Agenda item

The application is referred to Planning Committee as the proposed development would conflict with the requirements of the Development Plan, principally Policy SPL2 (Settlement Development Boundaries) of the Tendring District Local Plan 2013-2033 and Beyond Section 2 (adopted January 2022) being located outside of any defined settlement development boundary, and has a recommendation of approval.

It was reported that this application had been referred to the Planning Committee as the proposed development would conflict with the requirements of the Development Plan, principally Policy SPL2 (Settlement Development Boundaries) of the Tendring District Local Plan 2013-2033 and Beyond Section 2 (adopted January 2022) as the site was located outside of any defined settlement development boundary, and it had an Officer recommendation of approval.

 

The Committee was informed that the proposed dwelling was not considered to be so materially different in regards to siting, height, footprint to the development approved under prior approval 22/00517/COUNOT and was similar in size, scale and appearance to the new dwellings approved within the wider site.

 

In the absence of any material harm resulting from the development in regards to its individual appearance, impact on the wider street scene and the character and appearance of the rural landscape, the application had been recommended by Officers for approval.  Furthermore, the proposal would not result in any detrimental impact on neighbour amenity and there no concerns had been raised in regard to parking and highway matters.

 

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 (Jacob Jaarsma) in respect of the application. He informed Members that the required Unilateral Undertaking agreement had now been completed.

 

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

 

Outline of matters raised by members of the Committee	Outline of Officer response thereto
Why had a proposed planning condition that sought the removal of permitted development rights been included?	This was an Officer recommendation that aimed at preventing the uncontrolled outward extension/augmentation of this fifth dwelling. The Officer accepted that the Applicant’s Agent had made good points as to its necessity and particularly its reasonableness given the fact that this condition had not been applied to the other four properties. Members could remove the condition if they so desired.
Had Officers considered solar panels for this dwelling?	A renewable energy development plan could be considered.
Are the other four dwellings outside the settlement development boundary? If so, would not it be the case that any extensions into the garden would require planning permission?	The whole of the wider site was significantly outside of the SDB but in any case permitted development rights would allow for extensions.

 

Following discussion by the Committee:-

 

It was moved by Councillor Harris, seconded by Councillor Alexander and:-

 

RESOLVED that the Assistant Director (Planning) (or otherwise delegated Officer after 26 October 2022) be authorised to grant planning permission, subject to a financial contribution towards RAMS, the conditions as set out below, or as need to be varied (to account for any errors or legal issues et cetera) or otherwise added or removed as may be deemed necessary by the Assistant Director (Planning) (or otherwise delegated Officer after 26 October 2022).

 

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 plan(s):

 

       Site Plan submitted 17/06/2022

WHL-302 Rev A - Proposed block, elevations and floor plans – dated 06/2022

       Construction Method Statement submitted 17/06/2022

 

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

      

3.    Prior to the first occupation of the dwellinghouse, hereby approved, the existing agricultural building (subject of 22/00517/COUNOT) and shown as being demolished on drawing WHL-302 Rev A) on the site must be completely demolished and all materials resulting therefrom shall be cleared from the site.

 

Reason - The development hereby permitted has only been supported on the basis that the existing agricultural building be removed from the site to justify their replacement with a single dwelling which ordinarily would be contrary to the development plan which directs new development to sites within settlement development boundaries.

 

4.    Prior to and during construction, if any unexpected ground conditions are encountered during the following processes must be followed:

 

a.  All site works at the position of the suspected contamination will stop and the Local Planning Authority and Environmental Health Department will be notified as a matter of urgency.

b.  A suitably trained geo-environmental engineer should assess the visual and olfactory observations of the ground and the extent of contamination and the Client and the Local Authority should be informed of the discovery.

c.  The suspected contaminated material will be investigated and tested appropriately in accordance with assessed risks.  The investigation works will be carried out in the presence of a suitably qualified geo-environmental engineer.  The investigation works will involve the collection of solid samples for testing and, using visual and olfactory observations of the ground, delineate the area over which contaminated materials are present.

d.  The unexpected contaminated material will either be left in situ or be stockpiled (except if suspected to be asbestos) whilst testing is carried out and suitable assessments completed to determine whether the material can be re-used on site or requires disposal as appropriate.

e.  The testing suite will be determined by the independent geo-environmental specialist based on visual and olfactory observations.

f.   Test results will be compared against current assessment criteria suitable for the future use of the area of the site affected.

g.  Where the material is left in situ awaiting results, it will either be reburied or covered with plastic sheeting.

h.  Where the potentially contaminated material is to be temporarily stockpiled, it will be placed either on a prepared surface of clay, or on 2000-gauge Visqueen sheeting (or other impermeable surface) and covered to prevent dust and odour emissions.

i.   Any areas where unexpected visual or olfactory ground contamination is identified will be surveyed and testing results incorporated into a Verification Report.

j.   A photographic record will be made of relevant observations.

k.  The results of the investigation and testing of any suspect unexpected contamination will be used to determine the relevant actions.  After consultation with the Local Authority, materials should either be: o re-used in areas where test results indicate that it meets compliance targets so it can be re-used without treatment; or o treatment of material on site to meet compliance targets so it can be re-used; or o removal from site to a suitably licensed landfill or permitted treatment facility.

l.   A Verification Report will be produced for the work.

 

Reason - to protect the health of site workers and end users

 

5.    The Construction Method Statement submitted 17/06/2022 shall be strictly 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.    Prior to the commencement of any above ground works, details of the drainage works for wastewater and foul drainage must be submitted to and approved in writing by the Local Planning Authority.  These works shall subsequently be carried out in accordance with the approved details.

      

Reason - To ensure satisfactory drainage/surface water disposal/sewerage disposal is provided.

 

7.    Prior to the commencement of any above ground works, a full scheme of hard and soft landscaping works including a detailed plan, showing species to be used, planting positions, numbers of trees and shrubs and the sizes of the plants at time of planting and include wildlife friendly, native planting and locations for habitat boxes for roosting bats and nesting birds shall be submitted to and approved, in writing, by the Local Planning Authority.

 

Reason - In the interests of visual amenity, the quality of the development and the character of the area.

 

8.    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.

 

9.    Prior to first occupation of the dwelling hereby approved, the entirety of the hedgerow, fronting Harts Lane to the east of the approved access shall be removed. Thereafter, there shall be no obstruction to visibility east of the access, greater than 600mm above the adjoining road level, in advance of a line drawn 2.4 metres back from the carriageway edge on the centre line of the access and extending across the frontage of the site.

 

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

 

10.  No gates be provided at the vehicular access with Harts Lane. The access shall remain open and free for use at all times. 

 

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

 

11.  Prior to above ground works, a scheme for the provision of electric vehicle charging facilities for the 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 dwelling.

 

       Reason: In order to promote sustainable transport.

 

12.  The Silver Birch Tree in the northeast corner of the site will be retained in situ.

 

       Reason: In the interests of local amenity.