Council finds ‘no violation of planning control’ after concerns raised about work at Heybridge Garden Suburb

Image above: An illustrative image of the northern suburbs of Heybridge Garden. (Credit: country properties)
Maldon District Council said it had investigated complaints filed for alleged violation of planning control in the suburban Heybridge Garden project.
He said concerns had been raised about the wildlife and the work being done at the site.
More than 1,100 homes are planned in the proposed northern suburb of Heybridge Garden, located just north of Heybridge, Essex.
The council explained in a statement that the work currently underway relates to archaeological research and does not constitute development.
A spokesperson for Maldon District Council said: ‘The council can confirm that it has investigated complaints about an alleged violation of planning control at the site and has concluded the following.
âThe work undertaken on site concerns archaeological research which must be submitted under condition 8 of the building permit.
âThese investigative works do not constitute a development, nor a beginning of the building permit.
âThe extent of the excavation is detailed in the Written Survey Scheme (WSI) and that’s what the developers are working on.â
Council went on to say that condition 8 is the relevant condition of the OUT / MAL / 15/00419 framework building permit, which states:
“No development, including site clearance or background work of any kind, should take place on the site until an archaeological assessment (prepared by an accredited archaeological consultant) to establish the archaeological significance of the site. site has not been submitted and approved in writing by the local planning authority.
âThe archaeological assessment should inform the implementation of an archaeological work program, which may include a phased work program to allow for the gradual implementation of development.
“Archaeological work must be carried out in such a way as to take into account the approved program of archaeological work.”
The council spokesperson continued, âThe condition has two parts, the first part is to agree on an archaeological assessment before development.
âThe second part is to implement the archaeological work program agreed in accordance with the first part.
“The work concerns part 1 and has been approved by the archaeologist of Place Services.
âSteps are being actively taken to avoid impacting ground nesting birds, badgers and other sensitive areas.
âEcologists have been retained on the project, visit the site periodically for prospecting work, establish mitigation measures and have given advice on how to avoid impacts on the ecology during ecological surveys in Classes.
“The developer has indicated that the measures below are appropriate, as confirmed by the environmentalists of the project, that is to say: 60% of the site has been recently plowed, so there are no problems birds nesting on the ground in these areas of the site.
âThere are cultures that are starting to grow on part of the rest where trenches are identified to be undertaken as part of archaeological research.
âIn these areas, archaeologists take the path the excavator should take and walk the trench to make sure there are no nesting birds.
“If something is found, then we give it a large spot and go around if possible, otherwise the trench is missed.”
âThis investigative and avoidance approach has been verified with the project Environmentalists believe it is appropriate.
âThe campaign has also fenced around the tree root and badger protection areas to ensure that no machines enter these areas..
âActively taken measures are considered appropriate and proportionate to avoid disturbing ground nesting birds, trees and badgers.
âThe Historic Conservation Officer of Place Services, Essex County Council has already confirmed in writing to council in his response to condition 8 (21/05054 / DET) of the discharge request on 7/4/21 that the Survey Scheme (WSI) submitted by the applicant is acceptable and I am happy to unload Part 1 of Archaeological Condition 8 to allow archaeological work to proceed as described in the WSI â.
âThe Council is therefore convinced that all the necessary protocols are followed and controlled in an appropriate manner throughout the duration of the work.
âIn this regard, there is no violation of planning control at this point.
âThe planning department would also specify that any impact on habitat or damage to nesting birds is not covered by land use planning legislation.
âIn this regard, Countryside Properties has stated that it is aware of its legal obligations with regard to the Wildlife & Countryside Act 1981 and other laws relating to the protection of animals, plants and habitats.
“Discussions are continuing with the developer.”
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