Planning – Application Comments

Comment Date: Tue 25 Oct 2022

The proposed development would be highly visual within this undulating landscape and appears as a new additional dwelling. The design does not respect the Arcadian nature and local character identified in the local plan and village design statement for Great Totham and does not make a positive contribution to the area.

The Council objects to the application and recommends refusal

Comment Date: Fri 23 Sep 2022

I refer to your memo in connection with the above mentioned application and would
make the following comments.
I HAVE NO OBJECTION IN PRINCIPLE TO THE PROPOSED DEVELOPMENT.
the PHASE 1 WALK OVER SURVEY HAS RAISED SOME CONCERNS WITH
REGARD TO POSSIBLE CONTAMINANTS OF THE SITE. with THAT IN MIND.
should PERMISSION BE GRANTED PLEASE INCLUDE THE FOLLOWING
CONDITIONS.
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 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.
3 No development shall commence, other than that required to carry out
additional necessary investigation which in this case includes demolition, site
clearance, removal of underground tanks and old structures, and any
construction until an investigation and risk assessment has been conducted
recommended in the JP Environmental Services, Geo-Environmental Desk
Study Report [Paynes Cottage Annex ref. NE22/010/SITI dated 12/09/2022]
and submitted to and approved in writing by the local planning authority.
4 No development shall commence, other than where necessary to carry out
additional investigation, until a detailed remediation scheme to bring the site to
a condition suitable for the intended use by removing unacceptable risks to
human health, buildings and other property and the natural and historical
environment has been submitted to and approved in writing by the local
planning authority. The scheme must include all works to be undertaken,
proposed remediation objectives and remediation criteria, timetable of works
and site management procedures.
The scheme must ensure that the site will not qualify as contaminated land
under Part 2A of the Environmental Protection Act 1990 in relation to the
intended use of the land after remediation. The development hereby permitted
shall not commence until the measures set out in the approved scheme have
been implemented, unless otherwise agreed in writing by the Local Planning
Authority. The Local Planning Authority may give approval for the
commencement of development prior to the completion of the remedial
measures when it is deemed necessary to do so in order to complete the
agreed remediation scheme. The Local Planning Authority must be given two
weeks written notification of commencement of the remediation scheme works.
. This must be conducted by a competent person and in accordance with the
Environment Agency, 2021: Land Contamination Risk Management (LCRM). and is
subject to the approval in writing of the Local Planning Authority.
The development hereby permitted shall not commence until the measures set
out in the approved report have been implemented.
5 The approved remediation scheme must be carried out in accordance with its
terms prior to the commencement of development other than that required to
carry out remediation, unless otherwise agreed in writing by the Local Planning
Authority. The Local Planning Authority must be given two weeks written
notification of commencement of the remediation scheme works.
Following completion of measures identified in the approved remediation
scheme, a verification report that demonstrates the effectiveness of the
remediation carried out must be produced and submitted to the Local Planning
Authority for approval.
The written verification shall include that:
i) All contaminated material removed from the site is removed by an appropriate
licensed contractor to a facility approved by the Environment Agency
ii) All imported material is suitable for its intended use
iii) All agreed remediation measures identified as necessary in the contaminated
land assessment have been undertaken to render the site suitable for the use
specified
This must be conducted by a competent person and in accordance with the
Environment Agency, 2021: Land Contamination Risk Management (LCRM). and is
subject to the approval in writing of the Local Planning Authority.
John Fairweather
Environmental Health Specialist