Brightlingsea Town Council

13/00722/FULApproval – Full03.03.2014

Delegated Decision

NEEB Holdings Ltd – Mr Roger Raymond Brightlingsea Town Council recommend approval in spite of the shortfall in 106 contribution Residential development comprising 18 houses, garages, car ports, access road and landscaping. Former Astralux SiteRed Barn RoadBrightlingsea

 

01        The development hereby permitted shall be begun before the expiration of three years from the date of this permission.Reason – To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

 

02        The development hereby permitted shall not be carried out except in complete accordance with the details shown on drawing nos. 1148/P/101A, 1148/P/102A, 1148/P/103B, 1148/P/104A, 1148/P/105, 1148/P/106A, 1148/P/107, 1148/P/108, 1148/P/109, 1148/P/110, 1148/P/111 and 474/01.

Reason – For the avoidance of doubt and in the interests of proper planning.

 

03        Notwithstanding drawing no. 1148/P/104A, no development shall take place until precise details of the external facing and roofing materials to be used in the construction hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason – To secure an orderly and well designed development sympathetic to the character of the surrounding area.

 

04        The approved screen walls and fences shown on drawing no. 1148/P/103B shall be erected prior to first occupation of the hereby permitted development to which they relate, and thereafter be retained in the approved form.

Reason – To protect the amenities and privacy of occupiers of neighbouring properties.

 

05        No development shall take place until there has been submitted to and approved, in writing, by the Local Planning Authority a scheme of hard and soft landscaping works for the site, which shall include any proposed changes in ground levels and also accurately identify the spread, girth and species of all existing trees, shrubs and hedgerows on the site and indicate any to be retained, together with measures for their protection which shall comply with the recommendations set out in the British Standards Institute publication “BS 5837:2012 – Trees in Relation to Design, Demolition and Construction.”

Reason – To secure an orderly and well designed development sympathetic to the character of the surrounding area.

 

06        All changes in ground levels, hard landscaping, planting, seeding or turfing shown on the approved landscaping details shall be carried out during the first planting and seeding season (October – March inclusive) following the commencement of the development or in such other phased arrangement as may be agreed in writing by the Local Planning Authority.  Any trees or shrubs which, within a period of 5 years of being planted die, are removed or seriously damaged or seriously diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority agrees in writing to a variation of the previously approved details.

Reason – To ensure the proper implementation of Condition 05 above.

 

07        No site clearance, demolition or construction work shall take place on the site on Sundays or public holidays.  On all other days no site clearance, demolition or construction work shall take place on the site outside of the following times:

0700 – 1900 on Mondays to Fridays

0800 – 1300 on Saturdays

These restrictions shall apply throughout the site clearance and construction period.

Reason – In the interests of neighbouring residential amenity.

 

08        Prior to the commencement of development, a scheme for the provision and implementation of water, energy and resource efficiency measures during the construction and occupational phases of the development shall be submitted to and agreed, in writing, with the Local Planning Authority. The scheme shall include a clear timetable for the implementation of the measures in relation to the construction and occupancy of the development. The scheme shall be constructed and the measures provided be made available for use in accordance with such timetables as may be agreed.

 

Reason – To enhance the sustainability of the development through better use of water, energy and materials, in accordance with Policy SD10 of the Tendring District Local Plan Proposed Submission Draft (November 2012).

 

09        No drainage works shall commence until a surface water management strategy has been submitted to and approved in writing by the Local Planning Authority. No hardstanding areas shall be constructed until the works have been carried out in accordance with the surface water strategy as approved.

Reason – To prevent environmental and amenity problems arising from flooding.

 

10        Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until parts 1 to 4 of this condition have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until part 4 has been complied with in relation to that contamination.

1. Site Characterisation

An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings 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, archeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

2. Submission of Remediation Scheme

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 must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, 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 approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of 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 immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 2, 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 in accordance with part 3.

5. Long Term Monitoring and Maintenance

Long term monitoring and maintenance may be considered necessary due to the nature of the former use subject to the findings in conditions 1-4 above.

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.

 

11        Prior to occupation of the proposed development, the Developer shall be responsible for the provision and implementation of a Residential Travel Information Pack for sustainable transport, approved by the Local Planning Authority, in consultation with Essex County Council, to include six one day travel vouchers for use with the relevant local public transport operator.

Reason – In the interests of reducing the need to travel by car and promoting sustainable development and transport.

 

12        The hereby permitted development shall not be occupied until a fibre optic broadband connection installed on an open access basis and directly accessed from the nearest British Telecom exchange, incorporating the use of resistant tubing, has been installed at the site, in accordance with details that shall be submitted and approved, in writing, by the Local Planning Authority.

 

If the applicant is unable to achieve this standard of connection, and can provide evidence through consultation with British Telecom, that this would not be possible, practical or economically viable an alternative superfast (i.e. will provide speeds greater than 24mbps) wireless service will be considered acceptable.

 

Reason – To ensure the development is able to be equipped with high speed broadband, in accordance with Policy PRO2 of the Tendring District Local Plan Proposed Submission Draft (2012).

 

13        Prior to occupation of the development, the estate road, at its bellmouth junction with Red Barn Road, shall be provided in precise accordance with the construction details shown in Drawing Numbered 1148/P/102A. The new road junction shall be constructed at least to binder course prior to the commencement of any other development including the delivery of materials.

 

Reason – To ensure that all vehicular traffic using the junction may do so in a controlled manner and to provide adequate segregated pedestrian access, in the interests of highway safety.

 

14        Prior to occupation of the development, all the vehicular accesses shall be provided in precise accordance with the details shown in Drawing Numbered 1148/P/102A, constructed at right angles to the highway boundary and shall be provided with an appropriate dropped kerb vehicular crossing of the footway/highway verge (to the specifications of the Highway Authority)

.

Reason – To ensure that vehicles using the site access do so in a controlled manner, in the interests of highway safety.

 

15        No unbound materials shall be used in the surface treatment of any of the vehicular accesses within 6m of the highway boundary.

 

Reason – To ensure that loose materials are not brought out onto the highway, in the interests of highway safety.

 

16        The vehicular turning facility for service and delivery vehicles shown as a size 3 turning head on drawing no. 1148/P/102A shall be provided within the site and shall be maintained free from obstruction at all times for that sole purpose.

 

Reason – To ensure that vehicles using the site access may enter and leave the highway in a forward gear, in the interests of highway safety.

 

17        Prior to the commencement of development, details of the estate roads and footways (including layout, levels, gradients, surfacing and means of surface water drainage) shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason – To ensure that roads and footways are constructed to an acceptable standard, in the interests of highway safety.

 

18        The carriageway of the estate road shall be constructed up to and including at least road base level, prior to the commencement of the erection of any dwelling intended to take access from that road(s). The carriageways and footways shall be constructed up to and including base course surfacing to ensure that each dwelling, prior to occupation has a properly consolidated and surfaced carriageway and footway between the dwelling and the existing highway. Until final surfacing is completed, the footway base course shall be provided in a manner to avoid any up-stands to gullies, covers, kerbs or other such obstructions within or bordering the footway. The carriageways, footways and paths in front of each dwelling shall be completed with the final surfacing within twelve months from the first occupation of such dwelling.

 

Reason – To ensure that roads and footways are constructed to an acceptable standard, in the interests of highway safety.

 

19        The development shall not be occupied until such time as the car parking facilities have been constructed in precise accordance with the details indicated on Drawing Numbered 1148/P/102A. The car parking area shall be retained in this form at all times and shall not be used for any purpose other than the parking of vehicles related to the use of the development.

 

Reason – To ensure that on-street parking of vehicles in the adjoining streets does not occur, in the interests of highway safety.

 

20        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 adhered to throughout the construction period. The Statement shall provide for:

 

i. the parking of vehicles of site operatives and visitors

ii. loading and unloading of plant and materials

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

iv. wheel washing facilities

 

Reason – To ensure that on-street parking of these vehicles in the adjoining streets does not occur, in the interests of highway safety.

 

21        Prior to the first occupation of the development the developer shall provide a new 2m wide kerbed footway across the entire sites frontage except for the new access road. The new footway shall connect to the existing footway at both ends of the sites boundary and shall be constructed to the specifications of the Highway Authority and shall be provided entirely at the Applicant/Developer’s expense.

 

Reason – To make adequate provision for the additional pedestrian traffic generated within the highway as a result of the proposed development.

 

22        Prior to the first occupation of the development, the developer shall provide bus stop improvements consisting of level entry kerbing, new post and flags, any necessary adjustments in levels to the existing footway or carriageway channel and any accommodation works necessary at the bus stop near to the western site boundary and at the bus stop in the vicinity of the Seaview Road junction with Red Barn Road, to the specifications of the Highway Authority and being provided entirely at the Applicant/Developer’s expense.

 

Reason – To make adequate provision for the additional passenger transport traffic generated within the highway as a result of the proposed development.

 

23        The hereby approved rooflights on the rear elevation of plots 8-12 shall be installed with the bottom rail of the rooflight no lower than 1.7 metres above finished floor level.

 

Reason – In the interests of the amenities of the occupants of neighbouring properties.

 

13/01478/FULApproval – Full03.03.2014

Delegated Decision

The Colne Community School – Ms Paula Mendham Brightlingsea Town Council recommended approval Erection of two storey teaching block including children’s day nursery for staff use only (following demolition of existing demountable classroom). The Colne Community SchoolChurch RoadBrightlingsea

 

01        The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 

Reason – To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

 

02        The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans drawing numbers 13/138/SD1, 13/138/SD2, 13/138/SD3 rev A, 13/138/SD4 rev A and 13/138/SD5 received on 12th February 2014.

 

Reason – For the avoidance of doubt and in the interests of proper planning.

 

03        The maximum number of children hereby permitted to attend the day nursery shall not exceed 16 children on any day.

Reason – To minimise noise nuisance and disturbance to nearby properties fronting Maltings Road from activities within the nursery and rear garden.

 

04        The hereby permitted nursery shall only operate between the hours of 07.30 and 18.00 Monday to Friday and at no other times or at weekends.

Reason – To minimise noise nuisance and disturbance to nearby properties fronting Maltings Road from activities within the nursery and rear garden.

 

05        The hereby permitted nursery shall only be used for children or dependents of employees of the school and college as described within the application.

 

Reason – The site contains insufficient off street parking and drop-off facilities to serve a nursery which would be open to the general public. The condition is therefore necessary to prevent on street parking or congestion in the vicinity of the site in the interests of highway safety.

 

06        No development shall be commenced until a sample of the roofing material to be used in construction has been submitted to and agreed, in writing, by the Local Planning Authority.  Such materials as may be agreed shall be those used in the development.

 

Reason – Insufficient details have been provided with the application, in the interests of visual and residential amenity for dwellings fronting Maltings Road to prevent an overly reflective roof covering.

 

07        Prior to the first use of the hereby approved development the parking spaces for use by the future employees at the nursery shall be allocated and identified by additional signage which shall have been previously agreed in writing by the Local Planning Authority, and shall be retained as approved thereafter.

 

Reason – To ensure that on-street parking of vehicles in the adjoining streets does not occur, in the interests of highway safety.

 

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

i. the parking of vehicles of site operatives and visitors

ii. loading and unloading of plant and materials

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

iv. wheel and underbody washing facilities

 

Reason – To ensure that on-street parking of these vehicles in the adjoining streets does not occur, in the interests of highway safety.

 

14/00161/TCAApproval – Full 

Delegated Decision

Mr Gaeme Moxom Brightlingsea Town Council recommended approval, an improvement Reduce a mixed hedge from overhanging Lime Street including young Sycamore, Hawthorn, Blackthorn, and Poplar sapling to a height of 2.5 metres rising to 4.5 metres at south end of garden.  3 No. Field Maple to be left as stand trees.  1 No. Fig – reduce by 50% Jacobs Hall50 – 52 High StreetBrightlingsea

 

 

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