Proposal: Approval of Reserved Matters (Appearance, layout and scale) for the engineering works required to raise the levels of the site to create the development platforms and associated infrastructure works.  Submission of details for conditions 2 and part discharge of conditions 7, 8, 9, 13, 16 and 17, in relation to the engineering works of planning permission 20/01227/OUTM dated 26.02.2021 - Erect up to 214 residential units (Use Class C3), provision of a new health centre up to 1000sqm (Use Class D1), up to 400sqm of retail floorspace (Use Class A1-A3), land raising, all associated car parking, new foot and cycle paths, public open space, landscaping and ancillary works and infrastructure, Install vehicular access off Barge Pier Road, New Garrison Road and Magazine Road (Outline Application)

Applicant: Bellway Homes Essex

Agent: Savills

Resolved:-  (a)  That the RESERVED MATTERS be APPROVED, subject to the following conditions:

01 The development hereby permitted shall be carried out in accordance with the following approved plans: BA9923-SK011-02 (Site Location Plan), 2105160-140-P3 (Earthworks Surcharge Strategy Plan), 2105160-141-P1, 2105160-142-P1, 2105160-143-P3 (Cut and Fill Sections), 2105160-131-P2, 105160-130-P2, 2105160-132-P2 (Earthworks Surcharge Drainage Strategy Plans) and in full accordance with Preliminary Land Raising Strategy IDOM reference PLRSR-22438-22-101-Rev C dated 09.08.22.

Reason: To ensure that the development is carried out in accordance with the provisions of the Development Plan.

02 Prior to the commencement of the development hereby approved, details of a survey of the existing eastern drainage ditch as shown on plan reference BA9923-SK011-02  and a strategy for any ditch maintenance works required to ensure that this drainage ditch is suitable for the intended temporary drainage works associated with the development hereby approved whilst also maintaining the ecology mitigation measures and required enhancement  measures approved under,  and secured by conditions 13, 14, 15, 16 and 17 of, planning permission 20/01227/OUTM shall be submitted to and agreed in writing by the Local Planning Authority. The approved works shall then be carried out and completed in full accordance with the approved details.

Reason:  This pre-commencement condition is required to ensure the approved development does not increase flood risk elsewhere or harm ecology in accordance with National Planning Policy Framework (2021), Core Strategy (2007) Policies KP1, KP2, KP3 and CP4 and Development Management Document (2015) Policies DM6 and DM14.

03 The works to create the raised development platforms hereby approved shall be carried out and completed in full accordance with the timescales set out in section 3 of the Construction Management Plan (CMP) Rev C by Bellway dated 07.11.22 or any other timetable that has previously been submitted to and agreed in writing with the Local Planning Authority under the terms of this planning condition. In addition, notwithstanding the contents of the CMP approved under condition 09 of planning permission 20/01227/OUTM for the construction of the raised development platforms, prior to the commencement of the development subject of this permission, a strategy for lorry movements to and from the development site through the City, including a means for the monitoring of the adherence of the development’s vehicles travelling via the agreed routes, shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall demonstrate that the primary routing on entry to, and through, the City is via the A127.  The development shall be carried out in full accordance with the approved details.

Reason: A pre commencement condition is required in  the  interests  of  sustainability,  accessibility,  highways  efficiency  and safety,  residential  amenity  and  general  environmental  quality  and to safeguard character and appearance of the area and the visual amenities of neighbouring occupiers in accordance with Policies KP2, CP3 and CP4 of the Core Strategy (2007), Policies DM1, DM3 and DM15 of the Development Management Document (2015) and advice in the Southend-on-Sea Design and Townscape Guide (2009).

Informative

You should be aware that in cases where damage occurs during construction works to the highway in implementing this permission that the Council will seek to recover the cost of repairing public highways and footpaths from any party responsible for damaging them. This includes damage carried out when implementing a planning permission or other works to buildings or land. Please take care when carrying out works on or near the public highways and footpaths in the city. The developer will be held responsible for any mud on the road associated with the development and will be expected to address and clean this away promptly within the provisions of the approved CMP failing which the Highways Authority will seek to recover from the developer the Council's costs incurred in removing mud and cleaning the highway and any damage to the road network caused by the development under Section 148 of the Highways Act 1980.

Positive and Proactive Statement:

The Local Planning Authority  has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns.  As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.  The detailed analysis is set out in a report on the application prepared by officers.

(b) That the PARTIAL DISCHARGE of the following conditions for planning permission 20/01227/OUTM, be GRANTED :

Condition 02 (Phasing Plan)

The details of the phasing of the engineering works, as set out in the phasing plans reference BA9923-SK017-01 and BA9923-SK012-04 and the Construction Management Plan (CMP) Rev C by Bellway dated 07.11.22 are acceptable and partially agreed in accordance with the requirements of condition 02 of planning permission reference 20/01227/OUTM in relation to the construction of the raised development platforms only. A subsequent phasing plan will need to be separately agreed in relation to the detailed development in due course.

Condition 07 (Archaeological Recording)

The details of archaeological recording for the site as set out in the Written Scheme of investigation for a Geoarchaeological Borehole Survey by RPS JAC27603 dated May 2022 and the Geoarchaeological Borehole Survey by RPS reference JAC27603 dated May 2022 are acceptable and partially agreed in accordance with the requirements of condition 07 of planning permission reference 20/01227/OUTM in relation to the programme of archaeological recording and analysis only. A report detailing the findings of the borehole analysis will need to be submitted to the Local Planning Authority in due course.

Condition 08 (Existing and Proposed Levels)

The details of the existing and proposed levels, as set out in drawing reference 2105160-140-P3 (Earthworks Surcharge Strategy Plan) are acceptable and partially agreed in accordance with the requirements of condition 08 of planning permission reference 20/01227/OUTM in relation to the construction of the raised development platforms only. The final land levels will need to be separately agreed in relation to the detailed development in due course.

Condition 09 (Demolition and Construction Management Plan (Engineering Works only)

The details of the Construction Management Plan (CMP) Rev C by Bellway dated 07.11.22 are acceptable and partially agreed in accordance with the requirements of condition 09 of planning permission reference 20/01227/OUTM in relation to the construction of the raised development platforms only. A subsequent CMP will need to be separately agreed in relation to the detailed development in due course.

Condition 13 (Timescale for the implementation of Biodiversity Mitigation Measures)

The details of the timescales for the implementation of Biodiversity Mitigation Measures, including the amended mitigation measures for the site in relation to badgers, as set out in the  Updated Ecological Assessment by SES dated August 2022, Ecological Condition Discharge Document: Conditions 13 and 16 Rev B by SES dated 18.11.22,  the Ecological Condition Discharge Document: Conditions 13 and 16 Partial Discharge Relating to Badgers Rev B- by SES dated 08.11.22, the Badger Sett Location Plan dated October 2022 and email from agent dated 30.09.22 regarding Badger Mitigation are acceptable and partially agreed in accordance with the requirements of condition 13 of planning permission reference 20/01227/OUTM in relation to those measures relevant to the construction of the raised development platforms only. A subsequent timetable for the full programme of Biodiversity Mitigation Measures will need to be separately agreed in relation to the detailed development in due course.

Condition 16 (Timetable for Ecological Enhancement Measures)

The details of the timescales for the implementation of Ecological Enhancement Measures as set out in the Ecological Condition Discharge Document: Conditions 13 and 16 Rev B by SES dated 18.11.22 are acceptable and partially agreed in accordance with the requirements of condition 13 of planning permission reference 20/01227/OUTM in relation to those measures relevant to the construction of the raised development platforms only. A subsequent timetable for the full programme of Ecological Enhancement Measures will need to be separately agreed in relation to the detailed development in due course.

Condition 17 (Botany Reports)

The Condition 17 Compliance Note by SES dated 18.11.22 and Ecological Condition Discharge Document: Conditions 13 and 16 Rev B by SES dated 18.11.22 are acceptable and partially agreed in accordance with the requirements of condition 17 of planning permission reference 20/01227/OUTM. Compliance with the translocation of key plant species will need to be demonstrated in due course.

Informatives:

01 Please note that all of the conditions imposed on the Outline Permission 21/02034/OUT and the associated S106 agreement are in force and need to be complied with.

02 You should be aware that in cases where damage occurs during construction works to the highway in implementing this permission that the Council will seek to recover the cost of repairing public highways and footpaths from any party responsible for damaging them. This includes damage carried out when implementing a planning permission or other works to buildings or land. Please take care when carrying out works on or near the public highways and footpaths in the city. The developer will be held responsible for any mud on the road associated with the development and will be expected to address and clean this away promptly within the provisions of the approved CMP failing which the Highways Authority will seek to recover from the developer the Council's costs incurred in removing mud and cleaning the highway.

03 The applicant is advised that all aspects of the development must comply with Civil Aviation Authority CAP168 and EASA (European Union Aviation Safety Regulations) regulations including lighting, landscaping and renewable energy sources.