Case Reference: 3281212

Appeal Decision
Inquiry Held on 11-21 January 2022
Site Visit made on 20 January 2022
by R Barrett BSc (Hons) MSc MRTPI IHBC
an Inspector appointed by the Secretary of State
Decision date: 30 March 2022
Appeal Ref: APP/V1505/W/21/3281212
Basildon Town Square North, Basildon SS14 1BA
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a failure to give notice within the prescribed period of a decision on an
application for planning permission.
• The appeal is made by [APPELLANT] against Basildon Borough Council.
• The application Ref 20/01350/FULL, is dated 22 December 2020.
• The development proposed is described as ‘hybrid planning application seeking detailed
planning permission for Plot 1 and outline planning permission for Plot 2:
Plot 1 (West Wing) comprising detailed planning permission for the full and partial
demolition of existing floorspace, erection of new buildings up to 23 storeys to provide
265 residential dwellings (Class C3) and new Class E and Flexible Class E/F1/F2
floorspace, external alterations, along with associated landscaping, amenity space, car
and cycle parking, new pedestrian accesses and circulation, plant and storage, and
associated works; and
Plot 2 (East Wing) comprising outline planning permission (all matters reserved) for the
full and partial demolition of existing floorspace, erection of new buildings to provide up
to 230 residential dwellings (Class C3) and new Class E floorspace, external alterations,
along with associated landscaping, amenity space, car and cycle parking, new
pedestrian accesses and circulation, plant and storage, and associated works.’
Decision
1. The appeal is allowed and planning permission is granted for ‘hybrid planning
application seeking detailed planning permission for Plot 1 and outline planning
permission for Plot 2:
Plot 1 (West Wing) comprising detailed planning permission for the full and
partial demolition of existing floorspace, erection of new buildings up to 23
storeys to provide 265 residential dwellings (Class C3) and new Class E and
Flexible Class E/F1/F2 floorspace, external alterations, along with associated
landscaping, amenity space, car and cycle parking, new pedestrian accesses
and circulation, plant and storage, and associated works; and
Plot 2 (East Wing) comprising outline planning permission (all matters
reserved) for the full and partial demolition of existing floorspace, erection of
new buildings to provide up to 230 residential dwellings (Class C3) and new
Class E floorspace, external alterations, along with associated landscaping,
amenity space, car and cycle parking, new pedestrian accesses and circulation,
plant and storage, and associated works’ at Basildon Town Square North,
Basildon SS14 1BA, in accordance with the terms of application, Ref
20/01350/FULL, dated 22 December 2020, and the plans submitted with it,
subject to the conditions set out in annex 3 to this decision.
Preliminary Matters
2. The appeal includes a hybrid application which seeks full planning permission
for plot one (west wing), and outline planning permission, with all matters
reserved, for plot two (east wing). In relation to plot two, approval of the
details of the access, appearance, landscaping, layout and scale of the
proposed development are to be determined at a later date. However, the
appeal application includes an illustrative design for Plot 2 and parameter
plans. A condition could secure development in accordance with those
parameter plans. I have had regard to these matters in determining this
appeal.
3. The Inquiry was attended by a Rule 6(6) party (R6) with an interest in its own
development proposal in Basildon Town Centre. This was InfraRed UK Lion
Nominee 1 Limited (in administration) and InfraRed UK Lion Nominee 2 Limited
(in administration).1
4. Prior to opening this Inquiry an appeal decision2 relating to development at
Market Square was issued. That involved tall building development close to the
appeal site within the Town Centre. I have had regard to that decision letter in
the determination of this appeal.
5. During the course of this application and appeal, the description of
development was amended. Those amendments reflect changes to the
proposed development. As the revised description of development was agreed
between the two main parties during pre-Inquiry engagement, I have used this
in the banner heading above and in my formal decision.
6. Prior to opening the Inquiry, I undertook an unaccompanied site visit, following
an itinerary agreed between the main parties. In addition, I carried out an
accompanied site visit, which took place towards the end of the Inquiry.
7. Shortly before the Inquiry opened the 2021 Housing Delivery Test (HDT)
results were published. This confirmed that Basildon Borough Council (the
Council) had a HDT score of 41%. I have made my decision in light of this.
8. In pre-Inquiry engagement the main parties agreed a number of statements of
common ground, in relation to general matters, each of my main issues,
housing land supply (HLS) and extant and emerging Council planning policy.
My decision is made accordingly.
9. At the start of the Inquiry the Basildon Borough Local Plan 2014-2034 (eLocal
Plan) was at Examination. As part of that Examination, prior to the Inquiry
opening, the Council published a number of evidence based documents along
with some modifications to the eLocal Plan. That included the Basildon Town
Centre Urban Capacity Study (September 2021), and the Basildon Town Centre
Development Appraisal Results (November 2021). A statement of common
ground set out the main parties’ position on the weight to be attached to each
document.
1 Hereafter referred to as InfraRed
2 APP/V1505/W/21/3279154 hereafter referred to as ‘the Orwell appeal’
10. However, prior to issuing my decision, on 3 March 2022, the Council took the
decision to withdraw the eLocal Plan from Examination. The views of the main
parties were sought regarding the implications for this appeal. Those have been
taken into consideration in my deliberations. In this regard, the consequence is
I attach no weight to the eLocal Plan and very limited weight to the evidence
base documents referred to. In addition, I have taken the matter into account
in considering the appeal, including the Council’s HLS position and in assessing
the s106 Agreement.
11. The Council advised, that had it determined the appeal application within the
prescribed period, it would have refused permission. The Council provided
three putative reasons for refusal, which included those relating to my main
issues below. However, those reasons also included objection on the basis of
inequal access to private amenity space. Prior to the start of the Inquiry, in
light of the approach taken and conclusions in the Orwell appeal, the Council
confirmed that it did not wish to defend that matter. Given the amount and
quality of private amenity space provided as part of this appeal development, I
have no reason to take an alternative view on this matter.
12. The third reason for refusal relates to the absence of a legal Obligation to
secure financial contributions, and matters including the proposed build to rent
use, housing unit mix, site wide accommodation and its management,
monitoring, and historic building recording. A draft s106 Agreement was
submitted at Inquiry. A final completed version was submitted after its close, in
accordance with an agreed timetable. The Council confirmed that its provisions
address its concerns in this regard. I make my decision on that basis.
13. In relation to HLS, it was agreed that the Council could not demonstrate a five
year supply, although there was dispute as to the extent of the shortfall.
Irrespective of the exact figure, and given the HDT results, it was agreed that
the tilted balance in the National Planning Policy Framework (the Framework)
paragraph 11(d) was engaged. Accordingly, the policies most important for
determining this appeal were deemed to be out of date. This means that
permission should be granted unless any adverse impacts of doing so would
significantly and demonstrably outweigh the benefits, when assessed against
the policies in the Framework taken as a whole.
Main issues
14. On the basis of the above considerations, my remaining main issues in this appeal
are:
• The effect of the appeal proposal on the character and appearance of the Basildon
Town Centre, with particular regard to the height, scale, massing and architectural
treatment of the proposal.
• The effect of the appeal proposal on the special architectural or historic interest
of Brooke House, a grade II listed building and designated heritage asset, with
particular regard to its setting.
Reasons
Character and Appearance
Site and surroundings
15. Basildon Town Centre is strongly influenced by its New Town origins. It has a
strong modern movement idiom and architectural character. As an example of
post war modernist urban design, it comprises a dominant Ring Road which
encircles the Town Centre car parks and pedestrianised precincts. It is laid out
on a roughly rectangular grid arranged on an east-west axis, with large and
generally open precincts, including East Square, Town Square and St Martin’s
Square, all close to the appeal site.
16. Buildings that line pedestrianised precincts are generally low rise and of simple
rectilinear form, with a strong horizontal emphasis and permeable ground
floors, often under cantilevered canopies. The use of modern materials,
including concrete, glazed curtain walling and stone and aggregate cladding
panels provides a simplicity to their appearance. Almost uniformly two storeys
in its outer suburban edges, the Town Centre is generally 2 to 5 storeys with
some uniformity in the height, age, style, materials and detailing of the core
Town Centre buildings. It includes a limited number of tall buildings, which
provide contrast in scale to the generally low level character of the Town
Centre.
17. Today, the Town Centre has a generally run down feel evidenced by its fading
physical fabric, a plethora of empty retail units and generally underused public
spaces. It is agreed between all main parties that the Town Centre is in need of
regeneration.
The appeal site
18. The appeal site sits in the core of the Town Centre fronting two sides of Town
Square. It is in a highly prominent location. It includes a series of buildings
forming a discrete urban block framing Town Square, St Martin’s Square, East
Square and ‘low pavement’. That pavement runs along the rear of the site
adjacent to the car park block. Another pedestrian route, known as ‘high
pavement’ runs at third floor level from Town Square to the same car park.
19. The appeal site includes a number of typical Basildon Town Centre buildings.
Eastern Parade, is a two and three storey building adjoining Brooke House. It is
horizontal in emphasis, with a retail arcade supported by concrete columns.
Brooke House oversails the lower most part of Eastern Parade.
20. Northgate House sits beyond as an L shaped three storey element including
residential accommodation, sitting above a low level continuous parade. It has
recently been refaced with colourful cladding. A glass enclosed lift and stair
connects Town Square to high pavement. The former Marks and Spencer
building is a three storey mainly red brick element, with generally blank
elevations, which steps forward to partially enclose Town Square and St
Martin’s Square.
21. The appeal site, which includes the Town Centre central core, emulates the
generally low level, distinctive development seen throughout the Town Centre
and thereby contributes to the wider character and appearance of the Town
Centre.
Brooke House
22. Brooke House sits close to the appeal site. It is a 14 storey residential tower
block, raised roughly eight metres above the ground, on reinforced concrete V
shaped pilotis. Of remarkable Brutalist design, the main bulk of the building is
of simple rectilinear form. The principal east and west elevations have
uniformly spaced projecting V shaped windows, with much plainer brick north
and south elevations with a single central vertical opening.
23. Brooke House was the first tall building in Basildon Town Centre, introduced as
a later addition to the New Town masterplan. Built in the early 1960s, its
purpose was to counterbalance the previous low level development, add height
and drama to the townscape and introduce residential activity into the Town
Centre. It is a grade II listed building.
24. The Council refers to Brooke House as a ‘Stadtkrone’, a ‘City Crown’, a term
applied to a type of civic building of indeterminate use proposed by a number
of German Brutalist architects in the early 20th century. Regardless of the
appropriateness of that description, Brooke House is a standout building and a
local landmark, due to a combination of factors. Those include its height, mass,
bulk and slender form, distinctive architectural design and detailing, its siting in
the Town Centre core at the junction of two main pedestrian squares (East and
Town Squares), along with its planned contrast with the surrounding generally
low level development. Those elements, together with its visibility in longer
range views, ensure it is a prominent and even dominant feature in the local
area.
25. I find the historic commentaries on the history of Brooke House and the
original masterplan referred to by all main parties to assist little as to whether
Brooke House was intended to be the only tall building in the Town Centre or
indeed the tallest building. However, I agree that this is rather academic, as
other tall buildings are part of the Town Centre today3, and a taller building has
been permitted within the Orwell scheme. Further, no substantive evidence is
before me to indicate that Brooke House should serve as a cap on future height
within the Town Centre.
26. All in all, being a prominent and in some views dominant feature in the Town
Centre, Brooke House significantly contributes to the character and appearance
of the locality.
Impact of proposed development
27. The appeal development would introduce a number of new tower blocks, which
would be significantly higher than Brooke House. At Inquiry, its impact was
assessed through examination of a number of key views within and beyond the
Town Centre. Whilst these are mainly static views, my conclusions in relation to
each is reinforced by my on-site assessment.
Local views
28. From the sunken level of East Square, as the towers would be some distance
from Brooke House, with intervening low level development, the dominating
3 Accorn House (7storeys), Ketling House (9 storeys) abutting the inner cordon Ring Road, the Icon (10 storeys)
and Trafford House 8 storeys with approval for another three storeys) to the south of the Ring Road. Approval also
exists for the redevelopment of the Great Oaks GS8 ‘island’ site (8-11 storeys), within the arterial road but
physically detached from the main Town Centre.
impact of Brooke House and planned contrast in height and scale with the low
level buildings beyond would be retained.
29. From within Town Square, the podium and tower arrangement would ensure a
human scale to the space and respond appropriately to the architectural
arrangement of Brooke House. The additional height and scale would help to
improve the enclosure of Town Square and would relate to the scale of the
space and the height of development permitted in the Orwell development.
Tower A, the highest tower, marking the entrance and junction with Market
Square would act as a counterbalance to the height and scale of Brooke House.
By respecting the hierarchy of the spaces and built form, it would enhance the
landmarking role of Brooke House. Within Town Square, looking towards
Brooke House, due to the separation distance from the proposed towers and
intervening retained low level development, the listed building would retain its
separation and dominating impact. This would be the case, even though the
proposed towers would be sited within the same city block as Brooke House.
30. From East Walk, part of the main east-west pedestrian spine, the proposed
development would be partially seen as a backdrop to the low level
development on either side. Views of Brooke House with Towers C and D sited
behind would be significantly obscured by the recently developed new cinema.
Tower A would be seen as a terminating building, marking Market Square.
There would be a significant skyline gap between it and Brooke House. The
effect of distance would render the height and scale of the proposed towers
roughly in line with Brooke House. The increased height and scale of
development, progressing along East Walk towards East Square, would
reinforce the Town Centre’s role. Overall, Brooke House would remain the
dominant building in this view, albeit as one of a number of tall buildings.
31. In relation to Market Square, the proposed development would introduce
appropriate Town Centre scale and height to its built edges. That would
improve the relationship of built edge to open space, helping to enclose the
vast space with proportionate built form. The lower level podium would
introduce a strong horizontal element which would give the edge a human
scale. The towers rising from the podium would read as a secondary element
viewed from within the Square. Due to the staggered plan with offset towers, a
significant skyline gap would be appreciable between the vertical elements.
Given the separation distance, human scale and horizontal emphasis of the
podium, it would relate well to the Church and Bell Tower. In particular, its New
Town architecture, with urban loggia, vertical columns and lattice screen would
establish a visual link with the church. It would introduce active frontages
which would animate the edge.
32. Overall, in relation to St Martin’s Square, the proposal would relate well to the
scale of the space, help to enclose it, improve its proportions and enhance its
edge. As Brooke House is currently mostly obscured by existing development
fronting Market Square, no material impact on its pre-eminence would result in
views from that Square.
Longer range views
33. In views on the pedestrian route from Gloucester Park, the towers would be
visible as four district elements. There would be a clear distance between the
pairs and skyline gaps would open up between the individual volumes as one
progresses along the path. Distinct elevational treatments in the New Town
tradition would help to differentiate the volumes and refer to Brooke House. In
some views the collection would obscure Brooke House. However, those would
be transient views and Brooke House would open up as a separate element in
the view as one progresses nearer the Town Centre.
34. From the railway station forecourt, the proposed towers A and D would be in
the view as separate volumes marking the Town Centre. Brooke House, some
distance away, would sit in the view and due to the separation distance from
the proposed towers no material impact on its prominence would result.
35. Following the pedestrian route from the station, at Fodderwick the full scale of
the proposed development would be obscured to a great extent by the height
and mass of the Orwell development and from Market Pavement, it would be
partly obscured. However, where visible, the towers would read as separate
volumes, differentiated by their elevational articulation and colour. There would
be a significant gap between the proposed towers and Brooke House,
preserving its separate dominating appearance.
36. In views from Broadmayne, on the Ring Road, the proposed development
would be seen as a distinct group sat behind Great Oaks. Brooke House would
remain clearly legible as a separate volume. The proposal would read as
buildings of scale and interest landmarking the Town Centre. From
Southernhay, the top of Brooke House is clearly visible above the horizontal
volumes of the Toys R Us retail units. The proposed towers C and D would be
visible beyond, and together with Brooke House would form a cluster, within
which, Brooke House, due to its distinctive form and architectural detailing
would be distinct.
37. In some views from beyond the Ring Road, the appeal towers would be seen to
form an attractive group. They would mark the Town Centre location filling the
gap between Great Oaks and Brooke House to form an attractive and lively
skyline. Brooke House, although forming part of that group, due to variations in
height, form and materiality, would be clearly identifiable. From Clayhill Road/
Southernhay junction, Brooke House would be set apart, terminating the view.
The proposed towers would read as separate paired elements, with clear
differences in height and materiality, allowing Brooke House to remain as
distinct.
38. In long distance views from Gloucester Park, one of the town’s main public
parks, the proposed towers would be seen as the tallest cluster on the skyline,
albeit in scale with Great Oaks and Brooke House which would sit separately.
Their form and massing would be simple and they would read as separate
volumes, with a significant skyline gap between the two pairs.
Elevational treatment
39. Plot 2, including towers C and D, are the subject of an outline application.
Design is a reserved matter and elevational treatment will be assessed at that
stage. However, illustrative drawings indicate clear horizontal bands with relief
and depth which could successfully moderate the towers’ verticality.
40. In tower A, the use of vertical piers arranged over twin floors group storeys
together, which helps to reduce the sense of height. A crowning detail at the
top brings an end to the grouping and successfully terminates the building. The
offset, alternating and irregular rhythms of angled piers, subdivided windows
and balconies, provide interest, depth and relief.
41. Tower B, with single height horizontal divisions, regular and offset vertical
columns, balconies, some of which are protruding, recessed windows and
contrasting materials, successfully draws the eye to its horizontal elements,
even on its north elevation.
42. Generally, the elevational treatments reinterpret the distinctive character of
Basildon’s New Town architecture, without slavishly copying it. Generally, they
combine elegant verticals and strong horizontals to successfully mediate their
verticality and horizontality.
Design code
43. It is understood that the scale parameters in the Design and Access Statement
(DAS) are legal requirements and are not a design code. However, a planning
condition could ensure that design development of the outline scheme adhered
to those requirements. That could fix the location, height and massing of the
outline scheme. Together with the other design principles set out in the DAS,
which could also be subject of a planning condition, they could provide
appropriate assurance of the design principles of a detailed scheme. At the end
of the day, the Council would have control over the detailed design of the
outline scheme through determination of reserved matters applications.
44. It may well have been preferable to produce a design code at this stage.
However, the parameter plans, along with the other principles set out in the
DAS, provide an appropriate basis to inform the development of a design code,
in accordance with the National Design Guide. As high level design principles
are set down in the DAS, and could be conditioned, whether the current
designers and appellant deliver any future scheme or not is of no material
consequence.
Design development
45. Evidence was provided to assure me that the appeal development has evolved
with a full and deep understanding of the distinctive history, character and
appearance of the locality. Design development included extensive dialogue
with the Council. It tested low, medium and high rise options, the composition
and siting of different elements and relationships with Brooke House.
46. The design was tested against the imperatives of maximising the potential of a
brownfield Town Centre site, achieving density, ensuring viability, townscape
impact and landmark identity. Reasons for discounting the low and medium
rise options and favouring a podium and tower option are provided. Together,
they provide a clear rational for the high rise option promoted in the appeal
scheme, given the appeal site’s sensitive location and relationship with Brooke
House.
Conclusion
47. In close range and local, mainly planned, views, the primacy of Brooke House
would be preserved, including, its contrast with surrounding low level
development and its distinctive architecture. Its townscape role in landmarking
the junction of Town Square and East Square would be enhanced by the
positioning of tower A to bookend the junction of Town Square and St Martin’s
Square. The proposal would respect the existing urban hierarchy and scale of
spaces. The elevational treatment would contribute to a visually attractive
group of buildings, which would be sympathetic to local character and history.
48. In longer range views, Brooke House would be seen as part of a group of tall
buildings, rather than one of a few disparate tall forms, resulting in a lively and
attractive skyline. That would enhance the wider landmarking role of Brooke
House in some regards. Due to a significant skyline gap between the new
elements and the listed building, and its distinctive form, its pre-eminence and
wider landmarking role would still be appreciable, both in the day and at night.
However, in some views, the focus on Brooke House would be eroded and in a
few it would be obscured. Overall, however, for all the reasons given, Brooke
House would remain legible and distinct.
49. I appreciate that neither the original masterplan concept nor subsequent
evolution of the Town Centre envisages Brooke House as part of a group of tall
buildings. However, that does not indicate that it would not be acceptable in
townscape terms today. As Brooke House is generally seen along with other tall
buildings, no material impact on its singularity would be a consequence of this
development.
50. It is agreed between all main parties that the Town Centre is in need of
regeneration. The appeal development would deliver that, bringing about
transformative change. However, for the reasons given, that transformation
would deliver a visually attractive development that would have an acceptable
relationship with Brooke House and the locality generally.
51. I conclude that the appeal proposal would not adversely impact the character
and appearance of Basildon Town Centre, with particular regard to the height,
scale, massing and architectural treatment of the proposal. Overall, it would be
visually attractive, sympathetic to local character and history, including the
surrounding built environment and would establish or maintain a strong sense
of place. In that regard it would generally accord with Framework paragraph
130.
52. In addition, it would accord with policies BE12 and TC1 of Basildon District
Local Plan Saved Policies September 2007. Those, together, require
development to be sympathetic and appropriate to the area and avoid harm to
the character of the surrounding area. It would also generally accord with the
National Design Guide, which advises that proposals for tall buildings (and
other buildings with a significantly larger scale or bulk than their surroundings)
require special consideration.
Heritage
53. Basildon Town Centre and its surroundings include a number of heritage
assets. The main parties agreed that a number of heritage assets and non-
designated heritage assets would not be impacted by the appeal development.4
On the basis of the separation distance, the characteristics of the appeal
proposal and the significance of those heritage assets, I have no reason to take
an alternative view. However, it is common ground that the appeal site falls
within the setting of Brooke House.
4 Church of St Nicholas (grade I); Church of Holy Cross (grade II*); scheduled moat at Basildon Hall; raised pool
and sculpture and retaining walls, ramps, steps staircase, bench and raised paving (all grade II) Church of St
Martin of Tour and Basildon Fire Station as non-designated heritage assets.
54. Brooke House forms part of a group of listed structures including the Raised
Pool, and Sculpture at Town Square and retaining walls, ramps, steps,
staircases, bench and raised paving at East Square. The main parties agree
that the relationship between these elements would not be materially impacted
by the appeal development. Given the separation distance and the nature of
the appeal scheme, I agree with that position.
55. The primary significance of Brooke House as a heritage asset is drawn from its
distinctive bold architectural form and features. This is not materially
diminished by issues related to its internal design or condition. Its historic
interest includes its development as the first tall building in Basildon, reflecting
post World War II, social, economic and political change. It also has historic
associations with Sir Basil Spence and Henry Brooke, the Minister for Housing
and Local Government of the time. It is rare, as one of the best examples of
point blocks in the New Town movement. All of these matters add to its
significance as a listed building.
Setting
56. The listed building derives some lesser significance from its setting, particularly
its local setting. That includes the sunken East Square and Raised Pool and
Sculpture, along with a number of planned views from East Square, and Town
Square and the main east-west pedestrian route. From those locations, one can
appreciate the dramatic and dominant form of the main bulk of the building
and through the pilotis the contrast with the lower level development beyond.
This is despite recent changes to East Square and development of a new
cinema nearby.
57. The appeal site falls within the local setting of Brooke House. The low level
development immediately adjacent forms part of the podium from which
Brooke House springs upwards. It is part of the same architectural composition
and therefore contributes to its architectural significance. Northgate House and
the former Marks and Spencer building, being in a different architectural style
detract from Brooke House. In line with my previous conclusions the townscape
within the immediate setting is generally degraded.
58. Whilst not included in the listing description, the listed building derives some
smaller significance from its wider setting, from which I have limited evidence
of any longer range planned views. This includes the rest of the Town Centre
and suburban areas from which Brooke House can be appreciated as a
landmark building.
Impact of proposed development
59. The proposed development would bring about change within the setting of
Brooke House. I have explored its impact in local planned views from East
Square, Town Square and the main east-west pedestrian spine. Generally, for
the reasons given, it would still read as a standout building.
60. In longer range views Brooke House would form part of a group of tall buildings
on the skyline. The interplay of different heights and materiality would enable
Brooke House to read as visually separate, often with a significant skyline gap
between the proposed towers and Brooke House. However, by being part of a
cluster of tall buildings, in some views the focus on Brooke House and therefore
its prominence would inevitably be diminished.
61. Given the lack of evidence that Brooke House was ever intended as a singular
tall building, I am not convinced that any reduction in singularity would
harmfully impact significance. In any event as it is generally seen along with
other tall buildings today, no material impact in this regard would result.
62. I acknowledge that some elements of the proposal, such as the placement of
block A to bookend Town Square, would enhance the significance of Brooke
House. In general, the local setting would be upgraded with improved
appearance, more active frontages, improved arrival experience from high and
low pavement and improved outlook from the listed building itself. It would
introduce new view points from which the listed building could be appreciated,
including the new pedestrian cut through from St Martin’s Square and the new
podium and roof open spaces. However, overall those heritage benefits, when
taken together, would not outweigh the harm that I have identified to the listed
building. Less than substantial harm would result, therefore.
Heritage balance
63. I have identified some harm to the listed building due to the erosion of the
focus on Brooke House. In accordance with Framework paragraph 199, I accord
great weight to the conservation of designated heritage assets. I consider that
the harm to the significance of the heritage asset identified would, be less than
substantial. Mindful of my statutory duties5, this is a matter to which I attach
considerable importance and weight. In this case, however, public benefits, as
identified in Framework paragraph 202, are before me. Taking them as a
package, including the regenerative benefits and provision of homes and jobs,
they would outweigh the harm that I have identified.
Conclusion
64. I conclude for the above reasons, that the appeal development would result in
less than substantial harm to the significance of the listed building. However,
that harm would be outweighed by the public benefits of the appeal
development. In this regard, it would accord with Framework paragraphs 199
and 202, which aim to conserve heritage assets balancing public benefits
against any harms identified.
HLS
65. It was agreed between the main parties that the Council cannot demonstrate a
five year housing land supply. The nub of the difference between the parties is
the extent of the shortfall and the consequent weight to be attached to the
delivery of housing in relation to this appeal. Given the very recent findings of
my colleague in the Orwell appeal, and the agreed matters above, the main
parties agreed that in order to carry out that exercise, a forensic examination
of the Council’s HLS position would not be necessary. All agreed that the
identification of a precise figure was not required and a range would be
sufficient in the circumstances of this appeal.
66. If I were to agree with the Council’s more optimistic picture, of a 2.88 year
HLS, that indicates a very serious shortfall. If I were to take the appellant’s
position of 1.3 year HLS, a chronic shortfall is identified. The consequence of
the lack of a five year HLS are generally agreed; at the two ends of the
5 sections 16(2), 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990
spectrum the appellant attaching very substantial weight to the provision of
housing as a consequence of this appeal; the Council attaching substantial
weight.
67. On this issue, my deliberations are confined to assessing the weight to be
attached to the provision of housing for the purposes of this appeal alone. In
that regard, given my findings on the substantive matters in this appeal, the
weight I attach to the provision of housing to meet the unmet need would not
influence the outcome of this appeal. I therefore do not have any reason to
pursue this matter any further.
Other Matters
68. In relation to the Orwell appeal, I acknowledge that dealt with a scheme which
would not be as tall as the appeal development. It would also be further away
from Brooke House. However, where relevant to this appeal, my views
generally accord with those of my colleague.
69. A key concern of local residents is the development of tower blocks and the
impact on the skyline and Town Centre generally, along with the loss of Town
Centre buildings. I have addressed those matters in my main issues.
70. The appeal proposal would provide active ground floor uses and residential
accommodation in the Town Centre. This would help to enliven the area around
the clock and enhance its vitality and viability. Measures to design out crime
have been employed in proposed plot 1 and in relation to plot 2 safety and
security of future users could be secured through the submission of reserved
matters. In addition, a condition would ensure that the development as a
whole, is informed by the Secured By Design principles. The means by which
the proposed development is policed is not a matter that falls within my remit.
71. The proposed development is intended to meet national space standards. Given
the appeal development is built to rent accommodation, which generally
comprises bedrooms, en-suite facilities, shared living spaces, and communal
spaces, the unit sizes would provide adequate living conditions. Unit and
accommodation mix, aimed to meet local identified need, would be controlled
through the s106 Agreement for both plots 1 and 2.
72. In terms of access to open space, the development would include roof and
podium level gardens, each within a defined minimum distance of each unit of
accommodation. In terms of private outdoor space, each unit of
accommodation would have a juliet, half or full balcony. In combination with
communal indoor space, overall it would result in acceptable living conditions.
I have no substantive evidence to indicate that the living conditions would
result in negative health impacts for prospective residents.
73. The appeal development would be in the Town Centre close to a range of
facilities and services and public transport options, hence is mainly car free.
This would accord with the Government aim to reduce reliance on private
modes of transport and promote sustainable forms. Therefore, the amount and
quality of car parking, confined to disabled parking, is acceptable.
74. The proposed development would provide financial contributions to
complement local infrastructure and facilities in relation to its impacts. That
would ensure that adverse impacts on local infrastructure would be mitigated.
75. There is an identified need for housing in Basildon. The appeal development
would contribute to meeting that need, even though it would not provide
affordable housing. Viability evidence suggests that the development would not
be viable if affordable homes were forthcoming. However, review mechanisms
would be secured through the s 106 Agreement, which would trigger affordable
housing should viability change. The s106 Agreement also includes
mechanisms to prioritise local people for the purchase of private sale homes
and optimise owner occupation.
76. Supporting studies indicate that unacceptable overshadowing, loss of light, or
impacts on privacy would not be a consequence of the appeal development. I
have no substantive evidence to indicate that it would adversely impact air
quality. Local disruption in terms of construction traffic, noise and disturbance
would be an inevitable consequence. However, that would be for a limited
period of time, and planning conditions would be able to control such impacts.
77. Concern is raised that consultation during consideration of the appeal
application has not been effective or sufficient. Whilst I note that consultation
did take place both during design development and during consideration of the
application, this is principally a matter for the Council.
Legal Agreement
78. An executed s106 Agreement is before me. Whilst the Council has confirmed
that it is satisfied with its contents, for its provisions to be given weight in the
determination of this appeal, I am required to assess whether they are
necessary to make the proposed development acceptable in planning terms,
directly related to the proposed development and fairly and reasonably related
in scale and kind.
79. The requirement for a marketing strategy for any private for sale residential
units will ensure that local people are prioritised and that owner occupation is
maximised. Given the identified housing need in the borough, the provisions
meet the relevant tests.
80. Build to rent provisions secure the residential units in single ownership for at
least 15 years, with clawback arrangements for the provision of affordable
housing should that covenant be broken. Management arrangements would
secure the appeal scheme as build for rent in accordance with the
Government’s definition.
81. A two stage affordable housing viability review mechanism is included. Such
provisions ensure a mix of housing to meet the needs of the community if
proved viable. If a contribution were to come forward, mechanisms ensure it
would be directly proportionate to the overall scale of development. Given
identified need, this is necessary.
82. Given the hybrid nature of the appeal scheme, the planning Obligation includes
provisions to secure the target residential unit mix and accommodation
schedule for plot 2, prior to submission of reserved matters, together with an
accommodation schedule for plot 1. This is intended to secure a unit mix to
meet identified local needs.
83. Highway condition surveys pre and post construction, along with a mechanism
to rectify any damage caused by construction traffic is necessary in the
interests of highway safety. The submission of residential and workplace travel
plans will ensure that sustainable forms of travel are available to prospective
residents of the appeal scheme and minimise single occupancy trips associated
with it.
84. Monitoring existing off street parking controls within the vicinity of the
proposed development would enable targeted improvement. As the proposed
blue badge and drop off parking spaces fall outside the appeal site in Great
Oaks car park, the Obligation secures their provision to ensure an inclusive
development. Arrangements would be secured, using reasonable endeavours,
to provide car club parking spaces with electric vehicle charging points. This
would promote sustainable forms of transport.
85. Associated provisions also secure arrangements for a Quality Review Panel for
development proposals on plot 2, provisions to secure the public access
elements of the appeal scheme (the pedestrian route known as The Cut linking
St Martin’s Square to Town Square and the public galleries on first and second
floors) and historic building recording.
86. Financial contributions towards healthcare provision, open space, culture, play
and sports provision, high quality Town Centre highway improvements and
pedestrian access, along with sustainable transport infrastructure are
necessary to mitigate the impacts of development. An employment and skills
contribution, including funding for an employment and skills plan co-ordinator
for the construction and operational phases, along with submission of an
employment and skills plan are also included.
87. Additionally, the Obligation includes provisions for education contributions
towards early years and childcare provision, secured either as a facility within
the proposed development, which would accommodate the needs arising from
the appeal development in association with nearby development, or an off-site
contribution for need arising from this development alone. Contributions
towards the provision of primary and secondary school places in the locality are
also provided for.
88. There is also a contribution towards the Essex Coast Recreation Disturbance
Avoidance Strategy (RAMS), based on the mitigation measures set out in the
Habitats Regulations Assessment Stage 2 Appropriate Assessment. That would
address increased recreational disturbance arising from the proposed
development. Natural England has confirmed that the proposed mitigation
accords with its strategic level advice and should rule out any ‘adverse effect
on the integrity’ of European designated sites.
89. Monitoring and planning service fees in connection with the above provisions,
as appropriate, have been calculated on the basis of the previous experience of
Essex County Council and the Council. They are evidence based and justified.
90. Essex County Council and the Council both produced CIL compliance
statements. Those set out justification related to underpinning tests set out in
Regulation 122(2). In each case local or national planning policy justifies the
requirements, coupled with a clear formula or other means for the calculation
of any financial contributions and a clear indication of how and where the
contribution would be spent. Overall, I consider that the Obligations meet the
tests set out in paragraph 57 of the Framework and Regulation 122(2).
Benefits of the appeal proposal
91. The appeal proposal would provide housing, in the Town Centre, close to
facilities and services and public transport. The Council cannot demonstrate a
five year HLS and its past delivery has not met expectations of National policy.
Given the recent withdrawal of the eLocal Plan from Examination, there is
further uncertainty regarding a strategy to meet local identified housing need.
Even if I were to take the Council’s more optimistic five year HLS assessment,
the housing benefit weighs very heavily in favour of the appeal.
92. The proposal would reuse a Town Centre brownfield site and seeks adaptive re-
use, utilising some existing buildings. That would impact on the need to
accommodate growth on greenfield sites, which could include greenbelt land.
Overall, the approach would accord with Framework paragraphs 119 and 120
and is a benefit which also weighs heavily in the appeal’s favour.
93. The development would help to regenerate the Town Centre, contribute to a
night time economy, help to attract further investment and generate
employment during the construction period. It would help support local
businesses and tradespeople. Those economic benefits also weigh in favour of
the appeal.
94. The appeal development could deliver an on-site early years childcare facility,
with capacity beyond the demand arising from the appeal development. By
increasing residents in the Town Centre and footfall, the appeal scheme would
improve on street surveillance. To those benefits, together I accord some
weight.
95. Communal outdoor and indoor space would be used, generally, by residents of
the scheme only. The development would be car free. However, it would
provide a small number of car club spaces available to existing residents, as
well as those from the appeal development, which could encourage car sharing
in the locality. To those benefits I accord little weight.
96. Financial contributions generally relate to mitigating the impacts of
development and do not add weight in favour of the appeal. Neither do wider
infrastructure improvements for the same reason. In a similar way, straight
forward policy requirements dealing with demand arising from the appeal
proposals, such as cycle parking do not add weight. High quality development,
sustainability measures and public realm improvements are a fundamental
expectation of local and national policy. They do not weigh in favour of the
appeal.
97. The Council argued that many of the benefits would be delivered by any policy
compliant alternative development. This may be the case. However, I consider
the benefits as unique to this scheme and that the weight to be given to them
should be attributed accordingly. Whilst I accept that similar benefits may
come forward with an alternative scheme, I have no alternative scheme before
me.
98. On the basis of my conclusions on the appellant’s approach to design
development, I am content that it involved a careful examination of alternative
means of delivering the public benefits cited, in accordance with Historic
England Advice Note 4.
Planning Balance
99. I have found that there would be less than substantial harm to Brooke House.
However, in my judgement the public benefits that I have outlined would be of
sufficient importance to outweigh the harm that would arise to the significance
of Brooke House. In reaching this conclusion I have applied the balancing
exercise so as to give great weight and importance to the conservation of the
heritage assets, understanding that they are an irreplaceable resource.
100. The proposal would not have a harmful effect on the character and
appearance of the locality. There are no other matters that count against the
appeal development.
101. The statement of common ground identifies a range of Local Plan policies
which would not be offended by the appeal development. In terms of those
most relevant to the appeal, I have found no material conflict. I therefore
conclude that the proposal would be in accordance with the development plan
when read as a whole. It would also accord with the Framework when read as a
whole.
102. There is no doubt that the appeal scheme would offer very weighty benefits
as I have outlined above. My judgement is that the adverse impacts would not
significantly and demonstrably outweigh the benefits, when assessed against
Framework policy as a whole. This would be the case, even if I were to accept
the Council’s five year HLS assessment.
103. I have taken account of all other matters that have been raised, but have
found nothing to alter my conclusion that the appeal should succeed.
Conditions
104. A list of suggested planning conditions was discussed at the Inquiry and an
agreed list produced by the two main parties. Those conditions generally
accord with national policy and guidance6. A list of planning conditions to be
imposed is set out in Annex 3.
105. Conditions are necessary to identify the period within which development is
to commence, ensure that reserved matters are submitted, confirm the time
scale for submission of reserved matters, specify approved plans and ensure
that the Council has sufficient information, in discharging the planning
conditions, to discharge its duties under the Environmental Impact Assessment
Regulations. A condition to ensure development is carried out in accordance
with the phasing plan is also necessary. All of those conditions will provide
certainty in the development process.
106. A number of pre-commencement conditions are necessary. Those are agreed
between the Council and appellant for the purposes of section 100ZA and
regulation 2 of the Town and Country Planning (Pre-commencement
Conditions) Regulations 2018.
107. A condition to ensure access is available through the different phases of the
development is necessary. To reduce the environmental impact of the
construction phase and preserve and enhance biodiversity, a Construction
Environmental Management Plan, Construction Environmental Management
6 Paragraphs 55 and 56 of the Framework and PPG including paragraph 21a-003-20190723
Plan (Biodiversity) and Site Waste Management Plan are necessary. To
minimise the impact of the construction phase on the local highway network
and to ensure highway safety, a condition requiring a Construction Logistics
Plan is necessary. As the site has been previously developed, measures are
needed to identify any sources of contamination and ensure appropriate
working methods and remediation. As part of the site includes historic and New
Town development, conditions to secure archaeological investigation and
building recording are necessary. A condition is also required to ensure that
retained trees are protected. All that information is required before
development commences to ensure that the conditions are effective.
108. In respect of the reserved matters submissions for plot 2 of the appeal
development, to ensure design excellence a design code informed by the
appeal DAS should be drawn up and adhered to, along with a fire statement to
ensure a safe and secure development. Given the scale of development in plot
2 and the inclusion of tall buildings, a wind microclimate assessment indicating
any mitigation is required to ensure a pleasant pedestrian environment. On the
same basis, a daylight, sunlight and overshadowing assessment is required to
protect the living conditions of existing residents and ensure those of future
residents.
109. To safeguard the environment an energy and sustainability statement,
informed by the appeal energy strategy is necessary. To assess the health
impacts of the plot 2 development, a condition requiring an update to the
appeal Health Impact Assessment is necessary to ensure sustainable
development.
110. It is necessary to agree and implement key components of the scheme,
including external materials, to ensure design excellence, any ground floor
frontage glazing, to protect public safety, surface water drainage, to ensure no
off-site flooding, and accessibility details for both the residential and non-
residential elements of the appeal scheme to ensure an inclusive development.
Bird nesting and bat roost provision, along with biodiversity enhancement more
generally should be conditioned to enhance the natural environment. Details of
any brown, blue or green roofs should be controlled to ensure design
excellence, contribute to sustainable drainage and enhance the natural
environment. Site levels are necessary to ensure a development that enhances
the character and appearance of the Town Centre.
111. Noise insulation measures for the residential parts of the appeal scheme are
necessary to ensure adequate living conditions. Details of the internal layout of
plot 2 are necessary for the same reason. Details of cycle parking is necessary
to promote sustainable forms of transport.
112. Fire safety and wind mitigation measures for plot 1 are necessary to secure
a safe development and ensure a comfortable pedestrian environment. It is
also necessary to control the plot 1 hard and soft landscape and energy and
sustainability measures to ensure a high quality development that contributes
to safeguarding the environment.
113. Details of external lighting is necessary to ensure public safety and a quality
development. A communal television and satellite system is necessary to
ensure design excellence. The provision of details of delivery, servicing, refuse
and recycling is necessary to ensure environmental protection along with
details of drainage system maintenance.
114. It is necessary to control commercial kitchen extract ventilation to ensure it
blends in and odours are minimised. Details of blue badge parking measures
are necessary to ensure an inclusive development, a residential welcome pack
to promote sustainable forms of transport and support community cohesion,
public art to ensure a high quality scheme, and a meanwhile uses strategy to
promote economic prosperity. To control on-street parking by new residents,
details of a marketing strategy which outlines existing on-street parking
restrictions is necessary.
115. A condition to secure a safe development that accords with Secured By
Design principles will help to ensure a safe and secure development. Conditions
controlling boundary treatments and amenity space in plot 2 are necessary to
promote high quality living conditions and design.
116. Compliance conditions are imposed to ensure ecological mitigation and
enhancement measures are effective, to restrict commercial operating hours
and noise from plant and ensure the provision and retention of broadband
within the appeal development. The provision of wheelchair accessible and
adaptable homes is controlled to ensure an inclusive development. Conditions
to secure water efficiency, and compliance with the appeal flood risk
assessment are necessary to ensure a sustainable development. Replacement
of failed soft landscape in plot 2 is controlled to ensure design quality and
public safety.
Conclusion
117. For the reasons given above, I conclude that the appeal should be allowed
and the planning permission should be granted.
R Barrett
INSPECTOR
ANNEX 1 APPEARANCES
FOR THE LOCAL PLANNING AUTHORITY:
Mr Douglas Edwards QC Instructed by Ms Charoltte McKay
Senior Planning Lawyer (Locum) the
Council
Mr Tim Murphy BA (Hons) PGC, PG Dip Historic Environment Manager Place
IHBC MClfA Services Essex County Council
Mr Michael Lowndes BA (Hons) Dip TP Senior Director Lichfields
MSc Dip Cons (AA) MRTPI
Ms Lisa Richardson BSc (Hons) MA* Senior Planner the Council
Ms Christine Lyons BSc (Hons) Dip TP Head of Planning the Council
MRTPI*
Ms Charlotte McKay FCILEx LLB* Senior Planning Lawyer (Locum) the
Council
Ms Adele Lawrence BA MPlanPrac Principal Planner the Council
MRTPI*
FOR THE APPELLANT:
Mr Thomas Hill QC Instructed by Asserson LLP
Mr Timothy Makower MA Dip Arch RIBA Principal Makower Architects
Ms Lucy Markham IHBC MRTPI Partner Planning Historic Environment
and Townscape Montagu Evans
Mr Cameron Austin Fell BA (Hons) MSc Planning Director RPS
MRTPI
Ms Karen Jones BA (Hons) MSc MRTPI Operational Director RPS
FOR INFRARED (R6):
Miss Stephanie Hall of Counsel Instructed by Ms Rebecca Roffe Partner
CMS
Mr Laurie Handcock MA (Cantab) MSc Director Iceni Projects
IHBC
Mr Nick Ireland BA (Hons) MRTPI Director Iceni Projects
Mr John Mumby BA (Hons) MRTPI Director Iceni Projects
* Participation in HLS, s106 and conditions Round Table Discussions (RTD)
ANNEX 2 INQUIRY DOCUMENTS
IQ1 Appellant opening and list of appearances
IQ2 Council opening and list of appearances
IQ3 R6 opening and list of appearances
IQ4 Confirmation of Council contacts for running of virtual Inquiry
IQ5 Mr Makower’s presentation of appeal proposal
IQ6 CIL compliance statement V1
IQ7 Amendment to paragraph 5.13 of Mr Lowndes’ proof
IQ8 Email trail confirming parties’ position on HLS RTD
IQ9 Email with amendment to Ms Markham’s proof
IQ10 Visuals referred to in paragraph 40 of Orwell decision letter
IQ11 Email containing freehold title documents relating to s106 Agreement
(dated 13/1/22 15.22)
IQ12 Council heritage position statement following RTD
IQ13 Appellant and R6 heritage position statement following RTD
IQ14 Extract from proof of Mr Lowndes to Orwell appeal (paragraphs 7.6 -
7.19)
IQ15 Updated CIL compliance statement and bundle of supporting
documentation (the Council)
IQ16 Updated CIL compliance statement and bundle of supporting
documentation (Essex County Council)
IQ17 Council’s CIL compliance summary table
IQ18 Forest of Dean DC V SSCLG & Gladman Developments Ltd [2016]
EWHC421(Admin)
IQ19 Final CIL compliance statement and supporting documentation (Essex
County Council)
IQ20 Site visit itinerary for Thursday 20/1/22
IQ21 Final CIL compliance statement and supporting documentation (Basildon
Borough Council)
IQ22 Revised agreed conditions (20/1/22)
IQ23 Final version of s106 Agreement
IQ24 Final list of agreed conditions
IQ25 Council closing
IQ26 R6 closing
IQ27 Appellant closing
DOCUMENTS RECEIVED AFTER THE CLOSE OF THE INQUIRY
IQ28 Completed s106 Agreement
IQ29 R6 comments on the Council’s intention to withdraw the eLocal Plan
from Examination (received 23/2/22)
IQ30 Appellant comments on the Council’s intention to withdraw the eLocal
Plan from Examination (received 25/2/22)
IQ31 Council comments on the withdrawal of the eLocal Plan from
Examination (received 16/3/22)
ANNEX 3 CONDITIONS
1. Full Planning Permission (Phases 1A and 1B)
The development hereby permitted in respect of Phases 1A and 1B shall be begun
before the expiration of three years from the date of this permission.
2. Reserved Matters to be Submitted (Phase 2)
Approval of the details of the access, appearance, landscaping, layout and scale of
the proposed development (hereinafter called "the reserved matters") shall be
obtained from the Local Planning Authority in writing before any development
begins in Phase 2 and the development shall not be carried out except in
accordance with the details so approved.
3. Timing of Reserved Matters Submission (Phase 2)
Application for approval of the reserved matters for Phase 2 shall be made to the
Local Planning Authority before the expiration of three years from the date of this
permission.
4. Timing of Reserved Matters Commencement (Phase 2)
The development permitted in respect of Phase 2 shall be begun before the
expiration of two years from the date of approval of the last of the reserved
matters to be approved.
5. Approved Plans and EIA
A. The development hereby permitted shall be completed in accordance with the
following approved plans, unless otherwise agreed in writing with the Local
Planning Authority:
1918_GA_01 P1 - General arrangement 1st floor amenity
1918_GA_02 P1 - General arrangement 2nd floor amenity
1918_GA_02_TSE P1 - TSE 2nd floor amenity space
1918_GA_03 (A) P1 - General arrangement 3rd floor amenity (1 of 2)
1918_GA_03 (B) P1 - General arrangement 3rd floor amenity (2 of 2)
1918_GA_03_TSE P1 - TSE 3rd floor amenity space
1918_GA_06_TSE P1 - TSE 6th floor amenity space
1918_GA_17_TSE P1 - TSE 17th floor amenity space
1918_GA_18 P1 - General arrangement 18th floor amenity
1918_GA_21_TSE P1 - TSE 21st floor amenity space
1918_GA_26 P1 - General arrangement 26th floor amenity
1918_HL_00 (A) P1 - Hard landscape, public realm (1 of 2)
1918_HL_00 (B) P1 - Hard landscape, public realm (2 of 2)
1918_HL_01 P1 - Hard landscape, 1st floor amenity
1918_HL_02 P1 - Hard landscape, 2nd floor amenity
1918_HL_03 (A) P1 - Hard landscape, 3rd floor amenity
1918_HL_03 (B) P1 - Hard landscape 3rd floor amenity (2 of 2)
1918_HL_18 P1 - Hard landscape, 18th floor amenity
1918_HL_26 P1 - Hard landscape, 26th floor amenity
1918_SL_01 P1 - Soft landscape, 1st floor amenity
1918_SL_02 P1 - Soft landscape, 2nd floor amenity
1918_SL_03 (A) P1 - Soft landscape, 3rd floor amenity (1 of 2)
1918_SL_03 (B) P1 - Soft landscape, 3rd floor amenity (2 of 2)
1918_SL_18 P1 - Soft landscape, 18th floor amenity
1918_SL_26 P1 - Soft landscape, 26th floor amenity
1918_X_01 P1 - Planting schedule, 1st floor amenity
1918_X_02 P1 - Planting schedule, 2nd floor amenity
1918_X_03a P1 - Planting schedule, 3rd floor amenity (1 of 2)
1918_X_03b P1 - Planting schedule, 3rd floor amenity (2 of 2)
1918_X_18 P1 - Planting schedule, 18th floor amenity
1918_X_26 P1 - Planting schedule, 26th floor amenity
1918-GA-00 (A) P01 - General arrangement public realm (1 of 2)
1918-GA-00 (B) P01 - General arrangement public realm (2 of 2)
BTC A MAK TSE DR 07 600 P01 - Site boundary
BTC A MAK TSE DR 07 601 P02 - Density plan
BTC A MAK TSE DR 07 604 P01 - Phasing plan
BTC A MAK TSE DR 07 605 P02 - Building heights and limits of deviation plan
BTC A MAK TSE DR 07 606 P02 - Building heights section
BTC A MAK TSE DR 07 607 P01 - Land use – level 00
BTC A MAK TSE DR 07 608 P01 - Land use – level 01
BTC A MAK TSE DR 07 609 P01 - Land use – level 02
BTC A MAK TSE DR 07 610 P01 - Land use – typical residential floor
BTC A MAK TSE DR 07 611 P01 - Access points – level 00
BTC A MAK TSE DR 07 612 P01 - Access points – level 01
BTC A MAK TSE DR 07 613 P01 - Proposed open space
BTC A MAK TSN DR 07 650 P01 - Demolition plan – level 00
BTC A MAK TSN DR 07 651 P01 - Demolition plan – level 01
BTC A MAK TSN DR 07 652 P01 - Demolition plan – level 02
BTC A MAK TSN DR 07 653 P01 - Demolition plan – roof
BTC A MAK TSN DR 07 654 P01 - Demolition plan – existing elevation
BTC A MAK TSN DR 07 500 P01 - Unit layouts – type A
BTC A MAK TSN DR 07 501 P01 - Unit layouts – type B
BTC A MAK TSN DR 07 502 P01 - Unit layouts – type C
BTC A MAK TSN DR 07 503 P01 - Unit layouts – type D
BTC A MAK TSN DR 07 504 P01 - Unit layouts – type E
BTC A MAK TSN DR 07 508 P01 - Unit layouts – type J
BTC A MAK TSN DR 07 509 P01 - Unit layouts – type K
BTC A MAK TSN DR 07 511 P01 - Unit layouts – type M
BTC A MAK TSN DR 07 512 P01 - Unit layouts – type N
BTC A MAK TSN XX 07 415 P01 - Unit mix summary
BTC A MAK TSN XX DR 957 P02 - Unit mix diagram
BTC A MAK TSN XX DR 958 P02 - Unit type diagram
BTC-A-MAK-DR-07-127 P01 - West Wing level 07 (Tower A & B alternate layout)
BTC-A-MAK-TSN-DR-07-000 P01 - Level – 01 plan
BTC-A-MAK-TSN-DR-07-010 P02 - Site location plan
BTC-A-MAK-TSN-DR-07-015 P02 - Proposed context elevations
BTC-A-MAK-TSN-DR-07-016 P02 - Proposed and emerging context elevations
BTC-A-MAK-TSN-DR-07-017 P02 - Existing site plan
BTC-A-MAK-TSN-DR-07-018 P02 - Proposed site plan
BTC-A-MAK-TSN-DR-07-100 P01 - Level 00
BTC-A-MAK-TSN-DR-07-101 P01 - Level 01
BTC-A-MAK-TSN-DR-07-103 P01 - Level 02
BTC-A-MAK-TSN-DR-07-105 P03 - Level 03
BTC-A-MAK-TSN-DR-07-106 P03 - Level 04-05
BTC-A-MAK-TSN-DR-07-107 P02 - Level 06-07
BTC-A-MAK-TSN-DR-07-108 P02 - Level 08-15
BTC-A-MAK-TSN-DR-07-109 P02 - Level 16
BTC-A-MAK-TSN-DR-07-110 P02 - Level 17
BTC-A-MAK-TSN-DR-07-111 P02 - Level 20 -21
BTC-A-MAK-TSN-DR-07-112 P02 - Roof plan
BTC-A-MAK-TSW-DR-07-120 P01 - West wing – level 00
BTC-A-MAK-TSW-DR-07-121 P01 - West wing – level 01
BTC-A-MAK-TSW-DR-07-122 P01 - West wing – level 02
BTC-A-MAK-TSW-DR-07-123 P03 - West wing – level 03
BTC-A-MAK-TSW-DR-07-124 P03 - West wing – level 04
BTC-A-MAK-TSW-DR-07-125 P02 - West wing – level 05
BTC-A-MAK-TSW-DR-07-126 P02 - West wing – level 6-16
BTC-A-MAK-DR-07-127 P02 - West wing – level 7 (Tower A&B alternate layout)
BTC-A-MAK-TSW-DR-07-128 P02 - West wing – level 17-21
BTC-A-MAK-TSW-DR-07-129 P02 - West wing – roof plan
BTC-A-MAK-TSN-DR-07-200 P02 - Proposed sections 01
BTC-A-MAK-TSN-DR-07-201 P02 - Proposed sections 02
BTC-A-MAK-TSN-DR-07-202 P02 - Proposed sections 03
BTC-A-MAK-TSW-DR-07-210 P02 - Section AA
BTC-A-MAK-TSW-DR-07-211 P02 - Section BB
BTC-A-MAK-TSW-DR-07-212 P02 - Section CC
BTC-A-MAK-TSW-DR-07-213 P02 - Section DD
BTC-A-MAK-TSW-DR-07-214 P02 - Section EE
BTC-A-MAK-TSW-DR-07-215 P02 - Section FF
BTC-A-MAK-TSW-DR-07-216 P02 - Section GG
BTC-A-MAK-TSN-DR-07-300 P02 - Proposed elevations
BTC-A-MAK-TSN-DR-07-301 P02 - Proposed elevations
BTC-A-MAK-TSW-DR-07-310 P02 - West elevation St. Martin’s Square
BTC-A-MAK-TSW-DR-07-311 P02 - South elevation Town Square
BTC-A-MAK-TSW-DR-07-312 P02 - North elevation West Wing
BTC-A-MAK-TSW-DR-07-313 P02 - Tower A elevation
BTC-A-MAK-TSW-DR-07-314 P02 - Tower B elevation
BTC-A-MAK-TSN-DR-07-001 P01 - Existing level 00 plan
BTC-A-MAK-TSN-DR-07-002 P01 - Existing level 01 plan
BTC-A-MAK-TSN-DR-07-003 P01 - Existing level 02 plan
BTC-A-MAK-TSN-DR-07-004 P01 - Existing level 03 plan
BTC-A-MAK-TSN-DR-07-011 P01 - Existing roof plan
BTC-A-MAK-TSN-DR-07-012 P01 - Proposed with existing context
BTC-A-MAK-TSN-DR-07-013 P01 - Proposed with emerging context
BTC-A-MAK-TSN-DR-07-014 P01 - Existing content elevations
BTC-A-MAK-TSN-DR-07-030 P01 – Existing sections
BTC-A-MAK-TSN-DR-07-000 P01 – Existing level basement
BTC-A-MAK-TSN-DR-07-020 P01 – Existing elevations
B. No approval of reserved matters (or other matters submitted for approval
pursuant to the planning conditions), which would entail any material deviation
from the Parameter Plans, shall be granted unless it is demonstrated as part of the
associated application that any such deviation is either unlikely to give rise to any
environmental effects which would have required different mitigation measures to
ameliorate their effects in the context of the Environmental Impact Assessment
(EIA) in comparison with the development as approved (and as assessed in the
Environmental Impact Assessment, Volumes 1, 2 and 4 and Non-Technical
Summary (October 2020), Volume 3 (July 2021) and the Further Environmental
Information (14 July 2021) for the application or, where such environmental effects
are considered to exist, sufficient information is provided to the Local Planning
Authority to enable it to discharge its Obligations under the Environmental Impact
Assessment Regulations as part of the consideration or grant of the relevant
application.
6. Phasing Plan
The development shall be implemented only in accordance with the approved
phasing plan BTC-A-MAK-TSE-DR-07-604 Rev P01.
PRIOR TO COMMENCEMENT CONDITIONS
7. Access to Phases
A. No development shall commence in a Phase (pursuant to the phasing approved
in condition 6) until detailed drawings showing the following in respect of the
relevant Phase have been submitted to and approved in writing by the Local
Planning Authority:
(a) access through the site during works and upon completion of works in relation
to any phasing, including the connections with any completed phases, and
connections to the surrounding area and its network of cycle paths and footpaths;
and
(b) any temporary works, including any boundary treatment around later phases.
B. Provisions for pedestrians shall be fully accessible to all including people with
disabilities.
8. Construction Environmental Management Plan (CEMP) and Site Waste
Management Plan (SWMP)
A. No development shall commence in a Phase, including any works of demolition,
until a Construction Environmental Management Plan (CEMP) and Site Waste
Management Plan (SWMP) for the relevant Phase has been submitted to and
approved in writing by the Local Planning Authority. The Plans shall incorporate
details of:
i. construction traffic management;
ii. the parking of vehicles of site operatives and visitors;
iii. details of access to the site;
iv. loading and unloading and the storage of plant and materials used in
constructing the development;
v. the erection and maintenance of security hoardings including decorative displays
and facilities for public viewing, where appropriate;
vi. wheel washing facilities;
vii. measures to control the emission of noise, dust and dirt during construction;
viii. a scheme for recycling/disposing of waste resulting from demolition and
construction works; and
ix. details of a nominated developer/resident liaison representative with an address
and contact telephone number to be circulated to those residents consulted on the
application by the developer’s representatives or the developer of the relevant
Phase has provided evidence of the site being registered with the Considerate
Constructors Scheme.
B. The approved CEMP and SWMP shall be implemented for the entire period of the
construction works in the relevant Phase.
C. No materials produced as a result of the site development or clearance shall be
burned on site.
9. Construction Logistics Plan
A. No development shall commence in a Phase, including any works of demolition,
until a Construction Logistics Plan for the relevant Phase has been submitted to and
approved in writing by the Local Planning Authority.
B. The approved Plan shall be implemented for the entire period of the construction
works in the relevant Phase.
10. Land Contamination (Site Characterisation)
No development shall commence in a Phase, including any works of demolition,
until a desk-top study has been carried out to identify and evaluate all potential
sources of contamination and the impacts on land and/or controlled waters,
relevant to the Phase. Without delay upon completion the desk-top study and a
non-technical summary for the relevant Phase shall be submitted to and approved
in writing by the Local Planning Authority.
11. Land Contamination (Site Investigation)
If identified as being required following the completion of the desk-top study, a site
investigation shall be carried out prior to commencement of development in the
relevant Phase to fully and effectively characterise the nature and extent of any
land contamination and/or pollution of controlled waters. The site investigation and
findings for the relevant Phase shall be submitted to and approved in writing by the
Local Planning Authority without delay upon completion.
12. Land Contamination (Submission of Remediation Scheme)
A written method statement detailing the remediation requirements for land
contamination and/or pollution of controlled waters affecting the site, shall be
submitted to and approved in writing by the Local Planning Authority prior to
commencement of development in the relevant Phase and all requirements shall be
implemented and completed in accordance with the approved method statement.
If during redevelopment of the relevant Phase contamination not previously
considered is identified, then the Local Planning Authority shall be notified
immediately and no further work shall be carried out in the relevant Phase until a
method statement detailing a scheme for dealing with the suspected contamination
has been submitted to and approved in writing by the Local Planning Authority and
all requirements shall be implemented and completed in accordance with the
approved method statement.
13. Land Contamination (Implementation of Approved Remediation Scheme)
Following completion of measures identified in the remediation scheme for the
relevant Phase, a full closure report shall be submitted to and approved in writing
by the Local Planning Authority. The report shall provide verification that the
required works regarding contamination for the relevant Phase have been carried
out in accordance with the approved method statement(s).
14. Archaeological Investigation
No demolition or development (including conversion and alterations) shall
commence in a Phase until:
A. A programme of archaeological investigation for the relevant Phase has been
secured in accordance with a Written Scheme of Investigation (WSI) which has
been submitted to and approved in writing by the Local Planning Authority; and
B. The satisfactory completion of any fieldwork required in accordance with the
submitted WSI approved at A above.
C. The developer shall submit a Final Archaeological Report for the relevant Phase
to the Local Planning Authority for approval in writing and deposition of a digital
archive with the Archaeological Data Service (ADS) within 6 months of the
completion of any fieldwork required for the relevant Phase.
15. Historic Building Recording
No demolition or development (including conversion and alterations) shall
commence in a Phase until:
A. A programme of historic building recording has been secured for the relevant
Phase in accordance with a WSI which has been submitted to and approved in
writing by the Local Planning Authority; and
B. The satisfactory completion of fieldwork in accordance with the submitted WSI
approved at A. above.
C. The developer shall submit a Historic Buildings Report for the relevant Phase to
the Local Planning Authority and deposition of a digital archive with the ADS within
6 months of the completion of the fieldwork for the relevant Phase.
16. Tree Protection
No development shall commence in a Phase, including any works of demolition,
until:
a) all trees to be retained in the relevant Phase have been protected by secure,
stout exclusion fencing erected at a minimum distance equivalent to the branch
spread of the trees and in accordance with BS5837:2012 Trees in relation to
design, demolition and construction - Recommendations; and
b) any works connected with the approved scheme within the branch spread of
the trees shall be by hand only. No materials, supplies, plant or machinery shall be
stored, parked or allowed access beneath the branch spread or within the exclusion
fencing. Any trees that are damaged or felled during construction work must be
replaced with semi-mature trees of the same or similar species in the next planting
season, if not sooner.
17. Construction Environmental Management Plan (Biodiversity)
A. No development shall commence in a Phase 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:
a) Risk assessment of potentially damaging construction activities.
b) Identification of “biodiversity protection zones”.
c) 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).
d) The location and timing of sensitive works to avoid harm to biodiversity
features.
e) The times during construction when specialist ecologists need to be present on
site to oversee works.
f) Responsible persons and lines of communication.
g) The role and responsibilities on site of an ecological clerk of works (ECoW) or
similarly competent person.
h) Use of protective fences, exclusion barriers and warning signs.
B. The approved CEMP (Biodiversity) shall be adhered to and implemented
throughout the construction period for the relevant Phase strictly in accordance
with the approved details.
PHASE 2 RESERVED MATTERS SUBMISSIONS
18. Design Code (Phase 2)
A. Prior to submission of any reserved matters applications for Phase 2 a detailed
Design Code for Phase 2 shall be submitted to and approved in writing by the Local
Planning Authority. The Design Code shall have regard to the key principles of the
Basildon Town Square North Design and Access Statement dated October 2020 and
the Basildon Town Square North Design and Access Statement Addendum dated
July 2021.
B. Phase 2 of the development shall only be implemented in accordance with the
approved Design Code.
19. Fire Statement (Phase 2)
A. Each application for reserved matters consent in Phase 2 must be accompanied
by a Fire Statement for the relevant part of the Phase produced by an independent
third party suitably qualified assessor.
B. The approved details shall be implemented prior to occupation of the relevant
part of Phase 2 and shall be maintained at all times thereafter.
20. Wind Microclimate Assessment and Mitigation (Phase 2)
A. Each application for reserved matters consent in Phase 2 must be accompanied
by a wind microclimate assessment for the relevant part of the Phase and shall
include details of any wind mitigation needed to serve the relevant part of the
Phase. The details shall have regard to ES Chapter 11: Wind (October 2020).
B. The approved details shall be implemented prior to occupation of the relevant
part of Phase 2 and shall be maintained at all times thereafter.
21. Daylight, Sunlight and Overshadowing (Phase 2)
A. Each application for reserved matters consent in Phase 2 must be accompanied
by a daylight, sunlight and overshadowing assessment for the relevant part of the
Phase which assesses the proposed residential units and amenity spaces within the
relevant part of the Phase, as well as the impact on surrounding properties and
amenity spaces.
B. The relevant part of Phase 2 shall be carried out in accordance with the
approved details.
22. Energy and Sustainability (Phase 2)
A. Each application for reserved matters consent in Phase 2 must be accompanied
by an Energy Strategy and Sustainability Statement for the relevant part of the
Phase. The details shall have regard to the Energy Strategy (V3) dated 26 October
2020 prepared by Hilson Moran and the Sustainability Statement (V3) dated 26
October 2020 prepared by Hilson Moran.
B. The Energy Strategy and Sustainability Statement for the relevant part of the
Phase shall also include details of the location and quantum of any photovoltaic
panels, Water Source Heat Pumps, Air Source Heat Pumps, or such other relevant
infrastructure.
C. The relevant part of Phase 2 shall not be occupied until the approved details
have been implemented.
D. Phase 2 shall be future proofed for connection to a district energy centre in
accordance with details to be submitted to and approved in writing by the Local
Planning Authority prior to occupation of the relevant part of Phase 2.
E. The commercial units in Phase 2 shall achieve a minimum Building Research
Establishment Environmental Assessment Method (BREEAM) rating of ‘Very Good’.
23. Health Impact Assessment (HIA) Update Statement (Phase 2)
A. Each application for reserved matters consent in Phase 2 must be accompanied
by a Health Impact Assessment (HIA) Update Statement. The HIA Update
Statement shall have regard to the Health Impact Assessment which accompanied
the Environmental Statement (October 2020).
B. The development shall be carried out in accordance with the approved details.
NO ABOVE GROUND NEW DEVELOPMENT CONDITIONS
24. External Materials
A. Prior to installation of external façade surfaces in a Phase, full details, including
samples and on-site sample boards, specifications, annotated plans and fire safety
ratings, of all materials to be used in the construction of the external surfaces in
the relevant Phase shall be submitted to and approved in writing by the Local
Planning Authority.
B. The external façade surfaces in the relevant Phase shall only be implemented in
accordance with the approved details and retained.
25. Ground Floor Frontage Glazing
A. No development comprising external elevational treatments in a Phase shall take
place until details of the standard of glazing proposed to the ground floor frontages
in the relevant Phase have been submitted to and approved in writing by the Local
Planning Authority.
B. The approved details shall be implemented prior to occupation of the relevant
Phase and shall be maintained at all times thereafter.
26. Fire Statement (Phases 1A and 1B)
A. No above ground new development shall commence in Phase 1A and 1B until a
Fire Statement for the relevant Phase produced by an independent third party
suitably qualified assessor has been submitted to and approved in writing by the
Local Planning Authority.
B. The approved details shall be implemented prior to occupation of the relevant
Phase and shall be maintained at all times thereafter.
27. Wind Mitigation Measures (Phases 1A and 1B)
A. No above ground new development shall commence in Phase 1A and 1B until a
detailed scheme of wind mitigation measures for the relevant Phase, accompanied
by wind testing, has been submitted to and approved in writing by the Local
Planning Authority.
B. The approved details shall be implemented prior to occupation of the relevant
Phase of the development and shall be maintained at all times thereafter.
28. Surface Water Drainage Scheme
A. No above ground new development shall commence in a Phase, until a detailed
surface water drainage scheme for the relevant Phase, 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.
B. The approved details shall be implemented prior to occupation of the relevant
Phase and shall be retained at all times thereafter.
29. Residential Accessibility Statement and Management Plan
A. No above ground new residential development shall take place in a Phase until a
detailed Residential Accessibility Statement and Management Plan (including a
programme for implementation) for the relevant Phase has been submitted to and
approved in writing by the Local Planning Authority. This should outline the
measures proposed to ensure an accessible and inclusive environment, both
internally and externally, including, but not limited to, pedestrian routes, lift
specifications, accessible toilet provision, access points and Blue Badge spaces.
B. The approved details shall be implemented prior to occupation of the relevant
Phase and shall be maintained at all times thereafter.
30. Non-residential Accessibility Statement and Management Plan
A. No above ground new non-residential development shall take place in a Phase
until a detailed Non-residential Accessibility Statement and Management Plan
(including a programme for implementation) for the relevant Phase has been
submitted to and approved in writing by the Local Planning Authority. This should
outline the measures proposed to ensure an accessible and inclusive environment,
both internally and externally, including, but not limited to, pedestrian routes, lift
specifications, accessible toilet provision, access points and Blue Badge spaces.
B. The approved details shall be implemented prior to occupation of the relevant
Phase and shall be maintained at all times thereafter.
31. Bird Nesting and Bat Roosts
A. No above ground new development shall commence in a Phase until details of
bird nesting and bat roosting bricks/boxes to be incorporated into the relevant
Phase, in accordance with the recommendations in the Preliminary Ecological
Appraisal prepared by Waterman (October 2020), have been submitted to and
approved in writing by the Local Planning Authority.
B. The bird nesting and bat roosting bricks/boxes shall be installed on the
building(s) or in any trees within the relevant Phase prior to occupation in
accordance with the approved details and shall be permanently retained thereafter.
32. Green / Brown / Blue Roofs
A. No above ground new development shall commence in a Phase until a detailed
scheme for any green / brown / blue roofs for the relevant Phase, including
maintenance and management arrangements, has been submitted to and approved
in writing by the Local Planning Authority.
B. The approved details shall be implemented prior to occupation of the relevant
Phase and shall be maintained at all times thereafter.
33. Site Levels
Unless details are provided and approved as part of the reserved matters
submission(s), no above ground new development shall take place within a Phase
until details of the existing and finished site levels, the finished floor and ridge
levels and the finished external surface levels for the relevant Phase have been
submitted to and approved in writing by the Local Planning Authority.
B. The relevant Phase of the development shall be carried out in accordance with
the approved details.
34. Biodiversity Enhancement Strategy
A. No above ground new development shall commence in a Phase until a
Biodiversity Enhancement Strategy for protected and priority species within the
relevant Phase, following the recommendations made within the Preliminary
Ecological Appraisal prepared by Waterman (October 2020), has been submitted to
and approved in writing by the Local Planning Authority.
For the avoidance of doubt, any such strategy for each Phase shall only require
actions and works to be undertaken within the relevant Phase and not elsewhere.
B. The works shall be implemented prior to occupation of the relevant Phase in
accordance with the approved details and shall be retained in that manner
thereafter.
35. Noise Protection Scheme (Residential Units)
A. No above ground new development shall commence in a Phase until a scheme of
noise insulation for any residential units within the relevant Phase has been
submitted to and approved in writing by the Local Planning Authority. The
insulation provided shall ensure that the noise levels within the residential units
(with windows partially open) does not exceed:
35-40 dB LAeq for living rooms (07.00 hours - 23.00 hours);
30-35 dB LAeq for bedrooms (23.00 hours - 07.00 hours);
45 dB LAmax for individual noise events in bedrooms (23.00 hours - 07.00 hours);
50-55 dB LAeq for outdoor living area (07.00 hours - 23.00 hours).
B. The approved scheme shall be fully implemented before the first occupation of
the residential unit to which it relates and shall be maintained at all times
thereafter.
36. Cycle Parking
A. No above ground new development shall commence in a Phase until details of
cycle parking for the relevant Phase have been submitted to and approved in
writing by the Local Planning Authority. The submission shall accord with the
requirements of the Essex Planning Officer’s Association parking standards and
should include details of the appearance, location, layout, security, monitoring and
access arrangements for the cycle parking facilities.
B. The approved cycle parking for a Phase shall be implemented prior to the
occupation of the relevant Phase and shall be permanently retained thereafter and
used for no other purpose.
37. Internal Layout (Phase 2)
A. No above ground new development shall commence in Phase 2 until full details
of the internal layout of the residential units for the relevant part of the Phase have
been submitted to and approved in writing by the Local Planning Authority.
B. All residential units shall be designed to comply with the Technical Housing
Standards - Nationally Described Space Standard (2015), or such updated
guidance.
C. The approved details shall be implemented prior to occupation of the relevant
part of Phase 2 and shall be maintained at all times thereafter.
PRIOR TO OCCUPATION CONDITIONS
38. Hard Landscaping (Phases 1A and 1B)
A. Prior to occupation of each of Phases 1A and 1B of the development full details
of the hard landscaping for the relevant Phase shall be submitted to and approved
in writing by the Local Planning Authority. The hard landscaping scheme shall
include, but not be limited to, details of the following:
a) surface materials;
b) communal amenity spaces and play spaces and any related play equipment;
c) details of all boundary treatments, including fences, walls, railings and gates and
boundary treatment to roof terraces;
d) hostile vehicle mitigation; and
e) management and maintenance.
B. The hard landscaping scheme shall be implemented prior to occupation of the
relevant Phase of the development in accordance with the approved details and
thereafter permanently maintained.
39. Soft Landscaping (Phases 1A and 1B)
A. Prior to occupation of each of Phases 1A and 1B of the development a detailed
scheme of soft landscaping for the relevant Phase shall be submitted to and
approved in writing by the Local Planning Authority. The landscaping scheme,
which shall incorporate local sourced and drought tolerant plants, shall be designed
with the aim of improving and increasing biodiversity and demonstrating a net gain
for pollinators in line with the Council's Pollinator Action Plan.
B. The approved landscaping scheme shall be carried out in the first planting and
seeding seasons following the occupation or completion of the relevant Phase of
the development, whichever is the sooner. Any trees or plants which within a
period of 5 years from the completion of the relevant Phase die, are removed or
become seriously damaged or diseased, shall be replaced in the next planting
season with others of similar size and species.
40. Energy and Sustainability (Phases 1A and 1B)
A. Prior to occupation of Phases 1A and 1B details of the location and quantum of
any photovoltaic panels, Water Source Heat Pumps, Air Source Heat Pumps, or such
other relevant infrastructure, shall be submitted to and approved in writing by the
Local Planning Authority.
B. The relevant Phase of the development shall not be occupied until the approved
details at A. above have been implemented.
C. Phases 1A and 1B of the development shall be carried out in accordance with
the submitted Energy Strategy (V3) dated 26 October 2020 prepared by Hilson
Moran and the Sustainability Statement (V3) dated 26 October 2020 prepared by
Hilson Moran.
D. Phases 1A and 1B of the development shall be future proofed for connection to a
district energy centre in accordance with details to be submitted to and approved in
writing by the Local Planning Authority prior to occupation of the relevant Phase of
the development.
E. The new commercial units in Phases 1A and 1B shall achieve a Building Research
Establishment Environmental Assessment Method (BREEAM) rating of ‘Very Good’.
41. External Lighting Scheme
A. Prior to occupation of a Phase, an external lighting scheme for the relevant
Phase shall be submitted to and approved in writing by the Local Planning
Authority. The scheme should also demonstrate that all lighting fully complies with
the figures and advice specified in the Code of Practice for the Reduction of Light
Pollution issued by the Institute of Lighting Engineers.
B. The approved scheme shall be implemented prior to occupation of the relevant
Phase and shall thereafter be maintained in working order as approved.
42. Communal Television and Satellite System
A. Prior to occupation of a Phase, details of any communal television and/or
satellite system for the residential dwellings within the relevant Phase shall be
submitted to and approved in writing by the Local Planning Authority.
B. The approved system shall be implemented prior to occupation of the residential
units within the relevant Phase, maintained in working order and be made available
to each residential unit.
C. No antennae or satellite dishes may be installed on the exterior of buildings
within the relevant Phase, with the exception of a single antennae or satellite dish
per block to support the communal television and satellite system. The proposed
antennae or satellite dishes shall be designed to minimise their visual impact and
shall not be mounted on any publicly visible façade.
43. Delivery and Servicing Plan
A. Prior to occupation of a Phase, a Delivery and Servicing Plan for the relevant
Phase shall be submitted to and approved in writing by the Local Planning
Authority. The Plan shall identify efficiencies and sustainability measures to be
undertaken once the development is operational and should incorporate details of
deliveries to the site and servicing arrangements, including the size of vehicles,
routing and tracking of vehicles and times of deliveries and servicing.
B. The approved Plan shall be implemented on occupation of the relevant Phase
and adhered to thereafter.
44. Drainage Maintenance
A. Prior to occupation of a Phase, a Maintenance Plan detailing the maintenance
arrangements, including who is responsible for different elements of the surface
water drainage system, and the maintenance activities / frequencies, for the
relevant Phase shall be submitted to and approved writing by the Local Planning
Authority. Should any part be maintainable by a maintenance company, details of
long-term funding arrangements should also be provided.
B. Drainage maintenance for the relevant Phase shall be carried out thereafter in
accordance with the approved details.
C. The applicant(s) or any successor(s) in title for a Phase must maintain yearly
Drainage logs of maintenance for the relevant Phase which should be carried out in
accordance with any approved Maintenance Plan. These must be available for
inspection upon a request by the Local Planning Authority.
45. Refuse and Recycling Strategy
A. Prior to occupation of a Phase, a detailed residential and commercial refuse and
recycling strategy for the relevant Phase, including the design and location of the
refuse and recycling stores, shall be submitted to and approved in writing by the
Local Planning Authority.
B. The approved refuse and recycling stores shall be provided before the
occupation of the relevant Phase and thereafter permanently retained.
C. The Phase shall also make provision for any future connection to a centralised
waste scheme in accordance with details to be submitted to and approved in
writing by the Local Planning Authority prior to occupation of the relevant Phase.
46. Details of Any Commercial Kitchen Extract Ventilation System and Carbon
Filtration
A. Prior to occupation of any commercial unit with a commercial kitchen, details of
any ventilation system for the removal and treatment of cooking odours, which
include the location and appearance of external ducting and measures to mitigate
system noise, shall be submitted to and approved in writing by the Local Planning
Authority.
B. The approved details shall be fully implemented prior to the commencement of
the relevant commercial use and shall be maintained as approved at all times
thereafter. The external ducting shall be removed when the authorised use of the
premises for the sale of hot food ceases.
C. Where a commercial kitchen is installed in a commercial unit a high efficiency
activated carbon filtration unit shall be installed for that premises which shall
ensure a maximum capture of odour producing chemicals and incorporate 100kg of
carbon granules per 1,000 cubic feet per minute air flow. The extract system shall
be isolated from the building structure with suitable mountings and shall terminate
at a point at least 1 metre above the eaves. If this cannot be complied with for
planning reasons, then a higher level of odour control will be required in line with
EMAQ Guidance – Control of Odour and Noise from Commercial Kitchen Exhaust
Systems.
47. Car Parking – Blue Badge Parking Spaces Management Plan
A. Prior to occupation of a Phase, a Car Parking Management Plan for the Blue
Badge parking spaces for the relevant Phase shall be submitted to and approved in
writing by the Local Planning Authority.
B. The approved details shall be implemented prior to occupation of the relevant
Phase and retained thereafter.
48. Residential Welcome Pack
A. Prior to occupation of any residential unit in a Phase, the developer shall submit
to the Local Planning Authority for approval in writing a Residential Welcome Pack
for the relevant Phase which includes details relating to the non-availability of on-
street parking permits, details of Travel Plan measures to encourage the use of
sustainable modes of transport, the availability of the car club scheme and health,
well-being (including the promotion of local areas of natural green space) and
community support information.
B. The Residential Welcome Pack as approved should be provided to all new
residents in the relevant Phase on occupation.
49. Public Art
A. Prior to occupation of Phase 1 (comprising Phases 1A and 1B) and Phase 2 a
Public Art Strategy for the relevant Phase shall be submitted to and approved in
writing by the Local Planning Authority.
B. The Public Art Strategy shall be implemented in accordance with the approved
details and the approved artwork(s) shall be installed prior to occupation of the
relevant Phase and retained thereafter.
50. Meanwhile Uses
A. Prior to occupation of a Phase, a strategy for providing meanwhile uses for any
new commercial units within the relevant Phase, upon their completion as part of a
wider phasing programme, shall be submitted to and approved in writing by the
Local Planning Authority.
B. For a period of 3 years post-completion of the relevant Phase meanwhile uses
shall be secured and implemented for any vacant commercial units in accordance
with the approved strategy.
51. Controlled Parking Zone Restrictions
A. Prior to occupation of each Phase of the development a marketing scheme for
the residential units within the relevant Phase shall be submitted to and approved
in writing by the Local Planning Authority containing measures for notifying
prospective owners or occupiers of the permitted residential units from time to
time of:
(a) existing on-street parking restrictions and penalties for breach of these
restrictions; and
(b) the effect of The Essex County Council (Basildon Borough) (Prohibition of
Waiting, Loading and Stopping) and (On-Street Parking Places) (Civil Enforcement
Area) Consolidation Order 2019 (as amended) and how Schedule 5 to the Order
restricts eligibility for parking permits for properties built after 1 November 2019.
B. Notification of prospective owners or occupiers of the permitted residential units
shall be carried out in accordance with the approved scheme.
52. Secured By Design
A. The development hereby permitted shall use reasonable endeavours to achieve
a Gold award of the Secured by Design for Homes (2019 Guide) and Commercial
(2015 Guide) (as relevant), or any equivalent document superseding these Guides.
B. A certificated Post Construction Review, or other verification process agreed with
the Local Planning Authority, shall be provided upon completion of each Phase
confirming that the agreed standards at A have been met.
C. In the event that the agreed standards at A. are not achievable then prior to
completion of the relevant Phase of the development the applicant shall submit to
the Local Planning Authority for approval in writing justification for this and details
of the highest award of the Secured by Design for Homes (2019 Guide) and
Commercial (2015 Guide) or any equivalent document superseding these Guides
which is achievable for the relevant Phase of the development.
D. A certificated Post Construction Review, or other verification process agreed
with the Local Planning Authority, shall be provided upon completion of the
relevant Phase of the development, confirming that the agreed standards at C., as
relevant, have been met.
53. Provision of Amenity Space (Phase 2)
A. Prior to occupation of any residential unit within Phase 2 of the development
(pursuant to the phasing plan approved at condition 6), full details of the private
amenity and communal amenity spaces, including any children’s play space, for the
relevant part of the Phase shall be submitted to and approved in writing by the
Local Planning Authority.
B. The approved details shall be implemented prior to occupation of the relevant
part of Phase 2 and shall be retained at all times thereafter.
54. Boundary Treatment (Phase 2)
A. Prior to occupation of Phase 2, details of all fences, walls, railings, gates, and
other boundary treatment, including to roof terraces, for the relevant part of the
Phase shall be submitted to and approved in writing by the Local Planning
Authority.
B. The approved details shall be implemented prior to occupation of the relevant
part of Phase 2 and thereafter permanently retained.
COMPLIANCE CONDITIONS
55. In Accordance with Ecological Appraisal Recommendations
All ecological mitigation and enhancement measures and/or works in a Phase shall
be carried out in accordance with the details contained in the Preliminary Ecological
Appraisal prepared by Waterman (October 2020).
56. Restriction on Operating Hours of Commercial Uses
The commercial uses hereby permitted shall only be permitted to open to
customers between the hours of 07:00 and 23:00 on any day and at no other time.
57. Noise Protection Measures
A. The combined rating level of the noise from any plant installed within a Phase
(other than plant which is only to be operated in emergency circumstances) shall
not exceed the existing background sound level at any time at the outside of noise-
sensitive buildings. Any assessment of compliance with this condition shall be
made according to the methodology and procedures presented in BS4142:2014.
B. The building structure (residential units directly above commercial units) in each
Phase shall incorporate insulation measures as necessary to meet the standard of
Part E of the Building Regulations Approved Document for Impact Sound.
58. Superfast Broadband
Prior to occupation of the development all residential and non-residential units
within a Phase shall be fitted with superfast broadband capability and shall be
retained at all times thereafter.
59. Accessibility and Adaptability
10% of dwellings in Block B of Phase 1A and 10% of dwellings in Block D of Phase
2 shall comply with Building Regulations Optional Requirement Approved Document
M4(3) Category 3: wheelchair accessible or easily adaptable dwellings (2015
edition). Evidence of compliance shall be notified to the building control body
appointed for the relevant Phase in the appropriate Full Plans Application, or
Building Notice, or Initial Notice to enable the building control body to check
compliance.
60. Water Efficiency
All residential units within a Phase shall comply with the water efficiency optional
requirement in paragraphs 2.8 to 2.12 of the Building Regulations Approved
Document G. Evidence of compliance shall be notified to the building control body
appointed for the relevant Phase in the appropriate Full Plans Application, or
Building Notice, or Initial Notice to enable the building control body to check
compliance.
61. Flood Risk
The development hereby permitted shall be carried out in accordance with the
approved Flood Risk Assessment (Revision P3) prepared by Whitby Wood dated 23
October 2020.
62. Landscape Replacement (Phase 2)
Any plants, shrubs or trees required as part of the implementation of the
landscaping reserved matters for Phase 2 of the development (pursuant to the
phasing approved in condition 6) that die or are removed, damaged or become
diseased within a period of FIVE years from the substantial completion of the
relevant part of Phase 2 of the development shall be replaced to the satisfaction of
the Local Planning Authority in the next planting season with others of a similar
size and species.
End of conditions schedule