Proposal: Erect a 4 storey building with basement level for use as an educational building and associated uses, comprising of additional space for the Focal Point Gallery, teaching kitchen, performing arts and music practice facilities, workspace incubator hub, associated offices and storage within (Use Class D1), public cafe/restaurant (Use Class A3), alter existing service head arrangements and layout landscaping.

Applicant: Mr Mark Murphy

Agent: Mr Joerg Poeschus of ADP

 

Councillors Jones, Mulroney and Thompson withdrew for this item.

 

Resolved:-

 

That PLANNING PERMISSION be GRANTED subject to the following conditions:

 

01        The development hereby permitted shall be begun not later than 3 years beginning with the date of this permission.

 

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: 

Location Plan and Block Plan ADP-XX-00-DR-A-0900 Revision S2P2

Site Plan ADP-00-00-DR-A-0910 Revision S2 P3

Proposed Basement ADP-00-B1-DR-A-1000 Revision S2P3

Proposed Ground Floor ADP-00-00-DR-A-1001 Revision S2P3

Proposed First Floor ADP-XX-01-DR-A-1002 Revision S2P3 

Proposed Second Floor ADP-XX-02-DR-A-1003 Revision S2P3

Proposed Third Floor ADP-00-03-DR-A-1004 Revision S2P3

Proposed Roof Level ADP-00-R1-DR-A-1005 Revision S2P4

Proposed East and North Elevations ADP-XX-ZZ-DR-A-1208 Revision S2P3

Proposed South Elevation ADP-XX-ZZ-DR-A-1211 Revision S2P2

Proposed North Elevation ADP-XX-ZZ-DR-A-1213 Revision S2P2

Proposed West and South Elevation ADP-XX-ZZ-DR-A-1207 Revision S2P3

Proposed Section ADP-XX-ZZ-DR-A-1230 Revision S2P2

Site Sections ADP-XX-ZZ-DR-A-1303 Revision S2P2

Site Section E ADP-XX-ZZ-DR-A-1304

Site Sections Existing and Proposed ADP-XX-ZZ-DR-A-1302 Revision S2P2

West Elevation Portion ADP-00-XX-DR-A-1215 S2P2

East Elevation ADP-XX-ZZ-DR-A-1212 Revision S2P2

West Elevation ADP-XX-ZZ-DR-A-1210 Revision S2P2

 

Reason: To ensure the development is carried out in accordance with the development plan.

 

03        Notwithstanding the information submitted with the application, no development above ground floor slab level shall take place until samples of the materials to be used on all the external elevations of the development hereby approved have been submitted to and approved in writing by the local planning authority. The development shall only be carried out and completed in accordance with the approved details before it is brought into use.

 

Reason: To safeguard the character and appearance of the surrounding area in accordance with policies DM1 and DM3 of the Development Management Document (2015) and Policies KP2 and CP4 of the Core Strategy (2007).

 

04        Notwithstanding the details shown on the plans submitted and otherwise approved, no development above ground floor slab level shall take place until full details of both hard and soft landscape works and any boundary treatments to be carried out at the site have been submitted to and approved in writing by the local planning authority. The approved hard landscaping works and boundary treatments shall be carried out prior to first use of the development hereby approved and the soft landscaping works within the first planting season following first use of the development. These details shall include: 

                       

i.          proposed finished levels or contours; 

ii.          hard surfacing materials and means of enclosing the site;  

iii.         details of the number, size and location of the trees, shrubs and plants to be planted together with a planting specification, details of the management of the site ,e.g.                                                                                                                                       the uncompacting of the site prior to planting, the staking of trees and removal of the stakes once the trees are established, and details of measures to enhance biodiversity within the site.

 

Reason: In the interests of visual amenity and to ensure a satisfactory standard of landscaping pursuant to Policies KP2 and CP4 of the Core Strategy, Policies DM1 and DM3 of the Development Management Document (2015)

 

05        Notwithstanding the details shown on the plans submitted and otherwise approved prior to the first use of the development hereby approved, details shall be submitted to and approved in writing by the local planning authority identifying the location and number of secure, cycle spaces to be provided to serve the development.  The approved cycle parking shall be provided in full and made available for use by students and staff.

 

Reason:  To ensure the provision of adequate cycle storage and parking in accordance with policies DM3 and DM15 of Development Management Document (2015).

 

06        Notwithstanding the details shown on the plans submitted and otherwise approved, prior to the first occupation of the development hereby approved a Servicing and Delivery Strategy shall be submitted to and agreed in writing by the local planning authority. The submitted strategy shall include hours of delivery, monitoring and review arrangements for the service of and deliveries to the development. Servicing and deliveries shall take place in accordance with the strategy prior to the first use of the development hereby approved and retained as such in perpetuity.

 

Reason:  To ensure that the development is satisfactorily serviced and is undertaken in the interests of highway safety and visual amenity and to protect the character of the surrounding area, in accordance with Policies KP2 and CP3 of the Core Strategy (2007) and Policy DM3 and DM15 of the Development Management Document (2015) and Design and Townscape Guide (2009).

 

07        Notwithstanding the details shown on the plans and the submitted Energy Strategy report, a scheme detailing how at least 10% of the total energy needs of the development will be supplied using on site renewable sources must be submitted to and agreed in writing by the Local Planning Authority and implemented in full prior to the first use of any part of the development. This provision shall be made for the lifetime of the development. The renewable technology measures shall be installed prior to the first occupation of the building.

 

Reason: In the interests of providing sustainable development in accordance with Policy KP2 of the Core Strategy (2007), Policy DM2 of the Development Management Document (2015), and the Design and Townscape Guide (2009).

 

08        The development hereby approved shall be undertaken and completed in accordance with the mitigation, recommendations and enhancement measures contained within Section 4, page 8 of the South Essex College-The Forum Phase II Ecological Appraisal prepared by LUC dated October 2018, within the first planting season prior to the occupation of the building.

 

Reason: To ensure the development provides biodiversity and ecology benefits in accordance with the National Planning Policy Framework (2019), and Core Strategy (2007) Policies KP1, KP2 and CP4.

09        The development hereby approved shall be undertaken in accordance with the recommendations contained within the Geotechnical and Geoenvironmental Interpretive Report Revision 1 (Phase 1 and Phase 2), Desk Study Report, and Geotechnical and geo-environmental interpretive report carried out by Card Geotechnics dated January 2012 previously submitted to and approved in writing by the Local Planning Authority under the approval of details application reference 11/01705/AD.

 

1.         If, during the course of development, any contamination is found which has not been identified in the site investigation, development shall stop and additional measures for the remediation of this source of contamination shall be submitted to and approved in writing by the local planning authority.

2.         The remediation of the site shall incorporate the approved additional measures and these shall be fully implemented before the site is occupied.

 

Reason: To ensure that any contamination on the site is identified and treated so that it does not harm anyone who uses the site in the future, and to ensure that the development does not cause pollution to Controlled Waters in accordance with Core Strategy (2007) Policies KP2 and CP4 and Policies DM1 and DM14 of the Development Management Document (2015).

 

10        The parts of the development hereby approved for purposes falling within Class D1, shall be limited to education use for South Essex College, performing arts and music practice and an art gallery and shall not be used for any other purpose, including any other use falling within use Class D1 of the Town and Country Planning (Use Classes) Order 1987 (as amended) nor any change of use permitted under the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting these Orders, with or without modification.

 

Reason: To safeguard the impact on residential amenity and highway safety in accordance with policies KP2 and CP4 of the Core Strategy (2007), policies DM1, DM3 and DM15 of the Development Management Document (2015) and advice contained within the Design and Townscape Guide (2009).

 

11        Notwithstanding the information submitted with the application, the development hereby approved shall not be brought into first use unless and until a Travel Plan linking with that which exists for South Essex College and Forum 1 and including a comprehensive survey of users, targets to reduce car journeys to and from the site, identifying sustainable transport modes including cycling and modes of public transport and measures to reduce car usage has been submitted to and agreed in writing by the local planning authority. The approved Travel Plan shall be fully implemented prior to first use of the development hereby approved and be maintained thereafter in perpetuity and shall be reviewed after 12 months of the development being occupied. For the first three years at the end of each calendar year a document setting out the monitoring of the effectiveness of the Travel Plan and setting out any proposed changes to the Plan to overcome any identified issues and timescales for doing so must be submitted to and approved in writing by the local planning authority. The agreed adjustments shall be implemented in accordance with the agreed conclusions and recommendations.

 

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 (2019), Core Strategy (2007) Policies KP2, CP3 and CP4, Development Management Document (2015) Policy DM15, and Design and Townscape Guide (2009).

 

12        The noise mitigation measures outlined in the Planning Noise Control Strategy Revision 00 dated 29 March 2019 including sound insulation, ventilation and control of noise from building services and plant shall be implemented in their entirety prior to occupation of the development hereby approved and shall be maintained in perpetuity thereafter.

 

Reason: To protect the amenities of the occupiers from undue noise and disturbance in order to protect their amenities in accordance with Core Strategy (2007) policies KP2 and CP4, Policies DM1, DM3 and DM8 of the Development Management Document (2015) and Design and Townscape Guide (2009).

 

13        Notwithstanding the details of opening hours for building submitted for consideration, an ‘hours of operation’ management plan shall be submitted to and agreed in writing by the local planning authority prior to the first occupation of the building. The development shall be occupied in perpetuity only in accordance with the approved details.

 

Reason:  To  protect  residential  amenity  and  general  environmental quality in accordance with the National Planning Policy Framework, Core  Strategy (2007)  Policies KP2  and  CP4,  and  Policies DM1 and DM3 of the Development Management Document (2015).

 

14        Prior to first occupation of the development a Waste Management Plan for the development shall be submitted to and approved in writing by the Local Planning Authority. The plan shall detail how the development will provide for the storage and collection of general refuse and re-useable and recyclable waste and what strategies will be in place to reduce the amount of general refuse over time. Waste management at the site shall be carried out in accordance with the approved strategy from first occupation and be retained in perpetuity.

 

Reason:  To ensure that satisfactory waste management is undertaken in the interests of highway safety, visual and general amenity and to protect the character of the surrounding area, in accordance with Policies KP2 and CP3 of the Core Strategy (2007) and Policy DM15 of the Development Management Document (2015) and Design and Townscape Guide (2009).

 

15        No drainage infrastructure, including earthworks, associated with this development shall be undertaken until details of the design implementation maintenance and management of a scheme for surface water drainage works (incorporating Sustainable Urban Drainage (SuDs) Principles) have been submitted to and approved by the local planning authority. The approved scheme shall be implemented,  in accordance with the approved details before the development is occupied or brought into use and be maintained as such thereafter in perpetuity. Those details shall include:

 

 

i)               Drainage plans and drawings showing the proposed locations and dimensions of all aspects of the proposed surface water management scheme.  The submitted plans should demonstrate 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; 

ii)              a timetable for its implementation; and

iii)               a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage scheme throughout its lifetime.

 

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 Policies KP2 and CP4 of the Core Strategy (2007) and Policy DM2 of the Development Management Document (2015).

 

 

16        No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be fully adhered to throughout the construction period. The Statement shall provide, amongst other things, for:

 

i)  the parking of vehicles of site operatives and visitors and access routes

ii)  loading and unloading of plant and materials

iii)  storage of plant and materials used in constructing the development

iv)  the erection and maintenance of security hoarding 

v)  measures to control the emission of dust and dirt during construction

vi)  a scheme for recycling/disposing of waste resulting from construction works that does not allow for the burning of waste on site

vii) measures to minimise noise disturbance impacts.

 

Reason: A pre-commencement condition is needed in the interests highway safety, visual amenity and the amenities of neighbouring occupiers pursuant to Policy CP4 of the Core Strategy (2007) and Policies DM1, DM3 and DM15 of the Development Management Document (2015).

 

17        Notwithstanding the details shown in the plans submitted and otherwise hereby approved the development hereby granted consent shall not be occupied or brought into use unless and until plans and other appropriate details are submitted to the Local Planning Authority and approved in writing which specify the details, materials, specification and location of all obscure window film to be implemented as part of the development. The development hereby permitted shall be implemented and completed in full accordance with the details approved under this condition before it is first occupied or brought into use and shall be permanently retained as such thereafter.

 

Reason: To protect the amenities of nearby residential occupiers in terms of overlooking and loss of privacy.  This is as set out in the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) policies DM1 and DM3, and advice contained within the Design and Townscape Guide (2009).

 

18        No extraction and ventilation equipment for the proposed development shall be installed until and unless full details of its location, design and technical specifications and a report detailing any mitigation measures proposed in respect of noise and odour impacts has been submitted to, and approved in writing by, the Local Planning Authority. The installation of extraction equipment shall be carried out in full accordance with the approved details and specifications and any noise and odour mitigation measures undertaken in association with the agreed details before the extraction and ventilation equipment is brought into use. With reference to British Standards BS4142 the noise rating level arising from all plant and extraction/ventilation equipment shall be at least 5dbB(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.

 

Reason: To protect the amenities of nearby residential occupiers from undue noise and disturbance in order to protect their amenities in accordance with Core Strategy (2007) policies KP2 and CP4, Policies DM1, DM3 and DM8 of the Development Management Document (2015) and advice contained within the Design and Townscape Guide (2009).

 

19        Notwithstanding the details submitted and otherwise hereby approved external lighting shall only be installed at the site in accordance with details including the design of the lighting and the hours of illumination that have previously been submitted to and approved in writing by the local planning authority.

 

Reason: To protect the amenities of surrounding residential occupiers in accordance with policies  KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015) and advice contained within the Design and Townscape Guide (2009).

 

20        Hours of works associated with this permission shall be limited to 8am - 6pm Monday to Friday, 8am - 1pm Saturday. No works shall be carried out on Sundays or Bank Holidays.

 

Reason: In the interests of the residential amenity of the adjoining residents and to ensure that the development complies with the National Planning Policy Framework (2019), Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) policies DM1 and DM3 and The Design and Townscape Guide (2009). 

 

21        Delivery times for the development hereby approved shall not take place outside 08:00 hours to 21:00 hours Mondays to Saturday and 08:00hours to 20:00 hours on Sundays.

 

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

 

22        Notwithstanding the details shown on the documents submitted and otherwise hereby approved, with reference to British Standard 7445:2003, the noise rating level arising from activities associated with the use hereby approved (including amplified music and human voices) shall be at least 10dB(A) below the background noise level as measured at 3.5m from the ground floor facades and 1m from all other facades of the neighbouring noise sensitive premises.

 

            Reason: To protect the amenities of nearby residential occupiers from undue noise and disturbance in accordance with Core Strategy (2007) policies KP2 and CP4, Policies DM1, DM3 and DM8 of the Development Management Document (2015) and advice contained within the Design and Townscape Guide (2009).

 

23        Prior to first occupation of the development hereby approved details of how the development will minimise the use of water and maximise the use of recycled water through efficient design measures for example: rainwater harvesting; greywater use; water efficient plumbing and wastewater reuse, shall be submitted to and approved by the Local Planning Authority and the development shall be carried out in accordance with the approved details prior to first use and thereafter maintained and operated in accordance with the approved details in perpetuity. 

 

            Reason: To minimise the environmental impact of the development through efficient use of water in accordance with National Policy, Core Strategy (2007) policies KP2 and CP4, and Policies DM1 and DM2 of the Development Management Document (2015)

 

24        The development authorised by this permission shall not begin unless and until the local planning authority has approved in writing a full scheme of off site tree planting.

 

This scheme shall include: 

 

i)               details of the number, size and location of the trees to be planted together with  a planting specification and details of the management of the site; eg; the uncompacting of the site prior to planting, the staking of trees and removal of the stakes once the trees are established.

 

The occupation of the development shall not begin until those works have been

completed in accordance with the local planning authority's approval

 

Reason: In the interests of visual amenity and to ensure a satisfactory standard of landscaping pursuant to Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015).

 

 

Informatives

 

01        Community Infrastructure Levy Liability Notice: You are advised that in this instance the chargeable amount for the Community Infrastructure Levy (CIL) has been calculated as zero under the CIL Regulations 2010 (as amended) due to the specific nature of the use. However, should the nature of the use change then you are advised to contact the Planning and Building Control Group to discuss the requirement for planning permission and CIL liability.

 

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.

 

03        The architect or applicant is reminded that additional water supplies for firefighting may be necessary for this development. The architect or applicant is urged to contact the Water Technical officer at Service Headquarters.

 

04        Essex County Fire and Rescue Service urges building owners and developers to consider the installation of Automatic Water Suppression Systems which can substantially reduce the risk to life and of property loss.

 

05        Anglian Water- The sewerage system at present has available capacity for these flows. If the developer wishes to connect to our sewerage network they should serve notice under Section 106 of the Water Industry Act 1991. We will then advise them of the most suitable point of connection. (1) Informative - Notification of intention to connect to the public sewer under S106 of the Water Industry Act Approval and consent will be required by Anglian Water, under the Water Industry Act 1991. Contact Development Services Team 0345 606 6087. (2) Informative  - Notification of intention to connect to the public sewer under S106 of the Water Industry Act Approval and consent will be required by Anglian Water, under the Water Industry Act 1991. Contact Development Services Team 0345 606 6087. (3) Informative - Protection of existing assets - A public sewer is shown on record plans within the land identified for the proposed development. It appears that development proposals will affect existing public sewers. It is recommended that the applicant contacts Anglian Water Development Services Team for further advice on this matter. Building over existing public sewers will not be permitted (without agreement) from Anglian Water. (4) Informative - Building near to a public sewer - No building will be permitted within the statutory easement width of 3 metres from the pipeline without agreement from Anglian Water. Please contact Development Services Team on 0345 606 6087. (5) Informative: The developer should note that the site drainage details submitted have not been approved for the purposes of adoption. If the developer wishes to have the sewers included in a sewer adoption agreement with Anglian Water (under Sections 104 of the Water Industry Act 1991), they should contact our Development Services Team on 0345 606 6087 at the earliest opportunity. Sewers intended for adoption should be designed and constructed in accordance with Sewers for Adoption guide for developers, as supplemented by Anglian Water’s requirements.

 

06        You may need to get separate permission under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (as amended) if you want to put up an advertisement at the property.