Agenda item

The application is referred to the Planning Committee at the request of Ward Councillor Jayne Chapman, due to concern over the scale of the proposed storage building and the site’s location (remote from the host dwelling), in an area liable to flooding where historic covenants would preclude the development.

Members were informed that the application had been referred to the Planning Committee at the request of Ward Councillor Jayne Chapman BEM, due to her concern over the scale of the proposed storage building and the site’s location (remote from the host dwelling), in an area liable to flooding where historic covenants would preclude the development.

The Committee was informed that the proposal was situated in an edge-of-settlement location, divorced from the applicant’s flatted dwelling in Brightlingsea. Nevertheless, development plan policy would not have precluded the proposal in principle and it would not have materially harmed the character or appearance of the area, or wider landscape. There was a recreational functional need for the development to be located in this location and the proposal was compatible with adjoining land uses. Members were reminded that the site was not at risk of flooding and the proposal would not harm the residential amenity of neighbours, having particular regard to privacy and outlook, noise and disturbance. There would have been no harm to sites protected for their biodiversity importance, and there was no objection from the Local Highway Authority.

Subject to conditions, in the opinion of Officers the proposal would have therefore complied with the requirements of the development plan and material considerations did not contradict that.

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.

An update sheet had been circulated to the Committee prior to the meeting to advise that Ward Councillor Jayne Chapman BEM had emailed Officers to comment that Brightlingsea Town Council had no objection to the use of the land as a garden, but were concerned about the size of the outbuilding and questioned why anyone would want an area of outdoor amenity space remote from a dwelling.

Also, that the Town Council was concerned over the potential for a residential use of the storage building in the future. The area was outside of the Settlement Development Boundary and was liable to flooding. Restrictions had been placed during the winter months on approved commercial uses [uses for commercial storage of boats and caravans]. Application TEN/1658/88 for open storage of boats, trailers and associated equipment had been refused planning permission on 27 September 1988 (east of Lime Street at the rear of the Masonic Hall).

Councillor Chapman BEM, a local Ward Member who had “called in” the application, spoke against the application.

Following discussion by the Committee, it was moved by Councillor Bray, 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 the following planning conditions (and reasons):-

1 The development hereby permitted shall be carried out in accordance with the following approved plans:

Location Plan Dated 25.07.2020

Site Plan Dated 22.06.2021, Dwg. No. TC 01.22

Elevations and Layout, Dwg. No. TC 01.21

Photographs of Summer House and Water tanks

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

2 The use of the storage building hereby permitted shall be limited to private use only, as set out in the application, and shall not be used for any B8 storage and distribution or any other commercial use.

Reason: In the interest of protecting the residential amenity of neighbours.

3 External lighting shall only be install in accordance with scheme of external lighting which shall have first been submitted to and agreed in writing by the local planning authority.

Reason: In the interest of preventing unnecessary light pollution.

4 Any boundary treatment to Lime Street shall only be erected in accordance with details which shall have first been submitted to and approved in writing by the local planning authority.

Reason: In the interest of visual amenity.

5 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no boundary treatment to Lime Street shall be erected other than as may have been expressly authorised by Condition 4 of this permission.

Reason: In order that such development can be controlled in the interests of visual amenity.

6 External materials and finishes, windows and doors of the storage building hereby approved, and any remaining hard/soft landscaping to be carried out, shall be in accordance with precise details which shall have first been submitted to and agreed in writing by the local planning authority.

Reason: In the interest of visual amenity.

Revised condition 2 (and reason):

The use of the storage building hereby permitted shall be limited to private use only, as set out in the application, and shall not be used for any b8 storage and distribution or any other commercial us, or for any residential occupation as a dwelling.

Reason: in the interest of protecting the residential amenity of neighbours and to ensure compliance with the development plan.

Additional condition 7 (surface water drainage – adapted from pins model conditions) prior to first use of the storage building, surface water drainage works shall have been carried out in accordance with details which shall have been submitted to and approved in writing by the local planning authority.

Reason: in order to address surface water run-off and ensure appropriate drainage.