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16/02021/OUT | Outline planning application for 35 dwellings with all matters reserved. | Land South Of The Brewers Arms Main Road Bicknacre Chelmsford Essex
  • Total Consulted: 19
  • Consultees Responded: 13

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Parks & Open Spaces

Consultation Date: Mon 21 Nov 2016

Police

Consultation Date: Mon 21 Nov 2016

ECC School Organisation & Planning

Consultation Date: Mon 21 Nov 2016

Leisure & Heritage Services

Consultation Date: Mon 21 Nov 2016

Technical & Parking Services

Consultation Date: Mon 21 Nov 2016

Essex County Council Highways

Comment Date: Mon 06 Nov 2017

From a highway and transportation perspective the impact of the proposal is acceptable to the Highway Authority subject to the following conditions:

1. 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 and to ensure that loose materials and spoil are not brought out onto the highway in the interests of highway safety and Policy DM1.

2. Prior to first occupation of the development, the new priority road junction serving the development to Main Road shown in the Visibility Splays drawing 16_761_005, at its centre line shall be provided with a clear to ground visibility splay with dimensions of not less than 2.4 metres by 43 metres in both directions along Main Road as measured from and along the nearside edge of the carriageway. The drawing indicates that 2.4 metres by 100 metres to the north and 2.4 metres by 63 metres to the south can be provided. Such vehicular visibility splays shall be provided and retained free of any obstruction at all times.

Reason: To provide adequate inter-visibility between vehicles using the road junction and those in the existing public highway in the interest of highway safety in accordance with policy DM1.

3. The new priority junction serving the development site in 2 above shall be constructed and ready for use as shown in principle on the Indicative Site Layout Plan drawing 16_761_003 incorporating a footway transitioning into the site of width 2 metres from main road and carriageway width of 5.5 metres.

Reason: To ensure that vehicles can enter and leave the highway in a controlled manner in the interests of highway safety in accordance with policy DM1 and policy DM7.

4. Prior to first occupation the developer to construct a footway along the site frontage to the north of the junction to tie in to the existing adopted footway on Main Road and into the development site as in 3 above at no cost to the Highway Authority.

Reason: To make adequate provision within the highway for pedestrians to safely access the existing settlement and the bus stops to the west to minimise the number of trips by private vehicle through the provision alternative travel modes in accordance with Policy DM1 and DM9.

5. The two existing and redundant vehicle accesses to the development site on Main Road shall be suitably and permanently closed incorporating the reinstatement to full height of the highway verge/footway kerbing immediately prior to first occupation of the development.

Reason: To ensure the removal of and to preclude the creation of unnecessary points of traffic conflict in the highway in the interests of highway safety in accordance with policy DM1

6. Prior to first occupation of the development vehicular turning facilities of a design to be approved in writing by the Local Planning Authority and shown in principle in the Indicative Site Layout Plan drawing 16_761_003, shall be constructed and maintained free from obstruction within the site at all times for that sole purpose.

Reason: To ensure that vehicles can enter and leave the highway in a forward gear in the interest of highway safety in accordance with policy DM1

7. Provision of all signing lighting and lining in association with the highway works at no cost to the Highway Authority.

Reason: In the interests of highway safety in accordance with policy DM1.

8. There shall be no discharge of surface water onto the Highway or land to be dedicated public highway.

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 to ensure accordance with policy DM1.

9. The proposed development shall not be occupied until such time as the vehicle parking areas for the dwellings indicated in principle in accordance with current parking standards on the approved plans has been hard constructed ready for use. Un-allocated visitor parking spaces.

Reason: To ensure that on street parking of vehicles in the adjoining streets does not occur in the interests of highway safety in accordance with Policy DM8 10. Un-allocated visitor parking spaces in accordance with the current parking standards shall be incorporated in the estate layout design.

Reason: To ensure that on street parking of vehicles in the adjoining streets does not occur in the interests of highway safety in accordance with Policy DM8

11. Cycle parking shall be provided in accordance with the EPOA Parking Standards. The approved facility shall be secure, convenient, covered and provided prior to occupation and retained at all times.

Reason: To ensure appropriate cycle parking is provided in the interest of highway safety and amenity in accordance with Policy DM8.

12. Prior to first occupation of the proposed development, the Developer shall be responsible for the provision and implementation of a Residential Travel Information Pack per dwelling, for sustainable transport, approved by 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 in accordance with policies DM9 and DM10.

General
i. Prior to any works taking place in public highway or areas to become public highway the developer shall enter into an appropriate agreement with the Highway Authority to regulate construction works. This will include the submission of detailed engineering drawings for approval and a safety audit.

ii. All housing developments in Essex which would result in the creation of a new street (more than five dwelling units communally served by a single all-purpose access) will be subject to The Advance Payments Code, Highways Act, 1980. The Developer will be served with an appropriate Notice within 6 weeks of building regulations approval being granted and prior to the commencement of any development must provide guaranteed deposits which will ensure that the new street is constructed in accordance with acceptable specification sufficient to ensure future maintenance as a public highway..

iii. Alternatively, the Council is prepared to enter into an agreement under Section 38 of the Highways Act 1980, which must be signed before works commence. It is therefore advisable that an early approach is made to the Development Management Team.

The above conditions are to ensure that the proposal conforms to the relevant policies contained within the County Highway Authority's Development Management Policies, adopted as County Council Supplementary Guidance in February 2011.

Informatives:
All work within or affecting the highway is to be laid out and constructed by prior arrangement with, and to the requirements and satisfaction of, the Highway Authority, details to be agreed before the commencement of works.
The applicants should be advised to contact the Development Management Team by email at development.management@essexhighways.org or by post to: SMO2 - Essex Highways, Springfield Highways Depot, Colchester Road, Chelmsford CM2 5PU.
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.
The development may be served by a system of operational street lighting of design approved from the Highway Authority. If street lighting is provided, the estate layout design must allow adequate space to accommodate the street lighting scheme.
The grant of planning permission does not automatically allow development to commence. In the event of works affecting the highway, none shall be permitted to commence until such time as they have been fully agreed with the Highway Authority. In the interests of highway user safety this may involve the applicant requesting a temporary closure of the definitive route using powers included in the aforementioned Act. All costs associated with this shall be borne by the applicant and any damage caused to the route shall be rectified by the applicant within the timescale of the closure.


Comment Date: Tue 07 Feb 2017

Your Ref: 16/02021/OUT
Our Ref: CO/EGD /SD/RM/CHL/16/2021/27101
Date:- 3rd February 2017


From a highway and transportation perspective the impact of the proposal is acceptable to the Highway Authority subject to the following conditions:

1. 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 and to ensure that loose materials and spoil are not brought out onto the highway in the interests of highway safety and Policy DM1.

2. Prior to first occupation of the development, the new priority road junction serving the development to Main Road shown in principle on the Indicative Site Layout Plan drawing 16_761_003, at its centre line shall be provided with a clear to ground visibility splay with dimensions of 2.4 metres by 43 metres in both directions along Main Road as measured from and along the nearside edge of the carriageway. Such vehicular visibility splays shall be provided and retained free of any obstruction at all times.
Reason: To provide adequate inter-visibility between vehicles using the road junction and those in the existing public highway in the interest of highway safety in accordance with policy DM1.

3. The new priority junction serving the development site in 2 above shall be constructed and ready for use as shown in principle on the Indicative Site Layout Plan drawing 16_761_003 incorporating a footway transitioning into the site of width 2 metres from main road and carriageway width of 5.5 metres.
Reason: To ensure that vehicles can enter and leave the highway in a controlled manner in the interests of highway safety in accordance with policy DM1 and policy DM7.

4. Prior to first occupation the developer to construct a footway along the site frontage to the north of the junction to tie in to the existing adopted footway on Main Road and into the development site as in 3 above at no cost to the Highway Authority.
Reason: To make adequate provision within the highway for pedestrians to safely access the existing settlement and the bus stops to the west to minimise the number of trips by private vehicle through the provision alternative travel modes in accordance with Policy DM1 and DM9.

5. The two existing and redundant vehicle accesses to the development site on Main Road shall be suitably and permanently closed incorporating the reinstatement to full height of the highway verge/footway kerbing immediately prior to first occupation of the development.
Reason: To ensure the removal of and to preclude the creation of unnecessary points of traffic conflict in the highway in the interests of highway safety in accordance with policy DM1

6. Prior to first occupation of the development vehicular turning facilities of a design to be approved in writing by the Local Planning Authority and shown in principle in the Indicative Site Layout Plan drawing 16_761_003, shall be constructed and maintained free from obstruction within the site at all times for that sole purpose.
Reason: To ensure that vehicles can enter and leave the highway in a forward gear in the interest of highway safety in accordance with policy DM1

7. Provision of all signing lighting and lining in association with the highway works at no cost to the Highway Authority.
Reason: In the interests of highway safety in accordance with policy DM1.

8. There shall be no discharge of surface water onto the Highway or land to be dedicated public highway.
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 to ensure accordance with policy DM1.

9. The proposed development shall not be occupied until such time as the vehicle parking areas for the dwellings indicated in principle in accordance with current parking standards on the approved plans has been hard constructed ready for use. Un-allocated visitor parking spaces.
Reason: To ensure that on street parking of vehicles in the adjoining streets does not occur in the interests of highway safety in accordance with Policy DM8

10. Un-allocated visitor parking spaces in accordance with the current parking standards shall be incorporated in the estate layout design.
Reason: To ensure that on street parking of vehicles in the adjoining streets does not occur in the interests of highway safety in accordance with Policy DM8

11. Cycle parking shall be provided in accordance with the EPOA Parking Standards. The approved facility shall be secure, convenient, covered and provided prior to occupation and retained at all times.
Reason: To ensure appropriate cycle parking is provided in the interest of highway safety and amenity in accordance with Policy DM8.

12. Prior to first occupation of the proposed development, the Developer shall be responsible for the provision and implementation of a Residential Travel Information Pack per dwelling, for sustainable transport, approved by 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 in accordance with policies DM9 and DM10.


General
i. Prior to any works taking place in public highway or areas to become public highway the developer shall enter into an appropriate agreement with the Highway Authority to regulate construction works. This will include the submission of detailed engineering drawings for approval and a safety audit.

ii. All housing developments in Essex which would result in the creation of a new street (more than five dwelling units communally served by a single all-purpose access) will be subject to The Advance Payments Code, Highways Act, 1980. The Developer will be served with an appropriate Notice within 6 weeks of building regulations approval being granted and prior to the commencement of any development must provide guaranteed deposits which will ensure that the new street is constructed in accordance with acceptable specification sufficient to ensure future maintenance as a public highway..

iii. Alternatively, the Council is prepared to enter into an agreement under Section 38 of the Highways Act 1980, which must be signed before works commence. It is therefore advisable that an early approach is made to the Development Management Team.

The above conditions are to ensure that the proposal conforms to the relevant policies contained within the County Highway Authority's Development Management Policies, adopted as County Council Supplementary Guidance in February 2011.


Informatives:
All work within or affecting the highway is to be laid out and constructed by prior arrangement with, and to the requirements and satisfaction of, the Highway Authority, details to be agreed before the commencement of works.

The applicants should be advised to contact the Development Management Team by email at development.management@essexhighways.org or by post to:

SMO2 - Essex Highways, Springfield Highways Depot, Colchester Road, Chelmsford CM2 5PU.

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.

The development may be served by a system of operational street lighting of design approved from the Highway Authority. If street lighting is provided, the estate layout design must allow adequate space to accommodate the street lighting scheme.

The grant of planning permission does not automatically allow development to commence. In the event of works affecting the highway, none shall be permitted to commence until such time as they have been fully agreed with the Highway Authority. In the interests of highway user safety this may involve the applicant requesting a temporary closure of the definitive route using powers included in the aforementioned Act. All costs associated with this shall be borne by the applicant and any damage caused to the route shall be rectified by the applicant within the timescale of the closure.

''''''''''''''''''
pp Director for Operations: Environment and Economy
Enquiries to Richard Mackrodt
Telephone: 03330130582
Internet: www.essex.gov.uk
Email: richard.mackrodt@essex.gov.uk

Planning Trees & Landscaping

Comment Date: Mon 02 Oct 2017

There are a number of TPOs shown on this site. ECC TPO/1973/049 is a revoked Order; TPO/2007/114 T1 ' Oak is overhanging the site from 54 Brockenhurst Way which hasn't been referred to in the Arboricultural Report dated 28/6/16; TPO/2003/057 ' T9 ' Oak is no longer there and I have updated the TPO file accordingly. The land is adjacent to The Hooe Playing Fields which also have a number of TPOs on and I am currently trying to review these Orders.

Planning Listed Buildings & Conservation

Comment Date: Wed 05 Apr 2017

The revised plan turns the two houses adjacent the entrance to front onto the road, which is welcomed.

The two houses to the north (facing over the Brewers Arms car park) should also be turned to front towards the main road.

The flats appear over scaled and should be reduced to 2 flats or relocated elsewhere on the site.

Subject to the above, and the detailed design, materials, landscaping etc, the scheme would not have an adverse impact on the setting of Star House.

Comment Date: Mon 28 Nov 2016

The application site lies to the immediate west of Star House, a brick building dating from the late eighteenth century, which is grade II listed. The application includes no mention of the listed building or any reference to its setting. Star House is part of a group of dispersed houses and cottages along Main Road, where the spacing and set back positon of buildings, together with mature trees and woodlands, field boundaries and tracks, give a rural character. This rural character, including the application site, is part of the setting to Star House and contributes to its significance. The proposed development would be split into two sites either side of the existing track to give 37 dwellings. The indicative scheme indicates an inward looking scheme, with an engineered site entrance opposite Star House and building sides and backs, together with back gardens to the public edges of the site. This would erode the rural setting of Star House and harm its significance. The harm to the setting of Star House would be less than substantial for the purposes of the NPPF, the harm should therefore weighed up against any public benefits derived from the scheme (paragraph 134). In the spirit of the NPPF (paragraphs 58, 129 and 131) this harm should be avoided or minimised through design that responds to the context and setting of Star House. Whilst the scheme within the application is indicative there is considerable doubt as to whether 37 dwellings can be satisfactorily achieved.

Essex County Council (SUDS)

Comment Date: Mon 06 Mar 2017

Thank you for your email received on 07 February 2017 which provides this Council with the opportunity to assess and advise on the proposed surface water drainage strategy for the above mentioned planning application.
As the Lead Local Flood Authority (LLFA) this Council provides advice on SuDS schemes for major developments. We have been statutory consultee on surface water since the 15th April 2015.
In providing advice this Council looks to ensure sustainable drainage proposals comply with the required standards as set out in the following documents:
- Non-statutory technical standards for sustainable drainage systems
- Essex County Council's (ECC's) adopted Sustainable Drainage Systems Design Guide
- The CIRIA SuDS Manual (C753)
- BS8582 Code of practice for surface water management for development sites.
Lead Local Flood Authority position
Having reviewed the Flood Risk Assessment and the associated documents which accompanied the planning application, do not object to the granting of planning permission.
The proposed development will only meet the requirements of the National Planning Policy Framework if the following measures as detailed in the FRA and the documents submitted with this application are implemented and secured by way of a planning condition on any planning permission.
Condition 1
No works 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 local planning authority. The scheme should include but not be limited to:
- Limiting discharge rates to 4l/s for all storm events up to an including the 1 in 100 year rate plus 40% allowance for climate change.
- 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.
- 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 CIRIA SuDS Manual C753.
- 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.
The scheme shall subsequently be implemented prior to occupation.
Reason
- To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.
- To ensure the effective operation of SuDS features over the lifetime of the development.
- To provide mitigation of any environmental harm which may be caused to the local water environment
- Failure to provide the above required information before commencement of works may result in a system being installed that is not sufficient to deal with surface water occurring during rainfall events and may lead to increased flood risk and pollution hazard from the site.
Condition 2
No works shall take place until a scheme to minimise the risk of offsite flooding caused by surface water run-off and groundwater during construction works and prevent pollution has been submitted to, and approved in writing by, the local planning authority. The scheme shall subsequently be implemented as approved.
Reason
The National Planning Policy Framework paragraph 103 and paragraph 109 state that local planning authorities should ensure development does not increase flood risk elsewhere and does not contribute to water pollution.
Construction may lead to excess water being discharged from the site. If dewatering takes place to allow for construction to take place below groundwater level, this will cause additional water to be discharged. Furthermore the removal of topsoils during construction may limit the ability of the site to intercept rainfall and may lead to increased runoff rates. To mitigate increased flood risk to the surrounding area during construction there needs to be satisfactory storage of/disposal of surface water and groundwater which needs to be agreed before commencement of the development.
Construction may also lead to polluted water being allowed to leave the site. Methods for preventing or mitigating this should be proposed.
Condition 3
No works shall take place until 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 agreed, in writing, by the Local 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.
Failure to provide the above required information before commencement of works may result in the installation of a system that is not properly maintained and may increase flood risk or pollution hazard from the site.
Condition 4
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.
Reason
To ensure the SuDS are maintained for the lifetime of the development as outlined in any approved Maintenance Plan so that they continue to function as intended to ensure mitigation against flood risk.
We also have the following advisory comments:
[INSERT COMMENTS]
Where support- insert conditions
However, in the event that more information was supplied by the applicants then the County Council may be in a position to withdraw its objection to the proposal once it has considered the additional clarification/details that are required.
Any questions raised within this response should be directed to the applicant and the response should be provided to the LLFA for further consideration. If you are minded to approve the application contrary to this advice, we request that you contact us to allow further discussion and/or representations from us.
Summary of Flood Risk Responsibilities for your Council
We have not considered the following issues as part of this planning application as they are not within our direct remit; nevertheless these are all very important considerations for managing flood risk for this development, and determining the safety and acceptability of the proposal. Prior to deciding this application you should give due consideration to the issue(s) below. It may be that you need to consult relevant experts outside your planning team.
- Sequential Test in relation to fluvial flood risk;
- Safety of people (including the provision and adequacy of an emergency plan, temporary refuge and rescue or evacuation arrangements);
- Safety of the building;
- Flood recovery measures (including flood proofing and other building level resistance and resilience measures);
- Sustainability of the development.
In all circumstances where warning and emergency response is fundamental to managing flood risk, we advise local planning authorities to formally consider the emergency planning and rescue implications of new development in making their decisions.
Please see Appendix 1 at the end of this letter with more information on the flood risk responsibilities for your council.
INFORMATIVES:
- Essex County Council has a duty to maintain a register and record of assets which have a significant impact on the risk of flooding. In order to capture proposed SuDS which may form part of the future register, a copy of the SuDS assets in a GIS layer should be sent to suds@essex.gov.uk.
- Any drainage features proposed for adoption by Essex County Council should be consulted on with the relevant Highways Development Management Office.
- Changes to existing water courses may require separate consent under the Land Drainage Act before works take place. More information about consenting can be found in the attached standing advice note.
- It is the applicant's responsibility to check that they are complying with common law if the drainage scheme proposes to discharge into an off-site ditch/pipe. The applicant should seek consent where appropriate from other downstream riparian landowners.
- The Ministerial Statement made on 18th December 2014 (ref. HCWS161) states that the final decision regarding the viability and reasonableness of maintenance requirements lies with the LPA. It is not within the scope of the LLFA to comment on the overall viability of a scheme as the decision is based on a range of issues which are outside of this authority's area of expertise.
- We will advise on the acceptability of surface water and the information submitted on all planning applications submitted after the 15th of April 2015 based on the key documents listed within this letter. This includes applications which have been previously submitted as part of an earlier stage of the planning process and granted planning permission based on historic requirements. The Local Planning Authority should use the information submitted within this response in conjunction with any other relevant information submitted as part of this application or as part of preceding applications to make a balanced decision based on the available information.
Whilst we have no further specific comments to make at this stage, attached is a standing advice note explaining the implications of the Flood and Water Management Act (2010) which could be enclosed as an informative along with your response issued at this time.
Appendix 1 - Flood Risk responsibilities for your Council
The following paragraphs provide guidance to assist you in determining matters which are your responsibility to consider.
-Safety of People (including the provision and adequacy of an emergency plan, temporary refuge and rescue or evacuation arrangements)
You need to be satisfied that the proposed procedures will ensure the safety of future occupants of the development. In all circumstances where warning and emergency response is fundamental to managing flood risk, we advise LPAs formally consider the emergency planning and rescue implications of new development in making their decisions.
We do not normally comment on or approve the adequacy of flood emergency response procedures accompanying development proposals as we do not carry out these roles during a flood.
- Flood recovery measures (including flood proofing and other building level resistance and resilience measures)
We recommend that consideration is given to the use of flood proofing measures to reduce the impact of flooding when it occurs. Both flood resilience and resistance measures can be used for flood proofing.
Flood resilient buildings are designed to reduce the consequences of flooding and speed up recovery from the effects of flooding; flood resistant construction can help prevent or minimise the amount of water entering a building. The National Planning Policy Framework confirms that resilient construction is favoured as it can be achieved more consistently and is less likely to encourage occupants to remain in buildings that could be at risk of rapid inundation.
Flood proofing measures include barriers on ground floor doors, windows and access points and bringing in electrical services into the building at a high level so that plugs are located above possible flood levels. Consultation with your building control department is recommended when determining if flood proofing measures are effective.
Further information can be found in the Department for Communities and Local Government publications 'Preparing for Floods' and 'Improving the flood performance of new buildings'.
- Sustainability of the development
The purpose of the planning system is to contribute to the achievement of sustainable development. The NPPF recognises the key role that the planning system plays in helping to mitigate and adapt to the impacts of climate change, taking full account of flood risk and coastal change; this includes minimising vulnerability and providing resilience to these impacts. In making your decision on this planning application we advise you consider the sustainability of the development over its lifetime.

Comment Date: Fri 02 Dec 2016

Lead Local Flood Authority position
Having reviewed the Flood Risk Assessment and the associated documents which accompanied the planning application, we object to the granting of planning permission based on the following:


Inadequate Surface Water Drainage Strategy


The Drainage Strategy submitted with this application does not comply with the requirements set out Essex County Council's Outline Drainage Checklist.

Therefore the submitted drainage strategy does not provide a suitable basis for assessment to be made of the flood risks arising from the proposed development.

In particular, the submitted strategy fails to:

- Demonstrate a viable discharge location -Evidence should be provided to demonstrate that agreement in principle has been gained from land owners to access the nearby water course to facilitate discharge of surface water if access the nearby water course to facilitate discharge of surface water if infiltration is not possible. If neither of these options is available agreement in principle from the water company should be shown. It is not clear from the report where the undeveloped site discharges to.

- Provide sufficient evidence to support the proposed discharge rate. It is not clear what the current discharge rate is, Table 2 list the greenfield rate as 4.9l/s however it also shows the current discharge rate as being 4.1l/s. Since the site is currently a greenfield site these figures should match. There also appears to be a significant variation in the SPR values that have been used for the calculations in comparison to those in the HR Wallingford Greenfield Calculator. Evidence should be provided about how these revised figures were reached. Furthermore it is not clear whether flows from the site will include flows from the permeable areas of the development. If these flows are managed outside of the positive drainage system then the discharge rate should be revised to reflect the impermeable area of the site.

Historically 5l/s was applied to an outlet where Qbar was lower than 5l/s, as most devices would require an outlet orifice size smaller than 50mm,which would increase the susceptibility of blockage and failure. There are now vortex flow control devices which can be designed to a discharge at 1.0l/s, with 600mm shallow design head and still provide a more than 50mm orifice
diameter. Furthermore, it is expected that appropriate measure should be put in place to remove materials that are likely to cause blockage before they reach the flow control device.

- Provide sufficient attenuation storage - The current design doesn't provide an allowance for urban creep. Further adjustment to the proposed storage volumes may be necessary based on the comments above.

We also have the following advisory comments:

- It is stated that certain features would be lined however it is recommended that unless there is a concern about contamination that unlined features would be more appropriate as they may still provide some infiltration even if the permeability levels of the site are low.

Any questions raised within this response should be directed to the applicant and the response should be provided to the LLFA for further consideration. If you are minded to approve the application contrary to this advice, we request that you contact us to allow further discussion and/or representations from us.

Essex Wildlife Trust Ltd

Comment Date: Thu 09 Feb 2017

Thank you for consulting Essex Wildlife Trust in regard to the above application. We wish to submit a holding objection to this proposal. Our reasons are as follows:

o Protected species surveys have not been undertaken
o Insufficient provision of green buffers, natural planting or other features to protect the boundary hedgerows and avoid a net loss in biodiversity

Protected species

The Extended Phase 1 Habitat Survey report (Green Shoots Ecology) advises that protected species surveys are required for bats, dormice and reptiles. It is particularly important that effective survey effort is conducted to establish whether hazel dormice are present on the site before any decision is made regarding this application.

Dormice are protected under Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) and Schedule 2 of The Conservation of Habitats and Species Regulations 2010 making Dormice a European Protected Species.

This means that all competent authorities, when exercising their functions, must have regard to the requirements of the Habitats Directive (See Regulation 9(5) of the 2010 Habitats Regulations).

Dormice are protected by law because their numbers and distributional range have declined by at least half during the past 100 years. This decline still continues in some regions.

There are a number of development activities which can affect dormice and these should be fully considered at the application stage. In general, the greater the predicted impact, the greater the level of mitigation will be required.

An assessment of dormice should, therefore, be considered at an early stage on any sites that may support them. A survey for dormice is required when background information on distribution suggests that they may be present within, or close to the application site. Local Planning Authorities should request surveys and mitigation plans before making a decision on planning applications. Planning conditions and/or obligations should be imposed on consents to ensure effective dormouse conservation.

The potential presence of dormice should be assessed when development, habitat management or land-use change is planned that affects any type of woodland, hedgerow or scrub. Dormice are vulnerable to woodland and hedgerow management operations. They also hibernate on or under the ground from about October until March or April and are thus affected by ground disturbance in winter and early spring.

A dormouse survey should be carried out at the earliest possible opportunity as mitigation measures may depend on the season and may not be easily accommodated into works timetables later. As the dormouse is a European protected species, a licence may be required to permit activities that would otherwise be illegal. All surveys should be undertaken by suitably experienced, and where necessary, licensed surveyors.

When considering applications for planning permission, planning authorities should take account of the presence of dormice. Planning permission should be refused if a suitable survey to assess the impact of a development on dormice has not been carried out. Local authorities should request applicants to instigate such a survey before determination rather than adding it afterwards as a condition of approval.

In some situations, developments may not remove habitat directly but could degrade the quality of the habitat. In such situations, the development proposals should seek to enhance dormouse habitat through hedgerow planting, tree planting, planting of food/ nesting material plants, for example.

To minimise the impacts, the removal of hedges and large, fruiting hazel and oak trees should be minimised. The planting of mixed shrub hedges, linking isolated copses and individual trees will help ensure connectivity between dormouse populations and alternative food sources (planting should begin as early as possible after, if not prior, to development to allow time for new shrubs to flower and fruit and provide food for dormice). Provision of suitable nest boxes will help dormice adjust to newly created or modified habitat surroundings, particularly where new plantings mean a scarcity of natural tree hollows.

Achieving biodiversity net gain

The application fails to demonstrate a commitment to seeking a net gain in biodiversity. From examination of the Indicative Site Layout it is clear that there is insufficient provision within the site for natural planting. It is of particular concern that there is a lack of any green buffers between the boundaries of rear gardens and the important hedgerows which border the site. In the absence of any landscape buffers, this hedgerow habitat will be at risk of becoming degraded due to damage, inappropriate pruning, disturbance of the wildlife it supports (including increased predation by domestic cats) and dumping of garden rubbish (fly-tipping). This will result in a net loss to biodiversity.

We would respectfully advise that the masterplan should include a robust, protective landscape buffer to conserve the wildlife value of the hedgerow habitats on the site and mitigate the impacts of the development. The overall aim should be towards achieving a net gain in biodiversity.

There is a statutory basis for planning to seek to minimise impacts on biodiversity and provide net gains in biodiversity wherever possible.

Section 40 of the Natural Environment and Rural Communities Act 2006 places a duty on all public authorities in England and Wales to have regard, in the exercise of their functions, to the purpose of conserving biodiversity. A key purpose of this duty is to embed consideration of biodiversity as an integral part of policy and decision making throughout the public sector, which should be seeking to make a significant contribution to the achievement of the commitments made by Government in its Biodiversity 2020 strategy
The National Planning Policy Framework (NPPF) is clear that pursuing sustainable development includes moving from a net loss of biodiversity to achieving net gains for nature, and that a core principle for planning is that it should contribute to conserving and enhancing the natural environment and reducing pollution.
The NPPF includes the following statements on achieving net gains in biodiversity:

NPPF paragraph 7 states:
"There are three dimensions to sustainable development: economic, social and environmental. These dimensions give rise to the need for the planning system to perform a number of roles:

o an environmental role - contributing to protecting and enhancing our natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy."
NPPF paragraph 8 states:
"to achieve sustainable development, economic, social and environmental gains should be sought jointly and simultaneously through the planning system?"

NPPF paragraph 9 states:
"Pursuing sustainable development involves seeking positive improvements in the quality of the built, natural and historic environment, as well as in people's quality of life, including (but not limited to):
o moving from a net loss of bio-diversity to achieving net gains for nature;

NPPF paragraph 17 states:
"Within the overarching roles that the planning system ought to play, a set of core land-use planning principles should underpin both plan-making and decision-taking. These 12 principles are that planning should:
??.contribute to conserving and enhancing the natural environment"

NPPF paragraph 109 states:
"The planning system should contribute to and enhance the natural and local environment by:
minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government's commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures;"

NPPF paragraph 114 states:
"Local planning authorities should:
o set out a strategic approach in their Local Plans, planning positively for the creation, protection, enhancement and management of networks of biodiversity and green infrastructure?."

NPPF paragraph 118 states:

"When determining planning applications, local planning authorities should aim to conserve and enhance biodiversity by applying the following principles:
o if significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, then planning permission should be refused;??.
o opportunities to incorporate biodiversity in and around developments should be encouraged;"

NPPF paragraph 152 states:
"Local planning authorities should seek opportunities to achieve each of the economic, social and environmental dimensions of sustainable development, and net gains across all three."

NPPF paragraph 157 states:
"Crucially, Local Plans should:
o contain a clear strategy for enhancing the natural, built and historic environment, and supporting Nature Improvement Areas where they have been identified."

NPPF paragraph 187 states:
"?..Local planning authorities should work proactively with applicants to secure developments that improve the economic, social and environmental conditions of the area."

The NPPF sets out clearly that Local Plans must result in a net gain in biodiversity (eg paragraphs 7, 8, 9, 17, 109, 152 and NPPF guidance). In so doing the NPPF is putting in place the means to secure a contribution to the aims of the Natural Environment White Paper which states "We will move from net biodiversity loss to net gain" and specifically references the planning system.
Local Plans can only achieve a net gain in biodiversity if the vast majority of applications approved individually achieve a net gain in biodiversity. It is therefore reasonable to make a net gain in biodiversity an expectation of each and every application.

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