Agenda item

This application is before Members at the request of Councillor Land, for concerns regarding the development’s impact on urban design/street scene, highways impact and/or other traffic issues and positive/negative Impact on neighbours.

 

The application seeks full planning permission for the erection of a single storey dwelling, with an attached car-port to the right hand side. The dwelling’s footprint would be a reversed L[1]shape with a rear-gable projection and a feature oversail porch roof to the front elevation. Both the main roof and that of the car-port would be gabled-ended. The eaves of the dwelling would be in the region of 2.7m and it would have a ridge of approximately 5.5m. Areas of hardstanding are proposed to the perimeter of the dwelling, along with a grassed back garden with bin-storage to the rear right hand boundary.

Councillor White returned to the meeting and re-occupied the Chair. Councillor Harris, had earlier in the meeting, declared a personal interest in this application due to his being a regular customer of the restaurant.  Councillor Harris withdrew from the meeting at this point in the proceedings whilst the Committee considered this application and reached its decision.

 

It was reported that this application was before Members at the request of Councillor Land, the Ward Member as he had concerns regarding the development’s potential impact on the urban design/street scene, highways impact and/or other traffic issues and impact on neighbours.

 

The Committee was made aware that the application sought full planning permission for the erection of a single storey dwelling, with an attached car-port to the right hand side. The dwelling’s footprint would be a reversed L-shape with a rear-gable projection and a featured over-sail porch roof to the front elevation. Both the main roof and that of the car-port would be gabled-ended. The eaves of the dwelling would be in the region of 2.7m and it would have a ridge of approximately 5.5m. Areas of hardstanding were proposed to the perimeter of the dwelling, along with a grassed back garden with bin-storage to the rear right hand boundary.

 

Members were made aware that the restaurant had a limited number of seats (covers) and was in a highly sustainable location in the village centre being close to a number of bars. It was accessible on foot and by public transport.

 

Members were reminded that the application had been listed on a previous agenda (30th March 2022 meeting) but that it had been was withdrawn in order to allow time for the agent to provide both an amended site layout and a swept path analysis (SPA). The amended site layout showed the separation distance between the customer-parking and the dwelling had increased from 6.2m to 7.3m; the increase permitted greater manoeuvrability for vehicles entering/exiting the parking spaces. The manoeuvrability of vehicles was exhibited on the SPA.

 

The Committee was reminded that Thorpe-Le-Soken High Street had the character of a typical village high street with a number of eating establishments, boutique shops and a small supermarket. In terms of the surroundings, the scale of development which had a direct relationship with the street scene comprised a variety of two and 1.5 storey buildings with the odd-example of very low-key 1.5 and single storey buildings. The character of the locale was evidentially of a historic core which  was demonstrated by the number of listed buildings and the conservation area designation.

 

It was noted that the area behind the Chinese Cottage restaurant neither enhanced nor contributed to the character of the conservation area, comprising a fairly large informal (untidy) un-marked out area for vehicles using the restaurant.

 

It was considered by Officers that the low-key scale of the proposal would preserve the character of the conservation area. Sufficient space had been retained around the dwelling and to neighbouring properties to not appear cramped or result in any material harm to residential amenities. The proposed dwelling provided ample parking and retained at least seven (marked-out) spaces for the restaurant.

 

In the absence of any material harm resulting from the development in regards to its individual appearance, its impact on the wider street scene, its impact on the character of the Conservation Area, its impact on neighbours in regards to amenity and the parking provision for both the new dwelling and existing restaurant, the application was recommended by Officers for approval.

 

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.

 

An update sheet had been circulated to the Committee prior to the meeting with details of a correction to Paragraph 6.16 as follows:-

 

“6.16    Whilst it is acknowledged the dwelling would be sited further to the rear of the existing pattern of development along this section of High Street, the approval of application 18/01388/FUL which is immediately adjacent the application site, holds significant weight as a material consideration. The proposed dwelling is single storey only and will have a maximum height of 5.5m (ground level to ridge) and a height of 2.7m from ground level to eaves. There are further notable examples of development similarly set back to the north-west, whilst the overall character of the immediate surrounding area is not particularly well defined.”

 

Ian Coward, 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 Members of the Committee:-	Officer’s response thereto:-
A member of the Committee raised the Magnolia-Lily Inter-flora tree positioned on site, would the tree be removed?	The Planning Officer referred to 6.92 of the report whereby, this tree and 2 others were proposed to be removed.
Are any of the listed buildings Grade II*?	The Planning Officer confirmed that the Baptist Church was listed as Grade II and Bell Inn was listed as Grade II*.
Concerns were raised relating to the car parking spaces proposed alongside the dwelling. How many spaces would be allocated for the restaurant?	The Planning Officer confirmed that 7 spaces would be allocated for the restaurant. It was accepted by Planning Officers that some customers would be local.
Concerns were raised relating to wildlife, specifically bats.	The Planning Officer advised that the use of the new dwelling had been reviewed.
Overall, was there sufficient parking since a large reduction in car parking spaces had been proposed?	The Planning Officer confirmed that parking was adequate for the proposal according to policies.

 

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 Baker, seconded by Councillor Alexander, and RESOLVED that the Committee continue its deliberations.

 

Following discussion by the Committee, it was moved by Councillor Fowler, 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 matters (where relevant):

· Financial Contribution towards RAMS

· Financial Contribution towards Open Space

 

b)  the planning conditions (and reasons) listed below. 

 

c) That the  Assistant Director (Planning) be authorised to refuse planning permission in the event that  the 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 would  not have been secured through a  Section 106 planning obligation.

 

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: 112, 210, 211, OS 2015-20.2 REV A, OS 2015-20.3 and the recommendations contained within the Arboricultural Impact Assessment, OS 2015-20- Doc1 Rvs A; received 26th November 2021 and OCA-114_002_REV A, OCA-114_110- REV A, OCA-114_REV A and SK01; received 12th April 2022.

 

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

 

3 As indicated on drawing no. 002 Rev. A, the existing parking spaces to the rear of the Chinese Cottage Restaurant shall as per the Essex Parking Standards (Parking Standards: Design and Good Practice, Sept 2009) have a minimum 6.1 metres provided behind each parking space to allow for manoeuvring.

 

Reason: To ensure that vehicles can enter and leave in forward gear in the interest of highway safety.

 

4 Each vehicular parking space shall have minimum dimensions of 2.5 metres x 5.0 metres.

 

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

 

5 The Cycle parking shall be provided in accordance with the EPOA Parking Standards. The approved facility 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.

 

6 Prior to occupation of the proposed dwelling, the Developer shall be responsible for the provision and implementation of a Residential Travel Information Pack for sustainable transport, approved by Essex County Council, to include six one day travel vouchers for use with the relevant local public transport operator free of charge.

 

Reason - In the interests of reducing the need to travel by car and promoting sustainable development and transport.

 

7 No development shall take place, including any ground works or demolition, until a Construction Management Plan has been submitted to, and approved in writing by, the local planning authority. The approved plan shall be adhered to throughout the construction period. The Plan shall provide for: i. the parking of vehicles of site operatives and visitors ii. loading and unloading of plant and materials iii. storage of plant and materials used in constructing the development iv. wheel and underbody washing facilities.

 

Reason - To ensure that on-street parking of these vehicles in the adjoining streets does not occur and to ensure that loose materials and spoil are not brought out onto the highway in the interests of highway safety.

 

8 Sample panels of the exterior brickwork demonstrating the colour, texture, face bond and pointing are to be erected on site and approved in writing by the Local Planning Authority before the relevant parts of the work are commenced. The development shall be completed in accordance with the approved details before the building is occupied.

 

Reason - The development is publicly visible and therefore sympathetic materials are a visually essential requirement.

 

9 Before the installation of all external windows/doors, details which confirm that the frames will be timber (indicating the colour and finish), shall be submitted to and approved in writing by the local planning authority. The development shall be carried out and retained for the lifetime of the development in accordance with the approved details.

 

Reason - The development is publicly visible and therefore sympathetic materials are a visually essential requirement.

 

10 No development or preliminary ground-works can commence until a programme of archaeological trial trenching has been secured and undertaken in accordance with a Written Scheme of Investigation, which has been submitted by the applicant, and approved by the planning authority. Following the completion of this initial phase of archaeological work, a summary report will be prepared and a mitigation strategy detailing the approach to further archaeological excavation and/or preservation in situ through re-design of the development, shall be submitted to the local planning authority.

 

Reason - The Tendring Historic Environment Characterisation project and Essex HER show that the proposed development is located within an area with potential for below ground archaeological deposits. The development could result in harm to non-designated heritage assets with archaeological interest.

 

11 No development or preliminary ground-works can commence until a programme of archaeological evaluation has been secured and undertaken in accordance with a Written Scheme of Investigation, which has been submitted by the applicant, and approved by the planning authority.

 

Reason - The Tendring Historic Environment Characterisation project and Essex HER show that the proposed development is located within an area with potential for below ground archaeological deposits. The development could result in harm to non-designated heritage assets with archaeological interest.

 

12 Following completion of the archaeological fieldwork, the applicant will submit to the local planning authority a post-excavation assessment (within six months of the completion date, unless otherwise agreed in advance with the planning authority), which will result in Page 146 the completion of post-excavation analysis, preparation of a full site archive and report ready for deposition at the local museum, and submission of a publication report.

 

Reason - The Tendring Historic Environment Characterisation project and Essex HER show that the proposed development is located within an area with potential for below ground archaeological deposits. The development could result in harm to non-designated heritage assets with archaeological interest.

 

13 No development shall be commenced until a Renewable Energy Generation Plan (REGP) has first been submitted to and approved in writing by the local planning authority. The REGP shall provide for electric vehicle charging points for the dwelling hereby approved (Type 2, 32 Amp), and set out the measures that will be incorporated into the design, layout and construction, aimed at maximising energy efficiency and the use of renewable energy. Thereafter, the development shall comply with the REGP and any approved measures shall be implemented prior to first occupation.

 

Reason - In order to ensure that the development contributes towards reducing carbon emissions in addressing climate change, in accordance with Policy PPL10 and SPL3.