Agenda item

The application has been referred to the Planning Committee by the Councillor G Guglielmi due to the loss of the commercial premises in the ‘Primary and main Shopping Frontage of Manningtree High Street’. 

 

The host building is a Grade II Listed Building located in the Town Centre of Manningtree and within Manningtree Conservation Area. The former bank has obtained planning permission in 2017 for a retail unit at ground floor facing the High Street, with six flats making up the rest of the building and a separate dwelling-house to the rear.

Councillor V Guglielmi had earlier in the meeting declared a personal interest in this application as she was a local Ward Member. She had informed the Committee that she was not pre-determined and therefore took part in the Committee’s deliberations.

 

Members were advised that the application had been referred to the Planning Committee by the Councillor G Guglielmi due to his concerns about the loss of the commercial premises in the ‘Primary and main Shopping Frontage of Manningtree High Street’. 

 

It was reported that the site was located inside the Development Boundary for Manningtree 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 host building was a Grade II Listed Building and former bank located in the Town Centre of Manningtree and within Manningtree Conservation Area. Planning permission had been obtained in 2017 for a retail unit at ground floor facing the High Street, with six flats making up the rest of the building and a separate dwelling-house to the rear.

 

The host building was not within the Primary Shopping Frontage area as designated by policy ER33.

 

Members were informed that a similar application to the current application had been submitted and refused in 2020 which had also looked to convert the ground floor retail unit to a residential use. The four reasons of refusal on that occasion had been:

 

•           Poor levels of residential amenity internally and externally.

•           Development proposed is within a Flood Risk 3 with Flood Risk implications.

•           Unacceptable impact on the Listed Building and the Conservation Area.

•           Lack of RAMS payment in accordance with the habitat regulations.

 

However, Officers considered that the current application had overcome those concerns.

 

The Committee was advised that the proposed development would not result in any material harm to the character of the area, residential amenities or highway safety. The application had therefore been recommended for approval by Officers subject to conditions and in conjunction with a completed 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 (NW) in respect of the application.

 

An update sheet had been circulated to the Committee prior to the meeting with confirmation in writing that theEnvironment Agency on 12 April 2021, had removed their objection to the application, with the suggested Planning Condition changes set out below:

 

“3        The development hereby approved shall be carried out in its entirety as shown on the submitted plans. One residential unit may be occupied before works to the front facade of the building and new shop front have been installed and the works carried out in accordance with the schedule agreed within application 20/01722/FUL.

                       

Reason - The development has been permitted due to the significant benefits that would result for the listed building, and it is essential that the works are carried out as a package of improvements in the interest of the character and setting of the listed building.

 

15        There shall be no public access to the cellar and it shall not be used for retail sales or residential habitation. The cellar is for storage purposes for the ground floor flat only.

 

Reason - In the interest of public and residential safety as the site falls within a flood-risk zone and the cellar could be subject to rapid inundation in the event of flooding.

 

22.       Copies of the amended ‘Flood Warning and Evacuation Plan’ for 2 High Street, Manningtree, dated March 2021, shall be given to each new residential residing at the development.

 

Reason - In the interest of public and residential safety as the site falls within a flood-risk zone and the cellar could be subject to rapid inundation in the event of flooding.”

 

Parish Councillor Ruth Stocks, representing Manningtree Town Council, spoke against the application.

 

Councillor G Guglielmi, a local Ward Member, spoke against the application.

 

Councillor Coley, a local Ward Member, spoke against the application.

 

Mark Edgerley, the agent actingon behalf of the applicant, spoke in support of the application.

 

Matter raised by a Committee member:-	Officer’s response thereto:-
In reference to parking facilities, why was parking mentioned in the original application and not in the most recent application?	Planning Officer confirmed that this was not a reason for refusal. The car park mentioned is locked overnight. The new application reduced the demand for parking in the area.
Cycling provision available for all properties?	A condition had been put forward for provision for cycling and subsequently a discharge of the condition relating to this. There are no outdoor amenity space, however, there is a basement for storage purposes.

 

Following discussion by the Committee, it was moved by Councillor Bray, seconded by Councillor Harris and RESOLVED that, contrary to the Officers’ recommendation of approval, the Assistant Director (Planning) be authorised to refuse planning permission for the development, for the following reasons:-

 

1          The National Planning Policy Framework 2019 (NPPF) at paragraph 127 stated that planning decisions should ensure that developments would function well and add to the overall quality of the area. Furthermore, Paragraph 108 of the NPPF sought to ensure that safe and suitable access to a development site could be achieved for all users.

           

Saved Policy TR7 said for residential development within town centres and for all non-residential development, the adopted car parking standards would be applied. Saved Policy QL10 of the adopted Tendring District Local Plan 2007 stated that planning permission would only be granted if amongst other things; access to the site was practicable and the highway network would be able to safely accommodate the additional traffic the proposal would generate and the design and layout of the development provided safe and convenient access for people. The sentiments of this policy were carried forward within draft Policy SPL3 of the emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft 2017.

           

The current Essex County Council Parking Standards 2009 set out the requirements for residential development, two bedroom dwelling requires 2 parking spaces. In this case, no parking spaces were provided.

           

The proposed development failed to provide sufficient off street parking facilities for the proposed dwellings in line with the current Parking Standards. The proposal would therefore lead to additional vehicles being left parked in the surrounding streets or adjoining highway causing conditions of highways safety, obstruction and congestion. The proposed development therefore failed to provide car parking facilities sufficient to satisfy the likely demands of the site, thereby contrary to Saved Policy TR7, Emerging Policy SPL3, Essex County Council Parking Standards (2009), and Saved Policy QL10 (vi) which required new development to be designed to meet its functional needs.

           

Furthermore, the National Planning Policy Framework stated Local Planning Authorities should consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations. Planning obligations should only be sought where they met all of the following tests: necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind to the development. 

           

Saved Policy TR1a stated proposals for development affecting highways would be considered in relation to the road hierarchy to reducing and preventing hazards and inconvenience to traffic and to the effects on the transport system including the physical and environmental capacity to accommodate the traffic generated. The Highway Authority identified a need for a financial contribution of £2,000 (index linked) towards the introduction of any future residents parking scheme for the surrounding roads subject to any scheme being put forward by the North Essex Parking Partnership.

           

A completed unilateral undertaking or Section 106 legal agreement to secure the relevant contributions towards a possible future residents parking scheme had not been provided and the application was therefore contrary to saved policy TR1a of the adopted Tendring District Local Plan 2007.

           

 2         Paragraph 85 of the National Planning Policy Framework (2019) stated that planning policies and decisions should support the role that town centres play at the heart of local communities, by taking a positive approach to their growth, management and adaptation.

           

Policy ER3 of the Adopted Tendring Local Plan 2007 stated that land in, or allocated for employment use would normally be retained for that purpose, and its change of use would only be permitted if the applicant could demonstrate that it was no longer viable or suitable for any form of employment use. Within this, the applicant should have either submitted evidence of a sustained but ultimately unsuccessful marketing exercise, undertaken at a realistic asking price or demonstrate that the land was inherently unsuitable and/or not viable or suitable for any form of employment use.

                       

The proposal would have resulted in the loss of a town centre employment use within a town centre location. The proposal would see the change of use of an existing A1/A2/B1a use to a C3 residential use.

                       

The submitted marketing information showed that the site had been marketed for Retail only between the dates of 9th October 2018 until 31st January 2020. However, since September 1st 2020 a new use class had been introduced, Class E. This new use class allowed for a far wider number of possible uses for the ground floor unit. The fact that a marketing campaign had not taken place including this wider number of possible uses under Class E demonstrated a significant deficiency within the current marketing campaign submitted with this application.

                       

It was therefore considered that the information supplied had failed to demonstrate that the site had been marketed to its fullest potential and had therefore failed to demonstrate the site was inherently unsuitable or not viable for any form of employment use. The proposal therefore failed to accord with saved policy ER3 of the Tendring District Local Plan 2007 and Paragraph 85 of the National Planning Policy Framework, to the detriment of the local economy and reducing the commercial capacity of the town centre location.

 

IMPORTANT INFORMATION :-

 

The local planning authority considered that the following policies and proposals in the development plan were relevant to the above decision:

 

QL1     Spatial Strategy

QL2     Promoting Transport Choice

QL3     Minimising and Managing Flood Risk

QL9     Design of New Development

QL10   Designing New Development to Meet Functional Needs

QL11   Environmental Impacts and Compatibility of Uses

QL12   Planning Obligations

ER3     Protection of Employment Land

ER31   Town Centre Hierarchy and Uses

ER33   Non-retail Uses Within Primary Shopping Frontages

HG1     Housing Provision

HG3     Residential Development Within Defined Settlements

HG9     Private Amenity Space

COM6 Provision of Recreational Open Space for New Residential Development

EN6     Biodiversity

EN6A   Protected Species

EN11A            Protection of International Sites European Sites and RAMSAR Sites

EN12   Design and Access Statements

EN17   Conservation Areas

EN22   Extensions or Alterations to a Listed Building

TR7     Vehicle Parking at New Development

SP1     Presumption in Favour of Sustainable Development

SP6     Place Shaping Principles

SPL2   Settlement Development Boundaries

SPL3   Sustainable Design

PP3     Village and Neighbourhood Centres

PPL1   Development and Flood Risk

PPL8   Conservation Areas

PPL9   Listed Buildings

CP1     Sustainable Transport and Accessibility

EN23   Development Within the Proximity of a Listed Building

NPPF National Planning Policy Framework February 2019

National Planning Practice Guidance

Tendring District Local Plan 2007

Tendring District Local Plan 2013-2033 and Beyond Publication Draft (June 2017)

 

Positive and Proactive Statement

 

The Local Planning Authority acted positively and proactively in determining this application by identifying matters of concern with the proposal and discussing those with the Agent.  However, the issues were so fundamental to the proposal that it had not been possible to negotiate a satisfactory way forward and due to the harm which had been clearly identified within the reasons for the refusal, approval was not possible.