based on seeking solutions to problems arising in relation to dealing with the planning application by liaising with consultees, respondents and the applicant/agent and discussing changes to the proposal where considered appropriate or necessary. This approach has been taken positively and proactively in accordance with the requirement in the NPPF, as set out in the Town and Country Planning (Development Management Procedure)(England) Order 2015.
LOCAL MEMBER NOTIFICATION
HARLOW – Ward
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AGENDA ITEM 7.1
DR/10/17
Committee DEVELOPMENT & REGULATION
Date 24 February 2017
INFORMATION ITEM Applications, Enforcement and Appeals Statistics
Report by Director of Operations, Environment & Economy
Enquiries to Emma Robinson – tel: 03330 131 512 or email: [email protected]
1. PURPOSE OF THE ITEM
To update Members with relevant information on planning applications, appeals and enforcements, as at the end of the previous month, plus other background information as may be requested by Committee.
BACKGROUND INFORMATION
None.
Ref: P/DM/Emma Robinson/
MEMBER NOTIFICATION
Countywide.
Major Planning Applications SCHEDULE Nº. Pending at the end of December 22
Nº. Decisions issued in January 0
Nº. Decisions issued this financial year 32
Overall % in 13 weeks or in 16 weeks for EIA applications or applications 100% within the agreed extensions of time this financial year (Target 60%)
Nº. Delegated Decisions issued in January 0
Nº. Section 106 Agreements pending at the end of January 8
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Minor Applications % of minor applications in 8 weeks or applications within the agreed 98% extensions of time this financial year (Target 70%)
Nº. Pending at the end of December 3
Nº. Decisions issued in January 1
Nº. Decisions issued this financial year 46
Nº. Delegated Decisions issued in January 1
All Applications Nº. Delegated Decisions issued in January 1
Nº. Committee determined applications issued in January 0
Nº. of Submission of Details dealt with this financial year 123
Nº. of Submission of Details pending at the end of January 75
Nº. of referrals to Secretary of State under delegated powers in January 0
Appeals Nº. of outstanding planning and enforcement appeals at end of January 2
Nº. of appeals allowed in the financial year 0
Nº. of appeals dismissed in the financial year 0
Enforcement Nº. of active cases at end of last quarter 24
Nº. of cases cleared last quarter 6
Nº. of enforcement notices issued in January 0
Nº. of breach of condition notices issued in January 0
Nº. of planning contravention notices issued in January 0
Nº. of Temporary Stop Notices issued in January 0
Nº. of Stop Notices issued in January 0 Page 86 of 86