Trees

The development should be carried out in accordance with the tree report provided, in particular the; tree works specification, tree protection method statement and construction profile (appendix 1 and tree protection plan for locations) and the hard surfacing required for T14 as provided on the tree protection plan and report  sections P 4.0.

Ecology

It should be a condition of consent that all licencing is to be agreed with Natural England before development commences.  The final mitigation strategy is to be approved by Natural England before development commences and a copy of the mitigation strategy and all approvals submitted to RDC.

Hi James,

The agent has sent in new tree plan for this site following on from your comments, any chance you’d be able to have a look and see if this addresses your previous concerns? There are also ecology comments in the email at the bottom of the chain.

Thanks,

Elizabeth

Hi Elizabeth,

Thank you for your email of the 10 October pertaining to the above application.

I respond to the information provided as follows:

1.       I attach the missing tree plan, sorry we can’t explain that it looks like it was mislaid.

2.       In respect of Ecology, please see our ecologist comments in the email below.

3.       James Dove has now emailed you the full FRA report which addresses the ECC comments. Please could you email this to them direct as they will not accept it direct from us.

4.       We note the ECC Schools requests for contributions.

I note we are still outstanding the ECC highways, historic England and ECC Urban Design comments and look forward to receipt of these when they arrive.

Kind regards

Michael

Hello Michael,

We have tried a couple of options to see if there is any way around an EPS licence but it seems not. Natural England have simply pointed to their standing advice (which shows that a licence will be needed) and there is no possibility of working around the more newt-sensitive parts of the site or of timing clearance works to avoid impacts.

The EPS licensing process is:

·         Obtain planning permission

·         Compile and submit an EPS licence application with Natural England (we can work up the application form while waiting for planning, if needed, but it isn’t possible to submit a licence request until planning permission has been granted). Natural England takes 6 weeks to issue licences.

·         Receive the licence

·         Start on the licensable elements of the project. This will involve fencing off suitable parts of the site (which would be the majority of the site) and trapping-out for newts. This would likely take around one month. This cannot be done inside the period November to February inclusive. It should be possible to start in March assuming favourable weather.

·         After the site has been ‘cleared’ of newts (i.e. all newts have been caught and moved off-site), works can start on the whole site, assuming the newt-exclusion fence remains intact throughout.

The need for a licence should not delay or restrict achieving planning permission.

Certain works on site would be possible over the winter, once planning permission has been granted but before licensable works can start. Works on any parts of the site which are not suitable for newts would be possible then, so this would include the driveway and adjoining areas of concrete hard-standing and the house and garage. The rest of the site is not of low enough suitability that it could be worked on in the winter though.

The plan for the pond is to remove it but this will need to be replaced with two ponds, which will need to be installed before the existing one is removed.

In response to the council’s comments, it is not the usual process for the planning authority to request all information about licensing before granting planning permission. Usually the precise detail will need to be agreed with Natural England so it’s difficult to commit to precise working methods with the planning authority when NE is the licensing body who will have the final say about which methods are appropriate. For example the number of days of trapping will be determined by NE not the planning authority, so if we agree 30 days for example, then Natural England request 60 days, this could lead to a very difficult situation whereby the planning permission and licence are not consistent. The report addresses the three relevant tests, and providing the council is satisfied that these can be achieved (which the report says they can be), that should be sufficient for them to determine the application. It may be worth simply pointing this out to them.

Kind regards,

Will

Dear Will,

Rochford District Council has reviewed your report for the above development and stated as follows:

The ecology report supplied has identified a population of GCN’s (European Protected Species) at the site.  The report has recommended a licence be obtained before carrying out any development, including clearance, at the site,  further mitigation strategy/method is required also.  This detail will need to be supplied before permitting development.

Please could you advise as to the clients options in terms of addressing this objection, you may wish to speak with the Council’s ecology officr.

Kind regards

Michael

Michael Calder BSc(Hons) DipTP MRTPI

Associate Director

mcalder@phase2planning.co.uk

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