Agenda item

 

This application is referred to Planning Committee at the request of the previous Planning Committee who when the outline consent was given resolution to granted requested that all reserved matters applications are determined by Planning Committee. Cllr Turner has also requested that the application be ‘called in’ to Planning Committee.

 

The current application seeks approval of the reserved matters relating to outline planning permission 16/00031/OUT which granted planning permission for the erection of up to 210 dwellings with access from Elm Tree Avenue, including green infrastructure, children’s play areas, school drop off and parking facility and other related infrastructure. This application includes details of appearance, landscaping, layout and scale which were not included as part of the outline. Details of the access have been approved as part of the outline consent.

 

It was reported that this application had been referred to Planning Committee in accordance with its previous request that all reserved matters applications for this site were to be determined by the Planning Committee.  Councillor Turner had also requested that this application be ‘called in’ to the Committee.

 

The Committee was reminded that the current application sought approval of the reserved matters relating to outline planning permission 16/00031/OUT which had granted planning permission for the erection of up to 210 dwellings with access from Elm Tree Avenue, including green infrastructure, children’s play areas, school drop off and parking facility and other related infrastructure. This application included details of the appearance, landscaping, layout and scale which had not been included as part of the outline. Details of the access had been approved as part of the outline consent.

 

Members were also reminded that, as established through the granting of outline application 16/00031/OUT the principle of residential development for up to 210 dwellings on this site was acceptable.

 

In the opinion of the Officers, the detailed design, layout, landscaping and scale were considered acceptable. The proposal would result in no material harm to residential amenity or highway safety.

 

The application was therefore recommended for approval subject to a legal agreement to secure the necessary financial contribution towards RAMS.

 

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 subject to a legal agreement under the provisions of section 106 of the Town and Country Planning Act 1990.

 

At the meeting, an oral presentation was made by the Council’s Planning Manager (TF) in respect of the application.

 

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

(1)                Paragraph 6.7 of the Officers Report stated that the proposal included 18 gifted affordable properties, this was not correct.  The affordable housing requirement was set out in the Section 106 Agreement linked to the outline consent, but was not to be agreed as part of this application.  This matter would be dealt with when discharging the obligations of the Section 106 Agreement.

(2)                Revised plans submitted showing that all plots had garden sizes in accordance with Policy HG9 of the Tendring District Local Plan 2007.

 

Sam Kazman, the agent acting on behalf of the applicant, spoke in support of the application.

 

Town Councillor Nick Turner, representing Frinton and Walton Town Council, spoke againstthe application.

 

Matters raised by a Committee Member:-	Officer’s response thereto:-
A Member of the Committee raised concerns regarding the mundane look of the dwellings compared to the view.	The Planning Officer confirmed that the design had been negotiated and was of a form and quality that was considered acceptable in terms of national and local plan policies..
It was raised by a Member of the Committee the location of the car park and whether this could have been replaced with the children’s play area.	The Planning Officer confirmed that the school ‘drop off and pick-up car park had been agreed in principle at the outline stage and had been sited as close to the school site as possible to ensure maximum usage by parents.
How big was the open space?	In terms of the adopted policy, 10% of open space was required for a development. In this case, provision was over and above the 10% minimum
Where the properties were located on the southern edge, did they get a view?	Some dwellings will have a view of the estuary but this would be shielded by current foliage and the existing hedgerow to be retained.
Would trees be planted as part of the scheme?	In the edges of the northern end of the site, there were some tree-planting proposals.
	In terms of negotiations, the one proposed point of access was an appropriate form of access from Elm Tree Avenue. From a safety point of view, Walton Road was a concern as it is a derestricted road. A separate access for the school drop off/pick-up car park did not form part of the outline permission and would require planning permission in its own right. A separate access could cause some high issues as a number of other access points nearby and opposite.
A Member of the Committee raised concerns regarding the collection of children from the local school. It was expected that those buying homes from the development would consider this.
Are there any affordable homes?	The Planning Officer confirmed that this scheme includes  18 gifted units which were agreed as part of the outline approval and are covered by the associated  Section 106 agreement.
Will the homes or the car park have electric charging points?	The recommendation includes conditions requiring electric charging points for each dwelling and a requirement for 20% of the sites energy needs to be provided through renewable technologies.
A Member of the Committee asked if the 18 gifted dwellings would be of the same quality and design as the remainder of the development.	The Planning Officer confirmed that the scheme would be tenure blind.

 

Following discussion by the Committee, it was moved by Councillor White, seconded by Councillor Baker and 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 stated in section 8.2 of the Officer report and reproduced below.

 

c)       the Assistant Director (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 carried out in accordance with the following approved Drawing Nos:

TW024-PL-02 F

TW024-PL-03 B

TW024-PL-04 B

TW024-PL-05 B

TW024-PL-07 B

TW024-PL-08 B

TW024-PL-09 B

TW024-PL-10 A

TW024-NA20-01 00

TW024-NA22-01 00

TW024-PA25-01 00

TW024-NA34-01 00

TW024-PA34-01 00

TW024-PA34-02 00

TW024-PT37-01 00

TW024-NT42-01 00

TW024-NT42-02 00 Page 34

TW024-NA44-01 00

TW024-NA45-01 00

TW024-NA51-01 00

TW024-NA51-02 00

TW024-WOOD-01 00

TW024-ST-01 00

TW027-SS-01 00

TW027-GR-01 00

TW027-GR-02 00

21.5136.01 B

21.5136.02 A

21.5136.03 A

21.5136.04 B

21.5136.05 B

21.5136.06 A

21.5136.07 A

21.5136.08 A

21.5136.09 A

21.5136.10 B

21.5136.11 A

21.5136.12 B

2101470-002

2101470-003

2101470-006

2101470-007 A

 

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

 

2 No development shall be commenced until precise details of the manufacturer and types and colours of the external facing and roofing materials to be used in construction have been submitted to and agreed, in writing, by the Local Planning Authority. Such materials as may be agreed shall be those used in the development.

 

Reason - To ensure that materials of an acceptable quality appropriate to the area are used and insufficient information has been submitted in this regard.

 

3 Prior to occupation of any phase of the development a 1.5 metre x 1.5 metre clear visibility, as measured from and along the boundary, shall be provided on both sides of the vehicular accesses. 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.

 

4 Prior to the commencement of any phase of the development, details of the estate roads and footways (including layout, levels, gradients, surfacing, traffic calming and means of surface water drainage) shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure that roads and footways are constructed to an acceptable standard, in the interests of highway safety.

 

5 Any proposed boundary planting shall be planted a minimum of 1 metre back from the highway boundary and any visibility splay.

 

Reason: To ensure that the future outward growth of the planting does not encroach upon the highway or interfere with the passage of users of the highway, to preserve the integrity of the highway and in the interests of highway safety.

 

6 The development of any phase shall not be occupied until such time as a car parking and turning areas has been provided in accord with current Parking Standards. These facilities shall be retained in this form at all times and shall not be used for any purpose other than the parking and turning of vehicles related to the use of the development thereafter.

 

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

 

7 Prior to the commencement of any above ground development details of cycle parking for those properties without a garage shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details which shall be secure, convenient, covered and provided prior to first occupation and retained at all times.

 

Reason: To ensure appropriate cycle parking is provided in the interest of highway safety and amenity.

 

8 Prior to above ground works, a scheme for the provision of electric vehicle charging facilities for the new dwellings 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 dwellings.

 

Reason: In order to promote sustainable transport.

 

9 Prior to the occupation of any dwelling a scheme detailing how a minimum of 20% of the energy needs generated by the development can be achieved through renewable energy sources shall be submitted to and approved in writing by the local planning authority. The scheme shall detail the anticipated energy needs of the scheme, the specific renewable technologies to be incorporated, details of noise levels emitted (compared to background noise level) and how much of the overall energy needs these will meet and plans indicating the location of any external installations within the development. The development shall be carried out in accordance with the approved details and shall be retained as such thereafter.

 

Reason: To ensure the development contributes to minimising the effects of, and can adapt to a changing climate.

 

Additionally, that upon completion of the development, the Committee undertakes a site visit.

 

The Chairman requested approval from Members of the Committee to continue the meeting past the allowed period of 3 hours as required by Council Procedure Rule 35.1. It was moved by Councillor Bray, seconded by Councillor Baker and RESOLVED that the Committee continue its deliberations.