Proposed demolition of former livestock building and replacement with a two bedroom bungalow (in lieu of Prior Approval for conversion of building into a dwelling subject of application 21/00460/COUNOT). Resubmission of application 22/01052/FUL.

 It was reported that this application had been referred to the Planning Committee at the Director of Planning’s discretion in light of the recent planning history of this site and due to the fact that planning application 22/01052/FUL for the proposed demolition of former livestock building and replacement with a two bedroom bungalow (in lieu of Prior Approval for conversion of building into a dwelling subject of application 21/00460/COUNOT)  had been previously refused by the Planning Committee following an Officer’s recommendation of approval.

Members were informed the  purpose of this application was the demolition of a former livestock building and its replacement with a two bedroom bungalow (in lieu of Prior Approval for conversion of building into a dwelling subject of application 21/00460/COUNOT). This application was therefore effectively a resubmission of application 22/01052/FUL. This proposal would conflict with the requirements of the Development Plan, principally Policies SP3 and SPL2 of the Tendring District Local Plan 2013-2033 and Beyond, being located outside of any Settlement Development Boundary.

Members of the Committee were told that the Officer’s considered view was that the lawful ability to undertake the extant Prior Approval conversion scheme under 21/00460/COUNOT was now highly unlikely and that the weight that  could be attributed to the so called ‘fall-back position’ was much further reduced whereby the further deteriorated condition of the building as seen on site for the current resubmission application since the refusal of application 22/01052/FUL was such that the possibility of compliance with the General Permitted Development Order (as also already previously sited for refusal reason No.1 for refused planning application 22/0152/FUL) was highly unlikely also. For this reason, the proposal was considered by Officers to fail the second element of the legal fallback test where there was no likelihood or real prospect of such a lawful event occurring as set out in the explanatory paragraph 6.16 of this report regarding the fall-back position.

The Committee had before it the published Officer report containing the key planning issues, relevant planning policies, planning history, any response from consultees, written representations received and a recommendation of refusal.

At the meeting, an oral presentation was made by the Council’s Planning Officer (CT) in respect of the application.

An update sheet had been circulated to the Committee prior to the meeting with the following details: -

• “Members should be aware that an email dated 26th June 2023 has been received by the Council from a person stated to be acting as Local Power of Attorney (LPA) on behalf of Mr Graham John Stevens, stated owner and proprietor of The Willows (7 Acre Farm) and applicant for the above planning application in which it is stated that there is currently a dispute over land ownership between two parties. The Council has been made aware (through the contact from the LPA referred to above) that this dispute is currently in the hands of solicitors acting for both parties concerned.

• This information (referred to above) provided to the Council has raised an ownership issue  ...  view the full minutes text for item 15