Application No: 111224 Location: Square Sail, Square Sail, Bridge House, Hythe Quay, Colchester, CO2 8JB Scale (approx): NOT TO SCALE The Ordnance Survey map data included within this publication is provided by Colchester Borough Council of PO Box 884, Town Hall, Colchester CO1 1FR under licence from the Ordnance Survey in order to fulfil its public function to act as a planning authority. Persons viewing this mapping should contact Ordnance Survey copyright for advice where they wish to licence Ordnance Survey map data for their own use. This map is reproduced from Ordnance Survey Material with the permission of Ordnance Survey on behalf of the Controller Of Her Majesty s Stationery Office Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Crown Copyright 100023706 2014
7.5 Case Officer: Vincent Pearce MAJOR Site: Square Sail, Bridge House, Hythe Quay, Colchester, CO2 8JB Application No: 111224 Date Received: 29 June 2011 Applicant: Development: Ward: Square Sail Developments Application for a new planning permission to replace extant permission 072375 - Redevelopment comprising 18 No. residential units, 3 No. commercial units. New Town Summary of Recommendation: Conditional Approval 1.0 Reason for Referral to the Planning Committee 1.1 This application is referred to the Planning Committee because the approval of the application requires the completion of a s.106 agreement to mitigate the impacts of the development and officers do not have delegated powers to agree the Council s commitment to such a legal agreement. 2.0 Synopsis 2.1 The key issues explored below are the previous planning permission relating to this site and the acceptability of the current planning application submission which seeks to renew the previously-granted approval. The report concludes by recommending a conditional planning permission for this application for removal of a previously-granted planning permission. 3.0 Site Description and Context 3.1 The site for this proposal is an irregularly-shaped area of land that is located at Hythe Quay. It is relatively flat and was previously occupied by buildings which have now been demolished and the debris cleared. The frontage of the site with Hythe Quay is currently defined by solid wooden fencing. A narrow vehicular access to the site is located at the northernmost end of the site where it meets Spurgeon Street. 3.2 The surrounding form of development is a mix of residential and some commercial uses and the new and old Hythe bridges are located to the east, crossing the river Colne.
4.0 Description of the Proposal 4.1 This planning application seeks to renew a planning permission for a mixed residential and commercial development on the identified site. Under application 072375 permission was granted for a three and four storey development comprising a mix of traditional wharf -style architecture arranged either side of a modern main element, facing on to Hythe Quay. This development would contain retail units on the ground floor with residential development above. An ancillary two storey L shaped building located to the rear of the main range would accommodate additional residential accommodation on the first floor and parking spaces on the ground floor. Lastly a small building located to the rear of the main range (between it and the L shaped building) would proved covered cycle parking facilities. External materials used in the construction would include red brick and slate, with some render and metal detailing. Pedestrian access to the site would be via Hythe Quay whereas all vehicular access would take place off Spurgeon Street. In all, the scheme would provide 18no. residential units and 3no. ground floor retail units. 4.2 This current scheme proposes the same scheme as previously approved. 5.0 Land Use Allocation 5.1 The site is located within a predominantly residential area and in the Hythe Hill Conservation Area. 6.0 Relevant Planning History 6.1 Planning permission was previously granted for the proposed development under application ref. 072375 via notice dated 22 nd July 2008. 7.0 Principal Policies 7.1 Planning law requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise. The National Planning Policy Framework (NPPF) must also be taken into account in planning decisions and sets out the Government s planning policies are to be applied. The NPPF makes clear that the purpose of the planning system is to contribute to the achievement of sustainable development. There are three dimensions to sustainable development: economic, social and environmental. Also relevant is the National Planning Practice Guidance (NPGG) of 2014. 7.2 Continuing the themes of the NPPF, the adopted Colchester Borough Core Strategy (December 2008) adds detail through local strategic policies. Particular to this application, the following policies are most relevant: SD1 - Sustainable Development Locations SD2 - Delivering Facilities and Infrastructure SD3 - Community Facilities CE2a - Town Centre H1 - Housing Delivery H2 - Housing Density
H3 - Housing Diversity H4 - Affordable Housing UR1 - Regeneration Areas UR2 - Built Design and Character PR1 - Open Space PR2 - People-friendly Streets TA1 - Accessibility and Changing Travel Behaviour TA2 - Walking and Cycling TA3 - Public Transport TA4 - Roads and Traffic TA5 - Parking 7.3 In addition, the following are relevant adopted Colchester Borough Development Policies (October 2010): DP1 Design and Amenity DP3 Planning Obligations and the Community Infrastructure Levy DP4 Community Facilities DP6 Colchester Town Centre Uses DP12 Dwelling Standards DP14 Historic Environment Assets DP16 Private Amenity Space and Open Space Provision for New Residential Development DP19 Parking Standards DP20 Flood Risk and Management of Surface Water Drainage 7.4 Further to the above, the adopted Site Allocations (2010) policies set out below should also be taken into acount in the decision making process: SA CE1 Mixed Use Sites SA H1 Housing Allocations SA EC1 Residential development in East Colchester SA EC2 Development in East Colchester SA EC5 Area 3: Magdalen Street 7.5 Regard should also be given to the following adopted Supplementary Planning Guidance/Documents: Backland and Infill Community Facilities Vehicle Parking Standards Sustainable Construction Open Space, Sport and Recreation The Essex Design Guide External Materials in New Developments Affordable Housing Shopfront Design Guide Cycling Delivery Strategy Colne Harbour Masterplan
8.0 Consultations 8.1 The Highway Authority recommends the imposition of conditions and informatives on a grant of planning permission, as does the Environmental Control Team. 8.2 Similarly the Landscape Planning Officer would require the imposition of conditions on a grant of planning permission. 8.3 The Environment Agency has identified that the application is not accompanied by a Flood Risk Assessment and has objected to the application on this basis. It also recommends that conditions are imposed on a grant of planning permission relating to land contamination and Sustainable Design and Construction. 8.4 The Council s Archaeological Officer has requested that the same condition added to the planning permission for the previous development be added to a permission for this renewal. 8.5 The following comment has been made by the Planning Policy Officer: Whilst the proposal does not deliver current affordable housing requirements of 20% it is accepted on balance that project viability is so fragile that the benefit of securing this mixed use development on this long derelict problem site and kick starting the regeneration process in the locality outweigh the problems caused by the site remaining undeveloped, run down and continuing to blight the character of the conservation area hereabouts. In this particular case and in the light of Development Team comments it is considered reasonable to waive Policy H4 requirements for affordable housing. In addition to the details reported above, the full text of all consultation responses is available to view on the Council s website. 9.0 Parish Council Response 9.1 Not applicable as the site is within a Town Ward. 10.0 Representations 10.1 As a result of local notification 3 letters have been received in which objections are raised on the following summarised grounds: The proposed development would cause unacceptable amenity disturbances and excessive traffic movements experienced by occupiers of adjoining and nearby properties The redevelopment of the site could cause damage to adjoining properties The amount of parking proposed is insufficient for the amount of development proposed and problems could arise in the surrounding streets. 10.2 A request was also made by Councillor Peter Higgins that the site should be cleared as it has become an eyesore. This clearance work has subsequently been carried out.
10.3 Comment has been received from Colchester Cycling Campaign as follows: CCC requests a s106 or CIL contribution towards maintenance and improvements of the Wivenhoe Trail and/or creation of the Rowhedge Trail. 10.4 The following comment has been received on behalf of Sustrans: Sustrans fully supports Colchester Cycling Campaign s request for contributions towards cycling infrastructure. The Wivenhoe Trail needs urgent improvements and maintenance and it seems appropriate that developments, in the Hythe area particularly, should contribute towards this. They will, no doubt have to submit Design and Access Statements and Travel Plans for residents or users and a S106 or CIL contribution should reinforce this commitment. A small S106 fund already exists, I believe, for the Rowhedge Trail and this needs adding to also. The full text of all of the representations received is available to view on the Council s website. 11.0 Parking Provision 11.1 This application seeks to renew a permission that was granted in 2007. The parking standards applicable at the time were as follows: Retail 1 space per 20 square metres of floorspace as a maximum standard. Residential a maximum provision of 1.5 spaces per dwelling. In urban areas and locations with good access to public transport a maximum of one space per dwelling was appropriate. The previously approved planning application layout plan shows a total of 22no. car parking spaces being provided on the site. This current application proposes the same number of spaces. Under the current adopted standards the requirement for retail development is unchanged whereas the standard for residential development is changed to a minimum standard of 1 space per 1 bedroom dwelling and 2 spaces per 2+ bedroom units. The standards document does, however, also advise that Reductions of the vehicle standard may be considered if there is development within an urban area (including town centre locations) that has good links to sustainable transport This type of area is defined in the document as those having frequent and extensive public transport and cycling and walking links, accessing education, healthcare, food shopping and employment As a planning judgement it is considered that the site location falls within the type of location where a lesser parking standard could reasonably be applied. This is on the basis that there is access to a bus service that runs along Hythe Quay, cycleways are within easy reach as is the Hythe railway station. Additionally the occupiers of the dwelling units would have access to major food retail facilities (at Hythe Tesco). The L-shaped building to the rear effectively comprises three linked blocks of four garages each with residential accommodation over. The dimensions of these garages accord with the previous standard and it has not been possible to increase the internal dimensions to meet current standards and still provide the same number of garages.
This is because use of the overall site area has been optimised to reach the point where the scheme is viable and therefore deliverable. 12.0 Open Space Provisions 12.1 Open space provision within the approved scheme consists of landscaped courtyard areas on the ground floor and the provision of balconies to serve the upper floor units. 13.0 Air Quality 13.1 The site is outside of any Air Quality Management Area and will not generate significant impacts upon the zones. 14.0 Development Team and Planning Obligations 14.1 This application is classed as a Major application and therefore there was a requirement for it to be considered by the Development Team. Having considered information regarding the viability of the scheme the Development Team agreed that the contributions that were secured under the previous application (ref. 072375) should be transferred to an agreement attached to this current application proposal. Therefore the Obligations that would be agreed as part of any planning permission would be: 32 579 Education contribution 10 000 Highways contribution 3 500 Community Centre contribution 46 689.66 Public Open Space contribution 14.2 As a result the Development Team did not require an affordable housing contribution nor any on site provision. 15.0 Report 15.1 The submitted scheme seeks to renew a planning permission previously granted by the Council. The form and design of the building, and its subsequent impact on visual and residential amenity has previously been held to be acceptable. The resubmitted scheme seeks to renew the permission without amendment. Members may be aware that this site has in the recent past been the subject of many complaints have been subjected to significant vandalism which posed safety hazards to the public, a series of fires and other anti-social behaviour. It became something of a problem site until the burnt out hulk of the building that stood on it was demolished. 15.2 It is therefore necessary to consider whether there has been any change in relevant policies or other material considerations that would mean a renewal of planning permission was not appropriate in this instance. It is the case that the spatial standards that were relevant to the previously approved application are still applicable in this case. Members will note that the main change has been in the applicable parking standards for residential development. However, as explained in the relevant section of this report, it is considered that the location of the application site merits a reduction in the minimum standard being an eminently sustainable location.
15.3 As regards the issue of mitigation measures sought through a s106 agreement, Members will note that the elements have not changed from the previous approval in 2007. Although the current scheme was reported to the Development Team, and uplifted sums, together with a 35% affordable housing requirement were requested, it is the case that the revised figures would make the scheme unviable. Additional information regarding viability was provided by the developer s agent and this has been considered by the Development Team on a number of occasions. The Team has now determined that the original mitigation secured under the original application should be applied to this renewal application. Members attention is drawn to the fact that affordable housing was not secured at the time of determining the 2007 application. If viability was an issue in 2007 when the economy was in a better condition than in the years that followed then it is unsurprising that lack of viability remains a critical factor in holding back development in this part of the Hythe. 15.4 Members will note that the Environment Agency has raised an objection to the proposal on the grounds that the application is not accompanied by a Flood Risk Assessment. It is the case that the originally approved application submission also did not include this information. However, it is the case that the development as proposed does not include residential development on the ground floor. Therefore using table 3 in the Technical Guidance to the NPPF, on Flood risk vulnerability, commercial uses are classed as less vulnerable and therefore development in this category in flood zones 1 and 2 is considered appropriate. 16.0 Conclusion 16.1 In conclusion it is considered that the renewal of the previously approved planning application is reasonable in planning terms and would assist in improving visual amenity in this location within a defined conservation area and also in an area recognised for regeneration. 17.0 Recommendation 17.1 APPROVE subject to the signing of a legal agreement under Section 106 of the Town and Country Planning Act 1990 within 6 months from the date of the Committee meeting. In the event that the legal agreement is not signed within 6 months, to delegate authority to the Head of Environmental and Protective Services to refuse the application, or otherwise to be authorised to complete the agreement to provide the following: 32 579 Education contribution 10 000 Highways contribution 3 500 Community Centre contribution 46 689.66 Public Open Space contribution 17.2 On completion of the legal agreement, the Head of Environmental and Protective Services be authorised to grant planning permission subject to the following conditions:
18.0 Positivity Statement 18.1 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. 19.0 Conditions 1 - Time Limit for Full Permissions 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. 2 - Non-Standard Condition/Reason The development hereby permitted shall be carried out in accordance with the details shown on the drawings submitted with the originally-approved application ref 072375 and as renewed under this current application ref 111224. The drawing numbers are 478/07E, 478/02C, 478/06B, 478/03C, 478/05C and unnumbered location plan. Reason: For the avoidance of doubt as to the scope of this permission and in the interests of proper planning. 3 - Materials to be Agreed No works shall take place until precise details of the manufacturer and types and colours of the external facing and roofing materials to be used in construction have been submitted to and approved, in writing, by the Local Planning Authority. Such materials as may be approved shall be those used in the development. Reason: In order to ensure that suitable materials are used on the development as there are insufficient details within the submitted planning application. 4 - Additional Detail on Windows & Doors etc Prior to the commencement of any works, additional drawings that show details of any proposed new windows, doors, eaves, verges, cills and arches to be used, by section and elevation, at scales between 1:20 and 1:1, as appropriate, shall be submitted to and approved, in writing, by the Local Planning Authority. The development shall thereafter be implemented in accordance with the approved additional drawings. Reason: There in insufficient detail with regard to this to protect the special character and architectural interest and integrity of the building in accordance with the requirements of Section 16 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
5 - Details of Brickwork, Mortar Mix Bond, Joint Profile etc Prior to the commencement of the development, full details of all new brickwork, including the bond, mortar mix and joint profile shall be submitted to and agreed, in writing, by the Local Planning Authority. The development shall be constructed in accordance with the agreed details. Reason: To ensure that the approved works are carried out without detriment to the architectural character and appearance of the building where there is insufficient information within the submitted application 6 - Non-Standard Condition/Reason Prior to the commencement of the development hereby approved an external colour scheme shall be submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the agreed scheme. Reason: To ensure that the development preserves and enhances the character and appearance of the conservation area. 7 -Archaeological Watching Brief TBA Prior to commencement of development, details of a watching brief to be carried out by a suitably qualified archaeologist (during construction works) shall be submitted to and agreed in writing by the Local Planning Authority. The development shall thereafter be carried out in strict accordance with these agreed details. In the event that any significant archaeological features or remains are discovered which are beyond the scope of the watching brief (and require fuller rescue excavation) the construction work shall cease immediately and shall not recommence until a revised programme of archaeological work including a scheme of investigation has been submitted to, and approved in writing, by the Local Planning Authority. Reason: To enable the inspection and recording of any items of archaeological importance. 8 - *Full Landscape Proposals TBA No works shall take place until full details of all landscape works have been submitted to and agreed, in writing, by the Local Planning Authority and the works shall be carried out prior to the occupation of any part of the development unless an alternative implementation programme is subsequently agreed, in writing, by the Local Planning Authority. The submitted landscape details shall include: PROPOSED FINISHED LEVELS OR CONTOURS; MEANS OF ENCLOSURE; CAR PARKING LAYOUTS; OTHER VEHICLE AND PEDESTRIAN ACCESS AND CIRCULATION AREAS; HARD SURFACING MATERIALS; MINOR ARTEFACTS AND STRUCTURES (E.G. FURNITURE, PLAY EQUIPMENT, REFUSE OR OTHER STORAGE UNITS, SIGNS, LIGHTING ETC.); PROPOSED AND EXISTING FUNCTIONAL SERVICES ABOVE AND BELOW GROUND (E.G. DRAINAGE POWER, COMMUNICATIONS CABLES, PIPELINES ETC. INDICATING LINES, MANHOLES, SUPPORTS ETC.); RETAINED HISTORIC LANDSCAPE FEATURES; PROPOSALS FOR RESTORATION; PLANTING PLANS; WRITTEN SPECIFICATIONS (INCLUDING CULTIVATION AND OTHER OPERATIONS ASSOCIATED WITH PLANT AND GRASS ESTABLISHMENT);
SCHEDULES OF PLANTS, NOTING SPECIES, PLANT SIZES AND PROPOSED NUMBERS/DENSITIES WHERE APPROPRIATE; AND IMPLEMENTATION TIMETABLES AND MONITORING PROGRAMS. Reason: To ensure that there is a suitable landscape proposal to be implemented at the site for the enjoyment of future users and also to satisfactorily integrate the development within its surrounding context in the interest of visual amenity. 9 - Surfacing Material to be Agreed Prior to commencement of the development hereby approved full details of the surfacing materials to be used for all private, non-adoptable accessways, driveways, footpaths, courtyards, parking areas and forecourts shall be submitted to and agreed, in writing, by the Local Planning Authority. The development shall thereafter be carried out in accordance with the agreed details. Reason: There is insufficient information within the submitted application to ensure that these details are satisfactory in relation to their context and where such detail are considered important to the character of the area. 10 - Contaminated Land Part 1 of 4 (Site Characterisation) No works shall take place until an investigation and risk assessment, in addition to any assessment provided with the planning application, has been 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, including contamination by soil gas and asbestos; (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; (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 and the Essex Contaminated Land Consortium s Land Affected by Contamination: Technical Guidance for Applicants and Developers. 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 - Contaminated Land Part 2 of 4 (Submission of Remediation Scheme) No works 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 prepared and then submitted to and agreed, in writing, by 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. 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 12 - Contaminated Land Pt. 3 of 4 (Implementation of Approved Remediation) Prior to the commencement of development other than that required to carry out remediation, the approved remediation scheme must be carried out in accordance with the details approved,. 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/validation 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. 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 13 - Contaminated Land Part 4 of 4 (Reporting of Unexpected Contamination) In the 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 10 and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 11 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 condition 12. 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..
14 - *Validation Certificate Prior to the first OCCUPATION/USE of the development, the developer shall submit to the Local Planning Authority a signed certificate to confirm that the remediation works have been completed in accordance with the documents and plans detailed in Condition 11. 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 15 - *External Noise No works shall take place until a noise survey for proposed residential properties that are in the vicinity of the ROAD has been submitted to and approved, in writing, by the Local Planning Authority. The survey shall have been undertaken by a competent person, shall include periods for daytime as 0700-2300 hours and night-time as 2300-0700 hours, and identify appropriate noise mitigation measures. All residential units shall thereafter be designed so as not to exceed the noise criteria based on current figures by the World Health Authority Community Noise Guideline Values/BS8233 good conditions given below: Dwellings indoors in daytime: 35 db LAeq,16 hours Outdoor living area in day time: 55 db LAeq,16 hours Inside bedrooms at night-time: 30 db LAeq,8 hours (45 db LAmax) Outside bedrooms at night-time: 45 db LAeq,8 hours (60 db LAmax) Such detail and appropriate consequential noise mitigation measures as shall have been agreed, in writing, by the Local Planning Authority shall be implemented prior to occupation of ANY building on the site and shall be maintained as agreed thereafter. Reason: To ensure that the development hereby permitted is not detrimental to the amenity of the future residents by reason of undue external noise where there is insufficient information within the submitted application. 16 - Non-Standard Condition/Reason The commercial units shall be used for Use Classes A1, A2, and B1 purposes as defined in the Town and Country Planning (Use Classes)(Amendment) Order 2005 and hot take-away food use will not be permitted. Reason: To protect the amenities of adjoining residents and to ensure that the convenience and safety of pedestrians and other road users is not prejudiced. 17 - Non-Standard Condition/Reason Prior to the new commercial unit shopfronts being installed, large scale working drawings at scales between 1:20 and 1:1 as appropriate, showing full details of the design including sections and elevations of the pilasters, fascia, cornice, stall riser, doorcase, mullions, cills and glazing bars, shall be submitted to and approved in writing by the Local Planning Authority. The new shopfronts shall be constructed in accordance with the approved details. Reason: To ensure that the shopfronts and doorcases are designed to a standard appropriate to the conservation area and as the submitted drawings are of too small a scale for full and proper consideration to be given to the detailed design and could be misinterpreted by those ultimately responsible for the construction.
18 - Non-Standard Condition/Reason All new rainwater goods on the "replacement warehouse" buildings shall be of cast iron, or cast aluminium and painted black unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the development preserves and enhances the character and appearance/visual amenity of the Conservation Area. 19 - Non-Standard Condition/Reason All windows on the "replacement warehouses" shall be constructed in timber and painted white thereafter being retained as such. Reason: To ensure that the development preserves and enhances the character and appearance/visual amenity of the Conservation Area. 20 - Non-Standard Condition/Reason Notwithstanding the plans hereby approved, the gates indicated on drawing ref. 478/07E are not approved. Details of the gates shall be submitted to and approved in writing by the Local Planning Authority and shall thereafter be constructed in accordance with such approved details, prior to occupation of the first unit. Reason: To ensure that the entrance gates are designed to a standard appropriate to the conservation area and as the submitted drawings are of too small a scale for full and proper consideration to be given to the detailed design and could be misinterpreted by those ultimately responsible for the construction. 21 - Non-Standard Condition/Reason A scheme indicating the provision of public art shall be submitted to and approved in writing by the Local Planning Authority. This scheme shall be carried out within six months of the completion of the development and thereafter be retained to the Local Planning Authority's satisfaction. Reason: To ensure that this development scheme makes a contribution to the Borough in the field of arts and culture and to enhance the appearance of the development and visual amenity. 22 - Non-Standard Condition/Reason Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no windows/dormer windows other than those expressly authorised by this permission shall be constructed in the first floor, south facing elevation of the 'mews building' hereby approved, unless otherwise approved in writing by the Local Planning Authority. Reason: To protect the amenities and privacy of adjoining residents.
23 - Non-Standard Condition/Reason A scheme of environmental works including construction of walls/fences/railings/ planting of hedges etc and other structures on or adjacent to the boundary of the site with the highway/means of access shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The approved scheme shall be completed prior to the development being brought into use and shall be retained/maintained thereafter. Reason: To ensure a satisfactory form of development and in the interests of visual amenity. 24 - Non-Standard Condition/Reason The car park shall be laid out within the site in accordance with the approved drawings and as indicated on Drawing Ref. 478/05C and no unit shall be occupied until a car parking space has been provided within the development site for that unit. The car parking areas shall be completed prior to occupation of the final residential unit. Reason: To ensure that vehicles visiting the site can park off the highway. 25 - Non-Standard Condition/Reason All approved hard and soft landscape works shall be carried out in accordance with the implementation and monitoring programme agreed with the Local Planning Authority and in accordance with the relevant recommendations of the appropriate British Standards. All trees and plants shall be monitored and recorded for at least five years following contractual practical completion of the approved development. In the event that trees and/or plants die, are removed, destroyed, or in the opinion of the Local Planning Authority fail to thrive or are otherwise defective during such a period, they shall be replaced during the first planting season thereafter to specifications agreed in writing with the Local Planning Authority. Reason: To ensure the provision and implementation of a reasonable standard of landscape in accordance with the approved design. 26 - Non-Standard Condition/Reason A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than privately owned domestic gardens, shall be submitted to and approved by the Local Planning Authority prior to any occupation of the development (or any relevant phase of the development) for its permitted use. Reason: To ensure that due regard is paid to the continuing enhancement and maintenance of amenity afforded by the landscape. 27 - Non-Standard Condition/Reason Prior to occupation of the first unit a car parking strategy for the site shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall specify how the parking shall be allocated and controlled and shall include measures to prevent indiscriminate parking. The parking area shall therefter be constructed in accordance with the approved parking layout and strategy and retained thereafter. Reason: To ensure that adequate and convenient parking provision is made for residents in the development.
28 - Non-Standard Condition/Reason Prior to the buildings being brought into use for the purposes hereby approved, bicycle parking facilities shall be provided in accordance with the approved drawings. Reason: To ensure proper provision for cyclists, including parking in accordance with the Local Planning Authority's standards. 29 - Non-Standard Condition/Reason The kerb footway around the site frontage shall be reinstated prior to the first occupation of the premises. Reason: To ensure the safety of pedestrians and vehicles. 30 - Non-Standard Condition/Reason Prior to the occupation of the first residential unit, details of a Transportation Information and Marketing Scheme shall be submitted to and approved in writing by the Local Planning Authority. Such details shall include provision for vouchers for 12 months free bus travel within an applicable for zone (as set out by Essex County Council) for each eligible member of every residential household, valid during the first 6 months following occupation of their respective dwelling. The scheme shall be implemented as approved prior to first occupation of the building. Reason: In order to reduce the need to travel by car and to encourage sustainable travel. 31 - Non-Standard Condition/Reason Prior to the development hereby approved being brought into use, refuse storage facilities (including facilities for recyclable materials) shall be provided in a visually satisfactory manner and in accordance with a scheme which shall have previously been submitted to and approved in writing by the Local Planning Authority. In the case of communal storage areas, a management company shall be made responsible for the maintenance of such areas inperpetuity. Such facilities shall thereafter be retained to serve the development. Reason: To ensure that adequate facilities are provided for refuse and recyclable storage and collection. 32 - Non-Standard Condition/Reason Any lighting of the development shall be located, designed and directed or screened so that it does not cause avoidable intrusion to adjacent residential properties/ constitute a traffic hazard/cause unnecessary light pollution outside the site boundary. "Avoidable intrusion" means contrary to the Code of Practice for the Reduction of Light Pollution issued by the Institute of Lighting Engineers. Reason: In the interests of highway safety and to protect the amenities of adjoining residents. 33 Non Standard Condition No unbound material shall be used in the surface treatment of the vehicular access within 6 metres of the highway boundary. Reason: To avoid displacement of loose material onto the highway in the interests of highway safety.
34 Non Standard Condition Prior to commencement of the development details showing the means to prevent the discharge of surface water from the development onto the highway shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be carried out in its entirety prior to the access becoming operational and shall be retained at all times. Reason: To prevent hazards caused by water flowing onto the highway and to avoid the formation of ice on the highway in the interest of highway safety. 20.0 Informatives (1) ZT0 Advisory Note on Construction & Demolition The developer is referred to the attached advisory note Advisory Notes for the Control of Pollution during Construction & Demolition Works for the avoidance of pollution during the demolition and construction works. Should the applicant require any further guidance they should contact Environmental Control prior to the commencement of the works. (2) All works affecting the highway should be carried out by prior arrangement with, and to the requirements and satisfaction of, the Highway Authority and application for the necessary works should be made by initially telephoning 08456 037631. (3) ZTA - Informative on Conditions Stating Prior to Commencement/Occupation PLEASE NOTE that this permission contains a condition precedent that requires details to be agreed and/or activity to be undertaken either before you commence the development or before you occupy the development. This is of critical importance. If you do not comply with the condition precedent you may invalidate this permission. Please pay particular attention to these requirements.