Planning Decisions issued by Tendring District Council:

20/01471/FUL

Approval – Full

13.01.2021

Delegated Decision

Mr Stephen Beaty

Brightlingsea Town Council objected to this application and made the following comments  – Contradicts the current policy for Lime Street, also back land development.

Replace partially demolished garage with annexe

13 Tower Street

Brightlingsea

Colchester

Essex

CO7 0AL

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 be carried out in accordance with the following approved plans: PROPOSED ELEVATIONS (received 16 Oct 20), PROPOSED FLOOR PLAND (received 05 Nov 2020) and BLOCK PLAN (received 18 Nov 2020).

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

20/01695/FUL

Approval – Full

14.01.2021

Delegated Decision

Mr David Stannard

Brightlingsea Town Council supported this application.

Single storey rear extension of barber shop to form additional retail space and replacement of the existing external stairs and access to the top floor apartment with new external staircase and rails and reconfigured access

6 Victoria Place

Brightlingsea

Colchester

Essex

CO7 0BX

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 be carried out in accordance with the following approved plan: P01B

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

03 Prior to the commencement of development the applicant shall supply details of the railing and a translucent privacy screen between upper floor flat at No. 4 and the neighbouring flat for approval in writing by the planning authority.  The screen and rails shall be maintained in accordance with the approved plans and shall be permanently maintained as such unless otherwise approved in writing by the planning authority.

Reason – In the interests of visual amenity and to preserve the residential amenity of the neighbouring properties.

20/01494/FUL

Approval – Full

21.01.2021

Delegated Decision

Durmius Aslan

Brightlingsea Town Council supported this application.

Variation of condition 2 of planning 17/00875/FUL for installation of 2 no. canopies at shop frontage and improved access and disability ramp at frontage

22A – 22B Victoria Place

Brightlingsea

Colchester

Essex

CO7 0BX

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 be carried out in accordance with the following approved plans: dwg 0/A100/CN/004 C, A/A200/PR/006 H, A/A200/PR/007 F, A/A200/PR/013 C.

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

03 The proposed canoty/awning shall afford a minimum headroom of 2.2 metres above the cycleway/footway/verge.  The canopy/awning can only be opened during opening times of the business.

Reason – To ensure the unimpeded passage of pedestrians and cyclists, in the interests of highway safety and in accordance with Policy DM1.

04 Prior to the commencement of development details of the canopies and colour/material samples of the window/door frames to the front elevation shall be submitted to the local planning authority for approval in writing.

Reason – To ensure that the proposal maintains the character and appearance of the conservation area.

20/01604/FUL

Approval – Full

22.01.2021

Delegated Decision

Mr and Mrs M Jay

Brightlingsea Town Council objected to this application, and made the following comments:- The stainless steel flue which has been erected is totally unsuitable for a Conservation Area.  Brightlingsea Town Council request that it is replaced with a brick built chimney, as per the original application.

Proposed retention of stainless steel flue

28 Queen Street

Brightlingsea

Colchester

Essex

CO7 0PH

01 No conditions.

20/01723/DETAIL

Approval – Reserved Matters/Detailed

08.02.2021

Delegated Decision

Craig Giles

Brightlingsea Town Council objected to this application:- (1) The proposal is out of keeping and does not match any similar properties in the area; (2) The design looks like a shed/hut; (3) Members feel that a better proposal could come forward to raise the standard of the design.

Reserved matters application for the erection of a detached single storey bungalow with two parking spaces, following approval of outline application 19/01654/OUT

Land to the rear 64 Red Barn Road

Brightlingsea

Essex

CO7 0SJ

01 The development hereby permitted shall be carried out in accordance with the following approved plans:

Drawing No. 2096:003 Revision C

Drawing No. 2096:002 Revision A

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

02 Prior to occupation of the development a 1.5 metre x 1.5 metre pedestrian visibility splay, as measured from and along the highway boundary, shall be provided on both sides of the vehicular access.  Such visibility splays shall be retained free of any obstruction in perpetuity.  These visibility splays must not form part of the vehicular surface of the access.

Reason – To provide adequate inter-visibility between the users of the access and pedestrians in the adjoining public highway in the interest of highway safety.

03 Prior to the occupation of the development the internal layout shall be provided in principal with drawing number;

Drawing: 2096:002a  Block plan

Drawing: 2096:003c  lock plan, floor plan, roof plan and elevations

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

04 The dwelling shall not be occupied until such time as a car parking has been provided in principal with drawing 2096:002a.  These facilities shall be retained in this form at all times and shall not be used for any purpose other than parking and/or turning of vehicles related to the use of the development thereafter.

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

05 No above ground works 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 all boundary treatments and any proposed changes in ground levels and also accurately identify 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 soften and enhance the development in the interests of visual amenity.

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 implementation and maintenance of the approved scheme in the interests of visual amenity.

07 All new hardstanding and parking areas shall be made of porous materials, or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the site.

Reason – In the interests of sustainable development and to ensure that run-off water is avoided to minimise the risk of surface water flooding.

08 Notwithstanding the provisions of Article 3, schedule 2 Part 1 Classes A, B, C, D and E of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification), there shall be no additions or alterations to the dwellings or their roofs, nor shall any buildings, enclosures, swimming or other pool be erected within their curtilage except in accordance with drawings showing the design and siting of such additions and/or building(s) which shall previously have been submitted to and approved, in writing, by the Local Planning Authority.

Reason – It is necessary for the Local Planning Authority to be able to consider and control further development in the interests of visual amenity and neighbouring amenities.

09 Notwithstanding the provisions of Article 3, Schedule 2 Part 2 Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification), other than those shown on the approved drawings, no provision of fences, walls or other enclosures shall be erected along the northern, eastern or southern boundaries of the site or forward of the front elevation of the dwellings hereby approved except in accordance with details that shall previously be approved in writing by the Local Planning Authority.

Reason – In the interests of visual amenity and landscape impact,

10 The contents of the Construction Method Statement, as discharged under 20/01477/DISCON, shall be adhered to throughout the construction period.

Reason – To ensure that on-street parking of construction vehicles in the adjoining streets does not occur, to ensure that loose materials and spoil are not brought out onto the highway in the interests of highway safety and to ensure working conditions are sympathetic to residential amenities.

Planning Decisions issued by Essex County Council:

CC/TEN/114/20

This application has been granted

The Colne Community School

Brightlingsea Town Council supported this application.

Demolition of the existing caretakers house and modular store.  The erection of a two-storey standalone building comprising 12 classrooms and associated ancillary accommodation to accommodate an additional 300 pupils.  The construction of an external corridor to the existing school, entrance canopy and associated refurbishment works to create a 1500 place secondary school with a sixth form.

Church Road

Brightlingsea

CO7 0QL

1. The development hereby permitted shall be begun before the expiry of 3 years from the date of this permission. Written notification of the date of commencement shall be sent to the County Planning Authority within 7 days of such commencement.

Reason: To comply with section 91 of the Town and Country Planning Act 1990 [as amended].

2. The development hereby permitted shall be carried out in accordance with the detailed submitted by way of application reference CC/TEN/114/20 dated 25 September 2020 and validated on 1 October 2020 together with Drawing Numbers:

• 1466795 PEV-XX-XX-DR-C-0700 PO3 – Pavement Construction Strategy – 18.9.20

• 1466795 PEV-XX-00-DR-L-0201 PO4 – Soft Landscape Proposals – 17.9.20

• 1466795 PEV-XX-XX-DR-C-0900 PO2 – Construction Details Sheet 1 – 26.8.20

• 146795 PEV B1-XX-DR-E-0900 PO2 – Proposed External Lighting Layout – 21.8.20

• 1466795 PEV-XX-XX-DR-C-0230 PO2 – Pedestrian Crossing General Arrangement – 26.8.20

• 1466795-PEV-XX-XX-DR-C-0100 PO2 – Existing Drainage -26.8.20

• 1466795-PEV-XX-XX-DR-C-0200 PO2 – General Arrangement – 26.8.20

• 1466795 PEV-XX-XX-DR-X-0220 PO2 – Internal Changes General Arrangement – 26.8.20

• 1466795 PEV-XX-XX-DR-C-0501 PO2 – Foul Water Drainage Strategy – 26.8.20

• 1466795 PEV-XX-XX-DR-C-0500 PO2 – Surface Water Drainage Strategy – 26.8.20

• 1466795 PEV-XX-XX-DR-C-0503 PO2 – Surface Water Drainage Overland Flow Routes – 26.8.20

• 1466795 PEV-XX-XX-DR-C-0502 PO2 – Foul and Surface Water Drainage Overlay – 26.8.20

• 1466795 PEV-XX-XX-DR-C-0600 PO2 – Contours and Levels – 26.8.20

• 1466795PEV XX-XX-DR-C-0620 PO3 – Internal Changes Contours and Levels – 26.8.20

• 1466795 PEV-XX-XX-DR-C-0700 PO2 – Pavement Construction Strategy – 26.8.20

• 1466795 PEV-XX-XX-DR-C-0520 PO2 -Internal Changes Foul Water Drainage – 26.8.20

• 1466795 PEV-XX-XX-DR-C-0504 PO2 – Surface Water Drainage Contribution Areas – 26.8.20

• 146795 PEV-00-ZZ-DR-A-9000 PO1 – Site Location Plan – 26.8.20

• 146795 PEV-00-ZZ-DR-A-9100 PO1 – Existing Site Plan – 26.8.20

• 146795 PEV-00-ZZ-DR-A-9200 PO1 – Proposed Site Plan – 26.8.20

• 146795 PEV-B1-02-DR-A-9270 PO1 – Plan GA 02 (Roof) General Arrangement Plan Roof – 26.8.20

• 146795 PEV-B1-00-DR-A-9250 PO1 – Plan GA 001 (Ground) General Arrangement Plan Ground Floor – 26.8.20

• 146795 PEV-B1-01-DR-A-9260 PO1 – Plan GA 01 (First) General Arrangement Plan First Floor – 26.8.20

• 146795 PEV-00-ZZ-DR-A-9102 PO2 – Proposed Site Plan New Build Location Plan – 18.9.20

• 146795 PEV-B2-00-DR-A-9253 PO1 – Proposed Remodelling Ground Floor Area 3 New Corridor General Arrangement Plan – 22.9.20

• 146795 PEV-B1-ZZ-DR-A-9400 PO1 – Proposed Sections – 26.8.20

• 146795 PEV-B1-ZZ-DR-A-9300 PO1 – Proposed Elevations – 26.8.20

• 146795 PEV-B2-00-DR-A-9240 PO1 – Existing Plan Ground Floor – 18.9.20

• 146795 PEV-B2-ZZ-DR-A-9300 PO1 – Proposed Remodelling Demolition of Existing Caretakers House & Store Existing Elevations & Demolition Plan – 18.9.20

• 146795 PEV-B2-XX-DR-A-9330 PO1 – Proposed Remodelling Area 3 Existing Elevations – 18.9.20

• 146795 PEV-B2-ZZ-DR-A-9310 PO1 – Proposed Remodelling Area 1 Kitchen and Dining Room Proposed Elevations – 18.9.20

• 146795 PEV-B2-00-DR-A-9333 PO1 – Proposed Remodelling Area 3 Enclosed Walkway Proposed Elevations – 18.9.20

• 146795 PEV-B1-XX-DR-A-9410 PO2 – Site Sections Existing & Proposed – 18.8.20

• 146795 PEV-00-ZZ-DR-A-9200 PO2 – Proposed Site Plan – 18.9.20

• 146795 PEV-B1-00-DR-A-9251 PO1 – Proposed Remodelling Ground Floor Area 1 Kitchen and Dining Room General Arrangement Plan – 22.9.20

• 146795 PEV-B2-ZZ-DR-A-9300 PO1 – Proposed Remodelling Demolition of Existing Caretakers House, Store and Demountable Existing Elevations and Demolition Plan – 18.9.20 And

• Archaeological Desk-based Assessment prepared by Compass Archaeology dated April 2020

• Design & Access Statement (Ref: 146795-PEV-XX-XX-RP-A-0010 02) prepared by Pick Everard dated 25 September 2020

• Drainage Strategy Report (Ref: MC/TJH/200147/17-2/R001 02) prepared by Pick Everard dated 18 September 2020

• Environmental Noise Survey (Ref: 3018) prepared by ADT dated 21 August 2020

• Flood Risk Assessment (Ref: MC/EST/200147/17-2/R003 01) prepared by Pick Everard dated 28 August 2020

• Transport Statement (Ref: MC/M-LH/KBD/200147/17-2/R003 02) prepared by Pick Everard dated 24 September 2020

• School Travel Plan

• Planning Statement (Ref: C20025) prepared by Phase 2 dated September 2020

And in accordance with any non-material amendments as may be subsequently approved in writing by the County Planning Authority, except as varied by the following conditions:

Reason: For the avoidance of doubt as to the nature of the development hereby permitted, to ensure development is carried out in accordance with the approved application details, to ensure the development is carried out with the minimum harm to the local environment and in accordance with Policy QL1 (Spatial Strategy), Policy QL9 (Design of New Development), Policy COM1 (Access for All), Policy COM3 (Protection of Existing Local Services and Facilities), Policy EN1 (Landscape Character), Policy EN6 (Biodiversity), Policy EN12 (Design and Access Statements), Policy EN13 (Sustainable Drainage Systems), Policy EN29 (Archaeology), Policy TR1 (Transport Assessment), Policy TR2 (Travel Plans) and Policy TR7 (Vehicle Parking at New Development) of the Tendring District Local Plan adopted December 2007 and Policy SPL1 (Presumption in Favour of Sustainable Development), Policy SPL3 (Sustainable Development), Policy PP12 (Improving Education and Skills), Policy PPL4 (Biodiversity and Geodiversity), Policy PPL5 (Water Conservation, Drainage and Sewerage, Policy PPL7 (Archaeology) and Policy CP1 (Sustainable Transport and Accessibility) of the Tendring District Local Plan 2013-2033 and Beyond Publication Draft June 2017.

3. No works except demolition shall take place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro-geological context of the development, has been submitted to and approved in writing by the County Planning Authority. The scheme should include but not be limited to:

• Verification of the suitability of infiltration of surface water for the development. This should be based on detailed ground water monitoring testing. This should be undertaken during the winter months to get the highest average annual groundwater level. All infiltration features should have a minimum 1m gap between the base of the infiltration feature and the ground water level.

• Provide sufficient storage to ensure no off-site flooding as a result of the development during all storm events up to and including the 1 in 100 year plus 40% climate change event.

• It should be shown that the above ground features such as the rainwater gardens mentioned, have been considered and used as much as possible

• Demonstrate that all storage features can half empty within 24 hours for the 1 in 30 plus 40% climate change critical storm event

• Final modelling and calculations for all areas of the drainage system

• The appropriate level of treatment for all runoff leaving the site, in line with the Simple Index Approach in chapter 26 of the CIRIA SuDs Manual C753. Where proprietary devices are proposed, detailed information about the device should be provided along with its mitigation indices

• All above ground flooding should be explained in detail, highlighting where and how the water will sit

• Detailed engineering drawings of each component of the drainage scheme

• A final drainage plan which details exceedance and conveyance routes, FFL and ground levels, and location and sizing of any drainage features

• A written report summarising the final strategy and highlighting any minor changes to the approved strategy Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site and to comply with Policy EN13 (Sustainable Drainage Systems) of the Tendring District Local Plan adopted December 2007 and Policy PPL5 (Water Conservation, Drainage and Sewerage) of the Tendring District Local Plan 2013-2033 and Beyond Publication Draft June 2017.

4. Prior to the beneficial occupation of the development hereby permitted a maintenance plan detailing the maintenance arrangements including who is responsible for different elements of the surface water drainage system and the maintenance activities/frequencies, has been submitted to and approved in writing by the County Planning Authority. Should any part be maintainable by a maintenance company, details of long-term funding arrangements should be provided.

Reason: To ensure appropriate maintenance arrangements are put in place to enable the surface water drainage system to function as intended to ensure mitigation against flood risk and to comply with Policy EN13 (Sustainable Drainage Systems) of the Tendring District Local Plan adopted December 2007 and Policy PPL5 (Water Conservation, Drainage and Sewerage) of the Tendring District Local Plan 2013-2033 and Beyond Publication Draft June 2017.

5. No development or preliminary groundworks shall take place until a written scheme of investigation for a programme of archaeological investigation and recording has been submitted to and approved in writing by the County Planning Authority. Reason: To disseminate the information from the archaeological investigation and to comply with Policy EN29 (Archaeology) of the Tendring District Local Plan adopted December 2007 and Policy PPL7 (Archaeology) of the Tendring District Local Plan 2013-2033 and Beyond Publication Draft June 2017.

6. The programme of archaeological investigation and recording shall be implemented in accordance with the written scheme of investigation approved under Condition 5 prior to the commencement of any development hereby permitted or any preliminary groundworks.

Reason: To disseminate the information from the archaeological investigation and to comply with Policy EN29 (Archaeology) of the Tendring District Local Plan adopted December 2007 and Policy PPL7 (Archaeology) of the Tendring District Local Plan 2013-2033 and Beyond Publication Draft June 2017.

7. Within six months of the completion of the archaeological fieldwork, a post excavation assessment shall be submitted to and approved in writing by the County Planning Authority. The assessment shall include 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 disseminate the information from the archaeological investigation and to comply with Policy EN29 (Archaeology) of the Tendring District Local Plan adopted December 2007 and Policy PPL7 (Archaeology) of the Tendring District Local Plan 2013-2033 and Beyond Publication Draft June 2017.

8. No development beyond the installation of damp proof course shall take place until details and samples of the materials to be used for the external appearance of the building have been submitted to and approved in writing by the County Planning Authority. The details shall include the materials, colours and finishes to be used on all buildings. The development shall be implemented in accordance with the approved details.

Reason: In the interest of the amenity of the local area and to comply with Policy QL9 (Design of New Development) of the Tendring District Local Plan adopted December 2007 and Policy SPL3 (Sustainable Development) of the Tendring District Local Plan 2013-2033 and Beyond Publication Draft 2017.

9. No development shall take place, including any groundworks or demolition, until a Construction Management Plan has been submitted to, and approved in writing by the County Planning Authority. The approved plan shall be adhered to throughout the construction period. The Plan shall provide for:

• The parking of vehicles of site operatives and visitors

• Loading and unloading of plant and materials

• Storage of plant and materials used in constructing the development

• Wheel and underbody washing facilities

Reason: To ensure that on-street parking of these vehicles in the adjoining streets does not occur and to ensure that loose materials and spoil are not brought out into the highway in the interests of highway safety and to comply with Policy QL9 (Design of New Development) of the Tendring District Local Plan adopted December 2007 and Policy SPL3 (Sustainable Development) of the Tendring District Local Plan 2013-2033 and Beyond Publication Draft 2017.

10. Prior to the first beneficial occupation of the development hereby permitted the proposed changes associated with the existing vehicle parking, including any parking spaces for the mobility impaired, shall be hard surfaced, sealed and marked out in parking bays. The vehicle parking areas and associated turning area shall be retained in that form at all times. The vehicle parking shall not be used for any purpose other than the parking of vehicles that are 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 and that appropriate parking is provided in accordance with Policy QL9 (Design of New Development) of the Tendring District Local Plan adopted December 2007 and Policy SPL3 (Sustainable Development) of the Tendring District Local Plan 2013-2033 and Beyond Publication Draft 2017.

11. Prior to the first beneficial occupation of the development hereby permitted a 1.5 metre x 1.5 metre pedestrian visibility splay, as measured from and along the boundary shall be provided on both sides of the overflow car park vehicular access. Such visibility splays shall be retained free of any obstruction in perpetuity. These visibility splays shall not form part of the vehicular surface of the access.

Reason: To provide adequate inter-visibility between the users of the access and pedestrians in the adjoining public highway in the interest of highway safety and to comply with Policy QL9 (Design of New Development) of the Tendring District Local Plan adopted December 2007 and Policy SPL3 (Sustainable Development) of the Tendring District Local Plan 2013-2033 and Beyond Publication Draft 2017.

12. All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal and Bat Roost Potential Survey (Ref: 20-0342.01) prepared by DeltaSimons dated 2 June 2020 and Bat Survey Report (Ref: 20-0342.02) prepared by DeltaSimons dated 8 July 2020 as already submitted with the planning application and agreed in principle with the County Planning Authority prior to determination. This may include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW) to provide on-site ecological expertise during construction. The appointed person shall undertake all activities and works shall be carried out in accordance with the approved details.

Reason: To conserve and enhance protected and Priority species and allow the County Planning Authority to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats and species) and to comply with Policy EN6 (Biodiversity and Geodiversity) of the Tendring District Local Plan adopted December 2007 and Policy PPL4 (Biodiversity and Geodiversity) of the Tendring District Local Plan 2013-2033 and Beyond Publication Draft 2017.

13. No development beyond the installation of damp proof course shall take place until a Biodiversity Enhancement Strategy for protected and Priority species has been submitted to and approved in writing by the County Planning Authority. Measures shall include hedgehog access holes, bat and bird boxes and a native planting scheme. The content of the Biodiversity Enhancement Strategy shall include the following:

• Purpose and conservation objectives for the proposed enhancement measures;

• Detailed designs to achieve stated objectives

• Timetable for implementation demonstrating that works are aligned with the proposed phasing of development

• Persons responsible for implementing the enhanced measures

• Detail of initial aftercare and long-term maintenance (where relevant).  The works shall be implemented in accordance with the approved details and shall be retained in that manner thereafter.

Reason: To enhance protected and Priority Species/habitats and allow the County Planning Authority to discharge it duties under s40 of the NERC Act 2006 (Priority habitats & species) and to comply with Policy EN6 (Biodiversity and Geodiversity) of the Tendring District Local Plan adopted December 2007 and Policy PPL4 (Biodiversity and Geodiversity) of the Tendring District Local Plan 2013-2033 and Beyond Publication Draft 2017.

14. No development shall take place (including any demolition, groundworks or site clearance) until a Biodiversity Method Statement for Protected and Priority Species (including bats, birds and hedgehogs) has been submitted to and approved in writing by the County Planning Authority. The content of the method statement shall include the following:

• Purpose and objectives for the proposed works

• Detailed design(s) and/or working methods necessary to achieve stated objectives (including where relevant type and source of materials to be used)

• Extent and location of proposed works shown on appropriate scale plans

• Timetable for implementation, demonstrating that works are aligned with the proposed phasing of construction

• Persons responsible for implementing the works

• Disposal of any wastes arising from the works

• Lighting plan to demonstrate that construction lighting is in accordance with Recommendation 1 of the Bat Survey Report. The works shall be carried out in accordance with the approved details and shall be retained in that manner thereafter.

Reason: To conserve protected and Priority species and allow the County Planning Authority to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended, s40 of the NERC Act 2006 (Priority habitats & species) and s17 Crime & Disorder Act 1998 and to comply with Policy EN6 (Biodiversity and Geodiversity) of the Tendring District Local Plan adopted December 2007 and Policy PPL4 (Biodiversity and Geodiversity) of the Tendring District Local Plan 2013-2033 and Beyond Publication Draft 2017.

15. No fixed lighting shall be erected or installed on site until details of the location, height, design, luminance and operation have been submitted to and approved in writing by the County Planning Authority. That submitted shall include an overview of the lighting design including the maintenance factor and lighting standard applied together with a justification as to why these are considered appropriate. The details submitted shall include a lighting drawing showing the lux levels on the ground, angles of tilt and the average lux (minimum and uniformity) for all external lighting proposed. Furthermore, a contour plan shall be submitted for the site, detailing the likely spill light from the proposed lighting, in context of the adjacent site levels. The details shall ensure the lighting is designed to minimise the potential nuisance of light spillage on adjoining properties and highways.

The details shall identify those area/features on site that are particularly sensitive for bats and those that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, foraging.

The details shall show how and where external lighting would be installed through the provision of appropriate lighting contour plans and technical specification, so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places and detail the proposed hours of operation.

The lighting shall thereafter be erected, installed and operated in accordance with the approved details.

Reason: To minimise the nuisance and disturbances to neighbours and the impact on ecology and to comply with Policy EN6 (Biodiversity and Geodiversity) of the Tendring District Local Plan adopted December 2007 and Policy PPL4 (Biodiversity and Geodiversity) of the Tendring District Local Plan 2013-2033 and Beyond Publication Draft 2017.

16. No development beyond the installation of damp course shall take place until a landscaping scheme (including hard and soft landscaping) has been submitted to and approved in writing by the County Planning Authority. The scheme shall include details of areas to be planted with species, sizes, spacing, protection and programme of implementation. Together with proposed hard landscaping details including all surface materials, and boundary treatments. The scheme shall furthermore, for the avoidance of doubt, include details of any existing trees and hedgerows on-site so that the landscaping proposed can be understood in context.

The scheme shall be implemented within the first available planting season (October to March inclusive) following completion of the development in accordance with the approved details.

Reason: To comply with section 197 of the Town and Country Planning Act 1990 (as amended), to improve the appearance of the site in the interest of visual amenity and to comply with Policy EN1 (Landscape Character) of the Tendring District Local Plan adopted December 2007.

17. Any tree or shrub forming part of a landscaping scheme approved in connection with the development (under Condition 16 of this permission) that dies, is damaged, diseased or removed within the duration of 5 years during and after the completion of the development shall be replaced during the next available planting season (October to March inclusive) with an appropriate species of tree or shrub the details of which shall have received the prior written approval of the County Planning Authority.

Reason: In the interest of the amenity of the local area, to ensure development is adequately screened and to comply with Policy EN1 (Landscape Character) of the Tendring District Local Plan adopted December 2007.

18. No development (including any demolition or groundworks) shall take place until a Construction Method Statement is submitted to and approved in writing by the County Planning Authority. The Statement shall include but not be limited to details of working hours, plant specification and emission controls: Noise Control

a) The use of barriers to mitigate the impact of noisy operations will be used where possible. This may include the retention of part(s) of the original buildings during the demolition process to act in this capacity.

b) No vehicle connected with the works to arrive on site before 07:30hrs or leave after 19:00hrs (except in the case of emergency). Working hours to be restricted between 08:00hrs and 18:00 Monday to Friday and 08:00hrs and 13:00hrs on Saturdays with no working of any kind permitted on Sundays or any Public/Bank Holidays.

c) The selection and use of machinery to operate on site, and working practices to be adopted will, as a minimum requirement, to compliant with the standards laid out in British Standards BS5228:2014.

d) Mobile plant to be resident on site during extended works shall be fitted with non-audible reversing alarms (subject to HSE agreement)

e) Prior to the commencement of any piling works which may be necessary, a full method statement shall be agreed in writing with the Local Planning Authority (in consultation with Pollution and Environmental Control). This will contain a rationale for the piling method chosen and details of the techniques to be employed which minimise noise and vibration to nearby residents.

f) If there is a requirement to work outside of the recommended hours the applicant or contractor must request in writing for approval by Environmental Protection prior to the commencement of works.

Emission Control

a) All waste arising from the demolition process, ground clearance and construction processes to be recycled or removed from the site subject to agreement with the Local Authority and other relevant agencies.

b) No materials produced as a result of the site development or clearance shall be burned on site

c) All reasonable steps, including damping down roads, shall be taken to minimise dust and litter emissions from the site whilst works of construction and demolition are in progress

d) All bulk carrying vehicles accessing the site shall be suitably sheeted to prevent nuisance from dust in transit.

Dust Control

a) Dust suppression methods to be employed during construction so as to minimise the likelihood of nuisance being caused to neighbouring properties. A scheme of measures for the control and suppression of dust emissions shall be submitted.

Reason: To minimise the nuisance and disturbances to neighbours and to comply with Policy QL9 (Design of New Development) of the Tendring District Local Plan adopted December 2007 and Policy SPL3 (Sustainable Development) of the Tendring District Local Plan 2013-2033 and Beyond Publication Draft 2017.

19. The development hereby permitted shall be carried out in accordance with:

• Arboricultural Method Statement (Ref: 20-0342.01) prepared by Delta Simons dated 18 September 2020

• Arboricultural Impact Assessment (Ref: 20-0342.01) prepared by Delta Simons dated 18 September 2020

• Arboricultural Survey (Ref: 20-0342.01) prepared by Delta Simons dated 3 June 2020.

Reason: In the interest of visual amenity, to ensure protection for the existing natural environment and to comply with Policy EN1 (Landscape Character) of the Tendring District Local Plan adopted December 2007.

Informatives

1. Drainage Features

Any drainage features proposed for adoption by Essex County Council should be consulted on with the relevant Highways Development Management Office.

2. Changes to existing watercourses

Changes to existing watercourses may require separate consent under the Land Drainage Act before works take place.

3. Applicant responsibility

It is the applicant’s responsibility to check that they are complying with common law if the drainage scheme proposed to discharge into an off-site ditch/pipe. The applicant should seek consent where appropriate from other downstream riparian landowners.

4. Yearly logs of maintenance

The applicant or any successor in title must maintain yearly logs of maintenance which should be carried out in accordance with any approved Maintenance Plan. These must be available for inspection upon a request by the Local Planning Authority.

5. Construction vehicle route

The construction vehicle route to the site should be clearly signed from the main road to the site entrance and continued through the site. This should be agreed in advance with the County Planning Authority in consultation with the Highway Authority.

6. Works affecting the highway

All work within or affecting the highway is to be laid out and constructed by prior arrangement with and to the requirements and specification of the Highway Authority; all details shall be agreed before the commencement of works.

The applicant should be advised to contact the Development Management Team by email at development.management@essexhighways.org or by post to: SMO1 – Development Management Team, Ardleigh Depot, Harwich Road, Ardleigh, Colchester CO7 7LT.

7. Formalised crossing points

In relation to the proposed formalised crossing points being proposed for Church Road and Bateman Road these should be put in place no later than the second year of increased pupil intake.

8. Liability for costs

The Highway Authority cannot accept any liability for costs associated with a developer’s improvement. This includes design check safety audits, site supervision, commuted sums for maintenance and any potential claims under Part 1 and Part 2 of the Land Compensation Act 1973. To protect the Highway Authority against such compensation claims a cash deposit or bond may be required.

9. Travel Plan

Prior to the first occupation of the development, the applicant, in association with Essex County Council’s School Travel Planning Advisor, shall agree the frequency of reviewing and, where necessary, updating the School Travel Plan. To this end, the School Travel Planning Advisor will provide assistance in identifying measures that should help mitigate the overall impact of the proposal.

Reason for Approval

Subject to the imposition of the attached conditions, the proposal is acceptable having been assessed in the light of all material considerations, including weighting against the following policies of the development plan:

Tendring District Local Plan adopted December 2007

Policy QL1 – Spatial Strategy

Policy QL9 – Design of New Development

Policy COM1 – Access for All

Policy COM3 – Protection of Existing Local Services and Facilities

Policy EN1 – Landscape Character

Policy EN6 – Biodiversity

Policy EN12 – Design and Access Statements

Policy EN13 – Sustainable Drainage Systems

Policy EN29 -Archaeology

Policy TR1 – Transport Assessment

Policy TR2 – Travel Plans

Policy TR7 – Vehicle Parking at New Development

Tendring District Local Plan 2013-2033 and Beyond Publication Draft June 2017

Policy SPL1 – Presumption in Favour of Sustainable Development

Policy SPL3 – Sustainable Design

Policy PP12 – Improving Education and Skills

Policy PPL4 – Biodiversity and Geodiversity

Policy PPL5 – Water Conservation, Drainage and Sewerage

Policy PPL7 -Archaeology

Policy CP1 – Sustainable Transport and Accessibility

Statement of Reasons

In conclusion, it is considered that there is an identified need for the proposed building at the school and this need should be given great weight in accordance with the provisions of the NPPF. The proposed building would also comply with the encouragement for the enhancement of community facilities as per Policy COM3 and Policy PP12.

The layout and design of the proposed building is considered to be appropriate for the school site. It is considered it would take account of its surroundings and provide a focal point for the school. Subject to conditions, the development would be in compliance with Policy QL9, Policy COM1 and Policy SPL3. It would also provide environmental efficiencies in compliance with Policy SPL3.

The development proposes ecological enhancements which are considered to be in accordance with Policy EN6 and Policy PPL4.

New landscaping is proposed by way of a treeline planted adjacent to the western boundary of the site between the proposed building and residential properties which is considered would help reduce the visual impact of the building and would be in accordance with Policy EN1.

The development is not considered to have unacceptable impacts on privacy, overlooking, security, noise and disturbance, pollution, daylight and sunlight. It is considered that subject to proposed conditions, amenity would be protected in accordance with Policy SPL3.

The proposed traffic generation has been assessed as being able to be accommodated on the surrounding highway and the development proposes to promote sustainable travel through a Travel Plan. There are not considered to be any reasons for refusal related to traffic and highway impact.

A site specific Flood Risk Assessment has shown that the site would comply with Policy EN13 and Policy PPL5 with the imposition of suggested conditions.

Finally, the environmental objective of the NPPF is considered to have been met, resulting in a ‘sustainable development’ for which there is a presumption in favour. This complies with Policy SP1. The development would also provide the necessary facilities to support sustainable communities and would be accessible and compatible with the character and needs of the local community in compliance with Policy COM3 and Policy PP12.

There are no other policies or other material considerations which are overriding or warrant the withholding of permissions.

Application No.

Decision

Date of Decision

Conditions/Reasons

Applicant’s Name

Proposal

Location

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