Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

Reference: Site: 13/01163/FUL Land at Thames Industrial Estate Princess Margaret Road East Tilbury Essex RM18 8RH

Ward: Proposal: East Tilbury Redevelopment of an area of previously developed land towards the southern boundary of Thames Industrial Estate to provide 50 dwellings, together with an associated financial commitment towards the repair, upkeep and stewardship of surrounding former factory buildings (some of which are listed), improved access arrangements and the creation of an area of public open space along the site frontage.

Plan Number(s): Reference Name Received 200/001 Planning Application Boundary 4.12.13 200/002 Demolition Plan 4.12.13 200/200 Layout Plan 4.12.13 200/201 Rev C Masterplan 4.12.13 200/300 REV A House type 02A 06.09.14 200/301 REV A House type 02A 06.09.14 200/302 REV A House type 02B 06.09.14 200/303 REV A House type 02B 06.09.14 200/304 REV A House type 02C 06.09.14 200/305 REV A House type 02C 06.09.14 200/306 REV A House type 03A 06.09.14 200/307 REV B House type 03A 06.09.14 200/308 REV A House type 03B 06.09.14 200/309 REV B House type 03B 06.09.14 200/310 REV A House type 03C 06.09.14 200/311 REV B House type 03C 06.09.14 200/312 REV A House type 03D (Garage end) 06.09.14 200/313 REV B House type 03D (Garage end) 06.09.14 200/314 REV A House type 03D (Dwelling end) 06.09.14 200/315 REV B House type 03D (Dwelling end) 06.09.14 200/316 REV A House type 04A (Garage end) 06.09.14 200/317 REV A House type 04A (Garage end) 06.09.14 200/318 REV A House type 04A (Dwelling end) 06.09.14 200/319 REV A House type 04A (Dwelling end) 06.09.14 Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

200/350 Rev B Terrace 01 & 02 Plans and elevations 06.09.14 200/351 REV B Terrace 03 & 04 Plans and elevations 06.09.14 200/352 REV B Terrace 05 & 06 Plans and elevations 06.09.14 200/400 REV A Site Sections A, B & C 06.09.14 200/401A REV A Site Sections D, E & F 06.09.14 200/500 REV A Terrace plans ground floor 06.09.14 200/501 REV A Terrace plans first floor 06.09.14 D0214 004 Typical Sections 4.12.13 13-T006 01.1 Rev B Proposed access incorporating MOT Centre 09.04.14 13-T006 01.2 Rev B Proposed access incorporating MOT Centre 09.04.14 13-T006 11 Swept Path Analysis 09.04.14 13-T006 12.1 Proposed access incorporating MOT centre – 09.04.14 Swept path analysis – large car 13-T006 12.2 Proposed access incorporating MOT centre – 09.04.14 Swept path analysis – box van 13-T006 14 Proposed access incorporating MOT Centre 09.04.14 13-T006 13 Car park space dimensions 09.04.14

The application is also accompanied by: - Planning Statement, Iceni, Nov 2013 - Design, Access and Heritage Statement, RII, Nov 2013 - Transport Assessment, Iceni, Nov 2013 - Sustainability Statement, Iceni, Nov 2013 - Energy and Water Statement, Iceni, Nov 2013 - Utilities Statement, Ardent, Nov 2013 - Flood Risk and Surface Water Drainage Assessment, Ardent, Nov 2014 - TIE Sequential Test, Iceni letter dated 10.09.14 - Noise Impact Assessment, Ardent, Nov 2013 - Statement of Community Engagement, Iceni Projects, Nov 2013 - Archaeological Desk-based Assessment, CgMs, Nov 2013 - Ecological Assessment, Ecology Solutions Ltd, Nov 2013 - Arboricultural Implications Report, Simon Jones Associates, Dec 2013 Applicant: Validated: Thames Industrial Estate Limited 6 December 2013 Date of expiry: 7 March 2014 Recommendation: Approval subject to s106 agreement and conditions

1.0 DESCRIPTION OF PROPOSAL

1.1 The application proposes the redevelopment of an area of previously developed land towards the south-eastern boundary of Thames Industrial Estate (TIE). The site contains buildings formally used as the computer centre and an area formally used as car parking in connection with the former Bata Estate (now TIE). The Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

application site also extends along the eastern frontage of TIE. The application proposes;  Erection of 50 dwellings  Amended access arrangements to the TIE  Creation of an area of public open space along the site frontage  Financial commitment towards the repair, upkeep and stewardship of surrounding former factory buildings forming part of the TIE.

1.2 These elements are further described below;

1.3 Layout – The proposed residential parcel of the site is located within the south- eastern part of the current TIE and measures 1.6ha. The 50 dwellings proposed comprise a mix of two, three and four bedroom houses as detailed in the schedule below.

1.4 The houses are proposed to be laid out in a series of 6 terraces referred herein as Terraces 1 to 6. Two terraces (No 1 and 2) are proposed parallel to the adjacent five–storey listed factory Building 13 (Trafalgar House) and follow the grid arrangement of the existing principle buildings within the TIE. The terraces are aligned back to back and each contains 11 houses. The ends of the terraces do not extend forward of the eastern or western elevation of Trafalgar House. Each terrace measure 80m wide and are set back from the road frontage with Princess Margaret Road by 35m.

1.5 The application proposes a further four rows of terraced housing to the south (Terraces No. 3-6). Each terrace contains 7 houses. They are proposed to be sited on a perpendicular axis to both Terraces 1 and 2 and the principle grid arrangement established by the wider TIE. Each terrace measures 51m long. The most easterly terrace (Terrace No.6) is set back 22m from the road frontage with Princess Margaret Road. The terraces are laid out in a back-to-back arrangement. A central boulevard is proposed between the two pairs of terraces.

1.6 The layout affords a 14.6m back to back distance between the terraces. Each house has a private garden of c.52sq.m and this is supplemented by balconies that range in size from 6sq.m to 18sq.m with the average terrace being 10.3sq.m.

1.7 Each of the dwellings has an internal garage and an allocated parking space within a forecourt. Thirteen visitor parking spaces are proposed in a parallel arrangement along an internal road in the southern part of the site and around the western perimeter.

1.8 The application proposes the reconfiguration of parking serving the existing Building 13. A total of 32 parking spaces arranged in rows and proposed to be created between the access road and the building. A large vehicle turning head is proposed Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

immediately to the west of Building 13.

1.9 The application proposes the creation of an area of public open space along the frontage of the TIE. At present the site frontage contains a 1,750sq.m area of open space which includes the Tomas Bata statue. The northern boundary of this area is currently defined by a row of coniferous trees. The area to the north currently comprises maintained grassland located between Building 12 and the site’s frontage with Princess Margaret Road. This area is currently part of the TIE and fenced off preventing public access. The application proposes to incorporated a triangular shaped area of c.1,000sq.m into the open space, make it publically accessible and undertake hard and soft landscaping.

1.10 Scale and Appearance – The proposal incorporates three principle housing types and a number of derivations;  House Type 2 (incorporating derivations a, b and c); this comprises 10 two- bedroom two-storey terraced houses. The houses measure 7.2m wide, 9.7m deep by 6.5m high.  House Type 3 (incorporating derivations a, b, c and d); this comprises 38 three- bedroom two-storey terraced houses. The houses measure 7.2m wide, 9.7m deep by 6.5m high.  House Type 4; this comprises 2 four-bedroom three-storey end of terraced houses. The houses measure 7.8m wide, 9.7m deep by 9m high. This house type is employed on the eastern end of Terrace 1 and the northern end of Terrace 6.

1.11 The proposed houses have shallow mono-pitched metal standing seam roofs influenced by the architectural detailing of the original phases of Bata housing, albeit in a contemporary fashion. The houses are in a limited pallet of materials principally finished in render or brick. All houses have an integral garage and a front facing balcony. Eight units comprising House type 02a, 02b and 04a also have rear facing balconies.

1.12 Landscaping and public realm – With regards to the proposed residential parcel, a drainage swale is proposed around the northern and eastern boundary. The northern swale defines the northern boundary of the residential parcel and runs parallel with the internal access road from Princess Margaret Road. The eastern swale runs parallel with Princess Margaret Road. The application proposes tree planting around the perimeter and within the site.

1.13 The residential parcel incorporates two areas of open space. The first within the north-eastern corner of the site measures 742sq.m. The second is located in the south-western corner and measures 324sq.m.

1.14 As detailed above, the application proposes to create an area of public open space Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

along part the frontage of the TIE site. This would include the garden containing the Tomas Bata statue and an area to the north which is currently fenced off. The landscape plan details the relocation of the statue to a central area within the open space and the creation of a pedestrian and cycle only boulevard aligned with Stanford House.

1.15 Access – At present access to the TIE is obtained by a single point of access / egress to and from Princess Margaret Road. This is located 115m south of the junction with Gloucester Avenue. The application proposes to utilise this vehicular and pedestrian access to serve the proposed residential development and the existing Trafalgar House which is used for office / archive storage. Trafalgar House is a listed building and forms part of the wider TIE.

1.16 The application proposes to create a new vehicular access to serve all the remaining uses on the TIE. The application proposes to create a new access to and from Princess Margaret Road close to the site’s northern-eastern boundary. The access would be 38m north of the junction with Gloucester Avenue. The proposed works seek to reconfigure access to the forecourt which serves a car sales business located at the site of the former Bata service station / garage. Access to this adjacent business would be achieved via the new access road and not directly from Princess Margaret Road. The application proposes the formation of a 120m long section of road within the site which would join onto the existing internal road network serving TIE.

1.17 Other matters - The application proposes that ‘Funds generated from the sale of the proposed housing would be used to facilitate the upkeep, repair and maintenance of the commercial buildings in Thames Industrial Estate (some of which are Listed Buildings, and all of which fall within the East Tilbury Conservation Area). In particular, the refurbishment of Building 11b would be facilitated by the proposed development’ (Planning Statement, para 1.2).

1.18 The applicant proposes to provide a commitment to undertake the following works;

Works to listed buildings within TIE; 1. Scaffolding to Victory House (building 24) (£49,470.00) and external Decoration (£44,722.00) 2. External Decoration to Entrance Doors and associated areas of Building 13 (£1,950.00) 3. Paint the exterior and like for like repair of exterior of Nelson House (Building 34).

Works to non-listed buildings in the Conservation Area; Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

4. Scaffolding to Building 11A (£5,490.00) and External Decoration (£4,800.00) 5. Paint the exterior of the building, and like for like external repairs - Unit 11b. 6. Like for like replacement of the Fire Escapes - Building 23 7. Like for like replacement of the lift - Building 23 Other works; 8. Improve and maintain the frontage to the estate, as per submitted application drawings/landscaping details. 9. Provide for use of the area referenced at (8) above as public open space. 10. Change the road system for the estate, taking back land from a tenant.

1.19 Planning obligations - Below is the proposed Heads of Terms;

No. Description 1 Landscaping to frontage open space and Public rights of access – Prior to the commencement of development agree a timescale for the formation and landscaping of the frontage open space. Upon its formation and completion to grant public rights of access over the new frontage open space (the area of which to be defined). 2 (Planning Obligation Strategy with discount) – Pay the Council £5,000 per unit towards the cost of addressing infrastructure needs arising from the development. Not to Commence Development until the Owner has paid to the Council twenty five per cent (25%) of the Discounted Residential Unit Standard Charge per Residential Unit for the Maximum Number of Residential Units; The remaining seventy five percent (75%) of the Discounted Residential Unit Standard Charge per Residential Unit to be paid within ten (10) Working Days of the end of each quarter in relation to Residential Units Completed within the preceding quarter.

3 Management and Maintenance of Open Space and SUDS - Not to Commence Development until it has submitted to the Council details of the following elements of the Site Facilities and the Management Plan for approval:-

. the Open Space

. the SUDS Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

To provide and retain the Site Facilities and implement the Management Plan in accordance with the details approved by the Council. Any proposals submitted to the Council shall include a timetable for the provision of the relevant element of the Site Facilities and for the maintenance and management of such element after it has been provided.

The Developer may include in the Management Plan proposals for the management of any of the Site Facilities by a public body or local authority, a voluntary body, community group or charity or (in the case of the SUDS) the drainage undertaker, but insofar as any element is not to be managed by any such party, the Site Facilities shall be managed by a Management Company.

The details of the Management Plan to be approved shall include a calculation of the costs and supporting evidence and details of the funding arrangements for the Site Facilities and each element. Where management of any element is not to be by a Management Company or is not to be funded by a service charge, such details shall include the arrangements agreed with the party who will take responsibility for management including details of any commuted sums payable. Insofar as any elements are to be managed by a Management Company and funded by a service charge. 4 Works to buildings within the Thames Industrial Estate

These works comprise the following;

Works to listed buildings within TIE; 1. Scaffolding to Victory House (building 24) (£49,470.00) and external Decoration (£44,722.00) 2. External Decoration to Entrance Doors and associated areas of Building 13 (£1,950.00) 3. Paint the exterior and like for like repair of exterior of Nelson House (Building 34).

Works to non-listed buildings in the Conservation Area; 4. Scaffolding to Building 11A (£5,490.00) and External Decoration (£4,800.00) 5. Paint the exterior of the building, and like for like external repairs - Unit 11b. 6. Like for like replacement of the Fire Escapes - Building 23 7. Like for like replacement of the lift - Building 23 Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

(a) Within six months of the date of the planning permission the developer shall seek to obtain the necessary planning permissions and listed building consents for the works. In the event of such consents being rejected, to continue to re-apply for such works in a manner which seeks to address reason(s) for refusal.

(b) Upon obtaining such permissions and consents and prior to the commencement of development, the developer shall within four months produce and submit to the Local Planning Authority for approval a full schedule of works (including costs) and a written timescale for undertaking the works (‘The Schedule’) based upon triggers within the build program for the development. The cost of the works shall not be less than those specified above and within the application.

(c) Within 12 months of the occupation on sale of the 40TH unit to be completed, carry out all of the works agreed in The Schedule unless the works are not consented to or an alternative timescale has first been agreed within The Schedule.

5 Use of buildings within the Thames Industrial Estate - Upon first residential occupation, units 23, 24 and 13 within the Thames Industrial Estate shall not be used for purposes within Use Class B2 use. They shall only be put from an existing B8 Use to B1(c) (Light industrial) use in the event of the prior assessment of impact and measure to mitigate harm to the residential amenity is undertaken, submitted and agreed with the LPA and the implementation of such agreed measures.

2.0 SITE DESCRIPTION

2.1 The application site lies directly to the south west of East Tilbury town centre and covers an area of approximately 3 hectares. The site comprises a number of components described below;

- The southern part of the site forms part of the TIE and includes the computer centre building and a staff car park. The single-storey computer centre is of utilitarian design and appearance and would appear to date from the 1970’s. - The red line site plan includes the five-storey listed Victory House (building 24) located to the west of the computer centre, albeit it is not proposed to change the use of this building. Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

- The site includes the area immediately to the south of the five-storey listed Trafalgar House (building 13). - The application site includes the gatehouse and extends from the access northwards for 170m to include the landscaped area to the front of building 13 and fenced off area of landscaping to the front of the listed Buildings 12 and 11b.

2.2 The TIE was once the Bata shoe factory, home of the British Bata Shoe Company; a complex of factory buildings mostly constructed in the 1930’s in the International Modernist style. The factory was part of a unique new settlement planned along English Garden City principles. The TIE consists of 13 factory buildings as well as a number of smaller outbuildings. The buildings range in height from 1 to 5 stories. The following buildings are Grade II Listed;  Trafalgar House (Building 13) - five storey – listed December 1993,  Victory House (Building 24), - five storey – listed July 2009  Nelson House (Buildings 34) - five storey– listed July 2009  Building 12 (former rubber factory) – listed July 2009.

2.3 They have been listed because they are the earliest surviving examples of welded steel construction in the country. They are built in the international Modern Movement style in both exterior and interior detailing, designed by Gahura and Karfik in Thomas Bata’s home town of Zlin and exported to global satellite complexes, of which East Tilbury is the only British example. English Heritage has identified the site as being on their heritage at risk register.

2.4 Buildings 13, 24 and 34 are used to varying degrees for self-storage and archiving businesses. The ground floor of Building 13 together with many of the smaller original factory buildings are now let to small companies.

2.5 The majority of the application site falls within the East Tilbury (Bata) Conservation Area which was designated in 1993.

2.6 The northern boundary of the Thames Industrial Estate abuts existing residential properties along Bata Avenue and a site known as Bata Field, which has been the subject of a grant of outline planning permission for residential development for 299 new homes. The Council are currently considering an application for the Reserved Matters. The outline permission requires the scheme to emulate characteristics of the original Bata houses.

2.7 Directly to the east of the site, on the opposite side of Princess Margaret Road, lies the Thomas Bata Memorial Park, and East Tilbury Primary School. Stanford House, the focal point for East Tilbury’s shops and services, is located to the north east of the site, also on the opposite side of Princess Margaret Road. Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

2.8 Agricultural land lies to the west and south of the TIE site. The western part of the TIE has planning permission for the erection of three single storey industrial/warehouse buildings for B1/B2/B8 use totalling approximately 9,200 sq. granted on appeal in October 2000. There has been a technical commencement of this development, albeit the scheme has not been built out.

2.9 The main point of vehicular and pedestrian access is currently located towards the south of the site, off Princess Margaret Road, and running immediately to the south of Trafalgar House. There is an additional existing point of access to the site. This lies towards the northern edge of TIE, opposite Stanford House. Said access is, though, currently seldom used.

3.0 RELEVANT HISTORY

3.1 The site was previously occupied by British Bata Shoe Company prior to its purchase by TIE in 1999. British Bata Ltd leased a number of the buildings back from Thames Industrial Estate Ltd following the purchase of the site and continued to operate until the company was finally wound up in 2007.

3.2 On the 9th October 2000 outline planning permission was granted on appeal for the ‘Development of 9,250sq.m of Use Class B1, B2, B8 floorspace together with the laying out of 134 car parking spaces’ (ref: 99/00704/OUT). This development was permitted on land within the western end of Thames Industrial Estate. The outline application was approved subject to a Unilateral Undertaking securing;

(d) Within six months of the final approval of reserved matters the developer shall seek to obtain the necessary planning permissions and listed building consents for the replacement of all or some of the goods service lifts within the listed building;

(e) Upon obtaining such permissions and consents, the developer shall, within 12 months of the occupation on sale of the last unit to be completed, carry out the listed building works up to the cost of the Listed Building Contribution (£250,000) unless the works are not consented to.

(f) Undertake highway safety improvement works in the vicinity of the A1013 and Buckingham Hill Road junction and along Buckingham Hill Road towards East Tilbury up to the value of £85,000.

(g) Within 12 months of completion of the development, the developer shall lay out the off-site landscaping works and agree a landscape management plan with the Council. (Note: the plan accompanying the Unilateral Undertaking includes two coppices along the sites southern Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

boundary together with other tree planting in groups along several nearby field boundaries).

3.3 On the 18th November 2003 Thurrock Council approved an application for ‘Variation of condition 2 of 99/00704/OUT to extend the time limit for submission of details of industrial development’. The application under Section 73 of the Town and Country Planning Act extended the timescale for the submission of reserved matters by three years until 18th November 2006. On the 16th November 2006 the Development Corporation approved an application seeking approval of reserve matters, ref: 06/01143/TTGREM. There has been a technical start on this permission but no substantial construction.

4.0 CONSULTATIONS AND REPRESENTATIONS

4.1 PUBLICITY

4.2 The application was advertised by way of press advertisement and site notices. In addition, neighbours were notified by letter.

4.3 Cllr Palmer wrote in response to a consultation request; ‘I do not which to make any detailed comments on the application at this stage. However, I would make a general statement that in view of the current and future problems relating to the frequency of the level-crossing closures at East Tilbury Station and Low Street to both pedestrian and vehicular traffic resulting in trapping several thousand men, woman and children at any one time in East Tilbury putting their lives at considerable risk with no access for emergency services for the duration of the closures. These closures will become more frequent and much longer as more rail freight comes on stream from DP World. It is my contention that until an alternative access is provided to allow free-flow access in and out of East Tilbury at all times no further residential development should be allowed this will only increase and put the health and safety of the number of people at risk’.

4.3 Issues raised in the representation are considered within the body of the report. Members will be updated should additional letters of representation be received before the meeting. Copies of any additional letters will be made available to view in the Members’ Letters Book.

4.4 CONSULTATIONS

Detailed below is a summary of the consultation responses received The full version of each consultation response can be viewed on the Council’s website via public access at the following link: Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

www.thurrock.gov.uk/planning/13/01163/FUL

4.5 HIGHWAYS:

No Objections subject to Conditions and S106.

4.6 ENVIRONMENT AGENCY:

We are satisfied that it provides a sufficient basis for assessment to be made of the flood risks arising from the proposed development and are therefore removing our holding objection. You should, however, ensure that you consider the development to be safe for its lifetime prior to any approval. As the development is residential it should be safe for a lifetime of 100 years. The flood risk responsibilities for your council have been summarised in the technical appendix.

The proposed development will only meet the requirements of the NPPF if the following measure(s) and surface water drainage scheme as detailed in drawing P550-01, Rev A dated 17/11/14 and the Flood Risk Assessment submitted with this application are implemented and secured by way of a planning condition on any planning permission. Conditions are proposed in that regard.

4.7 THURROCK CIVIL PROTECTION SERVICE:

As the site lies within Flood Zone 3 a site specific Flood Warning and Evacuation Plan (FWEP) that can be maintained for the lifetime of the development will be required. The response goes onto detail what a FWEP should contain and measures to be employed, including safe evacuation and refuge.

4.8 FLOOD RISK MANAGER:

No objection subject to condition.

4.9 ESSEX AND SUFFOLK WATER:

No objection subject to condition.

4.10 ENGLISH HERITAGE:

English Heritage considers the justification for the proposed redevelopment within the East Tilbury Conservation Area to provide 50 dwellings has now been adequately made, when measured against the criteria laid out in paragraphs 132 Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

and 134 of the NPPF including the public benefits that would accrue from the proposals.

4.11 CONSERVATION OFFICER:

Overall it is considered that the scheme responds to its context by the use a grid layout and simple building forms. The quality of the new buildings and spaces would help to provide a stimulus for regeneration of the area. Private amenity space, car parking and bin storage is designed into the scheme. However, the loss of the stark contrast between the factory complex and the open countryside, together with the introduction of domestic buildings scale buildings means that there would be an adverse impact on the setting of the listed buildings and this part of the conservation area. The public benefits delivered by the scheme include the regeneration of the area, public realm improvements and the potential to repair and secure the long term future of the adjacent buildings could provide public benefits sufficient to justify the proposals.

4.12 ESSEX COUNTY COUNCIL ARCHAEOLOGY:

No objection subject to conditions relating to Building Recording, Archaeological trial trenching and excavation or preservation in situ.

4.13 HOUSING: Seek on-site affordable housing provision in-line with LDF-CS Policy and provides a reasoned justification based on need.

4.14 CHILDREN’S SERVICE:

The development of 50 dwellings will put additional pressure on the available nursery and primary school places. There is a need for a financial contribution towards education provision to mitigate the impact of the development and make it acceptable. The contribution should be secured in line with the POS..

4.15 ENVIRONMENTAL HEALTH:

No objections on grounds of noise, contamination or construction / demolition matters subject to conditions.

4.16 NATIONAL GRID:

The National Grid apparatus identified as being in the vicinity of the proposed works is: Low or Medium pressure (below 2 bar) gas pipes and associated equipment. As Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

a result it is highly likely that there are gas services and associated apparatus in the vicinity.

4.17 NATURAL ENGLAND:

No objection.

4.18 LANDSCAPE AND ECOLOGY CONSULTANT:

No objection subject to landscaping condition.

5.0 POLICY CONTEXT

5.1 National Planning Policy Framework (NPPF)

5.2 The NPPF was published on the 27 March 2012. Paragraph 13 of the Framework sets out the presumption in favour of sustainable development. Paragraph 196 of the Framework confirms the tests in s.38(6) of the Planning and Compulsory Purchase Act 2004 and s70 of the Town and Country Planning Act 1990 and that the Framework is a material consideration in planning decisions. Paragraph 197 states that in assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development.

5.3 Annex 1 makes clear that Development Plan policies should not be considered out- of-date simply because they were adopted prior to publication of the Framework. It also sets out how decision-takers should proceed taking account of the date of adoption of the relevant policy and the consistency of the policy with the Framework. Due weight should be given to relevant policies in existing plans according to their degree of consistency with the Framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given).

5.4 The following headings and content of the NPPF are relevant to the consideration of the current proposals.

1. Building a strong, competitive economy 4. Promoting sustainable transport 6. Delivering a wide choice of high quality homes 7. Requiring good design 8. Promoting healthy communities 10. Meeting the challenge of climate change, flooding and coastal change 11. Conserving and enhancing the natural environment 12. Conserving and enhancing the historic environment Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

5.5 Planning Practice Guidance (PPG)

5.6 In March 2014 the Department for Communities and Local Government (DCLG) launched its planning practice guidance web-based resource. This was accompanied by a Written Ministerial Statement which includes a list of the previous planning policy guidance documents cancelled when the NPPF was launched. PPG contains 42 subject areas, with each area containing several sub-topics. Those of particular relevance to the determination of this planning application comprise:

 Air quality

 Climate change

 Conserving and enhancing the historic environment

 Design

 Determining a planning application

 Flood Risk and Coastal Change

 Land affected by contamination

 Natural Environment

 Noise

 Planning obligations

 Renewable and low carbon energy

 Travel plans, transport assessments and statements in decision-taking

 Use of Planning Conditions

5.7 Local Planning Policy

5.8 Thurrock Local Development Framework

The Council adopted the “Core Strategy and Policies for the Management of Development Plan Document” on 21st December 2011.

The following Core Strategy policies apply to the site:

SPATIAL POLICIES Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

- CSSP1: Sustainable Housing and Locations - CSSP2: Sustainable Employment Growth - CSSP3: Sustainable Infrastructure - OSDP1: Promotion of Sustainable Growth and Regeneration in Thurrock1

THEMATIC POLICIES

- CSTP1: Strategic Housing Provision - CSTP9: Well-being: Leisure and Sports - CSTP10: Community Facilities - CSTP11: Health Provision - CSTP12: Education and Learning - CSTP13: Emergency Services and Utilities - CSTP15: Transport in Greater Thurrock - CSTP18: Green Infrastructure - CSTP19: Biodiversity - CSTP20: Open Space - CSTP22: Thurrock Design - CSTP23: Thurrock Character and Distinctiveness2 - CSTP24: Heritage Assets and the Historic Environment - CSTP25: Addressing Climate Change2 - CSTP26: Renewable or Low-Carbon Energy Generation2 - CSTP27: Management and Reduction of Flood Risk2 - CSTP33: Strategic Infrastructure Provision

POLICIES FOR MANAGEMENT OF DEVELOPMENT

- PMD1: Minimising Pollution and Impacts on Amenity2 - PMD2: Design and Layout2 - PMD4: Historic Environment2 - PMD5: Open Spaces, Outdoor Sports and Recreational Facilities3 - PMD7: Biodiversity, Geological Conservation and Development2 - PMD8: Parking Standards3 - PMD9: Road Network Hierarchy - PMD10: Transport Assessments and Travel Plans2 - PMD12: Sustainable Buildings2 - PMD13: Decentralised, Renewable and Low Carbon Energy Generation - PMD 14: Carbon Neutral Development - PMD15: Flood Risk Assessment 2 - PMD16: Developer Contributions2

[Footnote: 1New Policy inserted by the Focused Review of the LDF Core Strategy. 2 Wording of LDF-CS Policy and forward amended either in part or in full by the Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

Focused Review of the LDF Core Strategy. 3 Wording of forward to LDF-CS Policy amended either in part or in full by the Focused Review of the LDF Core Strategy].

5.9 A Focused Review of the LDF-CS was commenced in late 2012 / early 2013. The review was to ensure that the LDF-CS and the process by which it was arrived at are not fundamentally at odds with the NPPF. There are instances where policies and supporting text are recommended for revision to ensure consistency with the NPPF. This focused review was submitted to the Planning Inspectorate for independent examination on 1 August 2013. The Inspectorate found the review sound subject to revisions.

5.10 A ‘Broad Locations & Strategic Sites’ focused review of the LDF-CS (2013) was subject to consultation between January and March 2013. The Focused Review is restricted to the single issue of whether or not the Core Strategy should be amended to identify and allocate additional Broad Locations and Strategic Sites for housing-led development including the release of land from the Green Belt.

5.11 Draft Site Specific Allocations and Policies DPD – The Consultation Draft “Issues and Options” SSADPD was subject to 12 weeks of consultation commencing on the 16th March 2012 and concluding on the 8th June 2012. The SSADPD covers all types of development site across the Borough. The draft SSADPD ‘Further Issues and Options’ was the subject to a further round of consultation commencing on the 19th January 2013.

Areas within the Thames Industrial Estate, to which this site forms part, contains a number of proposed designations in the draft SSADPD (2013);

Housing Sites Without Permission - EAT09 Thames Industrial Estate, Princess Margaret Road, East Tilbury. Indicative capacity: 50 [Note: this relates to the majority of the TIE but excludes Nelson and Victory House and the majority of the application site] - EAT10 Bata/Thames Industrial Park, East Tilbury. Indicative capacity: 150 [Note: this relates to remainder of the TIE site including Nelson and Victory House and the majority of the application site]

Secondary employment industrial and commercial Employment land - E3h Bata/ Thames Industrial Park, East Tilbury [Note: this relates to the whole of the TIE site].

Reasonable Alternative for Secondary Employment - E4RAc Bata/Thames Industrial Park, East Tilbury 3.13ha [Note: this relates to 3.13ha area at the south-western end of the TIE site but excludes the application site]. Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

Land for mixed use development - M14 Bata/Thames Industrial Park, East Tilbury (commercial/residential) [Note: this 6.61ha includes the southern third of the TIE including the majority of the application site and an area at the south-western part of the TIE].

5.12 The Planning Inspectorate is advising Local Authorities not to continue to progress their Site Allocation Plans towards examination where their previously adopted Core Strategy is no longer fully in compliance with the NPPF. This is the situation in Thurrock. The report to the 12th February 2014 Cabinet sets out a number of options for taking forward development plan making in Thurrock. Work has commenced on the production on a new integrated Local Plan which is timetabled for adoption in 2018. In light of this, there will be a fresh call for sites and the draft SSADPD will not be advanced. The draft SSADPD can therefore be afforded little weight.

5.13 Thurrock Council has produced a suite of technical studies to provide supporting evidence for the development and policy options. These include;  Interim Sustainability Appraisal, Strategic Environmental Assessment and Appropriate Assessment Report

 Interim Strategic Flood Risk Assessment Report

 Thurrock Strategic Housing Land Availability Assessment Update (SHLAA)

5.14 The Strategic Housing Land Availability Assessment (February 2010) identified the potential for approximately 200 homes at the Thames Industrial Estate with other land retained for industrial purposes (sites EAT09 and EAT10).

5.15 Thurrock Core Strategy Position Statement and Approval for The Preparation Of A New Local Plan For Thurrock

5.16 The above titled report was considered at the 12th February 2014 Cabinet. The report highlighted issues arising from growth targets, contextual changes, impacts of recent economic change on the delivery of new housing to meet the Borough’s Housing Needs and ensuring consistency with Government Policy. The report questioned the ability of the LDF-CS Focused Review and the LDF-CS ‘Broad Locations & Strategic Sites’ to ensure that the LDF-CS is fully up-to-date and consistent with Government Policy and recommended the parking of these processed in favour of a more wholesale review. Members resolved that the Council undertake a full review of Core Strategy and prepare a new Local Plan. The report highlights that a new Local Plan for Thurrock could be adopted by early 2018.

5.17 Bata Factory Design Brief (Dec 2011) Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

5.18 In 2011 the Thurrock Thames Gateway Development Corporation produced the Bata Factory Design Brief 2011. This is a non-statutory document which has not been adopted or endorsed by Thurrock Council. Nevertheless, it considers issues around the conversion of existing buildings and the form of potential new development.

6.0 ASSESSMENT

6.1 There are essentially nine main issues relating to the consideration and determination of this application;

I. Development Plan allocation and the principle of development; II. Urban and sustainable design, landscape and visual impacts; III. Archaeology and cultural heritage; IV. Affordable housing, Community and Socio-economics including social infrastructure (schools, healthcare, community facilities, sports facilities, policing etc); V. Traffic impact, access, car parking and other transport issues; VI. Flood risk, drainage, water quality, water resources and utilities; VII. Ground conditions, contamination and remediation; VIII. Noise, vibration, air quality and construction impacts. IX. Effects upon ecology and nature conservation;

I. DEVELOPMENT PLAN ALLOCATION AND THE PRINCIPLE OF DEVELOPMENT

6.2 The Adopted Interim Proposals Map accompanying the Core Strategy shows the entire application site located with a ‘Secondary Industrial and Commercial Area’ forming part of the wider TIE. With regard this designation part 2 of LDF-CS Policy CSTP6 (Strategic Employment Provision) is relevant and states;

‘2. Primary and Secondary Industrial and Commercial Areas – (i) The Council will safeguard existing Primary and Secondary Industrial and Commercial land and premises in, or last used for employment purposes, where it is required to maintain a sufficient supply of employment land in the Plan period. The Site Specific Allocations and Policies DPD will include policies and identify existing Industrial and Commercial land that will be protected for employment purposes, as well as Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

existing employment land to be allocated to other uses. These areas and sites will be shown on the Proposals Map’ (Officers emphasis).

6.3 The Thurrock Employment Land Review (URS, 2007) formed part of the evidence base underpinning the LDF-CS. It considered the quantity, quality and viability of employment land throughout the Borough to review their continued suitability for employment or for other purposes including housing or other uses. Table 10.2 (p110) relates to ‘Employment land recommended for re-designation to other land uses’ and states;

‘Ref: R7 27 - Bata/Thames Industrial Park (long term to resi) - Current area; 13.9ha. Approximate area of employment land to be released; 2.5ha’.

6.4 There is a detailed justification on page 110 which cites the under-utilisation, poor strategic access for commercial operations and poor condition of buildings.

6.5 In light of the above, the Thurrock Employment Land Review (URS, 2007) identified that an area of 2.5ha within the TIE is not required to maintain a sufficient supply of employment land in the development plan period up to 2021.

6.6 As detailed in Section 5 of this report, the Draft Site Specific Allocations and Policies DPD (2012) contained four proposed designations over various parts of the TIE. With regards to the application site this includes ‘Housing Sites Without Permission - EAT10’ and ‘Land for mixed use development - M14’. Whilst the draft SSADPD does not form part of the development plan and has limited weight, it does highlight that this site formed part of an area within the TIE which was being considered for the re-designation from a Secondary Employment.

6.7 With regards the spatial distribution of housing in Thurrock, LDF-CS Policy CSSP1 is relevant. It seeks to focus new residential development on Previously Developed Land in the Thurrock Urban Area, Outlying Settlements and other existing built-up areas with a view to achieving 92% of development on PDL up to 2021. The proposal is on PDL and as such would assist in meeting this objective.

6.8 With regards the ‘outlying settlements south of the A13’ the LDF-CS states that ‘there will be some limited housing development at East Tilbury and Chadwell St Mary together with some improved local facilities’ (para 3.41). CSSP1 detail that ‘Outlying Settlements south of the A13’ will accommodate 580 new dwellings. Given the stage the SSADPD reached, it is not possible to further disaggregate the housing allocation between the outlying Settlements south of the A13. Notwithstanding this, East Tilbury and Corringham/Stanford-le-hope have seen a number of permissions for large-scale residential developments (299 at Bata field, 350 at Butts Lane, 153 at Manorway) which collectively exceed the total indicated in the LDF-CS. Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

6.9 The above spatial distribution of housing in the LDF-CS needs to be seen in the context of paragraph 49 of the NPPF which states; ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites’. In light of this, parts of LDF-CS Policy CSSP1 (Sustainable housing and locations) and CSTP1 (Strategic housing provision) cannot be considered to be fully up-to-date.

6.10 In conclusion 2.5ha of the TIE is not required to maintain a sufficient supply of employment land in the Plan period. The residential part of the site equates to c1.75ha and the draft SSADPD identified the application site as an area being considered for the re-designation from a Secondary Employment. In light of this, it is considered that the proposal is not contrary to Part 2 of LDF-CS Policy CSTP6 (Strategic Employment Provision) as it is not required to maintain a sufficient supply of employment land in the Plan period.

6.11 The proposal would also conform with the LDF-CS Policy CSSP1 approach of directing new residential development to PDL. Regard needs to be had to the sustainability of the location. Core planning principles of the NPPF are to ‘focus significant development in locations which are or can be made sustainable’ (para 17) and “actively manage patterns of growth to make the fullest possible use of public transport, walking and cycling, and focus significant development in locations which are or can be made sustainable.” The NPPF identifies the need to favour sustainable transport modes to enhance travel choice (para 29), and to locate developments that generate significant movement where the need to travel will be minimised and the use of sustainable transport modes can be maximised (para 34). The site is a short walk to East Tilbury Railway Station and the bus stops on Gloucester Avenue, Princess Margaret Road and Coronation Avenue.

6.12 Whilst a range of facilities would be reasonably accessible to the occupants of the proposed dwellings on foot, including day-to-day convenience provision, doctors surgery and Primary School this is a peripheral village whereby supermarkets and Secondary School provision are located in the principle settlements and workplaces tend to be outside of the settlement.

6.13 While it is acknowledged that there are more sustainable locations for housing development in Thurrock than East Tilbury, it is considered that the location offers a reasonable range of community facilities and reasonable access by public transport to jobs, key services and infrastructure for a settlement of this size. The Core Strategy identifies a limited amount of housing growth within Outlying Settlements south of the A13. In light of the above and the assessment within this report, it is Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

considered that this is not an unsustainable location for the amount of housing growth proposed having regard to that already committed.

II. URBAN AND SUSTAINABLE DESIGN, LANDSCAPE AND VISUAL IMPACTS

6.14 Section 7 of the NPPF sets out the need for new development to deliver good design. Paragraph 57 specifies that it is important to plan positively for the achievement of high quality and inclusive design for all development, including individual buildings, public and private spaces and wider area development schemes. Paragraph 61 states that although visual appearance and the architecture of individual buildings are very important factors, securing high quality and inclusive design goes beyond aesthetic consideration. Therefore, planning policies and decisions should address people and places and the integration of new development into the natural, built and historic environment.

6.15 LDF-CS Policy PMD1 states that ‘Development will not be permitted where it would cause unacceptable effects on: i. the amenities of the area; ii. the amenity of neighbouring occupants; or iii. the amenity of future occupiers of the site.

6.16 Detailed below is the consideration of the proposal against the relevant criteria CSTP22 (Thurrock Design) and Policy PMD2 (Design and Layout).

6.17 The original Bata Village was constructed on a grid system. The proposed two terraces of houses are positioned parallel to Building 13 (Trafalgar House) follow the grid pattern established by the principle buildings within the TIE. These two terraces do not extend forward of the eastern elevation of Trafalgar House. The four rows of terraces further to the south sit on a perpendicular axis. Section III of this report considers the impact on the Conservation Area and Heritage Assets. The adherence to the grid results in back to back separation distances that are 14.3m which is substantially less than normal Essex Design Guide standard of 25m and those specified in the retained annex to the Local Plan. The design employs measures to avoid mutual overlooking; - In many instances the internal layouts locate bathrooms to the rear and locate principle bedroom windows to the front elevations in terms of mid terrace houses or to the side elevations on end of terrace units.

- Use of a limited number of projecting bay windows to the first floor rear elevation. These incorporate obscure panel to the rear with clear glazing to the flank and preclude principle views of the terraces to the rear.

6.18 It is considered that the measures employed would safeguard the amenity of future residents and would not unduly compromise the liveability of the units. Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

6.19 Part 2 of Policy PMD2 states that the Council will use the Building for Life criteria to evaluate. It is considered that the development demonstrates a strong degree of conformity with the Building for Life Standards and the Urban Design and Layout conform with criteria (i-vii) of LDF-CS Policies PMD2 (Design and Layout) and LDF- CS Policy CSTP22.

6.20 Sustainable Design

6.21 LDF-CS Policies CSTP25 (Addressing Climate Change), CSTP26 (Renewable or Low-Carbon Energy Generation), PMD12 (Sustainable Buildings), PMD13 (Decentralised, Renewable and Low Carbon Energy Generation) and PMD14 (Carbon Neutral Development) are relevant.

6.22 The application is accompanied by an ‘Energy and Water Statement’ and a ‘Sustainability Statement’. The former details a range of measures that could be employed to reduce water use, promote energy efficiency and water recycling. It is proposed to incorporate photovoltaic solar collectors to serve each dwelling and generate power equal to 10% of the overall energy use. In light of the above, the proposal accords with LDF-CS Policy PMD13. In terms of PMD14, it is considered that the applicant has demonstrated the incorporation of viable energy efficiency measures. The Sustainability Statement confirms that it is proposed to design and construct according to Code for Sustainable Homes ‘Level 4’ and as such the proposal conforms with LDF-CS Policy PMD12.

6.23 Landscape, arboricultural and visual impacts

6.24 Part 11 of the NPPF states that ‘The planning system should contribute to and enhance the natural and local environment by….. protecting and enhancing valued landscapes’ (para 109). LDF-CS Policy CSTP23 (Thurrock Character and Distinctiveness) is relevant as is PMD2 (Design and Layout) criteria 1 and 7.

6.25 The development is bordered on three sides by existing settlement form. The buildings are of modest scale compared to the factory buildings to the north and west which reduces the sense of encroachment beyond the existing built edge of the wider landscape. The incorporation of formal structured landscaped elements along the boundary is considered appropriate.

6.26 The application is accompanied by a Tree Survey and an Arboricultural Implications Report. These conclude that many of the existing trees, particularly the Lombardy Poplars are in a poor condition and coming towards the end of their expected lifespan. It recommends that these are removed and a comprehensive landscape scheme is implemented. The Council’s Landscape Consultant agrees with these findings and concludes the proposed landscaping scheme is appropriate. Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

6.27 In light of the above, it is considered that the proposed landscaping complies with LDF-CS Policy CSTP23 parts II and III and PMD2 (Design and Layout) criteria 1 and vii seeks the protection and enhancement of landscape features.

III. ARCHAEOLOGY AND CULTURAL HERITAGE

6.28 Section 12 of the NPPF relates to the conservation and enhancement of the historic environment. LDF-CS Policies CSTP24 (Heritage Assets and the Historic Environment) and Policy PMD4 (Historic Environment) are also relevant.

6.29 The application is accompanied by an Archaeological Desk Based Assessment which concludes that undeveloped parts of the site have a good archaeological potential for remains of a local archaeological significance. ECC Archaeology agree with the findings of the assessment and recommend conditions to secure building recording, trial trenching and excavation or preservation in situ.

6.30 The East Tilbury Conservation Area bisects the site, with the northern part of the site (including proposed terrace 1 and 2) included and the southern part excluded from the Conservation Area. The site forms part of the Bata Estate which contains four Grade II listed buildings. The development lies immediately to the south of Building 12 (former rubber factory) and Building 13 (Trafalgar House) and east of Building 24 (Victory House).

6.31 The computer building proposed to be demolished was constructed in 1968 and is a non-descript building of no special interest. Neither English Heritage or the Conservation Officer object to its demolition.

6.32 Policy CSTP24 Part 3 relates to ‘Priorities for Heritage Regeneration and Enhancement’ and states; ‘Ensure that any new development close to, or within, Bata Village or the Bata Factory complex is well designed and contributes positively to their settings’. The design of the houses employ simple building forms and has been informed by the architectural characteristics of East Tilbury. Neither English Heritage nor the Conservation Officer raises concern regarding the design or massing of the proposed housing.

6.33 The setting of the factory complex and the wider Conservation Area is important; the sharp contrast between the rural setting and large scale factories is particularly dramatic on the south and south-west of the site. The grid arrangement of the principle buildings within the TIE is an important aspect reflecting its modern movement heritage.

6.34 The proposed two terraces (No.1 and 2) of houses that would be sited parallel to Building 13 (Trafalgar House) and aligned with Building 24 (Victory House) and as such follows the grid pattern established by the principle buildings within the Bata Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

Estate. This means that the built form of the proposed development aligns with does not encroach outside the principle axis of the grid.

6.35 The scale of the principle buildings combined with the relative open nature of the land to the south and south-east affords important views of the estate. Terraces 1 and 2 do not extend forward of the eastern elevation of Trafalgar House. Terrace 6 extend some 12m forward and aligns with the front of Building 11b. In positioning the built form in this manner, important views of the front of listed building 13 and the wider estate from the south on Princess Margaret Road are to a substantial part retained.

6.36 In terms of views from the south and south-east, the houses would be seen in the foreground of building 13 and as such give rise to an alteration to the setting of the heritage assets. The scale of the proposed housing is such that the factory buildings would continue to appear as the dominant feature in the landscape. Furthermore, the grid arrangement of the estate and the principle axis would remain clearly legible.

6.37 In terms of harm to the setting of the heritage assets the Conservation Officer considers that ‘A domestic scale scheme of the type proposed would have an adverse impact on the conservation area and the setting of the adjacent listed buildings due to the erosion of the stark interface between the factory complex and the countryside, however development could be justified because the design and layout seek to respond to context, is of the good quality and potentially provides wider public benefits. The scheme would provide a stimuli for regeneration of the area and the refurbishment of the listed buildings (extent of works and phasing to be agreed) could secure their long term future’. English Heritage considers that the harm caused to the significance of both the conservation area and the listed buildings by the fundamental alteration to their setting is mitigated to an acceptable degree when measured against the criteria laid out in paragraphs 132 and 134 of the NPPF, including the public benefits that would accrue from the proposals.

6.39 Para 134 of the NPPF states; ‘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, including securing its optimum viable use’. Both English Heritage and the Conservation Officer refer to the public benefits that would accrue from the development. The applicants Planning Statement advises; ‘Funds generated from the sale of the proposed housing would be used to facilitate the upkeep, repair and maintenance of the commercial buildings in Thames Industrial Estate (some of which are Listed Buildings, and all of which fall within the East Tilbury Conservation Area)’. These works comprise the following;

Works to listed buildings within TIE; Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

11. Scaffolding to Victory House (building 24) (£49,470.00) and external Decoration (£44,722.00) 12. External Decoration to Entrance Doors and associated areas of Building 13 (£1,950.00) 13. Paint the exterior and like for like repair of exterior of Nelson House (Building 34).

Works to non-listed buildings in the Conservation Area; 14. Scaffolding to Building 11A (£5,490.00) and External Decoration (£4,800.00) 15. Paint the exterior of the building, and like for like external repairs - Unit 11b. 16. Like for like replacement of the Fire Escapes - Building 23 17. Like for like replacement of the lift - Building 23 Other works; 18. Improve and maintain the frontage to the estate, as per submitted application drawings/landscaping details. 19. Provide for use of the area referenced at (8) above as public open space. 20. Change the road system for the estate, taking back land from a tenant.

6.40 The list above details costs attributed to some of these works. The applicant has supported the application with a viability assessment which factored in the cost of repairs to listed buildings totalling £106,432. The applicant advises that the total cost of the above works is £557,730. Some of these works, such as amendments to the road system and to an extent, creation of public realm, are ‘normal’ development costs. In terms of funding of works to the non-listed buildings, the applicant advises that these would be funded by the developer taking a reduction from a normal level of developer profit and would therefore not be at the cost of other factors, such as affordable housing.

6.41 LDF-CS Policy CSTP24 (Heritage Assets and the Historic Environment) seek to protect and enhancing Heritage Assets. Policy PMD4 requires ‘new development to take all reasonable steps to retain and incorporate non-statutorily protected heritage assets contributing to the quality of Thurrock’s broader historic environment’. Whilst the listed buildings do not feature on the Heritage at Risk Register, during the 1980’s and early 1990’s there was a lack of investment in the buildings. Following the closure of the Bata factory, there remained periods of low / no building occupancy. Whilst the new owners have found uses for the majority of the buildings and have invested in the upkeep of the estate, the legacy of underinvestment is evident in some of the buildings. The schedule of works include external decoration, this is principally painting which would assist in keeping the Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

buildings water tight and could assist in arresting further water damage (such as concrete spooling).

6.42 In terms of the replacement of the fire Escapes and lift to (Building 23), this would improve the usability and marketability of the building which is considered to be consistent with paragraph 131 of the NPPF which stipulates that in determining planning applications, local planning authorities should take account of the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation. As detailed in the planning history the permission granted on appeal in 2000 contained an obligation towards the replacement of all or some of the goods service lifts within the listed building. Whilst the current proposal would in part replicate this provision, there is no guarantee that the 2000 permission will trigger these works.

6.43 In terms of the other works, the proposals would enhance the frontage of the TIE, increase the amount of public realm and provide a better visual connection between Stanford House and TIE.

6.44 Policy CSTP24 Part 3 relates to ‘Priorities for Heritage Regeneration and Enhancement’ and states; ‘Ensure that any new development close to, or within, Bata Village or the Bata Factory complex is well designed and contributes positively to their settings’.

6.45 In light of the above, it is considered that the works to the listed and non-listed buildings in the Conservation Area and other works would assist in protecting and enhancing these Heritage Assets in line with part 1 of Policy CSTP24 and this weighs in favour of the proposal. Having consider the harm to the setting of the heritage assets weighed against the public benefits of the proposal, it is considered that the proposal is acceptable and in conformity with paragraphs 132 and 134 of the NPPF and LDF Policies CSTP24 and PMD4.

IV. AFFORDABLE HOUSING, COMMUNITY AND SOCIO-ECONOMICS INCLUDING SOCIAL INFRASTRUCTURE (SCHOOLS, HEALTHCARE, COMMUNITY FACILITIES, SPORTS FACILITIES, POLICING ETC);

Affordable Housing

6.46 LDF-CS Policy CSTP2: (The Provision of Affordable Housing) seeks the minimum provision of 35% of the total number of residential units built to be provided as Affordable Housing. Part 2 of this Policy states ‘The Council will seek Affordable Housing to meet local needs on qualifying sites subject to: i. its suitability for on-site provision; ii. the economics of providing affordable housing; Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

iii. the extent to which the provision of affordable housing would prejudice other planning objectives to be met from the development of the site; and iv. the mix of units necessary to meet local needs and achieve a successful sustainable socially inclusive development’.

6.47 Para 173-177 of the NPPF relates to ‘Ensuring viability and deliverability’ and in summary states that ‘Pursuing sustainable development requires careful attention to viability and costs in plan-making and decision-taking’.

6.48 The applicant submitted a viability assessment of the proposed development undertaken by a suitably qualified consultant. As detailed above, the viability assessment had regard to certain s106 costs associated with this development, the majority of the cost of works to the listed building are proposed to be funded out of a reduced return to the developer. The assessment was subject to an independent review undertaken on behalf of the Council. This concluded that having regard to normal levels of return to the developer, at present the scheme could not substantiate affordable housing provision.

6.49 In certain such circumstances it is prudent to require a review of development viability at a later stage with a view to capturing part of any potential increase in development value. However, in this instance, due to the developer foregoing development return to fund part of the works to the listed building, this is not considered necessary.

Community and Socio-economics

6.50 The NPPF advises that there are three dimensions to sustainable development: economic, social and environmental (para 7). Para 8 advises that ‘to achieve sustainable development, economic, social and environmental gains should be sought jointly and simultaneously through the planning system’. The LDF-CS contains a number of relevant policies including; CSSP2 (Sustainable employment growth); CSTP6 (Strategic employment provision); CSTP10 (Community Facilities); CSTP11 (Health Provision); CSTP12 (Education and Learning); CSTP13 (Emergency Services and Utilities) and PMD16 (Developer Contributions).

6.51 Matters relating to highways, green infrastructure, open space, outdoor sport and recreation are considered elsewhere in this report.

6.52 Thurrock Council’s approach to planning obligations as set out in the Planning Obligations Strategy (POS) is to ensure that development contributes, either financially, or in kind, towards the infrastructure that needs to be provided. The overall objective of the POS, therefore, is to enable Thurrock to seek a reasonable level of contribution from development and where relevant to pool s106 funds, together with other public sector funding, to secure delivery of the necessary Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

infrastructure and services. As set out in Section 1 above, the applicant has agreed to this payment.

V. TRAFFIC IMPACTS, ACCESS, CAR APRKING AND OTHER TRANSPORT ISSUES

6.53 Part 4 of the NPPF relates to the promotion of sustainable transport. Paragraph 32 identifies that 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.  Improvements can be undertaken within the transport network that cost effectively limits 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.

6.54 The following LDF-CS Policies are particularly relevant to this section;

 CSTP15 (Transport in Greater Thurrock)  PMD2 (Design and Layout)  PMD8 (Parking Standards)  PMD9 (Road Network Hierarchy)  PMD10 (Transport Assessments and Travel Plans)  PMD16 (Developer contributions)

6.55 The application is accompanied by a Transport Assessment (‘TA’).

6.56 Sustainable transport

Part (ii) of this section of the report considers the proposal against Building for Life criteria 2 (Facilities and services) and 3 (Public transport). While it is acknowledged that there are more sustainable locations for housing development in Thurrock than East Tilbury, it is consider that the location offers a reasonable range of community facilities and reasonable access by public transport to jobs, key services and infrastructure for a settlement of this size. In light of paragraph 32 of the NPPF it is considered that the opportunities for sustainable transport modes have been taken up. On balance, it is considered that the proposal accords with criterion viii of Policy PMD9 whereby ‘development will make a positive contribution to accessibility by sustainable transport’.

6.57 Car and cycle parking Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

Car parking is proposed in line with the Council’s standards and, subject to conditions, accords with LDF-CS Policy PMD8 (Parking Standards)

6.58 Access and internal road layout

LDF-CS Policy PMD9 states that ‘The Council will only permit the development of new accesses or increased use of existing accesses where: (i). There is no possibility of safe access taken from an existing or proposed lower category road.

6.59 With regards to the new road serving the industrial estate and existing MOT test centre, assessments of movements into and out of the MOT Centre have been carried out and illustrated on drawings showing the swept paths of vehicles of varying classes and sizes safely manoeuvring into and out of this junction. Highways consider that the new junction is satisfactory.

6.60 Highways raise no objection to the highway layout within the residential parcel which can accommodate both a fire tender and refuse vehicle. Routes within the site are well structured. It is considered that the type of arrangement could create accessible, safe, permeable and legible layout which minimise conflicts between traffic and cyclists or pedestrians and accords with LDF-CS Policy PMD2.

6.61 Impact on the local road network and level crossing

6.62 With regards the Buckingham Hill Road /A1013 Stanford Road Junction, the TA acknowledges that this junction has been shown to operate close to or over capacity at times. There is an existing commitment as part of the Bata Field development to signalise this junction which would resolve capacity issues. It would be unduly onerous to require a development of this scale to fund these works. Highways recommend that the highway element of the POS contribution should be allocated towards providing funding towards the signalisation of this highway junction. Whilst this development may come forward first, it is not considered that individually the harm would be so severe as to warrant a refusal of permission. However, it is considered that this scheme should contribute towards the costs of mitigation.

6.63 With regard the Muckingford Road/East Tilbury Road/Princess Margaret Road Junction, the TA indicates that this junction will be marginally over capacity. The TA cites the parameters within the modelling and concludes that the junction will operate successfully with the development in place. Highways do not disagree with these conclusions. In terms of the option to mitigate, this would require the relocation and enlargement of the roundabout. Given the outcome of the viability assessment, the development as proposed could not sustain the full costs of undertaking such works. However, it is considered that this scheme should make a contribution via the POS towards the costs of securing mitigation in the long term. Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

6.64 With regard to the level crossing, Highways advise; ‘The TA confirms the current 6 closures per hour at the level crossing (one every 10 mins on average) and assessed an additional 21% increase in queue length at the level crossing as a result of this development, but dismissed this increase as equivalent to the proportional growth of residential properties in East Tilbury. This correlation is unsubstantiated; and is not supported. Furthermore, the TA took no account of the projected additional 72 rail freight movements per day (an additional minimum of 3 closures per hour) from the DP World site, which would add to the frequency of level crossing closures, and further exacerbate the queue lengths at the level crossing as a result of this residential development. The significant level of 21% increase in queue length which they have currently assessed would be made worse by the additional rail freight movements indicated above, and would require mitigation measures. Network Rail are investigating a multi-modal bridge in this area. An appropriate mitigation would be for the applicant to contribute towards the multi-modal bridge. Please consider including an appropriate contribution, as part of any ensuing S106 agreement’.

6.65 In light of the above, a development of this scale is not able to resolve what for the most part existing infrastructure deficits. What is being sought is considered to be a proportionate contribution which can be pooled and used with other funding. It is not considered that the residual cumulative impacts of allowing this development ahead of implementing these infrastructure improvements would be severe, which is the threshold test established by the NPPF. In addition, this is a site which was being advanced for housing development in the draft SSADPD, in part on the basis of the contribution it can make towards safeguarding important heritage assets and improvement to the public realm.

VI. FLOOD RISK, DRAINAGE, WATER QUALITY, WATER RESOUCRES AND UTILITIES

6.66 With regard to flood risk, NPPF Part 10 and LDF-CS Policies CSTP25 (Addressing climate change), CSTP27 (Management and Reduction of Floor Risk), PMD2 (Design and layout) and PMD15 (Flood Risk Assessment) are relevant. With regards to utilities, LDF-CS Policy CSTP13 is relevant.

6.67 The application is accompanied by Energy and Water Statement, Utilities Statement, Flood Risk and Surface Water Drainage Assessment.

6.68 The site is located within Flood Risk Zone 3. The site is defended by the river wall which offers a level of protection up to the 1:1000 year tidal event.

6.69 The Draft Site Specific Allocations and Policies DPD (2012) contained four proposed designations over various parts of the Thames Industrial Estate. With regards to the application site this includes ‘Housing Sites Without Permission - EAT10’ and ‘Land for mixed use development - M14’. Whilst the draft SSADPD Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

does not form part of the development plan and has no statutory weight, it does highlight that this site formed part of an area within the TIE which was being considered for the re-designation from a Secondary Employment and which could deliver the housing growth envisaged for the area. The proposal needs to be seen in the context of the spatial justification for development in East Tilbury detailed above. In this instance;

- The proposal is in part justified on the basis that the proposed housing would facilitate the upkeep, repair and maintenance of the commercial buildings in Thames Industrial Estate (some of which are Listed Buildings, and all of which fall within the East Tilbury Conservation Area). The proposal would therefore help preserve the historic urban landscape. Other sites within the settlement boundary would not offer these regeneration benefits. - The development is within the settlement boundary and is not within the Green Belt - The development is not within open space or an environmentally designated site. - The site is on PDL.

6.70 The Council’s Strategic Flood Risk Assessment (SFRA) accepts that ‘some development may be necessary within flood risk areas on brownfield land’. The site is on brownfield land’ and one of a number of sites detailed for housing in the draft LDF-SSADPD. In light of the above, the site delivers on all of the issues to which a limited quantum of development is permitted in East Tilbury in order to deliver regeneration. Having regard to the evidence presented, it is considered that there are no reasonably available sites in the assessed area with a lower probability of flooding that would be appropriate to the type of development proposed and there is no other reasonably comparable site within the same Flood Zone that is considered to be more appropriate to develop in light of the requirements of the Sequential Test.

6.71 The NPPF requires applications to pass the Exception Test. With regards part (a), in light of the findings of this report, it is considered that the proposal would result in positive sustainable benefits arising from the redevelopment of brownfield land and safeguarding heritage assets. With regards part (b), it is proposed to set the finished floor level at 4.42m AOD, which is 300mm above the 1:200 year floodwater level (including climate change) and the first floor above the height of the 1:1000 year event. The FRA sets out a range of mitigation and resilience measures (para 3.31).

6.72 The Civil Protection Service’s consultation response provides generic guidance on what measures should be employed within a Flood Warning and Evacuation Plan. A condition requiring a Flood Evacuation Plan to be submitted and agreed is Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

recommended together with securing the flood mitigation and resilience measures detailed in the FRA.

6.73 In terms of surface Water Drainage the FRA advises that there are no surface water public sewers in close proximity to the site. The FRA states that ‘as the existing drainage regime for the industrial site utilises infiltration drainage techniques to dispose of the surface water run-off, it is anticipated that a similar methodology will be introduced for the residential area’ (para 3.39). The FRA contains details of the attenuation provision and the findings of infiltration tests which suggest that a SUD’s strategy could be successfully employed on the site.

The drainage strategy proposes; - run off from roof areas directed to rear gardens and discharged to an infiltration trench - run off from access roads and parking provision will use a linked permeable paving system to direct flows to a swale running along the northern and eastern boundaries;

6.74 Both the Council’s Flood Risk Manager and the EA raise no objections subject to conditions.

6.75 The FRA advises that there is a foul water main that transverses part of the application site. The FRA advises that if this is the case then it will be diverted if necessary in accordance with the requirements of Anglian Water.

6.76 In light of the above, it is considered that the proposal passes the Sequential and Exception Tests. Subject to conditions, it is considered that the proposal complies with the NPPF Part 10 and LDF-CS Policies CSTP25 (Addressing climate change), CSTP27 (Management and Reduction of Floor Risk), relevant criteria of PMD2 (Design and layout), PMD15 (Flood Risk Assessment) and CSTP13.

VII. GROUND CONDITIONS, CONTAMINATION AND REMEDIATION

6.77 LDF-CS Policy PMD1 (Minimising pollution and impacts on amenity) is relevant. Whist Environmental Health do not foresee any contaminative issues, as a precaution they recommend a watching brief condition. The Environment Agency raises no issues with regards ground contamination.

VIII. NOISE, VIBRATION, AIR QUALITY AND CONSTRUCTION IMPACTS

6.78 LDF-CS Policy PMD1 (Minimising pollution and impacts on amenity) is relevant and starts that developments will not be permitted where they would cause unacceptable effects on the amenities of the area, the amenity of neighbouring occupants or the amenity of future occupiers of the site. LDF-CS Policy PMD9 Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

(Road Network Hierarchy) indicates that developments will only be permitted where measures have been taken to mitigate all adverse air quality impacts in or adjacent to AQMAs and where the development will minimise the impacts on the quality of life of local residents, such as noise, air pollution, and the general street environment.

6.79 The application is accompanied by a Noise Impact Assessment. This concludes that having regard to road traffic noise the parts of the site falls within Noise Exposure Categories (NEC) “A” and “B”. Even with potential intensification of movements, railway noise is considered insignificant to the noise climate of the site. Subject to specified glazing and fencing, the proposal would provide satisfactory internal and external living conditions. Environmental Health agree with the conclusions and recommendations for mitigation.

6.80 Whilst the dominant observed noise source was road traffic, the Noise Impact Assessment also noted that ambient noise levels were impacted on by intermittent light industrial noise from the adjacent Thames Industrial Estate north and west of the site. Whilst the whole of the TIE has a history of manufacturing, of late the buildings in the immediate proximity to the site have principally been used for storage and office accommodation, such uses are generally low noise generating and compatible with adjacent residential areas. Whilst there is a theoretical possibility that manufacturing uses could resume within buildings 13 and 24, the buildings are not well suited for this purpose and as such this is unlikely. Nevertheless, it is recommended that a restrictive covenant is placed on Units 23, 24 and 13 to preclude B2 use and to only allow B1(c) (Light industrial) use in the event of the prior assessment of impact and measure to mitigate harm to the residential amenity and the implementation of such measures.

6.81 The proposed houses would share an access with Trafalgar House. Creating a separate access for the majority of the TIE would preclude the majority of commercial vehicles from passing in close proximity to the proposed houses. The access would serve 32 spaces and it is not envisaged that vehicle movements associated with Trafalgar House would be of such intensity as to harm residential amenity of future occupiers of the development.

6.82 It is not considered that the proposed construction phase would have an unacceptable impact on air quality, the noise environment, sensitive receptors, flood risk and ground water and as such complies with the relevant criteria of LDF-CS Policies PMD1 and PMD9.

IX. ECOLOGY AND NATURE CONSERVATION Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

6.83 Part 11 of the NPPF relates to ‘Conserving and enhancing the natural environment’. LDF-CS CSTP19 (Biodiversity) and PMD7 (Biodiversity and development) are relevant.

6.84 The application is accompanied by an Ecology report. In terms of designated sites, the report concludes that the development proposals would not be likely to have a significant effect on Thames Estuary and Marshes SPA / Ramsar site which is some 1.8km from the site. Natural England do not object to the proposals. There are no non-statutory designated sites of nature conservation interest within or immediately adjacent to the application site.

6.85 With regards habitats within the application site, the report advises that these generally hold very limited ecological value, comprising areas of amenity grassland, amenity hedgerow planting, cleared land, ruderal vegetation, rough grassland, trees, scrub, buildings and hardstanding.

6.86 The report concludes that there are no buildings or trees within the application site which provide opportunities for roosting bats. The report recommends that any clearance of trees, scrub or hedgerows is undertaken outside the breeding season.

6.87 With regards reptiles, the report concludes that the vast majority of the application site comprises sub-optimal habitats for reptile species. It does highlight that previous surveys undertaken in the local area in habitat which is contiguous with the rough grassland within the application site have recorded the presence of reptiles. In light of this, it recommends a translocation exercise.

6.88 The report identifies that the landscaping proposals offer some enhancements for biodiversity over the existing situation. The Council’s Ecology advisor raises no objection subject to conditions. In light of the above, subject to conditions, it is considered that the proposal complies with part 11 of the NPPF and LDF-CS Policies CSTP19 (Biodiversity) and PMD7 (Biodiversity and development).

7.0 CONCLUSIONS

7.1 The application proposes the redevelopment of an area of previously developed land designated for secondary industrial and commercial activities towards the south-eastern boundary of the TIE. The redevelopment of the site to provide 50 dwellings, amended access arrangement and the creation of improved public open space is considered acceptable, subject to necessary planning conditions and s.106 agreement.

8.0 RECOMMENDATION

8.1 It is recommended that the application be APPROVED subject to; Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

A: the applicant entering into a suitable s106 agreement within 4 months of the date of resolution to secure the Heads of Terms set out in Part 1 of this report

B: Imposition of the conditions detailed below:

Condition(s):

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

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

2. Landscaping

No development shall take place until there has been submitted to, and approved in writing by, the local planning authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development, and a programme of maintenance. All planting, seeding or turfing comprised in the approved scheme shall be carried out in the first planting and seeding season following commencement of the development (or such other period as may be agreed in writing by the local planning authority) and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation.

REASON: To ensure that the proposed development is satisfactorily integrated with its immediate surroundings and provides for landscaping as required by policies CSTP18 and PMD2 of the adopted Thurrock LDF Core Strategy and Policies for the Management of Development DPD (2011).

3. Implementation of boundary treatment and removal of permitted development rights for means of enclosure

Screen walls, fences and means of enclosure shall be erected in accordance with the details indicated on the approved plans prior to the first occupation of the residential units they serve and shall thereafter be permanently retained and maintained in the agreed form. Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no gates, fences, walls or other means of enclosure shall be erected or provided on site without the prior written consent of the local planning authority.

REASON: In the interests of visual amenity, privacy and to ensure that the proposed development is satisfactorily integrated with its immediate surroundings including the Heritage Assets as required by policies CSTP22, CSTP24, PMD2 and PMD4 of the adopted Thurrock LDF Core Strategy and Policies for the Management of Development DPD (2011).

4. Reporting and dealing with unexpected contamination

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the local planning authority. An investigation and risk assessment must be undertaken, and where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the local planning authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the local planning authority.

REASON: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy PMD1 of the Thurrock Core Strategy and Policies for the Management of Development DPD (2011).

5. Access

Prior to the commencement of development, details of the layout, dimensions and construction specification of the new northern access to the Princess Margaret Road shall be submitted to and agreed in writing with the Local Planning Authority.

REASON: In the interests of highway safety and efficiency and in accordance with policy PMD9 and PMD2 of the Thurrock Core Strategy and Policies for the Management of Development DPD.

6. Access and provision of infrastructure

Vehicular access to the proposed residential development shall be from the existing point of access from Princess Margaret Road (‘the southern Access’) and there shall Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

be no other means of vehicular access to the residential development site.

Prior to first residential occupation of the residential development hereby permitted;

(a) the new access to serve the Thames Industrial Estate (excluding Trafalgar House Building 13) (‘the northern Access’) shall be formed in accordance with the following plans (unless amended details are agreed by way of condition attached to this permission) and be available for use; 13-T006 01.1 Rev BProposed access incorporating MOT Centre 09.04.14 13-T006 01.2 Rev BProposed access incorporating MOT Centre 09.04.14

Following its formation, the northern access shall be the sole vehicular access serving the Thames Industrial Estate (with the exception of vehicular access to Trafalgar House Building 13 which shall remain from the southern access).

(b) Details of signage for the southern and northern access to direct commercial and residential traffic to the appropriate access shall be submitted to and agreed in writing with the Local Planning Authority. The agreed measures shall be implemented prior to first residential occupation of the dwellings hereby permitted and thereafter permanently retained and maintained.

(c) Details of measures to physically preclude vehicle access between the Thames Industrial Estate (excluding Trafalgar House Building 13) and the site shall be submitted to and agreed in writing with the Local Planning Authority. The agreed measures shall be implemented prior to first residential occupation of the dwellings hereby permitted and thereafter permanently retained and maintained.

(d) The 32 parking spaces to serve Trafalgar House Building 13 and the associated works to the existing access road, including the provision of the turning head to the west of the building, detailed on the approved plans shall be undertaken. Notwithstanding the Town & Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no development shall be carried out on the site so as to preclude the use of those car parking spaces. The car parking spaces shall be available in their entirety during the whole of the time that Trafalgar House Building 13 is open to users and visitors of the building.

REASON: To accord with the agreed access strategy, in the interests of highway safety and amenity of future residents in accordance with policy PMD9 and PMD2 of the Thurrock Core Strategy and Policies for the Management of Development DPD (2011). To ensure that adequate car parking provision is available in accordance with policy PMD8.

7. Pedestrian sight splay Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

Prior to the accesses being first used sight splays measuring 1.5 metres x 1.5 metres measured from the back of the footway shall be laid out each side of the proposed residential accesses within the site and the sight splays shall thereafter be permanently maintained free of any obstruction exceeding 600mm high when measured from the level of the adjoining highway carriageway.

REASON: In the interest of highway and pedestrian safety, in accordance with policy PMD2 of the Thurrock Core Strategy and Policies for the Management of Development DPD (2011).

8. Construction of residential roads / footpaths

The carriageways within the development hereby permitted (apart from the wearing surface) and footways shall be constructed prior to the occupation of any residential units detailed to have access from such road(s) or footways and the proposed road(s) and turning space(s) shall be constructed in such a manner as to ensure that each dwelling before it is residentially occupied is served by a properly consolidated and surfaced carriageway and footway between the dwellings and existing highway. Furthermore, the footways and footpaths commensurate with the frontage of each dwelling shall be constructed and completed within six months from the date of the first occupation of that dwelling. The wearing surface shall be completed prior to the residential occupation of the 45th residential unit.

REASON: In the interests of highway safety and amenity in accordance with policy PMD2 of the Thurrock Core Strategy and Policies for the Management of Development DPD (2011).

9. Residential Travel Plan Prior to the first residential occupation of the dwellings hereby permitted, a Travel Plan shall be submitted to and agreed in writing with the local planning authority. The Travel Plan shall include detailed and specific measures to reduce the number of journeys made by car to the site and shall include specific details of the operation and management of the proposed measures. The commitments explicitly stated in the Travel Plan shall be binding on the applicants or their successors in title. The measures shall be implemented upon the first residential occupation of the dwellings hereby permitted] and shall be permanently kept in place unless otherwise agreed in writing with the local planning authority. Upon written request, the applicant or their successors in title shall provide the local planning authority with written details of how the measures contained in the Travel Plan are being undertaken at any given time.

REASON: To reduce reliance on the use of private cars, in the interests of sustainability, highway safety and amenity in accordance with Policy PMD10 of the Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

Adopted Thurrock Local Development Framework Core Strategy and Policies for the Management of Development DPD (2011).

10. Retention of car parking / garaging (residential)

The areas shown on the approved plans as car parking space(s) and garages shall be provided prior to the first occupation of the dwelling(s) they serve and thereafter kept available for such use. Notwithstanding the Town & Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no permanent development shall be carried out on the site so as to preclude the use of these parking space(s) or garage(s) for the parking of cars.

REASON: In the interests of highway safety and visual amenity, to ensure that adequate car parking provision is available in accordance with policy PMD8 and that parking does not dominate the public realm and adversely impact on the setting of the heritage assets or Conservation Area in accordance with Policy CSTP24 (Heritage Assets and the Historic Environment) and Policy PMD4 (Historic Environment) of the Thurrock Core Strategy and Policies for the Management of Development DPD (2011).

11. Visitor parking (use by wider development)

The visitor parking spaces shall be shall be constructed prior to the occupation of the 40th residential unit hereby permitted, or at a later date first agreed in writing with the Local Planning Authority. These parking spaces shall not be allocated to a property within the development and shall be available for general use by residents and their visitors.

REASON: To ensure that adequate car parking provision is available in accordance with policy PMD8 of the Thurrock Core Strategy and Policies for the Management of Development DPD (2011).

12. Details of surfacing materials

Prior to the commencement of development details of the surfacing materials to be used in the construction of all footways and roadways shall be submitted to and agreed in writing by the local planning authority. Construction of the development shall be in accordance with the agreed details.

REASON: In the interests of visual amenity and to ensure that the proposed development is satisfactorily integrated with its surroundings in accordance with Policies PMD2, CSTP24 (Heritage Assets and the Historic Environment) and PMD4 (Historic Environment) of the adopted Thurrock LDF Core Strategy and Policies for Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

the Management of Development DPD (2011).

13. Details of materials and samples

Notwithstanding the information on the approved plans, no development above ground level shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted and materials for windows have been submitted to and approved in writing by the local planning authority. Development shall be carried out in strict accordance with the approved details unless otherwise agreed in writing by the local planning authority.

REASON: In the interests of visual amenity and to ensure that the proposed development is satisfactorily integrated with its surroundings in accordance with Policies PMD2, CSTP24 (Heritage Assets and the Historic Environment) and PMD4 (Historic Environment) of the adopted Thurrock LDF Core Strategy and Policies for the Management of Development DPD (2011).

14. Fenestration

Notwithstanding the Town & Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) the windows detailed on the approved plans as being obscured shall be obscure glazed and (with the exception of top-hung fanlights) fixed shut and shall be permanently retained as such. Those windows detailed with a projecting bay at first floor level shall have obscure glazing to the principle rear facing window and shall be top hung, only the glazing to the sides of these projecting bays shall be clear glazed and shall be permanently retained as such.

REASON: To ensure that adjoining residential amenity is protected in accordance with Policy PMD1 of the adopted Thurrock LDF Core Strategy and Policies for the Management of Development DPD (2011).

15. Retention of window pattern

Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no enlargement of or provision of additional window openings or provision of roof lights, shall be made to the fenestration pattern hereby approved.

REASON: To ensure that adjoining residential amenity is protected in accordance with Policy PMD1 of the adopted Thurrock LDF Core Strategy and Policies for the Management of Development DPD (2011).

16. No extensions without permission Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no extensions whatsoever shall be erected to the buildings hereby permitted.

REASON: In the interests of amenity and to ensure that the proposed development is satisfactorily integrated with its immediate surroundings including the Heritage Assets in accordance with Policies PMD2, CSTP24 (Heritage Assets and the Historic Environment) and PMD4 (Historic Environment) of the Adopted Thurrock Local Development Framework Core Strategy and Policies for the Management of Development DPD (2011).

17. No further hardstanding

Notwithstanding the Town & Country Planning (General Permitted Development)) Order 1995 (or any order revoking and re-enacting that Order with or without modification), with the exception of those areas shown on the approved plans as being paved or hardsurfaced, no other impermeable paving or hard surfacing shall be laid or formed within the front garden area of any of the dwelling(s) hereby permitted.

REASON: In the interests of visual amenity and to ensure that the proposed development is satisfactorily integrated with its immediate surroundings including the Heritage Assets in accordance with Policies CSTP24 (Heritage Assets and the Historic Environment) and PMD4 (Historic Environment) of the Adopted Thurrock Local Development Framework Core Strategy and Policies for the Management of Development DPD (2011).

18. No external clutter

Notwithstanding the Town and Country Planning Act 1990 and the provisions of the Town & Country Planning (General Permitted Development)) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no electricity, gas or water meter boxes, soil ventilation pipes, boiler flues, ventilation grilles or ducting, satellite dishes, burglar alarms, surface wiring or pipe work shall be fixed to the external fabric of the buildings without the prior written approval of the local planning authority.

REASON: In the interests of visual amenity and to ensure that the proposed development is satisfactorily integrated with its immediate surroundings including the Heritage Assets in accordance with Policies CSTP24 (Heritage Assets and the Historic Environment) and PMD4 (Historic Environment) of the Adopted Thurrock Local Development Framework Core Strategy and Policies for the Management of Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

Development DPD (2011).

19. Rainwater goods

All rainwater goods to be installed as part of the works hereby granted consent shall be of black or grey painted metal and shall be permanently retained as such.

REASON: In the interests of visual amenity and to ensure that the proposed development is satisfactorily integrated with its immediate surroundings including the Heritage Assets in accordance with Policies CSTP24 (Heritage Assets and the Historic Environment) and PMD4 (Historic Environment) of the Adopted Thurrock Local Development Framework Core Strategy and Policies for the Management of Development DPD (2011).

20. Site levels

No development shall take place until details of finished site levels and finished external surface levels and the finished floor levels of the buildings hereby permitted (both ground and first floor) have been submitted to, and approved by, the local planning authority. The development shall be implemented in accordance with the agreed details.

REASON: In order to have regard to flood risk and visual amenity in accordance with policies PMD1, PMD2, PMD15 and CSTP27 of the Adopted Thurrock Local Development Framework Core Strategy and Policies for the Management of Development DPD (2011).

21. Noise insulation

The development shall incorporate the mitigation measures into the residential units in the manner specified in the noise assessment by Ardent Consulting Engineers (Reference P550-02 dated November 2013) accompanying the application. The approved measures shall be permanently retained as approved unless otherwise agreed in writing with the local planning authority.

REASON: To protect the amenities of future residential occupiers and to ensure that the development can be integrated within its immediate surroundings in accordance with Policy PMD1 of the adopted Thurrock LDF Core Strategy and Policies for the Management of Development DPD (2011).

22. Lighting plan

Notwithstanding the details on the approved plans, prior to the first residential occupation of any of the dwelling(s) hereby permitted a detailed lighting plan for the Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

development to include the road, car parking areas, footways/ cycleways, shall be submitted to and agreed in writing with the local planning authority. The submitted lighting plan shall include the siting and design of lighting together with details of the spread and intensity of the light sources. The lighting shall be installed in accordance with the agreed details prior to first residential occupation of the dwellings hereby permitted and thereafter retained and maintained in the agreed form unless otherwise agreed in writing by the local planning authority.

REASON: In the interests of highway safety and residential amenity and to ensure that the proposed development is satisfactorily integrated with its immediate surroundings including the Heritage Assets in accordance with Policies PMD1, PMD2, CSTP24 (Heritage Assets and the Historic Environment) and PMD4 (Historic Environment) of the adopted Thurrock LDF Core Strategy and Policies for the Management of Development DPD (2011).

23. Code for sustainable homes

Unless otherwise agreed in writing by the local planning authority, the development hereby permitted shall be built to a minimum standard of 'Level 4' under the Code for Sustainable Homes. Prior to first residential occupation of the individual residential units hereby permitted a copy of the post-construction review certificate produced by the relevant assessor for that dwelling (or for the totality of the development or parts thereof) verifying that the aforementioned minimum star rating has been achieved for that residential unit shall be submitted to the local planning authority.

REASON: To ensure that development takes place in an environmentally sensitive way in accordance with Policy PMD12 of the adopted Thurrock LDF Core Strategy and Policies for the Management of Development DPD (2011).

24. Renewable energy and sustainability

The development shall undertake the measures specified in the ‘Energy and Water Statement’ and a ‘Sustainability Statement’ and achieve the generation of at least 10% of its energy needs through the use of decentralised, renewable or low carbon technologies. The approved measures shall be implemented and operational upon the first use or occupation of the buildings hereby permitted and shall thereafter be retained in the agreed form unless otherwise agreed in writing by the local planning authority.

REASON: To ensure that development takes place in an environmentally sensitive way in accordance with Policies PMD13 and PMD12 of the adopted Thurrock LDF Core Strategy and Policies for the Management of Development DPD (2011).

25. Construction Environmental Management Plan Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

No construction or remediation works shall commence until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority in writing. The CEMP should contain or address the following matters:

(a) Hours and duration of any piling operations, (b) Vehicle haul routing in connection with construction, remediation and engineering operations, (c) Wheel washing; (d) Details of construction access; (e) Location and size of on-site compounds (f) Details of any temporary hardstandings; (g) Details of temporary hoarding; (h) Method for the control of noise with reference to BS5228 together with a monitoring regime (i) Measures to reduce vibration and mitigate the impacts on sensitive receptors together with a monitoring regime (j) Dust and air quality mitigation and monitoring, (k) Water management including waste water and surface water discharge, (l) Method statement for the prevention of contamination of soil and groundwater and air pollution, including the storage of fuel and chemicals, (m) A Site Waste Management Plan, (n) Community liaison including a method for handling and monitoring complaints, contact details for site managers. (o) details of security lighting layout and design;

Works on site shall only take place in accordance with the approved Construction Environmental Management Plan.

REASON: In order to minimise any adverse impacts arising from the construction of the development in accordance with Policy PMD1 of the Adopted Thurrock Local Development Framework Core Strategy and Policies for the Management of Development DPD (2011).

26. Hours of construction

No construction works in connection with the development shall take place on the site at any time on any Sunday or Bank / Public Holiday, nor on any other day except between the following times: Monday to Friday 0800 – 1800 hours Saturdays 0800 – 1300 hours. Unless in association with an emergency or the prior written approval of the local planning authority has been obtained. Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

REASON: In the interest of protecting residential amenity and in accordance with Policy PMD1 of the Adopted Thurrock Local Development Framework Core Strategy and Policies for the Management of Development DPD (2011).

27. Surface and foul water drainage

Prior to the commencement of development hereby approved a surface / foul water drainage scheme and management strategy shall be submitted to and approved in writing by the local planning authority. The drainage scheme shall:

 Incorporate the SuDS “Management Train” and ensure all features are designed in accordance with CIRIA (C697) The SUDS Manual so that ecological, water quality and aesthetic benefits can be achieved in addition to the flood risk management benefits. In addition, the maintenance requirements for the SUDS element of the proposed surface water drainage system should be formulated as per the recommendations within the CIRIA SUDS Manual (C697).  Fully investigate the feasibility of infiltration SuDS as a preference and provide evidence to establish if the principles of any infiltration based surface water drainage strategy are achievable on site, based on the ground conditions, such as infiltration or soak away tests which adhere to BRE365 guidance.  Provide plans and drawings showing the locations and dimensions of all aspects of the proposed surface water management scheme. The submitted plans should demonstrate that the proposed drainage layout will perform as intended based on the topography of the site and the location of the proposed surface water management features. In addition, full design details, including cross sections of any proposed infiltration or attenuation features will be required.  Provide calculations to demonstrate that the proposed surface water management scheme has been adequately sized to accommodate the critical duration 1 in 100 year rainfall event including allowances for climate change without causing nuisance or damage. The management strategy should consider both storage and conveyance of surface water.  Provide sufficient information to demonstrate that people and property will be kept safe from flooding, with consideration given to exceedance flows and overland flow routing where required.  Provide details of the future adoption and maintenance of the proposed surface water scheme for the lifetime of the proposed development.  Provide details of phasing  Confirmation of provision and capacity of the receptor system (if applicable)

The foul and surface water drainage systems shall be constructed in accordance Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

with the approved strategy and phasing and maintained thereafter in accordance with it. There shall be no occupation of any building in the relevant phase of development until the approved foul and surface water drainage system is in place.

REASON: To prevent flooding by ensuring the satisfactory storage and disposal of surface and foul water from the site for the lifetime of the development.

28. Flood evacuation plan

Prior to occupation of any building, a site wide Flood Evacuation and Emergency Response Plan for the development shall be submitted to and approved in writing by the local planning authority. The approved measures within the Plan shall be operational upon first occupation of the development and shall be permanently maintained thereafter.

REASON: In order to ensure that adequate flood warning and evacuation measures are available for all users of the development in accordance with Policy PMD15 of the adopted Thurrock LDF Core Strategy and Policies for the Management of Development DPD (2011).

29. Flood Risk Assessment – Flood Mitigation and resilience strategy

The development shall be undertaken in accordance with the following measures set out within the Flood Risk Assessment (November 2014);

a) The houses shall have a finished ground floor level of 4.42mAODN. First floor levels shall be situated 300mm above the 1 in 1000 year event inclusive of climate change to ensure refuge is available in an extreme event. b) Each property shall be registered with the Environment Agency’s ‘Floodline Warnings Direct’ service within 28 days of first residential occupation. c) Within 28 days of first residential occupation each property shall be given a copy of the Flood Evacuation and Emergency Response Plan agreed pursuant to condition 28. d) Prior to first residential occupation of a residential unit, all ground floor doors of that unit shall be designed to be flood resilient through the use of ‘FloodProof’ automatic Door Sealing System manufactured by FloodGuard UK Limited (or similar approved product). e) Prior to first residential occupation of a residential unit, all electrical appliances within that unit below the floodwater design level associated with the 1:200 year tidal breach event shall be protected by an earth leakage circuit breaker separate from the upper floors, and all control switches shall be pull-cords or remote switching; Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

f) Prior to first residential occupation of a residential unit, the plumbing system within that unit shall be sealed below the floodwater design level with non-return valves; g) The foul water drainage system shall include sealed connections and covers; h) All service supply meters shall be installed above the floodwater design level; i) All water heating system shall also be installed above the floodwater design level, unless a sealed system is provided.

REASON: To mitigate the residual risk of flooding and to ensure the properties have built in resilience, in accordance with the FRA submitted with the application and in accordance with the NPPF Part 10, PPG and Policies CSTP27 and PMD15 of the adopted Thurrock LDF Core Strategy and Policies for the Management of Development DPD (2011).

30. Ecology

The development shall be carried out in accordance with the mitigation measures set out in the Ecology Report submitted with the planning application, unless otherwise provided for in any of the conditions or subject to any alternative mitigation measures as may be first approved in writing with the Local Planning Authority.

REASON: To ensure that the development is carried out in accordance with the principles of mitigation set out in the application in order to minimise the environmental effects of the development and ensure compliance with Part 11 of the NPPF and Thurrock LDF Core Strategy and Policies for the Management of Development DPD (2011) Policies CSTP19 (Biodiversity) and PMD7 (Biodiversity and development).

31. Building Recording

No demolition of any kind shall take place within the development area until the applicant has secured and implemented a programme of building recording in accordance with a written scheme of investigation which has been submitted by the applicant, and approved by the planning authority. REASON: To ensure that investigation and recording of any remains takes place prior to commencement of development in accordance with Policy PMD4 of the adopted Thurrock LDF Core Strategy and Policies for the Management of Development DPD (2011).

32. Archaeological trial trenching and excavation or preservation in situ.

(a) No development or preliminary groundworks shall commence until a Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

programme of archaeological evaluation has been secured and undertaken in accordance with a written scheme of investigation which has previously been submitted by the applicant, and approved by the planning authority. A mitigation strategy detailing the excavation/preservation strategy for any archaeological deposits shall be submitted to the local planning authority following the completion of this work.

(b) No development or preliminary groundworks can commence on those areas containing archaeological deposits until the satisfactory completion of fieldwork, as detailed in the mitigation strategy, and which has been previously approved by the local planning authority in consultation with its historic environment advisors.

(c) The applicant shall submit to the local planning authority a post-excavation assessment (to be submitted within six months of the completion of fieldwork, unless otherwise agreed in advance with the Planning Authority). This will result in the completion of post-excavation analysis, preparation of a full site archive and report ready for deposition at the local museum, and submission of a publication report.

REASON: To ensure that investigation and recording of any remains takes place prior to commencement of development in accordance with Policy PMD4 of the adopted Thurrock LDF Core Strategy and Policies for the Management of Development DPD (2011).

33. Approved plans

Unless otherwise specified by condition or details agreed by way of condition, the development shall be undertaken in strict accordance with the following approved plans, unless otherwise first agreed in writing with the Local Planning Authority.

Plan Number(s): Reference Name Received 200/001 Planning Application Boundary 4.12.13 200/002 Demolition Plan 4.12.13 200/200 Layout Plan 4.12.13 200/201 Rev C Masterplan 4.12.13 200/300 REV A House type 02A 06.09.14 200/301 REV A House type 02A 06.09.14 200/302 REV A House type 02B 06.09.14 200/303 REV A House type 02B 06.09.14 200/304 REV A House type 02C 06.09.14 200/305 REV A House type 02C 06.09.14 200/306 REV A House type 03A 06.09.14 Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

200/307 REV B House type 03A 06.09.14 200/308 REV A House type 03B 06.09.14 200/309 REV B House type 03B 06.09.14 200/310 REV A House type 03C 06.09.14 200/311 REV B House type 03C 06.09.14 200/312 REV A House type 03D (Garage end) 06.09.14 200/313 REV B House type 03D (Garage end) 06.09.14 200/314 REV A House type 03D (Dwelling end) 06.09.14 200/315 REV B House type 03D (Dwelling end) 06.09.14 200/316 REV A House type 04A (Garage end) 06.09.14 200/317 REV A House type 04A (Garage end) 06.09.14 200/318 REV A House type 04A (Dwelling end) 06.09.14 200/319 REV A House type 04A (Dwelling end) 06.09.14 200/350 Rev B Terrace 01 & 02 Plans and 06.09.14 elevations 200/351 REV B Terrace 03 & 04 Plans and 06.09.14 elevations 200/352 REV B Terrace 05 & 06 Plans and 06.09.14 elevations 200/400 REV A Site Sections A, B & C 06.09.14 200/401A REV A Site Sections D, E & F 06.09.14 200/500 REV A Terrace plans ground floor 06.09.14 200/501 REV A Terrace plans first floor 06.09.14 D0214 004 Typical Sections 4.12.13

13-T006 01.1 Rev B Proposed access incorporating 09.04.14 MOT Centre 13-T006 01.2 Rev B Proposed access incorporating 09.04.14 MOT Centre 13-T006 11 Swept Path Analysis 09.04.14 13-T006 12.1 Proposed access incorporating 09.04.14 MOT centre – Swept path analysis – large car 13-T006 12.2 Proposed access incorporating 09.04.14 MOT centre – Swept path analysis – box van 13-T006 14 Proposed access incorporating 09.04.14 MOT Centre 13-T006 13 Car park space dimensions 09.04.14

REASON: To ensure that the development is undertaken in strict accordance with the approved plans to which the Local Planning Authority has assessed against National and Local Planning Policy. Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL

INFORMATIVES 1 Informative: Any works, which are required within the limits of the highway reserve, require the permission of the Highway Authority and must be carried out under the supervision of that Authority's staff. The Applicant is therefore advised to contact the Authority at the address shown below before undertaking such works. Chief Highways Engineer, Highways Department, Thurrock Council, Civic Offices, New Road, Grays Thurrock, Essex. RM17 6SL

2 ECC Archaeology advise ‘Further recommendations: A recognised professional team of archaeologists should undertake the programme of historic environment work. The archaeological work would consist of the initial recording of the present structure followed by the excavation of trial trenches in the area of the residential development followed by open area excavation where significant deposits are identified. The Council should inform the applicant of the archaeological recommendations and its financial implications. An archaeological brief detailing the requirements of the work can be produced from this office’.

Documents: All background documents including application forms, drawings and other supporting documentation relating to this application can be viewed online: www.thurrock.gov.uk/planning/13/01163/FUL

Alternatively, hard copies are also available to view at Planning, Thurrock Council, Civic Offices, New Road, Grays, Essex, RM17 6SL. Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL Planning Committee 11.12.14.2014 Application Reference: 13/01163/FUL