Proposal:  Application to vary condition 02 (Approved Plans) to replace plan number P_702 with plan number 17-084/700 A, Condition 9 (Nursery Parking) and Condition 10 (New Mews Shared Surface) (Minor Material Amendment to Planning Permission 16/02207/BC4M dated 08.02.2017) (Retrospective)

Applicant:  Public Sector Partnership (Southend) LLP

Agent:  ISL

 

Resolved:  That planning permission be GRANTED subject to the following conditions:

 

01 The development hereby permitted shall begin no later than three years from the date of the original permission (8th February 2017).

 

Reason:  Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

 

02  The development shall be carried out in accordance with the approved plans:

 

729_P_700;  17-084/700-A;  729_P_703;  729_P_704; 729_P_705;  734_P_706;  734_P_707;  729_P_708; 729_P_710;  729_P_712;  729_P_713;  729_P_714; 729_P_718;  729_P_720;  729_P_721;  729_P_722; 729_P_723;  729_P_724;  729_P_725;  734_P_730; 734_P_731 ; 734_P_732;  734_P_73 P2;  734_P_734; 734_P_735;  734_P_737;  734_P_740;  734_P_741; 734_P_742; 734_P_743

 

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

 

03  The nursery building shall be constructed in accordance with the material details previously submitted to and approved in writing by the local planning authority under the approval of details application reference 18/01244/AD or 18/00158/AD or other details that have previously been submitted to the local planning authority and approved in writing before it is occupied.

 

Reason: To safeguard character and appearance of surrounding area in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Core Strategy (2007), Policy DM1 of the Development Management Document (2015) and the Design and Townscape Guide (2009). 

 

04  No construction works for the dwellings above the ground floor slab level shall take place until samples and product details of the materials to be used in the construction of the external elevations of the buildings hereby permitted, including cladding, screening, balustrades, glazed brickwork and fenestration have been submitted to and approved in writing by the local planning authority. The development shall be carried out in strict accordance with the approved details before it is occupied.

 

Reason: To safeguard character and appearance of surrounding area in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Core Strategy (2007), Policy DM1 of the Development Management Document (2015) and the Design and Townscape Guide (2009).

 

05  No construction works for the housing above the ground floor slab level shall take place until details of fenestration including reveals, brick patterning panels, and glazed brickwork within window frames, at a scale of at least 1:20 have been submitted to and approved in writing by the local planning authority. The development shall be carried out in strict accordance with the approved details before it is occupied.

 

Reason: To safeguard character and appearance of surrounding area in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Core Strategy (2007), Policy DM1 of the Development Management Document (2015) and the Design and Townscape Guide (2009). 

 

06  Prior to the display of any signage relating to the Nursery details shall first be submitted to and approved in writing by the Local Planning Authority and the signage shall be displayed only in accordance with the approved details.

 

Reason: To safeguard character and appearance of surrounding area in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Core Strategy (2007), Policy DM1 of the Development Management Document (2015) and the Design and Townscape Guide (2009).

 

07  The nursery development shall be completed in strict accordance with the hard and soft landscaping details previously submitted to and approved in writing by the local planning authority under the approval of details application reference 18/00158/AD or other details that have previously been submitted to the local planning authority and approved in writing. The approved hard landscaping shall be completed, prior to first use of the nursery development and the approved soft landscaping works shall be completed prior to the end of the first planting season following first use of the nursery development. Management of the landscaping shall be implemented in accordance with the agreed management plan.

 

Reason: In the interests of visual amenity and the amenities of occupiers and to ensure a satisfactory standard of landscaping pursuant to the National Planning Policy Framework (2018), Policy CP4 of the Core Strategy (2007),  Policy DM1 of the Development Management Document (2015) and the Design and Townscape Guide (2009).

 

08  No construction works for the dwellings above the ground floor slab level shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved.  These details shall include: proposed finished levels or contours; means of enclosure, boundary treatment, forecourt, shared space and pedestrian access and circulation areas; details of the method of preventing vehicular access between the site and The Renown; hard surfacing materials;  minor artefacts and structures (eg. planters, furniture, benches, bollards, refuse or other storage units, lighting etc.) 

 

Details for the soft landscape works shall include the number, size and location of the trees, shrubs and plants to be planted together with a planting specification, details for the soft landscape works shall include the number, size and location of the trees, shrubs and plants to be planted together with a planting specification, and landscape management plan, site preparation and planting details, long term design objectives, management responsibilities and maintenance schedules for all landscape areas

 

The hard landscaping shall be completed, as approved prior to first occupation of the dwellings and the soft landscaping works shall be completed, as approved, prior to the end of the first planting season following first occupation of the dwellings and planting to all public areas retained thereafter. Management of the landscaping shall be implemented in accordance with the agreed management plan.

 

Reason: In the interests of visual amenity and the amenities of occupiers and to ensure a satisfactory standard of landscaping pursuant to the National Planning Policy Framework (2018), Policy CP4 of the Core Strategy (2007),  Policy DM1 of the Development Management Document (2015) and the Design and Townscape Guide (2009).

 

09  The nursery shall not be occupied until 8 car parking spaces have been laid out within the site in accordance with drawing 17-084/700-A. The parking spaces shall be permanently retained thereafter for the parking of staff and visitors to the nursery development only.

 

Reason: To ensure that adequate car parking is provided and retained to serve the nursery development in accordance with the National Planning Policy Framework (2018), Policies CP3 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015).

 

10  No dwelling hereby approved shall be occupied until 2 parking spaces per dwelling and the "New Mews" shared surface has been laid out within the site in accordance with drawing 17-084/700-A to serve the dwellings and to allow vehicles to access the site and for vehicles to turn so that they may enter and leave the site in forward gear. The parking spaces/shared space shall be permanently retained thereafter and the parking shall be retained for occupiers and visitors to the housing development only. 

 

Reason: To ensure that adequate car parking and access is provided and retained to serve the houses development in accordance with the National Planning Policy Framework (2018), Policy CP3 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015).

 

11  Access to The Renown from the development shall be restricted to pedestrian and cycle access only.

 

Reason: In the interest of highway safety in accordance with the National Planning Policy Framework (2018), Policy CP3 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015).

 

12  The nursery development shall not be first used until a parking management plan for the nursery development has been submitted to and agreed in writing by the Local Planning Authority.  On first occupation of the Nursery development the agreed management plan shall be implemented as approved.

 

Reason: To ensure that the car parking is satisfactorily managed in the interests of traffic management and highway safety in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP3 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015).

 

13  The nursery development shall be completed in strict accordance with the refuse arrangements and details previously submitted to and approved in writing by the local planning authority under the approval of details application reference 18/00158/AD or other details that have previously been submitted to the local planning authority and approved in writing. The approved refuse store shall be installed and made available prior to the first occupation of the nursery development and shall be permanently retained as such thereafter. Waste storage and collection from the development shall be carried out in accordance with details set out in the submitted Design and Access Statement dated December 2016 or other details that have previously been approved in writing by the local planning authority.

 

Reason: In the interest of visual amenity and to ensure that satisfactory waste management is undertaken in the interests of highway safety and visual amenity and to protect the character of the surrounding area, in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP3 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015).

 

14  No construction works for the housing development above the ground floor slab level shall take place until details of the refuse stores have been submitted to and approved by the Local Planning Authority. The refuse stores shall be installed in accordance with the approved details prior to first occupation of the housing development and permanently retained as such thereafter.

 

Reason: In the interest of visual amenity and to protect the character of the surrounding area, in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP3 of the Core Strategy Document (2007) and  Policy DM15 of the Development Management Document (2015).

 

15  The Nursery development shall not be first used until details of secure, covered cycle parking spaces to serve the development have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented and made available on first occupation and shall be permanently retained thereafter.

 

Reason: To ensure that adequate cycle parking is provided and retained to serve the development in accordance with the National Planning Policy Framework 2018), Policies CP3 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015).

 

16  The development hereby approved shall be completed in strict accordance with the construction method statement previously submitted to and approved in writing by the local planning authority under the approval of details application reference 18/00158/AD or other details that have previously been agreed in writing by the local planning authority.

 

Reason: In the interests of visual amenity and the amenities of surrounding occupiers in accordance with the National Planning Policy Framework (2018) and Policies DM1 and DM3 of the Development Management Document (2015).

 

17  No mechanical plant or extraction/ventilation equipment to serve the Nursery shall  be  installed  unless  details  of  the  proposed  plant  or extraction/ventilation  equipment  have  previously  been  submitted  to  and approved in writing by the Local Planning Authority. The equipment shall be installed and retained thereafter in accordance with the approved plans and details. With reference to BS4142, the noise rating level arising from all plant and extraction/ventilation equipment should be at least 5dB(A) below the prevailing background at 3.5 metres from the ground floor facades and 1m from all other facades of the nearest noise sensitive property with no tonal or impulsive character. Appropriate mitigation should then be recommended as necessary.

 

Reason: In the interests of visual amenity and the amenities of surrounding occupiers in accordance with the National Planning Policy Framework (2018) and Policies Policy DM1 and DM3 of the Development Management Document (2015).

 

18  No meter boxes shall be installed on the front of the dwellings or side elevations of the dwellings that face a highway. No meter boxes shall be installed on the eastern or northern elevation of the nursery building unless their design and location has previously been submitted to and approved in writing by the Local Planning Authority prior to their installation and the meter boxes installed thereafter in accordance with the approved details.

 

Reason: In the interests of visual amenity and the amenities of surrounding occupiers in accordance with the National Planning Policy Framework (2018) and Policies Policy DM1 and DM3 of the Development Management Document (2015).

 

19  Prior to installation of any external lighting to the development, details of the lighting shall be submitted to and approved in writing by the Local Planning Authority and the lighting shall only be installed and retained in accordance with the approved details.

 

Reason: In the interest of the visual amenities and character of the area, and to protect the amenities of surrounding occupiers in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015) and the Design and Townscape Guide (2009).

 

20  The development shall be completed in strict accordance with the surface water drainage works previously submitted to and approved in writing by the local planning authority under the approval of details application reference 18/00158/AD or other details which have previously been submitted to the local planning authority and approved in writing.

 

Reason: To prevent flooding by ensuring the satisfactory storage and disposal of surface water from the site for the lifetime of the development and to prevent environmental and amenity problems arising from flooding in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Core Strategy (2007) and Policy DM2 of the Development Management Document (2015).

 

21  Demolition or construction works shall not take place outside 07:30hours to 18:00hours Mondays to Fridays and 08:00hours to 13:00hours on Saturdays nor at any time on Sundays or Bank Holidays.

 

Reason: In order to protect the amenities of occupiers of the development surrounding occupiers and to protect the character the area in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

22  The nursery development shall be completed in strict accordance with the photovoltaic cell details previously submitted to and approved in writing by the local planning authority under the approval of details application reference 18/00158/AD or other details that have previously been agreed in writing by the local planning authority. The approved scheme shall be implemented and brought into use on first occupation of the Nursery development.

 

Reason: To ensure the development maximises the use of renewable and recycled energy, water and other resources, in accordance with the National Planning Policy Framework (2018), Policy KP2 of the Core Strategy (2007) and Policy DM2 of the Development Management Document (2015).

 

23  No construction works above the level of the floor slab of the dwellings shall take place until details of the proposed Photovoltaic cells set out in the submitted Energy and Sustainability Statement by Norman Bromley Partnership have been submitted to and approved in writing by the Local Planning Authority.  The scheme as approved shall be implemented and brought into use on first occupation of the dwellings.

 

Reason: To ensure the development maximises the use of renewable and recycled energy, water and other resources, in accordance with the National Planning Policy Framework (2018), Policy KP2 of the Core Strategy (2007) and Policy DM2 of the Development Management Document (2015).

 

24  Notwithstanding the provisions of Schedule 2 Part 1 Classes A, B, C, D or F and Schedule 2 part 2 Class A of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or any order revoking, re-enacting or modifying that Order), no development extensions or alterations to the dwellings or walls or fences or other means of enclosure shall be erected at the dwellinghouses hereby approved without the receipt of express planning permission.

 

Reason: In order to protect the character and visual amenities of the development and the surrounding area and the amenities of occupiers in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Core Strategy (2007) Policies DM1 and DM3 of the Development Management Document (2015) and the Design and Townscape Guide (2009).

 

25  The development shall be completed in strict accordance with the highways work details previously submitted to and approved in writing by the local planning authority under the approval of details application reference 18/00158/AD or other details that have previously been submitted to the local planning authority and approved in writing before it is brought into first use.

 

Reason: In the interests of sustainability, accessibility, highways management, efficiency and safety in accordance with the National Planning Policy Framework (2018), Core Strategy (2007) policies KP2, KP3 and CP3 and Policies DM1and DM15 of the Development Management Document (2015).

 

26  The Nursery building  shall only be used for purposes within Class D1 of the Town and Country Planning (Use Classes) Order 1987 as amended (or any statutory modification or re-enactment or replacement thereof (as the case may be) for the time being in force).

 

Reason: In order to protect the amenities of occupiers of the development surrounding occupiers to protect the character the area in accordance and to ensure that parking provision to serve the development is sufficient, in accordance with the National Planning Policy Framework (2018), Policies KP2, CP3 and CP4 of the Core Strategy (2007) and Policies DM1, DM3 and DM15 of the Development Management Document (2015).

 

27  The rating level of noise for all activities associated with the Nursery/Community Hall (including amplified and unamplified music) should be at least 10dB(A) below the background noise (with no tonal elements) to ensure inaudibility in noise sensitive premises. If noise modelling software is used to calculate the likely levels or impact of the noise then any actual measurement taken such as LA90 must be taken in accordance with BS7445.  The assessment should be carried out by a suitably qualified and experienced acoustic consultant who would normally be a member of the Institute of Acoustics.

 

Reason: In order to protect the amenities of occupiers of the development surrounding occupiers and to protect the character the area in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

28  The Nursery/Community Hall building shall not be open for use outside the hours of 07:00 - 23:00 hours Monday to Friday, 09.00 to 23:00 Saturdays and 09.00 to 17:00 Sundays and Bank Holidays.

 

Reason: In order to protect the surrounding occupiers and to protect the character the area in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

29  Prior to first occupation of the Nursery a Travel Plan must be submitted to and approved in writing by the local planning authority. The Travel Plan must include details of:

(a)  A comprehensive survey of all users of the nursery school;

(b)  Targets set in the Plan to reduce car journeys to the nursery school;

(c)  A timetable from implementation

(d) Details of how the Travel Plan will be regularly monitored and amended, if necessary, if targets identified in the Plan are not being met over a period of 5 years from the date the new Nursery school building is occupied.

 

At the end of the first and third years of the life of the Travel Plan, reports monitoring the effectiveness of the Travel Plan and setting out any proposed changes to the Plan to overcome any identified problems must be submitted to and approved in writing by the local planning authority.  The Travel Plan must be implemented in accordance with the approved details.

 

Reason: In the interests of sustainability, accessibility, highways efficiency and safety, residential amenity and general environmental quality in accordance with the National Planning Policy Framework (2018), Policies CP3 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015).

 

30  The external intrusive noise mitigation measures for the  residences set out in the acoustic report submitted by Hepworth Acoustics dated December 2016 (including double glazing, external fabric specification and boundary treatment) shall be implemented to  ensure  that  internal  and  external  noise  levels  will  meet  the  recommended acoustic criteria based on the guidelines set out in BS 8233: 2014.

 

Reason: In order to protect the amenities of future occupiers of the dwellings in accordance with the National Planning Policy Framework (2018) and Policies DM1 and DM3 of the Development Management Document (2015).

 

31  The external intrusive noise mitigation measures for the Nursery set out in the acoustic report submitted by Hepworth Acoustics dated December 2016 shall be implanted to ensure that indoor noise levels meet the recommended acoustic criteria based on the guidelines set out in BB93.

Reason: In order to protect the amenities of future occupiers of the Nursery in accordance with the National Planning Policy Framework (2018) and Policies DM1 and DM3 of the Development Management Document (2015).

 

32  During any Construction and Demolition there shall be no burning of waste material on the site.

 

Reason: In order to protect the amenities of surrounding residents in accordance with the National Planning Policy Framework (2018) and policies KP2 and CP4 of the Core Strategy (2007).

 

33  Contaminated Land

 

1.   Site Characterisation

 

No further development shall take place until an assessment of the nature and extent of contamination has been submitted to and approved in writing by the Local Planning Authority. This assessment must be undertaken by a competent person, and shall assess any contamination on the site, whether or not it originates on the site. Moreover, it must include:

 

(i) a survey of the extent, scale and nature of contamination; 

(ii) an assessment of the potential risks to: 

 

·      human health, 

·      property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

·      adjoining land, 

·      groundwaters and surface waters, 

·      ecological systems, 

·      archaeological sites and ancient monuments; 

 

2. Submission of Remediation Scheme

 

With the exception of demolition, grubbing up of foundations and site clearance no development shall take place until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, an appraisal of remedial options, and proposal of the preferred option(s), and a timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

3. Implementation of Approved Remediation Scheme

 

The remediation scheme shall be implemented in accordance with the approved timetable of works. Within 3 months of the completion of measures identified in the approved remediation scheme, a validation report (that demonstrates the effectiveness of the remediation carried out) must be submitted to the Local Planning Authority. 

 

4. Reporting of 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 within 14 days to the Local Planning Authority and once the Local Planning Authority has identified the part of the site affected by the unexpected contamination development must be halted on that part of the site. 

 

An assessment must be undertaken in accordance with the requirements of condition 1, and where remediation is necessary a remediation scheme, together with a timetable for its implementation, must be submitted to and approved in writing by the Local Planning Authority in accordance with the requirements of condition 2. 

 

The measures in the approved remediation scheme must then be implemented in accordance with the approved timetable. Following completion of measures identified in the approved remediation scheme a validation report must be submitted to and approved in writing by the Local Planning Authority in accordance with condition 3. 

 

5. Long Term Monitoring and Maintenance

No development shall take place until a monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of 5 years, and the provision of reports on the same must both be submitted to and approved in writing by the Local Planning Authority.  Following completion of the measures identified in that scheme and when the remediation scheme is complete, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be submitted to the Local Planning Authority. 

 

Reason:  In order to protect the amenities of surrounding and future occupiers in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

34  Prior to installation final specifications and acoustic properties of any landscaping/ fencing to be provided to the playground area shall be submitted to and approved by, the Local Planning Authority, the landscaping/fencing shall be installed in accordance with the approved details and subsequently retained thereafter.

 

Reason: In order to protect the amenities of surrounding and future occupiers in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

35  Deliveries and collections to the Nursery/Community Hall shall take place between: 08:00-19:00hrs Monday to Friday; and 08:00-13:00hrs Saturday only with no deliveries on Sundays or Bank Holidays.

 

Reason: In order to protect the amenities of surrounding and future occupiers in accordance with the National Planning Policy Framework (2018), Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

 

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.  The detailed analysis is set out in a report on the application prepared by officers.

 

Informative

 

01  Community Infrastructure Levy (CIL): This application has been made pursuant to Section 73 of the Town and Country Planning Act 1990 and as such CIL Regulation 9(6) applies. You are advised that as the amount of CIL payable would not change from the previous permission ref. 16/02207/BC4M, the chargeable development is the development for which permission was granted by the previous permission as if that development was commenced.

 

02  You should be aware that in cases where damage occurs during construction works to the highway in implementing this permission that Council may 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 Borough.