Agenda item

This application is referred to the Planning Committee by the Ward Councillor for Thorpe Le Soken for the following reasons:

 

Negative impact on urban design/street scene

Highways impact and/or other traffic issues

Negative Impact on neighbours

 

This application seeks to alter the wording of Conditions 3, 5, and 6 (occupation conditions) of planning application 21/00028/FUL. The development proposed under application 21/00028/FUL was for the erection of 4 holiday caravans and this was permitted in August 2021.

 

It was reported that this application had been referred to the Planning Committee by the Ward Councillor for Thorpe-Le-Soken (Councillor Land) for the following reasons:

 

·         Negative impact on urban design/street scene

·         Highways impact and/or other traffic issues

·         Negative Impact on neighbours

 

The Committee was informed that this application sought to alter the wording of Conditions 3, 5, and 6 (occupation conditions) of planning application 21/00028/FUL. The development proposed under application 21/00028/FUL was for the erection of 4 holiday caravans and this had been permitted in August 2021.

 

The imposed conditions and their reason are summarised accordingly:-   Condition		Reason
3	The use hereby permitted shall be solely for holiday accommodation. No person shall occupy the site for more than 28 consecutive days.	To ensure the site is maintained as a tourist location and not for permanent occupation.
5	No caravan shall be occupied between 1 November and 28 February inclusive in any year.	To ensure that the accommodation remains in holiday use in support of planning policies aiming to encourage tourism and does not become a permanent residential use.
6	Occupation of the caravans is prohibited by those detailed in the Management Strategy (received 14th June 2021); namely no pets are allowed, no children under the age of 16 and no large (6+ people) same-sex groups.	To safeguard the amenities of the adjoining premises.

 

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 Manager (TF) in respect of the application.

 

Harriet Vincett-Wilson, the agent acting on behalf of the applicant, spoke in support of the application.

 

Parish Councillor Martyn Cooper, representing Thorpe Parish Council, spoke against the application.

 

Councillor Dan Land, the local Ward Member, spoke against the application.

 

Matters raised by a Committee Member:-	Officer’s response thereto:-
A Member of the Committee asked if the condition regarding no large same-sex groups was lawful?	The Planning Solicitor advised that the Committee, under Section 149 of the Equality Act 2010, must have due regards to eliminate unlawful discrimination against characteristics, particularly a protected characteristic being gender.
It was raised by a Member of the Committee the condition in relation to occupancy for no more than 28 consecutive days. Was there an option for the period to be staggered?	The Planning Officer recommended removing ‘consecutive’ to allow for a staggered period.
Was the condition for 28 consecutive days of occupancy fair?	The Planning Officer advised that a total of 56 days is suitable which is very much in-line with current national permitted development allowances for temporary uses
A Member of the Committee advised that the application be beneficial for leisure and tourism.	Agreed, the Council supports tourism related development.

 

Following discussion by the Committee, it was moved by Councillor Harris, seconded by Councillor Bray and unanimously RESOLVED that the Assistant Director (Planning) (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to the following:

 

Conditions and Reasons:

 

1 The development hereby permitted shall be begun before 2nd August 2024.

 

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:- Y0344-CS-001 REV D, received 23 Dec 2020; Y0344-CS-1250, received 28 Jan 2021; 205687-A-01 REV A, 205687-A-01-AT01, 205687-A-02 REV A received 07 Jun 2021 and the Management Strategy, received 14th June 2021.

 

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

 

3 The use hereby permitted shall be solely for holiday accommodation. No person shall occupy the site for more than 56 consecutive days.

 

Reason - To ensure the site is maintained as a tourist location and not for permanent occupation.

 

4 The development hereby permitted shall be occupied for holiday purposes only and shall not be occupied as a person's sole or main place of residence. The operators of the site shall maintain an up-to-date register of the names of all occupiers of the holiday let accommodation and of their main home addresses and shall make this information available at all reasonable times to the Local Planning Authority.

 

Reason - To prevent the use of the site for permanent accommodation in the interests of the tourism economy and local community infrastructure.

 

5 No caravan shall be occupied for any period of 6 weeks (can be non-continuous) between 1^st November and 28^th February, in any year.

 

 

Reason - To ensure that the accommodation remains in holiday use in support of planning policies aiming to encourage tourism and does not become a permanent residential use.

 

6 Occupation of the caravans is prohibited by those detailed in the Management Strategy (received 14th June 2021) as submitted and approved by the Council, unless otherwise amended in writing by agreement from the Council.

 

Reason - To safeguard the amenities of the adjoining premises.

 

7 Prior to occupation of the development, the road junction / access at its centre line shall be provided with a minimum visibility splay with dimensions of 2.4 metres by 130 metres to the east and 2.4 metres by 121 metres to the west, as measured from and along the nearside edge of the carriageway. Such vehicular visibility splays shall be provided before the road junction / access is first used by vehicular traffic and retained free of any obstruction at all times.

 

Reason - To provide adequate inter-visibility between vehicles using the road junction / access and those in the existing public highway in the interest of highway safety.

 

8 Prior to occupation of the development 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.

 

9 No unbound material shall be used in the surface treatment of the vehicular access within 6 metres of the highway boundary.

 

Reason - To avoid displacement of loose material onto the highway in the interests of highway safety.

 

10 Prior to the occupation of any of the proposed caravans, the proposed private drive shall be constructed to a width of 5.5 metres for at least the first 6 metres from the back of Carriageway / Footway / Highway Boundary (no radius kerbs).

 

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.

 

11 There shall be no discharge of surface water onto the Highway.

 

Reason - To prevent hazards caused by water flowing onto the highway and to avoid the formation of ice on the highway in the interest of highway safety.

 

12 At no point shall gates be provided at the vehicular access. The access shall remain open and free for use thereafter.

 

Reason - To give vehicles using the access free and unhindered access to and from the highway in the interest of highway safety.

 

13 The existing access into the site as indicated on block plan (DWG. no. Y0344-CS-001 Rev. D) shall be suitably and permanently closed incorporating the reinstatement to full height of the highway verge / footway / cycleway / kerbing immediately the proposed new access is brought into first beneficial use.

 

Reason - To ensure the removal of and to preclude the creation of unnecessary points of traffic conflict in the highway in the interests of highway safety.

 

14 The public's rights and ease of passage over public footpath no. 14 (Thorpe le Soken_180) shall be maintained free and unobstructed at all times.

 

Reason - To ensure the continued safe passage of the public on the definitive right of way and accessibility.

 

15 Any new boundary planting shall be planted a minimum of 1 metre back from the highway boundary and any visibility splay. The planting should be retained free of obstruction above 600mm either side of public footpath no. 14 (Thorpe le Soken_180) for the first 5 metres where the internal driveway crosses the PROW.

 

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.

 

16 The proposed development shall not be occupied until such time as the vehicle parking area indicated on the approved plans, including any parking spaces for the mobility impaired, has been hard surfaced, sealed and if required marked out in parking bays. The vehicle parking area and associated turning area shall be retained in this form at all times. The vehicle parking shall not be used for any purpose other than the parking of vehicles that are related to the use of the development unless otherwise agreed with the Local Planning Authority.

 

Reason - To ensure that on street parking of vehicles in the adjoining streets does not occur in the interests of highway safety and that appropriate parking is provided.

 

17 Each vehicular parking space shall have minimum dimensions of 2.9 metres x 5.5 metres.

 

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

 

18 Prior to the occupation of the development hereby approved a scheme of soft landscaping shall be submitted to and approved in writing by the local planning authority. The scheme shall incorporate a detailed specification including plant/hedgerow types and sizes.

 

Reason: To enhance the appearance of the development and in the interests of amenity and privacy.

 

19 No building hereby permitted shall be occupied until a waste management plan setting out how waste (sewage and refuse) will be stored and collected has been prepared, submitted to and approved in writing by the Local Planning Authority. The measures shall thereafter be implemented in accordance with the approved waste management plan for the lifetime of the development.

 

Reason: To ensure appropriate waste management facilities are provided to accommodate all waste generated by the development.

 

Additionally, that condition 5 amended to remove reference to ‘continuous’ and winter months to be specified by dates rather than generically.