The application sought permission for variation of planning conditions associated with the restoration of the site which was originally granted in 1986 and have been subject to subsequent change. The current planning permission is for the restoration and re-use of the site which was approved in March 2013 and this consent was issue as part of the s.73 of the Town and Country Planning Act 1990. The restoration materials would be delivered via the river as HGV movements as ceased in 2016. The current permission required restoration of the site by June 2018, the applicant is now seeking a further 5 years for completion and to allow the aftercare of the site.

The applicant is required to re-profile the land as there are concerns with differential settlement and ponding which would require additional soil. On the northern part of the site the Essex Wildlife Trust is in full use, and there is a footpath along the site which is open to the public as a nature park. Due to the poor drainage the footpath to the south of the site is currently flooded. The applicant is looking to revise surface drainage arrangements to address this issue.

The site is located in the green belt, although the proposed engineering operations can be considered as appropriate development.  There had been no objections received and Officers agree it would be the best timing to progress with the site. The representation from Mucking Charitable Trust expressed their concerns with the length of time the restoration has taken to complete. There is an existing 106 agreement in place with relevant planning conditions.

Mr Taylor sought clarification on the application and what they were requesting to complete. The Principal Planner confirmed that the applicant is requesting an extra 5 years to complete site restoration. He referred to common issues of differential settlement, such as at Belhus landfill site which is undergoing restoration before it opens to the public as a country park.

Councillor Sammons asked what guarantees would there be in place to ensure that this application was completed in 5 years as the site was still ongoing. The Principal Planner agreed and advised that the applicant was intending to be completed by Summer 2018 however there are parts of the site which are currently available to the public.

The Principal Planner advised that there were no firm guarantees that restoration would be completed in 5 years, although the applicant has completed an assessment on the amount of material required to complete the restoration and this indicates that the material could be imported in 5 years. When the application was approved in 2013 by the Planning Committee legal advice indicated that options for enforcing a time limit for completion were limited. Councillor Sammons referred to an email she had received stating that the footpath was not accessible as there were trees blocking the pathway.

The Agent, Ms Sarah Holland, was invited to the Committee to present her statement of support.

The Chair felt the application was a fantastic opportunity to bring employment to the area, although there were slight concerns with the previous comments made by Councillor Sammons. In 2006 the application was brought to Committee and had been brought back for a second time requesting for an extra time, the applicant would need to ensure that if the application was approved at October’s Committee they would not need to bring the application back for more time. There should be plans in place to ensure that the process is being followed and they progress.

The Chair proposed a condition to be added to the application to ensure Officers were monitoring the site on a 12 month basis.

The Strategic Lead – Development Services explained to the Committee that Officers were limited with what additional conditions could lawfully be attached to permission pursuant to s.73 of the Act. However, it was advised that it would be possible to have an informative on any decision granted which would then remind the applicant of the terms of this consent and a further consent had been granted and to set out the expectations of the final timing.

The Strategic Lead – Development Services advised that the wording of an informative could be agreed by the Chair, which he agreed to and it was seconded by Councillor Rice.

Councillor Rice referred the Committee to the report as it stated the site would be completed by 2020.

Mr Taylor voiced that the application had already taken some time to get to where it is now, however it would be imperative to ensure the water was drained correctly to prevent leaching occurring in the future.

It was proposed by the Vice-Chair and seconded by Councillor Churchman that the application be approved, subject to deed of variation under Section 106 of the Town and Country Planning Act 1990 and planning conditions.

For:                  (9) Councillors Tom Kelly (Chair), Steve Liddiard (Vice-Chair), Colin Churchman, Andrew Jefferies,  Angela Lawrence, Terry Piccolo, Gerard Rice, Sue Sammons and Sue Shinnick.

Against:           (0)

Abstain:           (0)

RESOLVED:

That the application be approved subject to deed of variation under Section 106 of the Town and Country Planning Act 1990 and planning conditions.