Case Reference: 3305099

Appeal Decision
Inquiry held on 6 December 2022
Site visit made on 7 December 2022
by O S Woodwards BA(Hons.) MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 5th January 2023
Appeal Ref: APP/Z1510/W/22/3305099
Phase 4, Land North East of Rectory Lane, Rivenhall
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant outline planning permission.
• The appeal is made by [APPELLANT] against the decision of Braintree District
Council.
• The application Ref 20/02060/OUT, dated 27 November 2020, was refused by notice
dated 18 March 2022.
• The development proposed is for up to 230 dwellings including affordable homes; public
open space including sports pitches and facilities, neighbourhood equipped area for
play, parkland and alternative natural greenspace, vehicular access via Forest Road and
Evans way, a bus, cycle and pedestrian connection to Rickstones Road, sustainable
drainage systems, landscaping and all associated infrastructure and development.
Decision
1. The appeal is allowed, and planning permission is granted for up to
230 dwellings including affordable homes; public open space including sports
pitches and facilities, neighbourhood equipped area for play, parkland and
alternative natural greenspace, vehicular access via Forest Road and Evans
way, a bus, cycle and pedestrian connection to Rickstones Road, sustainable
drainage systems, landscaping and all associated infrastructure and
development at Phase 4, Land North East of Rectory Lane, Rivenhall, in
accordance with the terms of the application Ref 20/02060/OUT, dated
27 November 2020, subject to the conditions set out in Annex C to this
Decision.
Preliminary Matters
2. The Council’s decision notice refers to policies from the Braintree Local Plan
2005 and Braintree Core Strategy 2011. Both those plans have been
subsequently replaced by the policies in the now adopted Braintree District
Local Plan 2013-2033: North Essex Authorities’ Shared Strategic Section 1 Plan
2021 (the Section 1 LP) and Braintree District Local Plan Section 2 2022 (the
Section 2 LP) Local Plans. The main parties have confirmed the relevant
policies from the Section 1 and 2 LPs, which I refer to as appropriate
throughout my Decision.
3. The application was made in outline with all matters reserved. A series of
parameters plans have been submitted detailing land use zones, areas of green
infrastructure, indicative pedestrian and cycle routes, indicative ‘spine road’ for
vehicular access, and storey height zones. An illustrative masterplan and sports
pitch layout drawing have also been submitted which I have had regard to,
whilst acknowledging their illustrative nature.
4. Documents were submitted during and after the inquiry, as set out in Annex B.
I am satisfied that in all cases the material was directly relevant to, and
necessary for, my Decision. All parties were given opportunities to comment as
required and there would be no prejudice to any party from my consideration
of these documents. The appeal is therefore determined on the basis of the
additional documents.
5. The application was refused on 18 March 2020. There was one reason for
refusal but it was multi-faceted, relating to: the principle of the proposed
development outside of a designated development boundary; harm to the
character and appearance of the area including to landscape, Rectory Lane,
loss of trees and hedgerows, and coalescence of Witham and Rivenhall; less
than substantial harm to the historic significance of The Old Rectory grade II
Listed building through harm to its setting; harm to the free-flow of traffic to
the surrounding highway network; harm from the sterilisation of a minerals
resource on the appeal site; and, harm through the loss of best and most
versatile agricultural land.
6. The Council published a Five-Year Housing Land Supply Position Statement in
April 2022. This concluded that the Council can only demonstrate a 4.86 year
supply of housing land, as opposed to the 5.1 years that the Council believed it
could demonstrate at the time of refusing the planning application the subject
of the appeal. The appellant has not agreed with the 4.86 year figure, believing
that it may be lower, however this issue was not explored at the inquiry. I have
therefore adopted the 4.86 year figure for the purposes of this Decision.
7. A s106 Planning Obligation, dated 19 December 2022 (the s106) has been
submitted. It secures:
• a contribution towards a new community facility at Maltings Lane, Witham;
• the provision of a circular walking route, a play area, public open space,
other amenity areas and woodland, including the requirement to agree the
specification and detail of these areas with the Council, and the future
management and maintenance through a management company;
• land for an allotment, including the requirement to agree the specification
with the Council, and the future management and maintenance through a
management company;
• skylark mitigation through the provision of suitable habitat, including a
management plan;
• a reptile receptor site, including the requirement to agree the specification
with the Council and a management plan;
• the provision of playing pitches, pavilion and car parking, at a specification
to be agreed with the Council, their maintenance, and the transfer of the
land to the Council at nominal cost;
• 30% of the dwellings to be affordable housing, with a split of 66.66%
affordable housing for rent and 33.33% shared ownership;
• a contribution towards the extension or refurbishment or reconfiguration or
relocation of the Witham Health Centre;
• a contribution towards strategic ‘off-site’ measures as set out in the
Recreational disturbance Avoidance and Mitigation Strategy, in mitigation of
the effect of the proposal on the Blackwater Estuary Special Protection Area
(SPA) and Ramsar, Dengie SPA and Ramsar, and Essex Estuaries Special
Area of Conservation;
• a contribution towards early years, childcare, primary and secondary
education facilities, within three miles of the appeal site;
• a contribution towards upgrading the facilities at Witham library;
• highways works and agreement, including:
o a footway/cycleway along Rickstones Road including an uncontrolled
crossing;
o the closure of the southern part of Rectory Lane to vehicles;
o a revised junction from Rickstones Road to the appeal site, including
a bus gate (or alternative scheme to be agreed with the Council),
leading to a spine road through the appeal site to Evans Way;
o two new bus stops either within the appeal site or elsewhere as to be
agreed with the Council and Essex County Council (ECC);
o a controlled crossing on Rickstones Road; and,
o upgrading existing bus stops, or providing new bus stops, on
Rickstones Road and/or Forest Road;
• a Residential Travel Plan monitoring fee;
• a contribution to upgrade or enhance the River Walk, potentially to include
improved connectivity to the River Walk from the public highway;
• a contribution to enhance the bus service that uses Forest Road and/or
pedestrian and cycle improvements between the appeal site and Witham
Town Centre, the details of which are to be agreed with the Council; and,
• 2% of the dwellings to be provided as self-build/custom build plots.
8. The Council’s CIL Compliance Statement sets out the detailed background and
justification for each of the obligations. I am satisfied that the provisions of the
submitted agreement would meet the tests set out in Regulation 122 of the
Community Infrastructure Levy (CIL) Regulations 2010 (as amended) and the
tests at paragraph 57 of the National Planning Policy Framework (the
Framework), and I have taken them into account. I return to matters of weight
and detail of the s106 throughout my Decision as appropriate.
Main Issues
9. As a result of the change to the housing land supply position and further to the
provision of the s106, the Council did not defend its position at the inquiry,
which was uncontested between the main parties. However, a number of issues
were raised by interested parties, which were explored at the inquiry.
10. These form the basis for the main issues for the appeal, as follows:
• whether or not the appeal site is an appropriate location for development of
this type, having regard to local and national planning policy and guidance;
• the effect of the proposed development on the character and appearance of
the area;
• the effect of the proposed development on highway safety, in particular
regarding cyclists and the proposed access to Rickstones Road; and,
• the effect of the proposed development on the efficient operation of the
highway network in the vicinity of the appeal site.
Reasons
Location of development
Principle
11. Policy SP3 of the Section 1 LP sets out the spatial strategy for North Essex. The
spatial strategy is for development within or adjoining existing settlements at a
scale according to their hierarchy, as set out in detail through the Section 2 LP.
The Section 2 LP allocates Witham as a ‘town’, the highest settlement definition
in the hierarchy, and Rivenhall as a Third Tier village, the lowest defined
settlement level in the hierarchy. The Spatial Strategy is to concentrate
development on the towns, including Witham. Policy LPP1 of the Section 2 LP
restricts development outside of the defined development boundaries to uses
appropriate to the countryside.
12. The appeal site is entirely outside the defined development boundaries for
Witham town or Rivenhall village. It is common ground, and I agree, that the
proposed residential-led development would not be a use appropriate to the
countryside. The proposal would therefore be contrary to the Development Plan
and its overall Spatial Strategy and would fail to comply with Policy LPP1 of the
Section 2 LP and therefore also Policy SP3 of the Section 1 LP, which cross-
refers to the Section 2 LP.
Accessibility
13. The appeal site is adjacent to Witham, and within walking distance of local
shops, schools, and Witham train station. A bus route also connects the site to
the town centre and train station. The s106 secures improvements to the local
cycle infrastructure including along Rickstones Road and between the appeal
site and the town centre. The s106 secures enhancements to the River Walk. It
also secures two new bus stops and the diversion of bus routes through the
appeal site.
14. The proposal is therefore in an accessible location to local services and facilities
and is well served by, and would improve, local non-car transport connections.
It would also represent the extension of an existing large residential-led
development by the appellant and would directly connect to the existing
development through the proposed spine road vehicular access. It therefore
complies with the relevant parts of Policy SP6 of the Section 1 LP and Policy
LPP42 of the Section 2 LP, both of which encourage development in accessible
locations and the promotion of non-car based modes of travel.
Character and appearance
Coalescence
15. The appeal site is on, and would extend, the northern boundary of Witham
town. It technically sits within the parish of Rivenhall but it is experienced, on
the ground, as an extension to Witham, which it immediately abuts. Either side
of Rickstones Road, which leads from Witham to Rivenhall village, is a
collection of houses and other buildings, known as Rickstones End. These are
not part of a defined ‘village’ in the Local Plan. Since the construction of Phase
3 of the development and the new school to the west of Rickstones Road,
Rickstones End has been physically joined to Witham town. Further north,
separated by fields and a golf course, lies the village of Rivenhall.
16. The proposal would create a bus access point on Rickstones Road within
Rickstones End. No other built form is proposed in this area, with the proposed
housing being set significantly behind this frontage on the other side of the
proposed playing fields. The proposal would therefore have no material effect
on the coalescence of Rickstones End and Witham, which are already
coalesced.
17. With regard to the separation of Rivenhall village and Witham, the open land of
the appeal site would be lost and this currently forms part of the open land
separating the two settlements. However, the golf course and other open land
to the north would remain. This is a significant size and width. Importantly, all
the land that is part of the green buffer zone, as identified in Policy LPP68 of
the Section 2 LP, would be unaffected by the proposal. The proposal would not,
therefore, result in coalescence between Witham town and Rivenhall village
and complies with Policy LPP68 of the Section 2 LP and also Policy SP3 of the
Section 1 LP.
Rectory Lane
18. Rectory Lane is a Protected Lane. It runs along part of the southern boundary
of the appeal site. It is a narrow, quiet, country lane with low traffic levels.
However, at present it can function as a ‘rat-run’ for drivers if traffic builds up
significantly on Rickstones Road and/or Forest Road. The s106 secures the
shutting of the southern half of Rectory Lane to vehicular traffic. This would
reduce the amount of traffic using the lane by removing the ability to ‘rat-run’.
19. There would be no change to the lane or its hedgerows other than a proposed
turning head which would be needed to enable the proposed road closure. The
proposal would introduce built form in the vicinity of the lane but set back a
moderate distance and with the ability to ensure an appropriate landscape
buffer be provided. The detail of these elements could be controlled at reserved
matters or condition discharge stages.
20. The proposal would therefore conserve the traditional landscape and character
of the Protected Lane and it complies with Policy LPP69 of the Section 2 LP.
Landscape
21. The appeal site is not within a nationally designated or valued landscape. It is
an unremarkable field with significant built form to the south, west and east,
and even to the north a golf course, rather than open countryside. Some trees
on the appeal site would be lost, however, they would be moderate and low
category trees. The significant band of woodland that runs north-south across
the appeal site would be largely retained apart from a thin band to be felled for
the proposed spine road and a crescent area to be felled to create a play area.
Extensive replacement and additional landscaping including tree planting is
proposed and could be controlled by future reserved matters and conditions
submissions.
22. Nevertheless, there would be some harm to the landscape character of the site
and surroundings due to the proposed built form on the field. This would be
appreciated by some sensitive receptors, including residents of existing nearby
properties and users of footways and Rectory Lane, which includes pedestrians
as well as vehicles. However, those harms would be largely self-contained and
any harm to the wider context would be limited.
23. The creation of the cycle and bus gate access routes would result in the loss of
hedgerow and trees along Rickstones Road. This would result in harm to the
character and appearance of the road. However, this harm would be limited
because the amount of tree and hedgerow loss required would be small and
because this part of the road has existing built form and development. In
addition, the detail of the removal of existing hedgerows and trees could be
controlled by future reserved matters and conditions submissions, to minimise
any effects.
24. Overall, there would be some harm to the character and appearance of the
area through the loss of the existing field to be replaced by a substantial
residential development. The existing landscape is unremarkable and extensive
open space, parkland and tree planting is proposed. Any harm would be largely
visually self-contained. I therefore assess the level of harm to be limited.
However, the proposal would fail to comply with Policy LPP67 of the Section 2
LP, which requires proposals to be sympathetic to the existing character of the
landscape. It would also fail to comply with Policy SP7 of the Section 1 LP,
which requires high quality design.
Highway safety
Access
25. It is proposed to re-configure an existing vehicular access point from
Rickstones Road. The existing access is to a collection of industrial units. The
proposed access would provide a turning head to retain access to the industrial
units and would, in addition, provide access for busses through the appeal site
by connecting to the proposed spine road. A bus gate situated beyond the
turning head for the existing industrial units would ensure this access for the
appeal site would only be used by busses.
26. The details of the access have not yet been confirmed. However, a detailed
drawing has been provided of the current proposed design. The existing access
is nearby to a bend in the road and currently has poor visibility to the south.
However, the proposed access, although broadly in the same location, would
also include the creation of 2.4m x 43m visibility splays in both directions. The
size of visibility splay corresponds to that set out in Manual for Streets 2 (MfS2)
where 85th percentile speeds are up to 37 mph, which MfS2 states is generally
achieved within 30 mph speed limits. The relevant part of Rickstones Road is
subject to a 30 mph speed limit. The Rickstones Road Action Group has stated
that supporting information to a planning application in relation to Chatten
School measured the actual speed of vehicles and found northbound traffic to
be travelling at an 85th percentile speed of 43.7 mph. However, I have not
been provided with full details regarding this measurement. In addition, the
access for the school, though nearby, is to the south of two tight bends in
Rickstones Road, which are likely to slow northbound traffic. No surveys of
vehicle speeds outside the proposed access point have been provided to
demonstrate an 85th percentile speed greater than 37 mph. I am therefore
satisfied that the visibility splay used by the appellant is appropriate for the
proposed access.
27. Residential properties Nos 302, 304 and 306 Rickstones Road lie to the north
east of the proposed access. There is no footpath in front of these three
properties and instead the driveways and front gardens for the houses directly
abut the road. I have been provided with land registry documents confirming
the land ownership boundaries of the three properties and the visibility splay
runs through the land ownership of all three. However, the visibility splays
would also be entirely within the highway boundary and would therefore be
over highways land maintainable at public expense, as set out in Section 36 of
the Highways Act 1980 (as amended). I am therefore confident that the
visibility splays would be kept free of visual obstructions by the Highways
Authority.
28. The detailed design of the proposed access could be controlled by future
reserved matters and condition discharge submissions. The Highways Authority
has not objected to the proposal. Personal injury accident data has been
provided that confirms this part of Rickstones Road has no road safety issues
at present. The additional traffic using the access compared to as existing
would only be the three busses an hour. I am therefore satisfied that the
proposed access would likely not materially harm highway safety and could
improve safety in comparison to the existing access point, depending on the
final detailed design.
29. The proposal therefore complies with paragraph 111 of the Framework, which
states that development should only be refused if there would be an
unacceptable impact on highway safety. It also complies with Policy LPP52 of
the Section 2 LP, which states that proposals should not have a detrimental
impact on highway safety.
Cyclists
30. A joint foot and cycle way is proposed from the appeal site to Rickstones Road.
This part of Rickstones Road would then be upgraded to provide cycleways and
controlled crossings. The detail of these proposals would be controlled by future
reserved matters, condition discharge and s38/s278 works submissions. They
would improve the connectivity and safety of Rickstones Road for cyclists.
31. The s106 secures payment towards improving cycle connections between the
appeal site and the town centre. One potential scheme is along Collingwood
Road. Several concerns regarding this proposal have been raised, including
cyclist and wider highway safety. However, there are alternative routes and
options, for example using Armond Road or Motts Lane. The detail of the
Collingwood Road scheme could also evolve and change. I am therefore
satisfied that a solution is likely to be found for a suitably safe and accessible
cycle connectivity solution between the appeal site and the town centre.
Free-flow of traffic
32. The appeal is supported by a Transport Statement. Normally, for a proposal of
the scale proposed, a full Transport Assessment would be required. However,
ECC as Highways Authority has confirmed that in this instance the submitted
Transport Statement is sufficient. In addition, traffic surveys from September
2022 found peak hour traffic levels to be 24% lower than was predicted in the
Transport Assessment’s accompanying the Phase 1 and 2 planning applications
in 2015, which conclude there is sufficient highways capacity for further
development even at their own predicted traffic levels.
33. The proposal includes a significant package of mitigation measures that would
reduce the reliance on the car for journeys by the future residents of the
proposal, including the bus route diversion, new foot and cycle routes along
Rickstones Road, and contributions towards a new cycle route to Witham train
station and to improve River Walk between the appeal site and Witham town
centre. The Highways Authority has not objected to the proposal with regard to
the effect on the free-flow of traffic and I have seen no substantiated evidence
that would lead me to a different conclusion.
34. The proposal therefore complies with paragraph 111 of the Framework and
Policy LPP52 of the Section 2 LP, which state that development should only be
refused if the residual cumulative impacts on the road network would be
severe.
Other Matters
Heritage
35. To the south west of the appeal site lies the Old Rectory, a grade II Listed
building. The building sits in extensive grounds, all of which lie on the opposite
side of Rectory Lane from the appeal site. The building was historically isolated
but this has already been partially eroded through the extension of Witham to
the south, east and west of the building. The appeal site is currently an open
field and is the only remaining open field surrounding the building.
36. The listed building has primarily functioned as a private residence and estate.
It no longer serves as a rectory and has no association with the land beyond
the enclosed grounds. The field pattern of the appeal site is different to what it
would have been at the time the building was associated with this land. Both
sides of Rectory Lane, in this location, are bordered by thick hedgerow and
some tree planting. Views between the Old Rectory and the appeal site would
be extremely limited and restricted to partial or glimpsed views at most. The
setting of the listed building is therefore primarily focused on its own extensive,
formal, private grounds and the appeal site does not materially contribute to
the significance, or special architectural and historic interest, of the listed
building.
37. The proposal would result in a significant change in the character of the land
nearby to the listed property and its curtilage, through the introduction of built
form. However, the proposed built form of the proposal would be set back
significantly from Rectory Lane and additional landscaping and planting in this
area is proposed, the detail of which could be controlled by future reserved
matters and condition submissions. The proposal would not alter the current
private, enclosed setting of the Old Rectory, or the ability to appreciate the
building and its special architectural and historic interest from within this
setting. Consequently, the proposal would not harm the setting of the listed
building, which would retain its special architectural and historic significance.
Appropriate Assessment
38. The appeal site falls within the Zones of Influence (ZoI) for the Blackwater
Estuary Special Protection Area (SPA) and Ramsar site, the Dengie SPA and
Ramsar site, and the Essex Estuaries Special Area of Conservation (SAC), all of
which fall within the scope of the Essex Coast Recreational disturbance
Avoidance and Mitigation Strategy (Essex Coast RAMS). Regulation 63(1) of the
Conservation of Habitats and Species Regulations 2017 indicates the
requirement for an Appropriate Assessment (AA). As the Competent Authority,
I have therefore undertaken an AA.
39. The Blackwater Estuary site provides saltmarsh, mudflats, shingle and shell
bank habitats. It supports numerous important breeding and non-breeding bird
species. The Dengie site has a large and remote area of tidal mudflats and
saltmarshes which supports internationally important numbers of
overwintering, non-breeding bird species.
40. The proposal would increase population within the ZoI, resulting in increased
recreational pressure on the sites, including from dog walking, which has been
shown to potentially lead to disturbance of birds using intertidal habitats with
the adverse effect on these birds. The appeal site is fairly distant from the
protected sites but the indirect recreational pressure increases on the sites
would likely have a significant effect in-combination with other development
proposals, despite likely having a negligible effect on its own.
41. Natural England (NE) has confirmed that 4.3 ha of space would be required in
on-site mitigation. The proposal would include 2.33 ha of sports provision,
2.00 ha of parkland and 3.37 ha of woodland, in excess of the area required by
NE. The provision and maintenance of these spaces, including a circular dog
walking route, are secured through the s106 and by conditions. The spaces are
throughout the development and would be easily accessible to the future
residents. I am therefore satisfied that they would be used.
42. In addition, in relation to any residual effects on the protected sites, the s106
also secures a payment towards the Essex Coast RAMS, which would ensure
there would be no increased recreational pressures on the coastal protected
areas in combination with other plans and projects. I am therefore satisfied
that the mitigation payment is required to avoid an adverse effect on the
integrity of the sites. I am also satisfied that the planning obligation meets the
tests set out in Regulation 122 of the CIL Regulations 2010 and paragraph 57
of the Framework.
43. Overall, I conclude that, subject to the provision of the on-site open space and
facilities and the contribution to the Essex Coast RAMS, there would be no
likely significant adverse effects on the integrity of the designated sites, in-
isolation or in-combination with other plans or projects.
Local infrastructure
44. The proposal would result in new people living in the area. They would increase
demand on local services and facilities. The s106 secures contributions
towards: a new community facility at Maltings Lane; the extension or
refurbishment or reconfiguration or relocation of the Witham Health Centre;
early years, childcare, primary education, and secondary education facilities,
within three miles of the appeal site; and, upgrading the facilities at Witham
library. The amount of the contributions has been assessed in the CIL
Compliance Statement and they are linked to the projected population of the
proposal and the likely level of effect on local infrastructure. The identified
facilities are nearby to the appeal site. I am therefore satisfied that the
planning obligations meet the tests set out in Regulation 122 of the CIL
Regulations 2010 and paragraph 57 of the Framework. Subject to the s106, the
proposal would therefore have an acceptable effect on local infrastructure of
this type.
Biodiversity
45. The appeal site provides habitat for bats, birds in particular skylarks, great
crested newts and reptiles. The s106 secures extensive open areas and
woodland, skylark mitigation through the provision of suitable habitat, and a
reptile receptor site for any reptiles which need to be re-located. Conditions
discharge and reserved matters submissions could control: the lighting scheme
to be appropriate for bats; the detail of the provision and management of the
proposed landscaping and open space; the felling and protection of trees;
obtaining relevant licenses; and securing a Biodiversity Net Gain. Subject to
these controls, the proposal would have an acceptable effect on biodiversity.
Agricultural land
46. The appellant has undertaken an Agricultural Land Classification (ALC) survey
of the appeal site. The ALC finds that the proposal would result in the loss of
around 13 ha of Grade 3a and 1 ha of Grade 2 agricultural land, both of which
are classified as best and most valuable agricultural land (BMV) in the
Framework. However, evidence has been provided that the majority of
agricultural land in the District is BMV, including a high proportion of the higher
Grade 2 land. This includes alternative land in the Witham area and all the
Local Plan greenfield allocated sites for large-scale development. Paragraph
6.29 of the Section 2 LP confirms that the use of BMV for development is
inevitable. Therefore, the appeal site is, at worst, sequentially neutral in the
consideration of BMV. There would be conflict with paragraph 174 of the
Framework, which recognises the wider benefits, including economic, of BMV,
but this must be considered in this context.
Minerals
47. The appeal site falls within a Mineral Safeguarding Area (MSA). Paragraph 212
of the Framework finds that proposals should not normally be permitted in MSA
if they might constrain the potential future use for mineral working. ECC has
objected to the proposal because of the potential for future mineral working on
the MSA, including potentially as part of a larger mineral extraction site.
However, the appellant has provided a Minerals Resource Assessment (MRA)
that concludes there are a number of practical constraints that would reduce
the amount of minerals that could be extracted and that there is an overburden
ration of 2.3:1 which makes it commercial unviable to extract at this location.
The MRA also finds that the nearby quarry is separated from the appeal site by
the A12 and a railway line and has access constraints. The MRA was
uncontested at the inquiry. I am therefore satisfied that there is only a remote
chance that the mineral resource would be extracted in the future.
Consequently, the proposal complies with paragraph 212 of the Framework.
Objections
48. A large number objections have been submitted, including a petition submitted
by Witham Town Council, and objections from the Rickstones Action Group,
Campaign for the Protection of Rural England, Witham and Countryside Society
and Rivenhall Parish Council. The objections raise various concerns in addition
to those addressed above, in particular: disruption during construction; loss of
an existing playing field; loss of old trees; overshadowing of neighbouring
gardens and play areas; and, overlooking and loss of privacy. I have taken all
these factors into consideration. They are not in dispute between the main
parties. Most were addressed in the Officer’s Report, with the Council
concluding that there would be no material harm in these regards. No
substantiated evidence has been submitted that leads me to any different view.
Others are addressed in my reasoning above, can be addressed by condition or
reserved matters submissions or are dealt with by the planning obligations
secured.
Support
49. A letter of support has also been received, due to the importance of building
new housing, the restrictions to traffic on Rectory Lane, the significant gap that
would remain between Witham and Rivenhall, and Witham’s road infrastructure
being able to accommodate increased traffic. All these points are addressed in
my Decision.
Planning Balance
Weighting
50. The proposal would be for inappropriate development in the countryside,
conflicting with the overall Spatial Strategy of the Development Plan. However,
the Council cannot demonstrate a five year supply of housing land and it is
inevitable that such sites will need to be released to address this shortfall. The
Spatial Strategy and the associated restrictions on development outside
defined development boundaries therefore have reduced weight and I place
very limited negative weight on this conflict.
51. There would be limited harm to the character and appearance of the area
through the loss of the existing field to be replaced by a substantial residential
development. However, the existing landscape is unremarkable and any harm
would be largely visually self-contained. The effect would be no more than
would be expected on any site outside of the defined development boundaries
which is capable of meeting the Council’s housing needs. I therefore place very
limited negative weight on this harm.
52. The proposed loss of BMV agricultural land would be fairly extensive, at 13 ha,
however use of BMV for development is inevitable and the appeal site is, at
worst, sequentially neutral in the consideration of BMV. I therefore place
limited negative weight on this harm.
53. That there is only a remote chance that the mineral resource on the appeal site
would be extracted in the future, that the effects on local infrastructure would
be adequately mitigated, that there would be no likely significant adverse
effects on the integrity of the designated sites, that the proposal would not
harm the setting of the listed building, that there would likely be no material
harm to highway safety or the free-flow of traffic, that the proposal would
conserve the traditional landscape and character of the Protected Lane and that
the proposal would not result in coalescence between Witham town and
Rivenhall village all lie neutrally in the planning balance.
54. Up to 230 dwellings are proposed. The provision of housing is one of, if not the
most, important objectives of national planning policy. The Council cannot
demonstrate a five year supply of housing land, contrary to the expectation set
out in the presumption in favour of sustainable development in the Framework.
Approximately 180 of the proposed dwellings are likely to come forward within
the next five year period, directly meeting this shortfall. I place substantial
positive weight on the proposed housing.
55. Of the up to 230 dwellings, the s106 secures that 30% would be affordable
housing dwellings. The Strategic Housing Market Assessment 2015 sets a
target for affordable housing delivery of 218 dwellings per annum (dpa). The
current delivery rate is 140 dpa and the shortfall this has created means that
the current required delivery rate is likely much higher than 218 dpa. I
therefore place substantial positive weight on the proposed affordable housing.
56. Of the 230 dwellings, the s106 secures that 2% (likely five plots) would be for
self-build/custom build housing. There is an existing shortfall in the provision of
such housing. The extent of the shortfall is contested but the main parties are
in agreement that the proposed self-build/custom build plots should have
significant positive weight, and I see no reason to disagree.
57. 7.6 ha of public open space is proposed, significantly in excess of the Policy
LP50 of the Section 2 LP minimum requirement of 1.43 ha. In addition, play
areas, woodland, allotments, plating fields and a circular walk are proposed.
These facilities would not only be able to be used by the future residents of the
proposal but also the general public. I therefore place significant positive
weight on these elements of the proposal.
58. It is proposed to provide and/or improve existing cycle and pedestrian
connections between the appeal site and the town, such as the River Walk and
the yet to be finalised cycle route. In addition, new bus stops are secured by
the s106. These works are beyond that required to mitigate the effect of the
proposal and would be used by the general public in addition to the future
residents of the scheme. I therefore place significant positive weight on these
elements of the proposal.
59. There would be short term economic benefits to the area through construction
of the proposal. There would also be longer term economic benefits from
spending in the local economy by the future occupants of the scheme. As
directed by paragraph 81 of the Framework, I place significant positive weight
on this support for economic growth.
60. The appeal site is in an accessible location to local services and facilities and is
well served by, and would improve, local non-car transport connections. I place
moderate positive weight on these factors.
61. Subject to control by conditions and the s106, there would be a Biodiversity
Net Gain as a result of the proposal. I place moderate positive weight on this
benefit.
The balance
62. The conflicts I have identified include with the overall Spatial Strategy of the
area. Therefore, whilst the conflicts are only limited in weight, I find that there
would be conflict with the Development Plan as a whole. S38(6) of the Planning
and Compulsory Purchase Act 2004 states that regard must be had to the
Development Plan unless material considerations indicate otherwise. The
Framework is a very important material consideration. In this case, the Council
cannot demonstrate a five year supply of housing land and the application of
policies that protect areas or assets of particular importance do not provide a
clear reason for dismissing the appeal. Paragraph 11dii of the Framework is
therefore engaged and the appeal should be allowed unless any adverse
impacts of doing so would significantly and demonstrably outweigh the
benefits, when assessed against the policies in this Framework taken as a
whole.
63. However, the benefits of the proposal are many and weighty. The harms and
conflicts with the Development Plan are few and of lesser overall weight. The
material considerations therefore indicate that the proposal is acceptable and it
is not necessary to engage the ‘tilted balance’, although the lack of a five year
supply of housing land has influenced the weightings that has led to this
conclusion.
Conditions
64. A schedule of conditions was agreed between the parties ahead of the inquiry.
This was discussed through a round-table session at the inquiry. I have
considered the conditions against the tests in the Framework and the advice in
the Planning Practice Guidance. I have made such amendments as necessary to
comply with those documents and in the interests of clarity, precision, and
simplicity. I set out below specific reasons for each condition:
• In addition to the standard time limit conditions, a condition specifying the
relevant drawings and confirming the reserved matters to be submitted
provides certainty and clarity;
• The limit on dwelling numbers condition and the minimum proportion of
1 and 2-bedroom dwellings conditions are necessary to control the scale of
development and to ensure a suitable mix of dwelling sizes are built;
• The design code, affordable dwelling layout, Lighting Scheme, Landscaping
Scheme, Arboricultural Impact Assessment Report, Refuse Scheme,
boundary treatment, solar panels and space standards conditions are
necessary to ensure a satisfactory standard of development;
• The design code, Lighting Scheme, Landscaping Scheme, Arboricultural
Impact Assessment Report, Refuse Scheme, boundary treatment, solar
panels, Arboricultural Method Statement (AMS), Construction Method
Statement (CMS), T93 and T94 Method Statement, materials and sports
pitch lighting conditions are necessary to protect and enhance the character
and appearance of the area;
• The Noise Assessment, Lighting Scheme, CMS, piling, construction hours
and burning of materials conditions are necessary to protect the living
conditions of future occupants and neighbouring occupiers to the proposal;
• The Lighting Scheme, Biodiversity Enhancement Strategy, Landscaping
Scheme, Arboricultural Impact Assessment Report, Landscape Ecological
Management Plan (LEMP), CEMP: Biodiversity, AMS, T93 and T94 Method
Statement, Natural England license, Bat Survey Report, ecological
measures, compliance with ecological documents and sports pitch lighting
conditions are necessary to protect and enhance biodiversity;
• The Electric Vehicle Charging Points condition is necessary to secure details
of the appearance and type of the points, beyond Requirement S1 of The
Building Regulations 2010, Approved Document S 2021 Edition;
• The archaeology, land contamination, ground conditions, SuDS Maintenance
Plan and yearly SuDS logs conditions are necessary to ensure the proposal
would have acceptable effects with regard to these technical considerations;
• The Surface Water Drainage Scheme and off-site flooding conditions are
necessary to ensure that suitable mitigation is provided regarding surface
water drainage and flooding; and,
• The CMS, Residential Travel Plan, ball stop mitigation and spine road width
conditions are necessary to protect the free-flow of traffic and highway
safety.
65. The LEMP, CEMP: Biodiversity, Archaeological Evaluation, Archaeological
Mitigation Statement, Surface Water Drainage Scheme, off-site flooding, Phase
2 Land Contamination Survey, AMS, CMS, ground conditions and T93 and T94
Method Statement conditions are necessarily worded as pre-commencement
condition, as a later trigger for their submission and/or implementation would
limit their effectiveness or the scope of measure which could be used. The
appellant has confirmed acceptance of the pre-commencement conditions.
Conclusion
66. For the reasons above, I conclude that the appeal be allowed.
O S Woodwards
INSPECTOR
ANNEX A: APPEARANCES
FOR THE LOCAL PLANNING AUTHORITY:
Asitha Ranatunga, of Counsel. He called:
Neil Jones Principal Planning Officer, Braintree District
Council
Joanna Lilliott Senior Solicitor, Holmes & Hills LLP
FOR THE APPELLANT:
Paul Brown KC, of Landmark Chambers. He called:
Nigel Cowlin CMLI Nigel Cowlin Ltd
Oliver Spencer MRTPI Director, Andrew Martin Planning Ltd
Kevin Kay FCIHT CTPP Divisional Director, Ardent Consulting Engineers
INTERESTED PERSONS:
Councillor James Abbott Chairman, Rivenhall Parish Council
Councillor Michael Lager Ward Councillor, Witham Town Council
Councillor Bob Wright Ward Councillor, Braintree District Council and
Rivenhall Parish Council
Melanie A’Lee Rickstones Action Group
ANNEX B: DOCUMENTS SUBMITTED DURING AND AFTER THE INQUIRY
1 Sport England Model Planning Conditions, dated March 2017
2 Councillor James Abbott speech transcript
3 Statement on behalf of Witham Town Council at the Appeal hearing
4 Opening statement on behalf of Bellway Homes Ltd, by Paul Brown KC,
dated 6 December 2022
5 The Conservation of Habitats and Species Regulations 2017
6 Crime and Disorder Act 1998, Chapter 37
7 Council’s Opening, by Asitha Ranatunga, dated 6 December 2022
ANNEX C: SCHEDULE OF PLANNING CONDITIONS
1) Details of the access, appearance, landscaping, layout, and scale,
(hereinafter called "the reserved matters") shall be submitted to and
approved in writing by the local planning authority before any
development takes place and the development shall be carried out as
approved.
2) Application(s) for approval of the reserved matters shall be made to the
local planning authority not later than 3 years from the date of this
permission.
3) The development hereby permitted shall take place not later than 2 years
from the date of approval of the last of the reserved matters to be
approved.
4) The development hereby permitted shall be carried out in accordance
with the following approved drawings: BW219-PL01 Rev E, PP-01 Rev I,
02 Rev I, 03A Rev G, 03B Rev F, 04 Rev J.
Reserved matters submissions
5) The submission of reserved matters application(s) pursuant to this outline
planning permission shall together provide for no more than
230 dwellings.
6) Prior to submission of the first reserved matters, a Design Code for all
areas of the site, including housing development, public realm and
character areas, which demonstrates compliance with the design
principles of the Rivenhall Park IV Vision Statement (submitted
22 September 2021), shall be submitted to and approved in writing by
the local planning authority. All reserved matters submissions shall
accord with the approved site wide Design Code.
7) Concurrent with the submission of reserved matters for layout under
Condition 1 of this decision, details of the following shall be submitted:
i. A Confirmation Report from an Approved Inspector or Local
Authority Building Control Service that the drawings for all houses
and ground floor flats proposed as affordable dwellings and shown
on the submitted Affordable Housing Scheme as such (or any
revisions of this Scheme subsequently submitted for approval as
part of the application) have been designed to comply with Building
Regulations 2015 (as amended) Part M(4) Category 2;
ii. A Confirmation Report from an Approved Inspector of Local
Authority Building Control Service that the drawings for all
bungalows proposed as affordable dwellings and shown on the
Affordable Housing Scheme (or any revisions of this Scheme
subsequently submitted for approval as part of the application) as
needing to be compliant with Building Regulations 2015 (as
amended) Part M(4) Category 3 have been designed as such; and,
iii. The affordable dwellings shall only be built in accordance with the
approved details and, in the case of plots indicated in the
Affordable Housing Scheme to be constructed in accordance with
Building Regulations 2015 Part M(4) Category 2 or Building
Regulations Part M(4) Category 3, prior to their occupation, written
confirmation from an Approved Inspector or Local Authority
Building Control Service shall be submitted to and approved in
writing by the local planning authority to certify that they have
been built to the agreed standard.
8) Concurrent with the submission of reserved matters for appearance or
layout under Condition 1 of this decision, an updated Noise Assessment
Report shall be submitted.
9) Concurrent with the submission of reserved matters for layout under
Condition 1 of this decision, a Lighting Scheme designed to promote
personal safety, protect living conditions and the night-time landscape
and biodiversity shall be submitted. The Lighting Scheme shall detail the
following:
• Details of phasing, location and design of all lighting to be installed
within the site during periods of construction and occupation;
• Details of ownership of lighting once the development is occupied and,
where relevant, details of its associated maintenance to ensure the
lighting is provided in perpetuity thereof in the interests of personal
safety;
• Assessment of the impacts of the lighting scheme upon biodiversity
which identifies those features on or immediately adjoining the site
that are particularly sensitive for bats including those areas where
lighting could cause disturbance along important routes used for
foraging; and,
• Provision of appropriate lighting contour plans, isolux drawings and
technical specifications to demonstrate which areas of the
development are lit and to limit any relative impacts upon the
territories of bats.
The approved lighting scheme shall be implemented prior to first
occupation of the development and shall thereafter be retained and
maintained as such in accordance with the approved details.
10) Concurrent with the submission of reserved matters for layout or
landscaping under Condition 1 of this decision, a Biodiversity
Enhancement Strategy for Protected and Priority Species shall be
submitted. The content of the Strategy shall include the following:
• Purpose and conservation objectives for the proposed enhancement
measures;
• Detailed designs to achieve stated objectives;
• Locations of proposed enhancement measures by appropriate maps
and plans;
• Persons responsible for implementing the enhancement measures;
and,
• Details of initial aftercare and long-term maintenance (where
relevant).
The works shall be implemented in accordance with the details as
approved and shall be retained in that manner thereafter.
11) Concurrent with the submission of reserved matters for landscaping
under Condition 1 of this decision, a Landscaping Scheme shall be
submitted. This shall comprise a detailed specification of hard and soft
landscaping works, to include details of the following:
• Types and sizes of all trees/plants to be planted on the site,
demonstrating that for each tree that will be removed from the site a
minimum of two new trees will be planted within the public open
space on the site, and that for each 1 metre of hedgerow that is
removed a minimum of 2 metres of new hedgerow will be planted
within the public open space on the site;
• Numbers and distances of all plants to be planted on the site;
• Soil specification;
• Seeding and turfing treatment within the site;
• Colour and type of material for all public hard surface areas and
private areas visible from the public realm;
• Watering maintenance regime for all areas of new planting; and,
• Programme and timetable for implementation of the above works.
The Landscaping Scheme shall subsequently only be implemented in
accordance with the approved details. Any trees or plants which die, are
removed, or become seriously damaged or diseased within a period of
five years from the completion of the development, shall be replaced in
the next available planting season with others of a similar size and
species.
12) Concurrent with the submission of reserved matters for layout,
landscaping or access under Condition 1 of this decision, an Arboricultural
Impact Assessment Report shall be submitted. The Report shall have
regard to the Preliminary Tree Removals Plan (TR&R/Prelim NE
Witham/07.10.21) and Proposed Tree Management Location Details
submitted at outline stage and the requirements of Condition 11 of this
permission.
13) Concurrent with the submission of reserved matters for layout under
Condition 1 of this decision, a Refuse Scheme shall be submitted,
including the following details:
• Location of refuse bins and recycling materials - their storage areas
and waste/recycling presentation points;
• Appearance of any associated screening or/and enclosures;
• Confirmation that distances travelled by local authority refuse vehicle
operatives from the location where a refuse vehicle are intended to
stop to the presentation points specified do not exceed 20m each
way;
• Confirmation of 26 tonne carrying capacity of all roads intended for
use by local authority refuse vehicles; and,
• Refuse vehicle swept path analysis for all roads intended for use by
local authority waste vehicles.
The development shall be implemented in accordance with the approved
details prior to the first occupation of each relevant unit of the
development and thereafter retained.
14) Concurrent with the submission of reserved matters for layout under
Condition 1 of this decision, a Strategy detailing the location and
specification of all Electric Vehicle Charging Points to be provided shall be
submitted and which, as a minimum, shall ensure each new dwelling
includes provision of one charging point wherever practical.
15) Concurrent with the submission of reserved matters for appearance,
landscaping or layout under Condition 1 of this decision, a plan indicating
the location and general design of all walls, fences, other boundary
treatments and means of enclosure shall be submitted.
16) Concurrent with the submission of reserved matters for layout under
Condition 1 of this decision, details of the location and design of all
garages/car parking spaces and cycle storage facilities shall be
submitted. The garages/car parking spaces and cycle storage facilities
shall be provided prior to occupation of the dwelling to which they relate
and shall thereafter be retained and kept available for use for their
specified purpose. The garages/car parking spaces and cycle storage
facilities shall be used solely for the benefit of the occupants of the
dwelling of which it forms part, and their visitors, and for no other
purpose and permanently retained as such thereafter.
17) Concurrent with the submission of reserved matters for appearance
under Condition 1 of this decision, a plan indicating the location and
design of solar photovoltaic generation equipment for every dwelling shall
be submitted.
Pre-commencement
18) Prior to the commencement of development, a Landscape Ecological
Management Plan (LEMP) shall be submitted to and approved in writing
by the local planning authority. The content of the LEMP shall include the
following:
• Description and evaluation of all features to be managed;
• Ecological trends and constraints on site that might influence
management;
• Aims and objectives of management;
• Appropriate management options for achieving aims and objectives;
• Prescriptions for management actions;
• Preparation of a work schedule (including an annual work plan capable
of being rolled forward over a five-year period);
• Details of the body or organisation responsible for implementation of
the plan; and,
• Ongoing monitoring and remedial measures.
The LEMP shall also include details of the legal and funding
mechanism(s) by which the long-term implementation of the plan will be
secured by the developer with the management body or bodies
responsible for its delivery. The plan shall also set out (where the results
from monitoring show that conservation aims and objectives of the LEMP
are not being met) how contingencies and/or remedial action will be
identified, agreed and implemented so that the development still delivers
the fully functioning biodiversity objectives of the originally approved
scheme. The LEMP shall be implemented as approved in accordance with
the approved details.
19) No development or groundworks of any kind shall commence until a
Construction Environmental Management Plan (CEMP: Biodiversity) has
been submitted to and approved in writing by the local planning
authority. The CEMP: Biodiversity shall include the following:
• Risk assessment of potentially damaging construction activities;
• Identification of "biodiversity protection zones";
• Practical measures (both physical measures and sensitive working
practices) to avoid or reduce impacts during construction (may be
provided as a set of method statements);
• The location and timing of sensitive works to avoid harm to
biodiversity features;
• The times during construction when specialist ecologists need to be
present on site to oversee works;
• Responsible persons and lines of communication;
• The role and responsibilities on site of an ecological clerk of works or
similarly competent person;
• Use of protective fences, exclusion barriers and warning signs; and,
• Areas of the site identified as habitat for Great Crested Newts in which
development should be restricted as it may adversely affect this
species and thus may be subject to licence under Condition 29 of this
consent.
The approved CEMP: Biodiversity shall be adhered to and implemented
throughout the construction period strictly in accordance with the
approved details.
20) No development or preliminary groundworks shall commence until a
Programme of Archaeological Evaluation has been secured and
undertaken in accordance with a Written Scheme of Investigation which
shall previously have been submitted to and approved in writing by the
local planning authority.
21) No development or preliminary groundworks shall commence in those
areas identified as containing archaeological deposits until the
satisfactory completion of fieldwork undertaken in accordance with an
Archaeological Mitigation Statement detailing excavation/preservation
strategy, which shall previously have been submitted to and approved in
writing by the local planning authority.
22) No development shall commence 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 the following (but not be
limited to this):
• Limitation of discharge rates to the 1 in 1 year greenfield rate for both
the eastern (5.3l/s) and western (13.1l/s) parcels for all storm events
up to and including the 1 in 100 year rate plus 40% allowance for
climate change, subject to agreement with the relevant third party,
• All relevant permissions to discharge from the site into any outfall
should be demonstrated;
• Provision of sufficient storage to ensure no off-site flooding as a result
of development during all storm events up to and including the 1 in
100 year plus 40% climate change event;
• Demonstration that all storage features can half empty within
24 hours for the 1 in 30 plus 40% climate change critical storm event;
• Demonstration that Phases 1 and 2 of development in the south have
been designed to accommodate the flows from the development
hereby approved;
• Demonstration, as far as is practicable, that use of above ground
SuDS has been maximised throughout the development to enable the
conveyance and treatment of water as close to source as possible;
• Demonstration that rainwater reuse has been considered and
incorporated as much as possible as the primary method of managing
surface water drainage;
• Provision of final modelling calculations for all areas of the drainage
system;
• Provision of an appropriate level of treatment for all run-off leaving
the site, in line with the Simple Index Approach as detailed in Chapter
26 of the CIRIA SuDS Manual C753;
• Provision of detailed engineering drawings of each component of the
drainage scheme; and,
• Provision of final drainage plans which detail exceedance and
conveyance routes, finished floor and ground levels, and location and
sizing of any drainage features.
The scheme shall subsequently be implemented as approved prior to first
occupation of the development.
23) No development shall commence until a Scheme to minimise the risk of
off-site flooding caused by surface water run-off and groundwater, and to
prevent pollution, during construction works has been submitted to and
approved in writing by the local planning authority. The scheme shall
subsequently be implemented as approved.
24) No development shall commence until a comprehensive Phase 2 Land
Contamination Survey has been undertaken to assess the nature and
extent of any contamination on the site and a copy of this survey's
findings, together with a remediation scheme to bring the site to a
suitable condition in that it represents an acceptable risk (if required),
has been submitted to and approved in writing by the local planning
authority. The survey’s findings must subsequently be implemented as
approved. Formulation and implementation of the remediation scheme
shall be undertaken by competent persons and in accordance with 'Model
Procedures for the Management of Land Contamination, CLR 11'. Further
advice is available in the 'Essex Contaminated Land Consortium's Land
Affected by Contamination: Technical Guidance for Applicants and
Developers'. Such agreed measures shall be implemented and completed
prior to the commencement of development hereby approved.
Notwithstanding the above, should contamination be found that was not
previously identified or not considered in the remediation scheme agreed
in writing with the local planning authority, that contamination shall be
made safe and reported immediately to the local planning authority. The
site shall be re-assessed in accordance with the above and a separate
remediation scheme shall be submitted to and agreed in writing by the
local planning authority. Such agreed measures shall be implemented and
completed prior to the first occupation of any parts of the development.
Prior to occupation of any property hereby permitted on the part of the
site where contamination is found the developer shall submit to the local
planning authority a signed certificate to confirm that the remediation
works have been completed on that part of the site in accordance with
the documents and plans detailed in the approved contaminated land
assessment reports and the approved remediation scheme.
25) No development shall commence until an Arboricultural Method
Statement (AMS) has been submitted to and approved in writing by the
local planning authority. The AMS will include a Detailed Tree Protection
Plan (DTPP) in broad accordance with the Arboricultural Impact
Assessment Report approved under Condition 12 and provide details of
trees to be retained, trees to be removed, the precise location and design
of protective barriers and ground protection, service routing and
specifications, areas designated for structural landscaping to be protected
and suitable space for access, operation of site machinery, site storage
and other construction related facilities, and agreement to notify the local
planning authority in writing at least five working days prior to the
commencement of development on site.
The AMS and DTPP shall include details of the appointment of a suitably
qualified Project Arboricultural Consultant who will be responsible for
monitoring the implementation of the approved DTPP, along with details
of how they propose to monitor the site (frequency of visits; key works
which will need to be monitored, etc.) and how they will record their
monitoring and supervision of the site.
The development shall be carried out in accordance with the approved
details. For the duration that construction occurs on the site, and at such
intervals have been agreed within the AMS, the Project Arboricultural
Consultant shall submit a report to the local planning authority
summarising the findings of their site inspections carried out during that
period.
The approved means of protection shall be installed prior to the
commencement of any building, engineering works or other activities on
the site and shall remain in place until after the completion of the
relevant part of the development.
26) No development shall commence, including any groundworks, until a
Construction Method Statement has been submitted to and approved in
writing by the local planning authority. The Statement shall provide for:
• A Construction Traffic Management Plan to ensure safe access to/from
the site including details of any temporary haul routes and the means
by which these will be closed off following the completion of the
construction of the development;
• A Dust and Mud Control Management Scheme;
• The parking of vehicles of site operatives and visitors;
• The loading and unloading of plant and materials;
• The storage of plant and materials used in constructing the
development;
• The erection and maintenance of security hoarding including
decorative displays and facilities for public viewing, where
appropriate;
• Wheel washing facilities;
• Measures to control the emission of dust and dirt during construction;
• A scheme for recycling/disposing of waste resulting from demolition
and construction works;
• A scheme to control noise and vibration during the construction
phase; and,
• Provision of a dedicated telephone number(s) for members of the
public to raise concerns/complaints, and a strategy for pre-warning
residents of noisy activities/sensitive working hours.
The Statement shall thereafter be implemented as approved.
27) No development shall commence until a Method Statement has been
submitted to and approved in writing by the local planning authority
setting out how the two Pine trees identified as T93 & T94 identified for
translocation in 'The Proposed Tree Management Location Details Based
on Outline Plan' (SES, 24 Nov 2021) will be re-located and detailing all
stages of work and timescales for such work in relation to the
development construction timescales. The Method Statement shall also
identify relevant stages of the process at which an appropriately qualified
Independent Specialist shall both certify that the work has been carried
out in accordance with the approved details of the Method Statement and
submit a certification statement to the local planning authority for
approval in writing. The re-location of the identified trees shall be carried
out in accordance with the approved details and timescales.
28) No development shall commence until the following documents have
been submitted to and approved in writing by the local planning
authority:
i. A detailed assessment of ground conditions (including drainage and
topography) of the land proposed for the playing field which
identifies constraints which could adversely affect playing field
quality; and,
ii. Where the results of the assessment to be carried out pursuant to
(i) above identify constraints which could adversely affect playing
field quality, a detailed scheme to address any such constraints.
The scheme shall include a written specification of the proposed
soil structure, proposed drainage, cultivation and other operations
associated with grass and sports turf establishment and a
programme of implementation.
The approved scheme shall be carried out in full and in accordance with
the approved programme of implementation. The land shall thereafter be
maintained in accordance with the scheme and made available for
playing field use in accordance with the scheme.
Specific part of the development
29) No development or groundworks of any kind shall commence within the
areas identified within the CEMP: Biodiversity under Condition 19 until
the local planning authority has been provided with either:
i. A licence issued by Natural England pursuant to Regulation 55 of
The Conservation of Habitats and Species Regulations 2017 (as
amended) authorizing the specified activity/development to go
ahead; or
ii. A statement in writing from Natural England, or from a qualified
ecologist if Natural England does not respond within 56 days to a
written request for a statement, to the effect that it does not
consider that a specified activity / development will require a
licence.
30) No above ground development shall commence until samples of the
materials to be used on the external surfaces of the buildings have been
submitted to and approved in writing by the local planning authority. The
development shall only be implemented in accordance with the approved
details.
31) No piling shall be undertaken on the site in connection with the
construction of the development until a system of piling and resultant
noise and vibration levels has been submitted to and agreed in writing by
the local planning authority. The agreed noise and vibration levels shall
be adhered to throughout the construction process.
32) A Post Excavation Assessment shall be submitted to and approved in
writing by the local planning authority within six months of the
completion of the fieldwork; such assessment shall include details of the
completion of post excavation analysis, preparation of a full site archive
and report and an undertaking for deposition of a post excavation report
at the local museum. The report shall be deposited as agreed within the
stated timeframes in the Post Excavation Assessment.
33) Notwithstanding the submitted details, any works to provide the priority
junction and site access off Rickstones Road, bus lane and gate, as shown
in principle on drawings numbered 2002470-005 B and 2002470-012 B,
shall not occur unless and until a Bat Survey Report has been submitted
and approved in writing by the local planning authority containing the
results of at least two roost surveys of tree T1 (as identified in SES
Ecological Impact Assessment October 2021) between the months of May
to September together with associated proposed mitigation and
enhancement measures should bats be found to be roosting in this tree.
Tree T1 shall be retained unless the local planning authority has
expressly agreed in writing to its removal.
Pre-occupation
34) The dwellings shall not be first occupied until the Technical Housing
Standards - Nationally Described Space Standards (2015) has been
complied with and the details of compliance provided to the local planning
authority.
35) Prior to first occupation of the development, a SuDS Maintenance Plan
detailing the maintenance arrangements including who is responsible for
different elements of the surface water drainage system and the
maintenance activities/frequencies, shall be submitted to and approved 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.
36) Prior to first occupation of the development, a Revised Residential Travel
Plan together with the contents of Residential Travel Information Packs
for sustainable transport (including information as to circular walking
routes accessible from the application site) shall have been submitted to
and agreed in writing with the local planning authority. The Revised
Residential Travel Plan shall be implemented as agreed. The provision of
Residential Travel Information Packs shall be distributed as agreed to the
owners of each dwelling at the point of their first occupation.
37) Prior to first occupation of the development, full details of the design and
specification of the ball stop mitigation, including details of management
and maintenance responsibilities, shall have been submitted to and
approved in writing by the local planning authority. The approved details
shall be installed in full before the development is first occupied and
thereafter be managed and maintained in accordance with the approved
details.
For compliance
38) No site clearance, demolition or construction work shall take place on the
site, including starting of machinery and delivery of materials, outside the
following times:
• Monday to Friday 0800 hours - 1800 hours;
• Saturday 0800 hours - 1300 hours; and,
• Bank Holidays & Sundays - no work.
39) No burning of refuse, waste materials or vegetation shall be undertaken
in connection with the site clearance or construction of the development.
40) If the development hereby approved does not commence (or having
commenced, is suspended for more than 12 months) within three years
from the date of this outline planning consent, all ecological measures
previously approved shall be reviewed and, where necessary, amended
and updated. The review shall be informed by further ecological surveys
commissioned to: i) establish if there have been any changes in the
presence and/or abundance of Protected or Priority species; and, ii)
identify any likely new ecological impacts that might arise from the
changes.
Where the survey results indicate changes have occurred that will result
in ecological impacts not previously addressed in the approved scheme,
the original approved ecological measures shall be revised and new or
amended measures, and a timetable for their implementation, submitted
to and approved in writing by the local planning authority prior to the
commencement/re-commencement of development. Works shall then
only be carried out in accordance with the new approved details.
41) The applicant or any successor in title must maintain yearly Logs of SuDS
Maintenance which should be carried out in accordance with any
approved Maintenance Plan under Condition 35 of this decision. The Logs
of SuDS Maintenance must be available for inspection upon a request by
the local planning authority.
42) Unless revised under a condition of this consent or legal obligation tied to
it, all ecological mitigation measures and/or works shall be carried out in
accordance with the following documents: Ecological Impact Assessment
(Southern Ecological Solutions Ltd, October 2021), Skylark Mitigation
Strategy (Southern Ecological Solutions Ltd, Jul 2021) and Reptile
Mitigation Strategy - Rev B (Southern Ecological Solutions Ltd, July
2021).
43) Notwithstanding the provisions of the Town & Country Planning (General
Permitted Development) Order (England) 2015 (as amended) the Sports
Pitches shown to be provided in the north of the site on Land Use
Parameters Plan (BW219-PP-01 Rev I) shall not be lit unless the local
planning authority gives written consent to details of such lighting either
submitted in conjunction with reserved matters application(s) to this
planning application or by a separate application for planning permission
made thereafter.
44) Notwithstanding the submitted details, the development hereby
permitted shall provide for a minimum of 25% of the Market Housing as
1 or 2-bed dwellings.
45) Notwithstanding the submitted details, the spine road to be provided
through the development (as shown in principle between Evans Way and
Rickstones Road on drawing number Vehicular Access & Movement
Parameter Plan BW219-PP-03B Rev F) shall have a minimum carriageway
width of 6.75 metres.
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