Agenda item
This application has been referred to Planning Committee at the request of Councillor Coley due to concerns with the building being listed and being in a Conservation Area, the introduction of a stairway access to the first floor, change of use of the first floor to residential, the building is located on the edge of a busy working dock and parking issues.
This application seeks planning permission for external changes to the fenestration including; the change of a window to a door to the front elevation, a change of a window to a door to the Quay elevation, a change from a door to a window to the side elevation and erection of a safety hand rail.
Minutes:
Members were informed that this application had been referred to Planning Committee at the request of Councillor Coley due to his concerns with the building being both listed and situated in a Conservation Area, the introduction of a stairway access to the first floor, change of use of the first floor to residential, and that the building is located on the edge of a busy working dock and parking issues.
This application sought planning permission for external changes to the fenestration including the change of a window to a door to the front elevation, a change of a window to a door to the Quay elevation, a change from a door to a window to the side elevation and erection of a safety hand rail.
It was reported that the application site was located within the 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 application was located within the Conservation Area and adjacent to a Grade II Listed Building.
Members were advised that ECC Heritage had been consulted and had no objections subject to conditions relating to the details of the handrail and further details of the windows and doors.
The proposals were not considered by Officers to cause any impact upon the neighbouring amenities.
The Committee was made aware that Mistley Parish Council had recommended this application for refusal and that one letter of objection had been received.
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 (TF) in respect of the application.
An update sheet had been circulated to the Committee prior to the meeting whereby the Recommendation in section 8 of the report should read as follows:
“That the Head of Planning be authorised to grant planning permission for the development subject to
the conditions stated in section 8.1.”
Guy Williamson, the agent on behalf of the applicant, spoke in support of the application.
Derek Bell, a local resident, spoke against the application.
Councillor Coley, a local Ward Member, spoke against the application.
|
Matters raised by Members of the Committee:- |
Planning Officers’ response thereto:- |
|
A member of the Committee asked if the Committee could challenge the permitted development rights. |
The Planning Officer confirmed that the Committee cannot challenge these rights. |
|
A member of the committee raised flooding issues, expressing a duty to prevent flood risk. If they were approving changes, should there have been a flood risk assessment? If there is no such assessment, could the Committee request so? |
The Planning Officer asked the Committee to consider the operational use and if it were to be considered, there are different levels of risk to be considered. |
|
Another member of the Committee raised concerns regarding fire risks. The use of the building increases the risk. Had a fire risk assessment been undertaken? |
The Planning Officer confirmed that there had not been a consultation with the Essex Fire Service. Internal works are being undertaken as part of building regulations and a fire risk would form part of these regulations. |
|
The ‘emergency egress’ doorway was raised as an issue. Could a condition be put before the Committee to clarify the entrance and exit points for safety and disabled purposes? |
The Planning Officer confirmed that it was suspected that the emergency exit was accessed from the High Street. A condition can be put before the Committee. |
|
6.5/6.10 – A member of the Committee referred to the Heritage Assessment whereby no objections were received. |
The Planning Officer confirmed no objections had been received. |
|
The Chairman of the Committee asked if the use may change, and would the applicant specify the particular use of the premises? |
The Planning Officer confirmed that the application stated café-use on ground floor at Class E with potential for an alternative use. |
Following discussion by the Committee, it was moved by Councillor Baker, 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 the following planning conditions (and reasons):-
1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
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:
· Drawing No. TH04 REV 7
Reason - For the avoidance of doubt and in the interests of proper planning.
3. Before any work is commenced drawings to a scale of not less than 1:20 fully detailing the new windows and doors and their surrounds to be used and indicating: materials; cross sections for glazing bars, cills, heads etc at a scale of 1:20; and method of glazing shall be submitted to and approved in writing by the Local Planning Authority. The approved works shall be installed/carried out in complete accordance with the approved details.
Reason - The application relates to a building in the Conservation area and adjacent to a Grade II Listed building and therefore such details are necessary in order to preserve and enhance the historic character.
4. No development shall be commenced until a schedule of external finish materials including the handrail shall be submitted to and agreed, in writing, by the Local Planning Authority. Such materials as may be agreed shall be those used in the development and permanently maintained as such.
Reason - To ensure materials are of a very high quality to respect the building and its setting.
4. Subject to addition of a further planning condition to require that new door to front/high street elevation is used for emergency purposes only and that rear/riverside door forms principal access to ground floor unit.
Supporting documents:
PDF 262 KB