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21/01098/FUL | The erection of a detached dwelling, garage, landscaping and associated works. | Land North Of Crabbs Farm Back Lane Wickham Bishops Essex
  • Total Consulted: 6
  • Consultees Responded: 5

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Wickham Bishops Parish Council

Comment Date: Mon 16 May 2022

Wickham Bishops Parish Council notes the clarification of land ownership. However, our position remains the same and we recommend REFUSAL on the following grounds:
o The proposed development would detrimentally alter the character of the area and have an unacceptable visual impact on this greenfield site, the surrounding countryside and Crabbs Farm itself, contrary to policies S8, D1 and H4 of the LDP and the guidance contained within the NPPF.
o The application site lies within a rural location outside of a defined settlement boundary, contrary to Policy S8 of the Local Development Plan. It did not meet any of the criteria for an exception set out in that Policy.
o The application is contrary to Policy WBEn04 of the Wickham Bishops Neighbourhood Plan in that it would not "maintain the open character and appearance of its setting". Also, Policy WBH01 in that it fails to "respect the local character, historic setting and natural assets of the local area".
We understand there are doubts over ownership of the shared access driveway and would

Tree Consultant

Comment Date: Mon 04 Apr 2022

The tree report satisfactorily identifies the tree constraints and measures to protect and work around them. I have no objection as long as the tree protection measures are followed, and the 'No Dig' drive is used where it crosses the root protection area of T1.

As long as the protection measures provided in the report are followed there should be no issues.

County Highways

Comment Date: Wed 30 Mar 2022

I did not complete a site visit but I have reviewed the visibility. The issue I had with this application is that we previously permitted a new dwelling under planning application ref 20/00490/FUL which would use the same access. It is therefore considered that a precedent has been set and would therefore be difficult to defend a reason for refusal.

Comment Date: Fri 18 Mar 2022

As far as can be determined from the details submitted, the proposal is located on a privately owned road and will not alter the existing access with the local highway network, therefore:
From a highway and transportation perspective the impact of the proposal is acceptable to the Highway Authority.
Notes:
o All highway related details shall be agreed with the Highway Authority
o All works affecting the highway to 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 addressed for the attention of the Development Management Team at SMO2 - Essex Highways, Springfield Highways Depot, Colchester Road, Chelmsford. CM2 5PU or emailed to development.management@essexhighways.org

Wickham Bishops Parish Council

Comment Date: Mon 28 Mar 2022

Objections have been received from 5 residents. Wickham Bishops Parish Council recommends REFUSAL on the following grounds:
o The proposed development would detrimentally alter the character of the area and have an unacceptable visual impact on this greenfield site, the surrounding countryside and Crabbs Farm itself, contrary to policies S8, D1 and H4 of the LDP and the guidance contained within the NPPF.
o The application site lies within a rural location outside of a defined settlement boundary, contrary to Policy S8 of the Local Development Plan. It did not meet any of the criteria for an exception set out in that Policy.
o The application is contrary to Policy WBEn04 of the Wickham Bishops Neighbourhood Plan in that it would not "maintain the open character and appearance of its setting". Also, Policy WBH01 in that it fails to "respect the local character, historic setting and natural assets of the local area".
We understand there are doubts over ownership of the shared access driveway and would like to draw this to MDC's attention.

Environmental Health

Comment Date: Thu 24 Feb 2022

I have no objection in principle to the proposed development.
If permission is granted, please would you include the following conditions and
informatives.
CONDITIONS
1 Surface Water Drainage
No development works above ground level shall occur until details of the
surface water drainage scheme to serve the development shall be submitted to
and agreed in writing by the local planning authority. The agreed scheme shall
be implemented prior to the first occupation of the development. The scheme
shall ensure that for a minimum:
1) The development should be able to manage water on site for 1 in 100-year
events plus 40% climate change allowance.
2) Run-off from a greenfield site for all storm events that have a 100% chance
of occurring each year (1 in 1 year event) inclusive of climate change should be
no higher than 10/ls and no lower than 1/ls. The rate should be restricted to the
1 in 1 greenfield rate or equivalent greenfield rates with long term storage
(minimum rate 1l/s) or 50% betterment of existing run off rates on brownfield
sites (provided this does not result in a runoff rate less than greenfield) or 50%
betterment of existing run off rates on brownfield sites (provided this does not
result in a runoff rate less than greenfield)
You are advised that in order to satisfy the soakaway condition the following
details will be required:- details of the area to be drained, infiltration rate (as
determined by BRE Digest 365), proposed length, width and depth of
soakaway, groundwater level and whether it will be rubble filled.
Where the local planning authority accepts discharge to an adopted sewer
network you will be required to provide written confirmation from the statutory
undertaker that the discharge will be accepted.
2. Foul Drainage
No development works above ground level shall occur until details of the foul
drainage scheme to serve the development shall be submitted to and agreed in
writing by the local planning authority. The agreed scheme shall be
implemented prior to the first occupation of the development.
3 Prior to the commencement of the development the applicant shall submit in
writing a construction management plan to the local planning authority for
approval. Within the construction management plan it must consider the
following requirements:
The applicant should ensure the control of nuisances during construction works
to preserve the amenity of the area and avoid nuisances to neighbours and to
this effect:
a) no waste materials should be burnt on the site, instead being removed by
licensed waste contractors.
b) no dust emissions should leave the boundary of the site.
c) consideration should be taken to restricting the duration of noisy activities
and in locating them away from the periphery of the site.
d) hours of works: works should only be undertaken between 0730 hours and
1800 hours on weekdays; between 0800 hours and 1300 hours on Saturdays
and not at any time on Sundays and Public Holidays.
If it is known or there is the likelihood that there will be the requirement to work
outside of these hours or there will be periods where the will be excessive noise
that will significantly impact on sensitive receptors Environmental Health at
Maldon District Council must be notified prior to the works as soon as is
reasonably practicable. The developer is advised to consult nearby sensitive
noise premises and may be advised to apply for a Prior Consent under Section
61 of the Control of Pollution Act 1974.
Care must be taken to prevent the pollution of ground and surface waters. This
will include during works and the location of any hazardous materials including
fuel from vehicles and equipment.
Where any soils that are known to be contaminated are being excavated or
exposed a site waste plan must be prepared in order to store treat and dispose
of the materials in accordance with the waste duty of care. It is recommended
that advice is sought from the Environment Agency on this matter.
Where there is requirement for dewatering the site, the relevant consent must
be sought from the Environment Agency
Where there is a requirement to obstruct or alter watercourses a consent under
section 23 of the Land Drainage Act must be obtained from Essex County
Council.
INFORMATIVES
1 Refuse and Recycling
The applicant should consult the Waste and Street Scene Team at Maldon
District Council to ensure that adequate and suitable facilities for the storage
and collection of domestic waste and recyclables are agreed, and that the site
road is constructed to accommodate the size and weight of the Council's
collection vehicles.
2. Land Contamination
Should the existence of any contaminated ground or groundwater conditions
and/or hazardous soil gases be found that were not previously identified or not
considered in a scheme agreed in writing with the Local Planning Authority, the
site or part thereof shall be re-assessed and a scheme to bring the site to a
suitable condition shall be submitted to and agreed in writing with the Local
Planning Authority. A "suitable condition" means one in that represents an
acceptable risk to human health, the water environment, property and
ecosystems and scheduled ancient monuments and cannot be determined as
contaminated land under Part 2A of the Environmental Protection Act 1990 now
or in the future.
The work will be undertaken by a competent person in accordance with the
Essex Contaminated Land Consortium's Land Contamination Technical
Guidance for Applicants and Developers and UK best-practice guidance.
3. Small Sewage Treatment Plants
When a sewage treatment plant or septic tank is installed the applicant must
ensure that the plant and receiving watercourse complies with DEFRA's
general binding rules. Please note that if the general binding rules cannot be
complied with you may need to apply for an Environmental Permit to use the
system. Please see www.gov.uk for more information on General binding rules
for small sewage discharges.
4. Alteration to an Ordinary Watercourse
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 you believe you need to apply for consent, further information and the
required application forms can be found at www.essex.gov.uk/flooding.
Alternatively, you can email 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 work you propose will be required at least two months before you
intend to start.
5. Timing of submission of details
It is recommended that the developer seeks to discharge conditions at the
earliest opportunity and in many respects, it would be logical to do so before
development commences. This is particularly the case with conditions which
begin with the wording "no development works above ground level shall occur
until?" because this will help to ensure that the developer does not go to the
risk of incurring costs from commencing development and then finding issues
which are difficult to comply with or which may then require the correction of
works that have been undertaken.

Ecology - Countryside And Coast

Comment Date: Thu 24 Feb 2022

Thank you for consulting Place Services on the above application.
No objection subject to securing
a) A financial contribution towards visitor management measures on the Blackwater Estuary SPA and Ramsar site
b) biodiversity mitigation and enhancement measures
Summary
We have reviewed the Preliminary Ecological Appraisal (T4 Ecology Ltd, January 2022) supplied by the applicant, relating to the likely impacts of development on designated sites, protected & Priority habitats and species, and identification of proportionate mitigation.
We note that this development is predicted to have an impact on designated sites and will require delivery of mitigation measures at the coastal Habitats sites. The site location is within the Zone of Influence for the Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) and the development is for residential purposes, so it is relevant to the advice issued by Natural England to the Council. This is confirmed on Magic maps (https://magic.defra.gov.uk) and the LPA should seek a financial contribution from the developer in line with the per dwelling tariff.
The Essex Coast RAMS identifies necessary measures to avoid and mitigate for adverse effects on the integrity of Habitats Sites (Blackwater Estuary SPA and Ramsar site) from recreational disturbance in-combination with other plans and projects. The LPA will need to prepare a Habitats Regulations Assessment Stage 2 Appropriate Assessment and secure the financial contribution by a legal agreement.
We are satisfied that there is sufficient ecological information available for determination.
This provides certainty for the LPA of the likely impacts on protected and Priority species & habitats and, with appropriate mitigation measures secured, the development can be made acceptable. This includes precautionary measures for nesting birds, hares, badgers, heghogs (hedgehog holes) and bats (lighting).
In addition, a Wildlife Sensitive Lighting Strategy should be delivered for this scheme to avoid impacts to foraging and commuting bats. This must follow the Guidance Note 8 Bats and artificial lighting (The Institute of Lighting Professionals & Bat Conservation Trust, 2018). In summary, it is highlighted that the following measures should be implemented for the lighting design, which could be informed by a professional ecologist:
o Light levels should be as low as possible as required to fulfil the lighting need.
o Warm-White lights should be used preferably at 2700k. This is necessary as lighting which emit an ultraviolet component or that have a blue spectral content have a high attraction effects on insects. This may lead in a reduction in prey availability for some light sensitive bat species.
o If Light columns are required, they should be as short as possible as light at a low level reduces the likelihood of any ecological impact. However, the use of cowls, hoods, reflector skirts or shields could also be used to prevent horizontal spill.
o Movement sensors and timers could be used to minimise the 'lit time'.
We also support the proposed reasonable biodiversity enhancements, which have been recommended to secure measurable net gains for biodiversity, as outlined under Paragraph 174 [d] of the National Planning Policy Framework 2021. This includes integral bird box per new dwelling, 1 integral bat box per new dwelling, planting of new native trees and hedgerow, creation of new ponds, installation of wildlife garden/wild grass area, installation of 1 x invertebrate box per dwelling, new tree planting, low impact lighting solution - no lighting of boundary tree lines; and inclusion of native/wildlife friendly planting in landscape scheme. The reasonable biodiversity enhancement measures should be outlined within a Biodiversity Enhancement Strategy and should be secured.
This will enable LPA to demonstrate its compliance with its statutory duties including its biodiversity duty under s40 NERC Act 2006.
Impacts will be minimised such that the proposal is acceptable subject to the conditions below based on BS42020:2013.
Submission for approval and implementation of the details below should be a condition of any planning consent.
Recommended conditions:
1. ACTION REQUIRED IN ACCORDANCE WITH ECOLOGICAL APPRAISAL RECOMMENDATIONS
"All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal (T4 Ecology Ltd, January 2022)
as already submitted with the planning application and agreed in principle with the local planning authority prior to determination."
Reason: To conserve and enhance protected and Priority species and allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species).
2. PRIOR TO SLAB LEVEL: BIODIVERSITY ENHANCEMENT STRATEGY
"A Biodiversity Enhancement Strategy shall be submitted to and approved in writing by the local planning authority following the recommendations made within the Preliminary Ecological Appraisal (T4 Ecology Ltd, January 2022).
The content of the Biodiversity Enhancement Strategy shall include the following:
a) Purpose and conservation objectives for the proposed enhancement measures;
b) detailed designs to achieve stated objectives;
c) locations of proposed enhancement measures by appropriate maps and plans;
d) persons responsible for implementing the enhancement measures;
e) details of initial aftercare and long-term maintenance.
The works shall be implemented in accordance with the approved details and shall be retained in that manner thereafter."
Reason: To enhance Protected and Priority Species/habitats and allow the LPA to discharge its duties under the s40 of the NERC Act 2006 (Priority habitats & species).
3. PRIOR TO OCCUPATION: WILDLIFE SENSITIVE LIGHTING DESIGN SCHEME
"A lighting design scheme for biodiversity shall be submitted to and approved in writing by the local planning authority. The scheme shall identify those features on site that are particularly sensitive for bats and that are likely to cause disturbance along important routes used for foraging; and show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory.
All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority."
Reason: To allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species)

an Idox solution