Agenda item

Variation of condition 2 of application 19/01261/FUL (approved on appeal APP/P1560/W/19/3244048) for revisions to plot one and access road.

This application is to be determined by the Planning Committee as one of the applicants is employed by Tendring District Council within the Planning Department.

Members were informed that this application was to be determined by the Planning Committee as one of the applicants was employed by Tendring District Council within the Planning Department.

The Committee was made aware that the application site was located within the defined Settlement Development Boundary for Alresford, as defined by the Emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft (June 2017). The principle for residential development is therefore acceptable.

It was reported that the proposal was for a variation to the approved planning permission for this site, which had recently been allowed on appeal. The proposal was for erection of three dwellings on this site. 

Members were advised that the submitted plans showed a reconfiguration to the approved turning head and changes to Plot 1 in terms of the rear elevation including the introduction of a rear gabled section along with new solar panels to the rear and side roof slopes. 

Officers considered that the proposed variation would not represent a significant departure from the approved scheme. It would not result in harm to the existing trees or to neighbouring amenities. County Highways supported the application subject to conditions. A legal agreement to cover financial contributions towards Open Space and RAMS had been completed as part of the approved application. Therefore, subject to a number of conditions, the application was recommended by Officers for approval.

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 Managerin respect of the application.

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

(i)      Corrections to Paragraphs 1.4, 6.4, 6.7, 6.8 and 6.9 of the Officer report i.e. they should have referred to solar panels rather than roof lights; and

(ii)     Amended wording for proposed Planning Condition No.2.

Following discussion by the Committee, it was moved by Councillor Bray, seconded by Councillor V E Guglielmi and unanimously:-

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

1     The development hereby permitted shall begin no later than 14 August 2023. 

Reason - To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

2     The development hereby permitted shall be carried out in accordance with the following approved plans: 40 Rev B, 41 Rev B, 42 Rev B, 43 Rev B, 44 Rev A, 45 Rev A, 46 Rev A, 47 Rev A 48 Rev B and 49 Rev B.

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

3     Prior to any equipment, machinery or materials being brought onto the site for the purposes of the development hereby approved, details of tree protection measures shall be submitted to and approved in writing by the local planning authority (LPA). Development shall be carried out in accordance with such measures, which shall be installed prior to development commencing.

Reason - To ensure the protection of the retained trees on site.

4     Prior to the first occupation of the dwellings hereby permitted, a Landscaping Plan, including details of boundary treatments, hard surfacing, ground levels and the species and size of any trees and hedges to be planted, shall be submitted to and approved in writing by the LPA. Development shall be carried out in accordance with the approved details prior to occupation or, for any new trees or hedges, within the first available planting season.

Reason - In the interests of protecting the semi-rural landscape and in the interests of visual amenity.

5     If, within a period of 5 years from the date of planting, any new tree or hedge is removed, uprooted, destroyed or dies or becomes, in the opinion of the LPA, seriously damaged or defective, another tree or hedge of the same size and species as that originally planted shall be planted at the same place within the first planting season following the removal, uprooting, destruction or death of the original tree or hedge.

Reason - To ensure and maintain the enhance enhancement of the site.

6     Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification) no enlargement of the dwelling houses, additions to their roofs or the construction of buildings incidental to their enjoyment, as permitted by Classes A, B and E of Part 1 of Schedule 2 of that order, shall take place.

Reason - To protect the semi-rural landscape and in the interests of visual amenity.

  7   Prior to the first occupation of the dwellings hereby approved, the vehicular access and off street parking and turning facilities as shown on approved drawing 41 Rev B, and an appropriate dropped kerb vehicular crossing of the footway/highway verge to the specifications of the Highway Authority, shall be provided.

Reason: To ensure that all vehicles using the private drive access do so in a controlled manner and to ensure that opposing vehicles may pass clear of the limits of the highway, in the interests of highway safety.

8     No development shall take place until a Construction Method Statement (CMS) has been submitted to and approved in writing by the LPA. The Statement shall provide for; the parking of vehicles of site operatives and visitors, loading and unloading of plant and materials, storage of plant and materials and wheel washing facilities. The approved CMS shall be adhered to throughout the construction period for the development.

Reason: To ensure that on-street parking of these vehicles in the adjoining streets does not occur, in the interests of highway safety.

9     No unbound materials shall be used in the surface treatment of the vehicular access within 6m of the highway boundary.         

Reason: To ensure that loose materials are not brought out onto the highway, in the interests of highway safety.