Agenda item

The application is referred to the Planning Committee at the Ward Members request. The application involves the erection of a two-bedroom dwelling together with parking and associated landscaping.

It was reported that this application had been referred to the Planning Committee at the Ward Member’s request.

 

Members were aware that this application involved the erection of a two-bedroom dwelling together with parking and associated landscaping.

 

The Committee was informed that the site was located within the defined Settlement Development Boundary of Little Bromley in the emerging Local Plan and the proposed modifications had not changed this, and that very significant weight should therefore be afforded this emerging spatial policy consideration. In addition, the proposal would not, in the opinion of Officers, result in harm to the existing character of the area or wider street scene in general with regards to the design, siting, scale and external appearance of the development. The proposal would also have no detrimental impact on residential amenity or highway safety.

 

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 Team Leader (JJ) in respect of the application.

 

Alistair Mugford, the agent on behalf of the applicant, spoke in support of the application.

 

Parish Councillor and Chairman John Buxton, representing Little Bromley Parish Council, spoke against the application.

 

Matters raised by Members of the Committee:-	Officer’s response thereto:-
A Member of the Committee suggested the development was out of character. The Committee Member referred to Item F, LP8.
Another Member of the Committee raised ownership issues with regards to the right of way.	The Planning Officer confirmed that whether the farmer would provide access would be a civil matter. If the land owner refused access, the matter would become a legal matter. The Planning Officer referred to the Parish Council’s comment regarding the width of the access lane.
The Committee asked where in the plan the third bedroom or office was.	The Planning Officer advised that amendments had been made to the application to reduce the plans to two bedrooms.

 

Following discussion by the Committee, it was moved by Councillor White, seconded by Councillor Placey and RESOLVED that the Assistant Director (Planning) (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to a financial contribution towards RAMS and the following:-

 

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 and document:

 

-           Drawing No. 20 1705 LOC Rev A – Location and Block Plan

-           Drawing No. 20 1705 01 Rev B – Landscaping Plan

-           Drawing No. 20 1705 02 Rev B – Proposed Floor Plans and Elevations

-           Planning Statement

-           Ecological Impact Assessment

 

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

 

3.         All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Ecological Impact Assessment (Glaven Ecology, July 2021) as already submitted with the planning application and agreed in principle with the local planning authority prior to determination.

 

This may include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW,) to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details.

 

Reason - To conserve and enhance Protected and Priority species and allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species).

 

4.         Prior to commencement of above ground works, a Biodiversity Enhancement Strategy for Protected and Priority species shall be submitted to and approved in writing by the local planning authority.

 

The content of the Biodiversity Enhancement Strategy shall include the following:

a.         Purpose and conservation objectives for the proposed enhancement measures;

b.         detailed designs to achieve stated objectives;

c.         locations of proposed enhancement measures by appropriate maps and plans;

d.         persons responsible for implementing the enhancement measures;

e.         details of initial aftercare and long-term maintenance (where relevant).

 

The works shall be implemented in accordance with the approved details and shall be retained in that manner thereafter.

 

Reason - To enhance Protected and Priority Species/habitats and allow the LPA to discharge its duties under the s40 of the NERC Act 2006 (Priority habitats & species).

 

5.         Prior to commencement of above ground works, a lighting design scheme for biodiversity shall be submitted to and approved in writing by the local planning authority. The scheme shall identify those features on site that are particularly sensitive for bats and that are likely to cause disturbance along important routes used for foraging; and show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory.

 

All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

 

Reason - To allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species)

 

6.         Prior to the commencement of any above ground works, a scheme of hard and soft landscaping works for the site shall be submitted to and approved, in writing, by the Local Planning Authority. The scheme shall include any proposed changes in ground levels and also accurately identify spread, girth and species of all existing trees, shrubs and hedgerows on the site and indicate any to be retained, together with measures for their protection which shall comply with the recommendations set out in the British Standards Institute publication "BS 5837: 2012 Trees in relation to design, demolition and construction.

 

Reason - To enhance the visual impact of the proposed works

 

7.         All changes in ground levels, hard landscaping, planting, seeding or turfing shown on the approved landscaping details shall be carried out during the first planting and seeding season (October - March inclusive) following the commencement of the development or in such other phased arrangement as may be agreed in writing by the Local Planning Authority.  Any trees or shrubs which, within a period of 5 years of being planted die, are removed or seriously damaged or seriously diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority agrees in writing to a variation of the previously approved details.

 

Reason - To ensure that the landscaping scheme is suitably implemented within an appropriate timescale

 

8.         In order to minimise potential nuisance caused by construction works, Environmental Protection recommend that the following below is conditioned;

-No vehicle connected with the works to arrive on site before 07:30 or leave after 19:00 (except in the case of emergency). Working hours to be restricted between 08:00 and 18:00 Mondays to Saturdays (finishing at 13:00 on Saturdays) with no working of any kind permitted on Sundays or any Public/Bank Holiday whilst construction works and alterations are being carried out.

-No materials produced as a result of the site development or clearance shall be burned on site.

 

Reason - Adherence to the above condition will significantly reduce the likelihood of public complaint and potential enforcement action by Pollution and Environmental Control. The condition gives the best practice for Demolition and Construction sites. Failure to follow them may result in enforcement action under nuisance legislation (Environmental Protection Act 1990), or the imposition of controls on working hours (Control of Pollution Act 1974).

 

9.         Prior to occupation of the dwelling a 1.5 metre x 1.5 metre pedestrian visibility splay, as measured from and along the highway boundary, shall be retained on both sides of the vehicular access at all times. Such visibility splays shall be retained free of any obstruction in perpetuity. These visibility splays must not form part of the vehicular surface of the access.

 

Reason - To provide adequate inter-visibility between the users of the access and pedestrians in the adjoining public highway in the interest of highway safety in accordance with policy DM1.

 

10.       Prior to occupation of the dwelling a vehicular turning facility, of a design to be approved in writing by the Local Planning Authority shall be constructed, surfaced, and maintained free from obstruction within the site at all times for that sole purpose.

 

Reason - To ensure that vehicles can enter and leave the highway in a forward gear in the interest of highway safety in accordance with policy DM1.

 

11.       Prior to occupation of the dwelling the surface treatment at the existing vehicular access with Shop Road shall be resurfaced for at least the first 6 metres from the existing drop kerb, to be approved in writing by the Local Highway Authority with no unbound material to be used.

 

Reason - To avoid displacement of loose material onto the highway in the interests of highway safety in accordance with policy DM1.

 

12.       Prior to the occupation of the proposed dwelling, the existing private drive shall be constructed to a minimum width of 5.1 metres for at least the first 6 metres from the back of Carriageway / Footway / Highway Boundary.

 

Reason - To ensure that vehicles can enter and leave the highway in a controlled manner and to ensure that opposing vehicles can pass clear of the limits of the highway, in the interests of highway safety in accordance with policy DM1

 

13.       Any vehicular hardstanding shall have minimum dimensions of 2.9 metres x 5.5 metres for each individual parking space, retained in perpetuity.

 

Reason - To ensure adequate space for parking off the highway is provided in the interest of highway safety in accordance with Policy DM8.

 

14.       The Cycle / Powered Two-wheeler parking shall be provided in accordance with the EPOA Parking Standards. The approved facility shall be secure, convenient, covered and provided prior to occupation and retained at all times.

 

Reason - To ensure appropriate cycle / powered two-wheeler parking is provided in the interest of highway safety and amenity in accordance with Policy DM8.

 

15.       Prior to occupation of the proposed dwelling, the Developer shall be responsible for the provision and implementation of a Residential Travel Information Pack for sustainable transport, approved by Essex County Council, to include six one day travel vouchers for use with the relevant local public transport operator free of charge.

 

Reason - In the interests of reducing the need to travel by car and promoting sustainable development and transport in accordance with policies DM9 and DM10.

 

16.       Areas within the curtilage of the site for the purpose of the reception and storage of building materials shall be identified clear of the highway.

 

Reason - To ensure that appropriate loading / unloading facilities are available to ensure that the highway is not obstructed during the construction period in the interest of highway safety in accordance with policy DM1.

 

17.       Prior to above ground works, a scheme for the provision of electric vehicle charging facilities for the new dwelling hereby approved shall have first been submitted to and approved in writing by the local planning authority. Thereafter the charging facilities shall be installed in a working order prior to first occupation of the dwelling.

 

Reason: In order to promote sustainable transport.