Agenda item

The application has been referred to the Planning Committee at the request of Councillor G Guglielmi by virtue of overdevelopment of the site and a lack of residential amenities.

 

The application relates to the first and second floors above a commercial food-preparation outlet which sells fish and chips at the front of the building.

Councillor V Guglielmi declared a personal interest in Planning Application 20/00273/FUL – RIVERSIDE HOUSE RIVERSIDE AVENUE WEST LAWFORD MANNINGTREE CO11 1UN due to being the Ward Member. She was pre-determined and therefore, did not vote on this application.

 

Councillor G Guglielmi declared a personal interest in Planning Application 20/00273/FUL – RIVERSIDE HOUSE RIVERSIDE AVENUE WEST LAWFORD MANNINGTREE CO11 1UN due to being the Ward Member.

 

It was reported that this application had been referred to the Planning Committee at the request of Councillor G Guglielmi as he felt that it was an overdevelopment of the site and there was a lack of residential amenities.

 

The Committee was made aware that the application related to the first and second floors above a commercial food-preparation outlet which sold fish and chips at the front of the building.

 

Members were informed that the site was centrally located within the Lawford Settlement Development Boundary as defined within both the adopted Tendring District Local Plan 2007 and the emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft 2017. The principle of residential development in this location was therefore acceptable subject to detailed design and impact considerations. It was also recognised that the site unusually layon a trading estate which was in this case a ‘Principal Business and Industrial Area’ within the adopted Local Plan 2007 where employment development was directed and sought to be retained. In this case, it was noted that the existing ground floor business (commercial food-preparation and Fish & Chip Shop), allowed on appeal in 2007, was to be retained and as such an employment generating use would not be lost from this site. Whilst it was unusual to find residential accommodation in such a location, it was material to note that the use of the first floor for residential use had already been established through the 2016 ‘Prior Approval’ application to change the use from B1 (Business) to Residential flat. Furthermore, the site was considered highly sustainable as it was within walking distance of local shops and services and public transport (including Manningtree Railway Station).

 

The application sought retrospective full planning permission for the conversion of the first and second floors to three flats.  Adequate access to a parking/turning area existed forward of the shop-front.

 

The building benefitted from a Prior Approval notification granted in June 2016 for the conversion of the first floor into one flat.  The development which had been undertaken was the sub-division of the one flat in to two flats and a further flat at second floor level.  Other alterations undertaken were the re-orientation of the extension to the side, thereby creating a specific entrance to the flats and containing the staircases internally to the original structure and the provision of an external staircase to provide an emergency fire escape/flood evacuation refuge.

 

Members were advised that the development was in a location supported by Local Plan policies and material considerations and would not, in the opinion of Officers, result in any material harm to the character of the area, residential amenities or highway safety.

 

The application was therefore recommended for approval subject to conditions and the completion of the required legal agreement.

 

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 approval.

 

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

 

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

 

(1)        Paragraph 6.7 of the report to be corrected to read that the staircase has not yet been erected and it will, once erected, not cause harm to the character of the street scene.

 

Councillor G Guglielmi, a local Ward Member, spoke against the application on behalf of Lawford Parish Council.

 

During the Committee’s debate on this application, Members discussed and asked questions on the following matters:-

 

Matters raised by a Committee Member:-	Officer’s response thereto:-
Reference was made to cycle parking, it was asked where the location of parking was and what the need for this would be.	It was confirmed that cycle-parking allowed any development access to sustainable modes of transport, no location was submitted.
Concerns were raised regarding the staircase.	It was proposed that a condition be submitted with a timescale for the staircase to be erected.
Concerns were raised regarding fire safety and parking.	It was proposed that a condition be submitted for signage to be placed for emergency exits and markings for parking.

 

Following discussion by the Committee, it was moved by Councillor Cawthron, seconded by Councillor Fowler and:-

 

RESOLVED that the Assistant Director (Planning) (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to:

 

(a)  the completion of a legal agreement to account for contributions towards Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) and toward improvements at the play area located on Heath Road, Tendring as set out in the table below:

 

CATEGORY	TERMS
Financial contribution towards RAMS.	£125.58 per dwelling

 

(b)  the following Conditions (and Reasons):-

 

1.    The Cycle parking shall be provided in accordance with the EPOA Parking Standards. The approved facility shall be secure, convenient, covered and provided prior to first occupation and retained at all times.

 

Reason - To ensure appropriate cycle parking is provided in the interest of highway safety and amenity.

 

2.    The development hereby permitted shall be carried out in accordance with the following approved plans: RMJ/DW/03A, RMJ/DW/04A and RMJ/DW/05A; received 1st December 2020.

 

Reason - For the avoidance of doubt and in the interests of proper planning.

 

Including two additional conditions as follows:-

 

3.    Within three months of the date of this permission, four cars parking spaces as indicated on drawing no. RMJ/DB/01 shall be marked out on the ground and signage should be provided which clearly indicates that the spaces are for the residential properties.  These spaces shall thereafter be kept available at all times for the parking of vehicles associated with the residential properties.

 

Reason: To ensure adequate parking space is provided in accordance with the Council’s adopted Parking Standards.

 

4.    Within three months of the date of this permission, a safety platform (to provide a safe means of escape in the event of fire/flood) shall be erected and permanently retained in situ for the lifetime of residential occupation of the first and second floor accommodation.

 

Reason: To ensure adequate safety measures are put in place for the residential occupiers of the approved flats in terms of risks from fire and localised flooding.

 

Informatives:

 

Legal Agreement Informative - Recreational Impact Mitigation

           

This application is the subject of a legal agreement and this decision should only be read in conjunction with this agreement.  The agreement addresses the following issues: mitigation against any recreational impact from residential developments in accordance with Regulation 63 of the Conservation of Habitat and Species Regulations 2017.

 

Positive and Proactive Statement

           

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. 

 

Highways – reduced parking standards

 

In main urban areas with frequent and extensive public transport, cycling and walking links, the EPOA Parking Standards recommend that a reduced parking standard provision may be applied to residential developments. A reduced parking standard provision level can be applied to this proposal as it is located very close to regular public transport services and public car parking facilities.

 

Highways – works affecting the highway

 

All work within or affecting the highway is to be laid out and constructed by prior arrangement with and to the requirements and specifications of the Highway Authority; all details shall be agreed before the commencement of works.

           

The applicants should be advised to contact the Development Management Team by email at development.management@essexhighways.org or by post to:

           

SMO1 - Essex Highways

Colchester Highways Depot,

653 The Crescent,

Colchester

CO4 9YQ