Application No: Location: Rowhedge Wharf, Former Rowhedge Port, Rowhedge, Colchester, Essex. Scale (approx): NOT TO SCALE

Transcription

1 Application No: Location: Rowhedge Wharf, Former Rowhedge Port, Rowhedge, Colchester, Essex 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

2 7.6 Case Officer: Sue Jackson MAJOR Site: Rowhedge Wharf, Former Rowhedge Port, Rowhedge, Colchester, Essex Application No: Date Received: 28 February 2014 Applicant: Development: Ward: Bloor Homes Proposed modified junction and upgraded access road for the former Hall Road, Road off Rectory Road, Rowhedge. East Donyland 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 it is a major application and objections have been received 2.0 Synopsis 2.1 The key issues explored below are the impact on the Local Wildlife site, protected species, preserved trees, highway issues, impact on neighbouring property and the surrounding area. 3.0 Site Description and Context 3.1 The site comprises an unmade concrete road known as the Rowhedge Wharf haul road which extends from Rectory Road to the site of the former wharf. The site also includes land either side of the road required to bring the road up to an adoptable standard, and to allow for embankments and swales and for the construction works to take place. The road is just over 1 km in length and is single width with passing places. Land either side of the haul road was used for mineral extraction but this use ceased many years ago. Since then the former pits have not been used or managed. A large part of the area is now woodland but it also includes water filled pits, scrub, grassland, and sandy banks. Land either side of the haul road has significant changes in level a result of the extraction work. This area is designated a Local Wildlife Site and is protected by a Tree Preservation Order (TPO).

3 4.0 Description of the Proposal 4.1 The proposal involves widening the haul road so it of sufficient width for a single lane in both directions with a pedestrian footway on the north side. The road will have traffic calming features to reduce vehicle speed to 20mph.Improvements are proposed to Rectory Road including the extension of the footway on the north side of Rectory Road, a pedestrian crossing for the site entrance to the new footway and white lining on Rectory Road. 4.2 To carry out the construction work required to bring the road to an adopted standard a narrow strip of the woodland area on either side of the road will be lost, an area of approx. 1.0 hectares. 4.3 A public right of way (PROW) crosses the haul road and a temporary diversion order will be required whilst construction work in this takes place on this part of the site. 4.4 The works to the haul road are required to serve the redevelopment of the wharf; a separate application has been submitted for the redevelopment. The application documents indicate the application for the works to the road has been submitted in advance of the redevelopment application to allow a decision to be made at an early stage as this is necessary to allow sufficient time to address ecological matters and for application for the appropriate licences to be submitted to Natural England. 4.5 The application documents include an Arboricultural Statement, Bat Survey, Great Crested Newt Survey, Dormouse Survey, Extended Phase 1 Habitat Survey, Badger Report and Mitigation, Non-licensed Species Method Statement, Woodland Management Plan, Design and Access Statement, Planning Statement, Site Waste Management Plan, Construction Management Plan, and Statement of Community Involvement. 5.0 Land Use Allocation 5.1 The woodland is a Colchester Local Wildlife site, and in the Coastal protection Belt. The site is protected by a TPO. 6.0 Relevant Planning History Application for 300 dwellings refused replacement of port for 170 dwelings mixed use development Withdrawn Redevelopment of part of former Rowhedge Port to provide 170 dwellings, a potential community facility building (use classes A1, A3, A4, B1, C3, D1), public waterfront area incorporating dinghy park, car park, viewing platform, public facilities, new river walland new subway, upgrade to access road from Rectory Road, new footpath from access road to existing recreation ground, internal roads, open spaces, drainage, landscaping and all ancillary works. This development includes an Environment Statement. current application

4 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 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 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 ENV1 - Environment ENV2 - Rural Communities ER1 - Energy, Resources, Waste, Water and Recycling 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 DP10 Tourism, Leisure and Culture DP15 Retention of Open Space and Indoor Sports Facilities DP17 Accessibility and Access DP20 Flood Risk and Management of Surface Water Drainage DP21 Nature Conservation and Protected Lanes 7.4 Further to the above, the adopted Site Allocations (2010) policies set out below should also be taken into account in the decision making process: SA H1 Housing Allocations 7.5 Regard should also be given to the following adopted Supplementary Planning Guidance/Documents: Cycling Delivery Strategy Rowhedge Wharf Development Brief

5 8.0 Consultations 8.1 The Highway Authority has no objection subject to conditions. 8.2 The Arboricultural Officer has no objection subject to conditions and compliance with the submitted reports. 8.3 Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development. The Wildlife and Countryside Act 1981 (as amended) The Conservation of Habitats and Species Regulations 2010 (as amended) Natural England s comments in relation to this application are provided in the following sections. Statutory nature conservation sites no objection This application is in close proximity to the Upper Colne Marshes Site of Special Scientific Interest (SSSI). Natural England is satisfied that the proposed development being carried out in strict accordance with the details of the application, as submitted, will not damage or destroy the interest features for which the site has been notified. We therefore advise your authority that this SSSI does not represent a constraint in determining this application. Should the details of this application change, Natural England draws your attention to Section 28(I) of the Wildlife and Countryside Act 1981 (as amended), requiring your authority to re-consult Natural England. Protected species We have not assessed this application and associated documents for impacts on protected species. Natural England has published Standing Advice on protected species. The Standing Advice includes a habitat decision tree which provides advice to planners on deciding if there is a reasonable likelihood of protected species being present. It also provides detailed advice on the protected species most often affected by development, including flow charts for individual species to enable an assessment to be made of a protected species survey and mitigation strategy. You should apply our Standing Advice to this application as it is a material consideration in the determination of applications in the same way as any individual response received from Natural England following consultation. The Standing Advice should not be treated as giving any indication or providing any assurance in respect of European Protected Species (EPS) that the proposed development is unlikely to affect the EPS present on the site; nor should it be interpreted as meaning that Natural England has reached any views as to whether a licence may be granted. If you have any specific questions on aspects that are not covered by our Standing Advice for European Protected Species or have difficulty in applying it to this application please contact us with details at consultations@naturalengland.org.uk. Local sites If the proposal site is on or adjacent to a local site, e.g. Local Wildlife Site, Regionally Important Geological/Geomorphological Site (RIGS) or Local Nature Reserve (LNR) the authority should ensure it has sufficient information to fully understand the impact of the proposal on the local site before it determines the application.

6 Biodiversity enhancements Local sites If the proposal site is on or adjacent to a local site, e.g. Local Wildlife Site, Regionally Important Geological/Geomorphological Site (RIGS) or Local Nature Reserve (LNR) the authority should ensure it has sufficient information to fully understand the impact of the proposal on the local site before it determines the application. Biodiversity enhancements This application may provide opportunities to incorporate features into the design which are beneficial to wildlife, such as the incorporation of roosting opportunities for bats or the installation of bird nest boxes. The authority should consider securing measures to enhance the biodiversity of the site from the applicant, if it is minded to grant permission for this application. This is in accordance with Paragraph 118 of the National Planning Policy Framework. Additionally, we would draw your attention to Section 40 of the Natural Environment and Rural Communities Act (2006) which states that Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity. Section 40(3) of the same Act also states that conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat. Landscape enhancements This application may provide opportunities to enhance the character and local distinctiveness of the surrounding natural and built environment; use natural resources more sustainably; and bring benefits for the local community, for example through green space provision and access to and contact with nature. Landscape characterisation and townscape assessments, and associated sensitivity and capacity assessments provide tools for planners and developers to consider new development and ensure that it makes a positive contribution in terms of design, form and location, to the character and functions of the landscape and avoids any unacceptable impacts. An application may provide opportunities to incorporate features into the design which 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 A response has not been received from the parish council Representations objections have been received and the issues raised are summarised below 10.2 Colchester Ramblers comment: Public Rights of Way are affected, East Donyland footpath 21 which runs adjacent to the haul road at a width of not less than two metres and then crosses it towards the site of St. Laurence church. Path 33 also joins in at this point. Neither path is obvious on the diagrams. We would expect the existing widths to be retained and safe facilities for crossing the road (dropped kerbs etc.) to be included at the relevant point. Temporary diversions should be applied for in the usual manner whilst the works are ongoing.

7 10.3 Spinney Hill Residents Association 98 to 112 Rectory Road The redevelopment of Hall Road affects residents in houses 98 to 112 Rectory Road the most in Rowhedge and will have the greatest detrimental impact to us. The whole planning application should have been submitted together, the application for the proposed housing development (phase one and phase two) plus the application for the road should be viewed collectively in order to appreciate the total impact of the development. The original Rowhedge Port Development Brief looked at the overall effect of the redevelopment as a whole and we suggest that the Planning Committee familiarise themselves with this document before considering any application on this site Alternative routes should be proposed. Hall Road is being used as the only route in and out of the new development and we request that residents of the development be allowed to access the new development via High Street (no PSVs or HGVs) The Hall Road should have an approved adopted Highways Authority certification before the first dwelling is occupied. We are very concerned about the implications of the increase in traffic movements that the new development will generate to both the village of Rowhedge and the surrounding areas. We request that the speed limit is reduced on Fingringhoe Road from 60mph to 30mph from Fingringhoe to Old Heath (at least past the top of Rectory Road and adjacent woodland where a footpath crosses the Fingringhoe Road). We also request that a mini roundabout be constructed at the cross roads of Fingringhoe Road, Rectory Road and Weir Lane. The proposed pedestrian crossing at the west end of Hall Road is currently outside of the 30mph limit and we believe the 30mph limit should be extended further towards Fingringhoe Road. There should be a pedestrian crossing across Hall Road on the route of the public footpath to the cemetery The proposed position of the traffic calming chicane located adjacent to 100 Rectory Road and request that it is moved further east to avoid cars from braking outside houses and to avoid the brow of the hill to ensure adequate visibility. Noise, light and air pollution will be greatly increased due to this development, especially affecting houses 98 to 112 Rectory Road There is a blanket Tree Preservation Order on the woodland that borders the current Hall Road. This woodland is also the habitat of large amounts of wildlife including several protected species and these issues must be addressed before changes or improvements are made to the Hall Road. Requests: Hall Road will be served by a bus service and we request there be no bus stops positioned on Hall Road. Construct a brick wall to run the length of houses numbers 100 to 112 (line to be agreed) to maximise the sound attenuation of the traffic. Look at the proposed location of the street lighting to minimise the impact on residents (move the proposed street light from outside house number 112 to a new position and do not put street lights immediately outside of 102 and 100 as they are extremely close to Hall Road).

8 Move chicane to a position further east away from house number 100. Re-align bus turning circle to accommodate large vehicles and prevent damage to the grass verge. To dress the completed new Hall Road with acoustic tarmac. To install a barrier to the west end of Hall Road which will be locked outside of working hours to avoid motor bikes being brought in during the construction period and to avoid fly tipping (both which have been a problem in the past when the road had not been in regular use). Request that we are informed about the date and location of the planning application meeting. Adoption of a scheme to prevent motorbikes from using the woods. No parking on the length of the road (as cars will park to walk their dogs, making the road more dangerous and disturbing residents, plus it will make it easier for motorbikes to be brought in vans or on trailers). Please look at the opportunity to transport some materials by the river to reduce the road traffic during construction Residents of Rectory Road have raised similar objections and in addition: Applicants do not own the haul road and this could cause difficulties during construction Road junction looks inadequate Light pollution A copy of the plans for the road to identify were the boundries are set, due to my land currently being on the existing Wharf road. This road would greatly effect the landscape and cause injury to the animals. Barriers would look unsightly and not in keeping. Wild life cross the road mainly at night including badgers, foxes and deer (we do have photographic evidence). Wild life will be affected greatly by making this road the access to the Wharf development It will destroy protected and priority species. The proposed chicanes would mean traffic slowing down as it approaches them or stop whilst waiting for an oncoming vehicle will create fumes as well as added noise outside adjacent property as a calming measure is to be situated agree on suitable positioning of the chicane so that this will be avoided A street light is proposed to be situated on the footpath planned to run along the length of the road. The position of the light would mean the it would shine directly into the bedrooms and other rooms at the front. Repositioning of the street light would need to be considered. Management of Rowhedge Pits should include the provision of an area established and managed to encourage outdoor education for the young people of the village, including Forest Schools. Such a facility would provide a genuine enhancement of educational resources in the village and lead to many benefits, including a greater appreciation of and responsibility for, the natural world. The full text of all of the representations received is available to view on the Council s website.

9 11.0 Parking Provision 11.1 N/A 12.0 Open Space Provisions 12.1 N/A 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 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. It was considered that no Planning Obligations were required Report Background 15.1 A development brief for the former wharf and adjacent industrial land was adopted in 2004 Rowhedge Port Development Brief - and at that time these areas were within a Regeneration Area. An improved haul road was identified as the only acceptable means of access These areas are now allocated for predominantly residential purposes. The applicants have recently submitted an application for the redevelopment of the former wharf and this will be reported to the planning committee in due course. The former industrial land is in separate ownership and it is anticipated that if the redevelopment of the wharf is approved an application to development the industrial land will then be submitted. The new road has been designed so it is of a standard to accommodate vehicle movements generate by both of these sites. The works to the road include an access stub to the industrial land. With the exception of the land required for the road works the woodland is not within the control of the applicant. Design and Layout 15.3 Whilst the principle of access to the residential allocated former wharf and industrial land is acceptable the road passes through a sensitive area in respect of levels, ecology, and trees and part is close to the rear gardens of houses at the top end of Rectory Road. Its design therefore requires careful consideration. It is unusual to have drawings to road adoption standard submitted at the planning application stage but in this case it is considered essential so the case officer, the planning committee and other interested parties can understand the impact of these works.

10 15.4 The improved road is over 1 kilometre in length the carriageway is 6 metres reducing to 3 metres at pinch points designed to reduce traffic speeds. The application currently indicates 6 pinch points. The Highway Authority considers this is insufficient to satisfactorily reduce traffic speed. Additional pinch points will be required. This will not impact on the loss of trees or ecology as the road will be narrowed at these points. It has a single footway on the north side with widened refuse zones at the carriageway pinch points. Provision is made for a footpath link from the road to the village school and recreation ground. The design of the road is suitable for all vehicles including buses. Part of the adjacent land is at a lower, some sections are close to water filled areas, there are preserved trees close to some sections of the road and within the woodland there are protected species. Ecological and tree surveys have been carried out 10 metres each side of the haul road to evaluate the retained trees, embankments and cuttings, although the area required for the construction work is much less than the10 metres surveyed. Trees and Ecology 15.5 The application documents include an Arboricultural Statement, Extended Phase 1 Habitat Survey Bat Survey, Great Crested Newt Survey, Dormouse survey, Badger Report and Mitigation. The former sets out the impact on the preserved trees and proposed mitigation. The Phase 1 survey has informed the requirement for the other species surveys and these documents set out the impact and mitigation proposals. These documents satisfy the standing advice issued by Natural England. The case office has sought clarification from Natural England in respect of badgers in particular badger tunnels. As a result the applicant consultant has clarified this issue and this is corrected by condition.. Badger Reports indicates that these are no badgers within or affected by the development area. The Arboricultural Report indicates that approx. 2.0 hectares of the 27 hectare woodland will be lost during construction but that after construction 50% of the cleared area could be replanted resulting in a loss of 1.0 hectares. 2.0 hectares represents 7.4% of 27 hectares and 1.0 hectares 3.7% of the 27 hectare total woodland area. The report indicates that the road passes through an area of relatively young mixed broadleaf woodland dominated by silver birch and goat willow. Trees to be lost include oak, aspen, poplar, crack willow and silver birch. The loss of the woodland edge will compensated for by new planting which will help to restructure the woodland corridor. Some felled trees will be stacked to provide dead wood habitats. The documents set out details of tree protection, management works and replanting proposals. The Bat Survey indicates there are no bats roosts or signs of bats in or emerging from the trees adjacent to the road. The report recognises lighting of the road may impact on bats foraging or commuting along the road and recommends any lighting is low height and avoids light spill. The applicant is aware of this requirement and has agreed that the standard ECC lighting will not be approved and that a licence from and contribution to the Highway Authority will be necessary. A condition is proposed to secure the precise details of the lighting to be submitted to and agreed by the Local

11 Planning Authority, road lighting would normally be agreed by the Highway Authority as part of the road adoption procedures. The Dormouse Survey concluded there is no evidence of hazel dormice along or close to the route of the new road but precautionary mitigation is proposed. The Great Crested Newt Survey concluded that the development site does not contain features suitable for use as foraging or hibernation sites for Great Crested Newts. However, the mitigation strategy includes newts removed from the road during the works and the installation of a newt fence and pitfall traps. Impacts on Neighbouring Properties 15.6 The objections from neighbours are set out above and include highway safety issues and impact on residents amenity. The Highway Authority is responsible for assessing highway safety, the works to Rectory Road as well as the design of the road and location and number of calming pinch points. The latter dictated by the geometry of the road and safety considerations When the haul road provided access to the wharf it was used by large commercial vehicles, and when the wharf closed it was used by large vehicles delivering goods and picking up goods for the warehouse use. An adopted improved road and access is required to serve the land allocated for residential purposes. Vehicular access via the High Street is not acceptable. Access to the site from High Street would involve driving the full length of the road which is narrow, for most of its length has no pedestrian footways and has on-road parking. Access via High Street would be unacceptable to the Highway Authority and Planning Authority. There is no other suitable access The road is designed so it is suitable for buses. The bus operators will make the decision whether to include it on the bus route. The proposal does not indicate a bus stop along the road and it is unlikely there would be a requirement for a stop along the road The applicant has submitted a plan showing the extent of road in relation to the boundary with the rear of neighbouring properties in Rectory Road and states that it demonstrates that the road works are within land they own or control. In any event land ownership disputes are not a planning matter As discussed above the lighting of the road will be low height and designed to avoid spill The wharf wall has not been maintained for several years nor has the river been dredged and it may be impracticable to use the river for delivering material for these and other reasons. Whilst a condition is suggested requiring the applicant to investigate this further it is anticipated delivery by river is unlikely If planning permission is granted for the redevelopment of the wharf both the Planning Authority and Highway Authority will require the prior construction of the road Whilst a Woodland Management Plan has been submitted the implementation of appropriate management will be secured if the redevelopment proposal is secured, the works to the road will not proceed unless redevelopment of the wharf site is approved.

12 15.14 Whilst the re-use of the road will have an impact on residents at the top end of Rectory Road whose properties back onto the road the road has been used for heavy commercial vehicles and complaints were receive due to noise as a result of speeding vehicles and the roads concrete construction. The proposal is for a traffic calmed adopted highway It is considered the impact on residents will be limited. Impact on the Area There will be benefits to the area from the highway improvements proposed for Rectory Road. Whilst there will be traffic generated along the existing roads this has to be considered in the context of the previous uses of the wharf site and the type and number of vehicles movements generated Conclusion 16.1 The proposal will result in highway improvements to Rectory Road and an improved access to the wharf and industrial areas. These areas are allocated for residential use and an improved haul road is the only suitable means of access. The impact on residents amenity is not considered to be severe. The works required to bring the road to an adopted standard will result in the long term loss of less than 4% of the total woodland area. The TPO was imposed to prevent the large scale removal of trees and it has been accepted that minor loss would result from the redevelopment of the wharf areas. The application includes details reports setting out the impact on trees and protected and non-protected species and proposed mitigation measures. These reports are robust they demonstrate the impacts are minimal and the mitigation appropriate. Licenses from Natural England will also be required Recommendation 17.1 APPROVE 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 identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, 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.

13 2 - *Development to Accord With Approved Plans The development hereby permitted shall be carried out in accordance with the details shown on the submitted Drawing Numbers S SLABP; 1105/04/11,12,15,16,17,19,27 and 28 and the following documents ADAS documents; non licensed method statement for Hazel Dormice, Great Crested Newt Survey, Badger Survey and Mitigation, Extended Phase 1 Habitat Survey and Protected Species Assessment, Bat Activity Survey and Mitigation, Arboricultural Planning Statement, Woodland Management Plan is so far as it relates to the application, Site Waste Management Plan Construction Management Plan. Reason: For the avoidance of doubt as to the scope of this permission and in the interests of proper planning. 3 - Non-Standard Condition/Reason Notwithstanding condition 2 above approval is not given for the area to be adopted by the Highway Authority or the number and location of speed reduction measures. Reason: To avoid doubt as to the scope of the consent hereby granted. 4 - Non-Standard Condition/Reason Prior to the commencement of development details of kerb to be used shall be submitted to the local planning authority for approval in consultation with the highway authority. The approved kerb shall be used in the construction. Reason: The Marshalls Titan kerb indicated is not suitable for buses and to ensure the kerb used does not require safety barriers as these barriers would not be acceptable. 5 - Non-Standard Condition/Reason No works shall take place until all trees, shrubs and other natural features not scheduled for removal on the approved plans have been safeguarded behind protective fencing in accordance with the submitted information an BS All agreed protective fencing shall thereafter be maintained during the course of all works on site and no access, works or placement of materials or soil shall take place within the protected area(s) without prior written consent from the Local Planning Authority. Reason: To safeguard existing trees, shrubs and other natural features within and adjoining the site in the interest of amenity. 6 - Non-Standard Condition/Reason No burning or storage of materials shall take place where damage could be caused to any tree, shrub or other natural feature to be retained on the site or on adjoining land (see BS 5837). Reason: To protect the health of trees, shrubs and other natural features to be retained in the interest of amenity.

14 7 -Non-Standard Condition/Reason All works and development shall be carried out in accordance with the submitted Arboricutural Planning Statement, Arboricultural Implications Assessment, Arboricultural Method Statement and Tree Protection Plan. An Arboricultural Consultant shall be retained to monitor and periodically report to the LPA, the status of all tree works, tree protection measures, and any other arboricultural issues arising during the course of development. The development shall then be carried out strictly in accordance with the approved method statement. Reason: To adequately safeguard the continuity of amenity afforded by existing trees. 8 - Non-Standard Condition/Reason Prior to commencement of the development hereby permitted details of all lighting of the development (including resultant sky glow, light trespass, source intensity and building luminance) shall be submitted to, and agreed in writing by, the Local Planning Authority in consultation with the Highway Authority. Any installation shall thereafter be retained and maintained as agreed therein. Reason: In order to allow a more detailed technical consideration of the lighting to ensure adequate safeguarding of the amenity of nearby properties and to prevent the adverse effects of light pollution on wildlife in particular bats. 9 - Non-Standard Condition/Reason Prior to the commencement of development a detailed assessment of the practicality of bringing construction material to and from the site by river (to the former Rowhedge Wharf frontage) shall be submitted to the Local Planning Authority for approval. Construction materials shall be transported to the site in accordance with the approved report. Reason To ensure a sustainable method of transporting material to and from the site Non-Standard Condition/Reason Prior to the commencement of development details of the work, including an implementation timetable, to be carried out where East Donyland footpath 21 crosses the road, to provide a safe crossing point, shall be submitted to the local planning authority for approval in consultation with the highway authority. The approved works shall be implemented in accordance with the approved timetable r Reason: To ensure the safety of users of the footpath. 11 Non Standard Condition Prior to commencement of the development details of a wheel cleaning facility within the site and adjacent to the egress onto the highway shall be submitted to and approved in writing by the Local Planning Authority. The wheel cleaning facility shall be provided prior to commencement and during construction of the development Reason: To protect highway efficiency of movement and safety in accordance with policy DM1 of the Highway Authority s Development Management Policies as adopted as County Council Supplementary Guidance in February 2011.

15 12 Non Standard Condition No commencement of the development shall take place until details of the following have been submitted to and approved in writing by the Local Planning Authority: a) A traffic calming measure at minimum 65 metre intervals along the full length of the access road b) The extent of land to be adopted as highway c) Any street lighting, including any lighting required for street furniture d) Any swales e) Kerb types and any vehicle restraint measures The development shall be completed in accordance with the agreed details Reason: To protect highway efficiency of movement and safety in accordance with policy DM1 of the Highway Authority s Development Management Policies as adopted as County Council Supplementary Guidance in February 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 (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. (4) PLEASE NOTE: It is likely that a protected species may be present at the site, which are fully protected by the Wildlife and Countryside Act (1981). Further advice on surveys and compliance with the legislation can be obtained from Natural England, Harbour House, Hythe Quay, Colchester CO2 8JF, Tel (5) PLEASE NOTE that it is understood that a badger sett exists within or adjacent to the application site. Badgers are a statutorily protected species, and it is the developer s responsibility to ensure the requirements of the Badgers Act 1991 are fully complied with. (6) PLEASE NOTE that it is understood that bat roosts exist within the application site. Bats are a statutorily protected species, and it is the developer s responsibility to ensure the requirements of the Wildlife and Countryside Act 1981 which relate to the protection of bats and their roosts are fully complied with.

16 (7) PLEASE NOTE that it is understood that a habitat for great crested newts exists within the application site. Great crested newts are a statutorily protected species, and it is the developer s responsibility to ensure the requirements of the Wildlife and Countryside Act 1981 which relate to the protection of great crested newts and their habitat are fully complied with. (8) PLEASE NOTE: The applicant/developer is advised that the application site is, or appears to be, affected by the existence of a public right of way. It should be noted that: (i) it is an offence to obstruct or divert a public right of way (or otherwise prevent free passage on it) without the proper authority having been first obtained. In the first instance contact should be made with the Public Rights of Way Office, Highways and Transportation Services, Essex County Council, County Hall, Chelmsford, Essex CM1 1QH. The telephone number is (ii) The granting of planning permission does not authorise the undertaking of any work on a public right of way. Where it is necessary for a right of way to be stopped-up or diverted in order that development may take place, no work may take place upon the line of the right of way until an appropriate order has been made and confirmed (see (i) above). The applicant/developer should note that there is a charge for making a change to the rights of way network. (iii) Where a private means of access coincides with a public right of way, the granting of planning permission cannot authorise the erection of gates across the line or the carrying out of any works on the surface of the right of way and that permission for any changes to the surface must be sought from the highway authority (Essex County Council). (9) PLEASE NOTE: This site is the subject of a Tree Preservation Order. (10) Informatives from Highway Authority Prior to any works taking place in the highway the developer should enter into an agreement with the Highway Authority under the Highways Act 1980 to regulate the construction of the highway works All or some of the above requirements may attract the need for a commuted sum towards their future maintenance (details should be agreed with the Highway Authority as soon as possible) All highway related details should be agreed with the Highway Authority Under Section 23 of the Land Drainage Act 1991, prior written consent from the Lead Local Flood Authority (Essex County Council) is required to construct any culvert (pipe) or structure (such as a dam or weir) to control or alter the flow of water within an ordinary watercourse. Ordinary watercourses include ditches, drains and any other networks of water which are not classed as Main River If the applicant believes they need to apply for consent, further information and the required application forms can be found at Alternatively they can any queries to Essex County Council via watercourse.regulation@essex.gov.uk Planning permission does not negate the requirement for consent and full details of the proposed works will be required at least two months before the intended start date.