Agenda item

This application was originally 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 was deferred from the Planning Committee meeting held on 28th September 2021. The Planning Committee deferred the application to allow for further negotiations on the application in relation to the omission or amendment of the balcony details to the rear and to address ECC Heritage objections as well as consideration of the external staircase to address overlooking and private amenity issues with the immediate neighbouring property.

The application has now been amended with the external staircase omitted. As such, the application now relates solely to the proposed balcony and window to a door to the Quay elevation only.

Further to Minute 192 above and for the reasons stated therein, Councillor Bray withdrew from the meeting during the Committee’s consideration of this planning application and its decision making thereon.

Members recalled that this application had originally been referred to the Planning Committee at the request of Councillor Coley due to his 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, and that the building was located on the edge of a busy working dock and there were parking issues. This application had been submitted to the Planning Committee’s meeting held on 28th September 2021 when it had been deferred in order to allow for further negotiations on the application in relation to the omission or amendment of the balcony details to the rear and to address Essex County Council’s (ECC) Heritage objections as well as consideration of the external staircase to address overlooking and private amenity issues with the immediate neighbouring property.

The Committee was informed that the application had now been amended with the external staircase omitted. As such, the application related now solely to the proposed balcony and window to a door to the Quay elevation only.

Members recalled 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 site was also located within the Conservation Area and adjacent to a Grade II Listed Building.

It was reported that ECC Heritage had been consulted and had an objection to the proposed balcony.

The proposals were not considered by Officers to cause any impact upon the neighbouring amenities.

Mistley Parish Council had not commented on the amended application and no further letters of representations were received on the amended application.

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.

Due to the application being previously deferred, there were no speakers under the Public Speaking Scheme.

Due to a need to rectify a problem with her motor vehicle Councillor Fowler left the meeting at this juncture and did not return before the meeting had ended.

Following discussion by the Committee, it was moved by Councillor Harris, seconded by Councillor Alexander 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 and 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. TH05 REV12

- Drawing no. TH06 REV1

- Drawing no. TH12 REV1

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 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.

-          In addition, the removal of the staircase.