Agenda item

The application has been called in by Councillor Anne Davis.

 

The proposal is for the demolition of the existing dwelling and the construction of four detached bungalows with associated parking and landscaping. It is also proposed to increase the width of the main access way from Turpins Lane. The site is located within the defined Settlement Development Boundary of Frinton-on-Sea and is considered to be an existing backland site.

Members were advised that this application had been called in by Councillor Anne Davis.

 

The Committee was informed that this application was for the demolition of the existing dwelling and the construction of four detached bungalows with associated parking and landscaping. It was also proposed to increase the width of the main access way from Turpins Lane. The site was located within the defined Settlement Development Boundary of Frinton-on-Sea and was considered to be an existing backland site.

 

The proposal was considered by Officers to be of a size, scale and design in keeping with the overall grain of residential development in the surrounding area. There were no concerns raised regarding the impact on the neighbouring residential properties and subject to conditions it was considered by Officers to be acceptable in regards to Highways and Parking impacts.

 

Members were reminded that the application had been deferred from the November 2021 Committee meeting due to concerns raised by Councillors regarding the ecology impacts of the development and more information  had been requested in regard to the protection measures proposed for the existing TPO tree located adjacent to the proposed access way. An Arboricultural Impact Assessment and Preliminary Method Statement, Preliminary Ecological Assessment and a Construction Management Plan had been now submitted to support the 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 Team Leader (JJ) in respect of the application.

 

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

 

Mr Harry Shearing, a local resident, spoke against the application.

 

Councillor Anne Davis, a local Ward Member, had submitted a written representation objecting to the application, which was read out by Councillor Mark Stephenson who was present in the public gallery. (Councillor Davis had been unable to attend the meeting due to Covid-19 related illness.)

 

Matters raised by Members of the Committee:-	Officer’s response thereto:-
A member of the Committee asked the Planning Officer to confirm the requirements in relation to a long narrow driveway (LP8).	The Planning Officer advised the Committee to consider the altered existing access way, the Officer referred to LP3 whereby, ‘safer means of access must be provided’. This justification was important in determining the application. There was no objection from ECC Highways.
It was raised by a member of the Committee concerns on parking and amenity space.	The Planning Officer confirmed that the parking and amenity space was acceptable.
A member of the Committee asked the Planning Officer to confirm the refuse arrangements.	The Planning Officer advised that the refuse collection point would be Turpins Lane for the residents according to the waste schedule.
What was proposed for the existing hedge?	Condition 13  would be deleted so that  the hedge  was now to be  kept.

 

The Chairman, at this time, 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 Harris, seconded by Councillor Placey and RESOLVED that the Committee continue its deliberations.

 

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 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 and reports:

Drawing No 937/01C  – Proposed Site Layout (with Highway visibility splays)

Drawing No 937/02  – Plot 1 Proposed Elevations and Floorplan

Drawing No 973/03  – Plot 2 Proposed Elevations and Floorplan

Drawing No 973/04  – Plot 3 Proposed Elevations and Floorplan

Drawing No 973/05 – Plot 4 Proposed Elevations and Floorplan

Drawing No 973/06  – Plots 3 & 4 Garage Elevations and Floorplan

Drawing No 937/07C – Proposed Landscaping Plan

Arboricultural Impact Assessment and Preliminary Method Statements prepared by Tree Planning Solutions dated 20th January 2022 Reference No. TPSarb5511221 Preliminary Ecological Appraisal Version 1 prepared by Hybrid Ecology Ltd, dated December 2021

 

Reason: In the interests of proper planning and for the avoidance of doubt.

 

3. Prior to the commencement of development hereby permitted, the specific requirements of paragraphs numbered 1 to 3 below must have been undertaken.  If unexpected contamination is found after development has commenced, no further development shall be carried out on that part of the site affected by the unexpected contamination until the requirements of paragraph 4 have been complied with in relation to such contamination.

 

1 Site Characterisation - An investigation and risk assessment, in addition to any assessment provided within the planning application, shall be carried out in accordance with a scheme to assess the nature and extent of any contamination of the site.  The investigation and risk assessment shall be undertaken by a competent person and a written report of the findings shall be submitted to and approved in writing by the Local Planning Authority.  The report shall include:

(i) a survey of the extent, scale and nature of contamination;

(ii) an assessment of the potential risks to:  human health, property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, adjoining land, ground waters and surface waters,  ecological systems, archaeological sites and ancient monuments; and

(iii) an appraisal of options for remediation and a proposal with preferred option(s). This appraisal shall be conducted in accordance with the Environment Agency Model Procedures for the Management of Land Contamination (CLR 11).

 

2. Submission of Remediation Scheme - A detailed Remediation Scheme to ensure that the site is suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include all works of remediation to be undertaken, remediation objectives and criteria, timetable of works and related site management procedures. The scheme shall ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the use of the land after remediation.

 

3. Implementation of Approved Remediation Scheme - The Remediation Scheme required under paragraph 2 above shall be carried out in accordance with its terms prior to the commencement of any works of construction on site unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority shall be notified in writing a minimum of two weeks prior to commencement of the remediation scheme works of the date that the remediation works will commence.  Following completion of the measures identified in such approved Remediation Scheme, a verification report to demonstrate the effectiveness of the remediation carried out shall be submitted to the Local Planning Authority.

 

4. Reporting of Unexpected Contamination - In the event that contamination is found which was not previously identified, it shall be reported in writing immediately to the Local Planning Authority.  An investigation and risk assessment shall then be undertaken in accordance with the requirements of paragraph 1 above and, where remediation is necessary, a new Remediation Scheme shall be prepared in accordance with the requirements of paragraph 2 above and submitted to and approved in writing by the Local Planning Authority.  Following completion of all necessary measures identified in such Remediation Scheme as may be approved, a verification report shall be submitted to and approved in writing by the Local Planning Authority in accordance with paragraph 3 above.  In such circumstances, no further works of development shall be carried out to that part of the site until such time as the requirements of this paragraph have been satisfied.

 

Reason - To ensure that any risks (to future users of the land and neighbouring land and to controlled waters, property and ecological systems) arising from any land contamination are minimised and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

4. Prior to the commencement of development the tree protection measures outlined in the submitted AIA must be in place.  All other requirements of the Arboricultural Impact Assessment (AIA) and Preliminary Arboricultural Method Statement (AMS) must be complied with fully, prior to, during and after construction of the development herby approved.

 

Reason - To ensure that the roots of the preserved tree are not harmed by the development.

 

5. The submitted Construction Method Statement dated Jan 2022 shall be adhered to throughout the construction period for the development.

 

Reason - In the interests of residential amenity and highway safety and to reduce the likelihood of complaints of statutory nuisance.

 

6. All changes in ground levels, hard landscaping, planting, seeding or turfing shown on the approved landscaping details shall be carried out during the first planting and seeding season (October - March inclusive) following the commencement of the development or in such other phased arrangement as may be agreed in writing by the Local Planning Authority. Any trees or shrubs which, within a period of 5 years of being planted die, are removed or seriously damaged or seriously diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority agrees in writing to a variation of the previously approved details.

 

Reason - To ensure the adequate retention and maintenance of the approved landscaping scheme for a period of five years in the interests of visual amenity, the quality of the development and the character of the area.

 

7. Prior to first occupation of the development hereby approved, all mitigation and enhancement measures and/or works must be carried out in accordance with the details contained in the

Preliminary Ecological Appraisal (Hybrid Ecology dated December 2021) submitted with the application.

 

Reason: To conserve and enhance the biodiversity of the site

 

8. Prior to the commencement of above ground works precise details of the manufacturer and types and colours of the external facing and roofing materials to be used in construction must 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.

 

Reason - To ensure the development is carried out in accordance with the consent sought, has an acceptable design, having regard to Policy SPL3 of the Tendring District Local Plan 2013-33 and Beyond.

 

9. Prior to above ground works, a scheme for the provision of electric vehicle charging facilities for each dwelling 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 respective plot.

 

Reason: In order to promote sustainable transport.

 

10. Notwithstanding the provisions of Schedule 2 Part 1 Classes A, B, C, D and E of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended)

(or any Order revoking and re-enacting that Order with or without modification), no extensions, additions, porches or alterations to the dwellings or their roofs shall be carried out and no outbuildings, enclosures, swimming or other pools shall be erected except in complete accordance with details which shall previously have been approved, in writing, by the Local Planning Authority following the submission of a planning application for such development.

 

Reason - To ensure that sufficient private amenity space for the dwelling is retained in the interests of residential amenities.

 

11. All new driveways and parking areas shall be made of porous materials, or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the dwelling.

 

Reason - In the interests of sustainable development and to ensure that run-off water is avoided to minimise the risk of surface water flooding.

 

12. There should be no obstruction above ground level within a 2.3 m wide parallel band visibility splay as measured from and along the nearside edge of the carriageway either side of the existing vehicle access from Turpins Lane as shown on Site Plan 937/01 Rev C.  Such vehicular visibility splays shall be provided before the road junction/access is first used by any vehicular traffic associated with the development hereby approved, including construction traffic, and retained free of any obstruction at all times.

 

Reason: To provide adequate inter-visibility between users of the access and the public highway in the interests of highway safety

 

13. Prior to occupation of the development the vehicular turning facility, as shown on Approved Plan: 951/01A 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 in accordance

 

14. No unbound material shall be used in the surface treatment of the vehicular access

 

Reason: To avoid displacement of loose material onto the highway in the interests of highway safety in accordance

 

15. Prior to the occupation of any of the proposed dwellings hereby approved, the proposed private drive shall be constructed to a minimum width of 5.0 metres for at least the first 6 metres back the Highway Boundary with Turpins Lane, as shown on plan and agreed with the Highway Authority.

 

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

 

16. 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

 

17. The proposed development shall not be occupied until such time as the vehicle parking area indicated on the approved plans, has been hard surfaced, and sealed.  The vehicle parking area and garages shall be retained in this form at all times and not used for any purpose other than the parking of vehicles that are related to the use of the development.

 

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

 

18. All single garages should have a minimum internal measurement of 7m x 3m

 

Reason: To encourage the use of garages for their intended purpose and to discourage on- street parking, in the interests of highway safety

 

19. The ground floor windows and door on the flank elevations of the dwellings hereby approved, must be obscure glazed to a minimum of Level 4 on the Pilkington scale of privacy or equivalent, and non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.

 

Reason: To protect the residential amenities of the neighbouring occupiers.