Agenda item
The application has been referred to the Planning Committee at the call-in request of Councillor Anne Davis, due to concerns over the potential for the proposal to adversely affect the living conditions of neighbouring residents, some of whom are elderly, by virtue of noise and disturbance. Furthermore, she is concerned that fencing around the site is not in keeping with the character and appearance of the area, and there is insufficient parking for the number of residents and staff proposed.
Minutes:
It was reported that this application had been referred to the Planning Committee at the request of Councillor Anne Davis, due to her stated concerns over the potential, in her opinion for the proposal to adversely affect the living conditions of neighbouring residents, some of whom were elderly, by virtue of noise and disturbance. Furthermore, Councillor Davis had stated that she was concerned that the fencing around the site was not in keeping with the character and appearance of the area, and that there was insufficient parking for the number of residents and staff proposed.
Members were made aware that Frinton and Walton Town Council had also objected to the proposal, due to its concern over land use conflict with adjacent housing. Essex County Council however supported the application, and no other third party representations had been received prior to the publication of the Officer report.
The Committee was informed that the proposal was located within the Settlement Development Boundary and was felt by Officers to be acceptable in principle, in accordance with the policies of the development plan, and a lawful use certificate had previously been granted for a more intensive C2 Residential Institution use of the site. Officers considered that some weight should also be given to the policy compliant reuse of a vacant and underused site.
Members were assured that Officers had fully assessed the proposal having regard to the provisions of the development plan and site specific circumstance. Officers had found that the proposal would not have any unacceptable adverse effect on the living conditions of neighbours, or result in demonstrable harm to highway safety or the character and appearance of the area, and that approval was therefore recommended.
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.
An update sheet had been circulated to the Committee prior to the meeting with details of further third party representations and the comments of the Officers in response thereto.
Karen Carter, the applicant, spoke in support of the application.
Councillor Anne Davis, the local Ward Member, spoke against the application.
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Matters raised by a Member of the Committee:- |
Officer’s response thereto:- |
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A member of the Committee referred to the layout of the individual units and whether there was adequate floor space.
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The Planning Officer confirmed that there was a consistent layout throughout including; a bedroom, bathroom, kitchen and living area. Each unit exceeded floor space standards and was policy compliant. |
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A member of the Committee asked whether the units will be sound proofed from each other. |
The Planning Officer confirmed that the conversion works would need to comply with current Building Regulations which include acoustic attenuation for new partition walls |
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Another member of the Committee asked about the existing approval of use of the building for 6 or more individuals.
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The Planning Officer confirmed that in 2020 the Council had approved a Lawful Development Certificate for use as a care home for up to 6 children. This proposal was for up to 4 young adults. |
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How long on average would individuals live at the premises?
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The Planning Officer confirmed that individuals would be at the premises medium to long-term. |
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What reassurance could be provided if there was a noise concern? What actions could be taken?
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In terms of noise concern, the Council was in support of residential units in appropriate locations as set out in 6.3-6.14 of the report. Management and support would be provided 24/7 on site with an appropriate management plan. |
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A member referred to the hedge located on the main road, and asked if it could be conditioned so that it is maintained.
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The Planning Officer referred to condition 7 where the hedge was to be retained. An additional condition could be imposed to seek a Landscape Management Plan or alternatively, condition 7 could be amended to include maintenance provisions. |
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The report identified complex needs in relation to physical disabilities. Were there considerations to be taken into account with regards to access, doors and floor space? |
The Planning Officer referred to 5.4 with regards to the types of disabilities and impairments, the proposal detailed the accommodation necessary fundamentally for C2 use, Planning Services felt that this was substantial. |
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Could an electrical vehicle charging point be installed? |
The Planning Officer confirmed that this could be a condition recommended by the Committee. |
Following discussion by the Committee, it was moved by Councillor Casey, seconded by Councillor Harris and unanimously RESOLVED that the Assistant Director (Planning) (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to:
a) within 6 (six) months of the date of the Committee’s resolution to approve, the completion of a legal agreement under the provisions of section 106 of the Town and Country Planning Act 1990 dealing with the following matter:-:
· Financial Contribution towards RAMS
b) the conditions as stated in section 8.2 of the Officer report apart from condition 7 which is amended to include provisions for maintenance plus the additional condition in respect of an electric vehicle charging point and as reproduced below.
c) the Head of Planning being authorised to refuse planning permission in the event that such legal agreement has not been completed within the period of 6 (six) months, as the requirements necessary to make the development acceptable in planning terms had not been secured through a Section 106 planning obligation.
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 strict accordance with the following approved plans: Drawing No. 3499-PA-LOC, Location Plan Drawing No. PA-10-A, Site Plan Drawing No. PA-11-B, Proposed Floor Plans and Elevations.
Reason: For the avoidance of doubt and in the interests of proper planning.
3. As indicated on drawing no. PA-10-A, the parking spaces / vehicular hardstanding shall be constructed to minimum dimensions of 5.5m x 2.9m and retained thereafter.
Reason: To encourage the use of off-street parking, in the interests of highway safety and in accordance with Policy DM 1 and 8.
4. 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.
Reason: In the interests of protecting neighbouring residential amenity.
5. No materials produced as a result of the site development or clearance shall be burned on site.
Reason: In the interests of protecting neighbouring residential amenity.
6. Notwithstanding the terms of the Town and Country Planning (Use Classes) Order 1987 (as amended), or any Act or Order revoking and/or re-enacting the Order, the building shall be use for the purposes describe in the application, and for no other use falling within the C2 Use Class.
Reason: In the interests of proper planning and for the avoidance of doubt, and so as to comply with Saved Policy COM5 of the 2007 Local Plan.
7. The hedge behind the footway along Garden Road shall be retained for the lifetime of the development. In addition, prior to occupation of the building a hedge maintenance scheme shall be submitted to and agreed in writing by the local planning authority and thereafter maintained in accordance with the approved scheme.
Reason: In the interests of visual amenity.
8. Prior to first occupation a Management Plan for the approved use shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the use shall operate in strict accordance with the approved Management Plan, except as may be agreed otherwise in writing by the Local Planning Authority.
Reason - To ensure the use and facility is appropriately operated and managed, in the interests of protecting neighbouring residential amenity.
9. Electric Vehicle Charging Point condition (and reason) needs to be added here.
PLUS ADDITION OF FOLLOWING CONDITION:
10. Prior to commencement of development a scheme for the provision of an electric vehicle charging facility to serve the use hereby approved shall have first been submitted to and approved in writing by the local planning authority. Thereafter the charging facility shall be installed in a working order prior to first occupation of premises.
Reason: In order to promote sustainable transport.
Supporting documents:
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