Agenda item

Erection of one bungalow (in lieu of deemed Prior Approval for a dwelling, subject of application 21/02086/COUNOT). Revised siting to that approved under application 22/00464/FUL.

Earlier on in the meeting, Councillor Harris had stated for the public record that he was the Ward Member for this application. He had confirmed, however, that he was not pre-determined on this application and therefore he took part in the Committee’s deliberations on this matter.

 

Members were informed that this application had been 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.

 

The proposed dwelling was not considered by Officers to be so materially different in regards to siting, height, footprint and appearance to the development approved under prior approval 21/02086/COUNOT and the new dwelling approved in lieu of this prior approval under application 22/00464/FUL. The proposed dwelling, which was the subject of this application was re-located to the east of the existing agricultural building and would utilise an existing secondary access to the site from Gutteridge Hall Lane.

 

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, Officers had recommended that the application be approved. Furthermore, the proposal would not result in any detrimental impact on neighbour amenity and there were no concerns raised with 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 Manager (John Pateman-Gee) in respect of the application. An update sheet had been circulated to the Committee prior to the meeting that had confirmed that Weeley Parish Council had decided not to object to, or comment on, this application.

 

Peter Le Grys, 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
Clarify that all of the barn building would be demolished?	Yes, all the barn building would be demolished.
Could we have a condition requiring the installation of solar panels on the roof?	That could be done via a condition requiring a renewable energy management plan. However, that condition had not been imposed upon the previous planning permission for this site and therefore it could be robustly challenged at a planning appeal if now imposed on this application.
Could we impose a condition requiring that construction vehicles did not cause disruption for the road users of Gutteridge Hall Lane?	Proposed condition number 7 dealt with this by way of a requirement for Construction Method Statement.
Is there anything in the NPPF that requires new development to have solar panels installed?	Not at present.
Confirm that if the applicant went ahead with this application then the prior approval could not be also implemented. Also confirm that the static caravan would be removed?	That is correct. The barn would be wholly demolished and the static caravan would be removed from the site following the completion of the development.

 

Following discussion by the Committee:-

 

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

 

RESOLVED that the Planning Manager be authorised to grant planning permission, subject to 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 Planning Manager.

 

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 - Rec’d 26/09/2022;

GGHL-02 - Rev B Proposed block, elevations and floor plans;

TPS Arboricultural Impact Assessment, Preliminary Method Statements and Appendices for Land at Reedlands, dated 1st February 2021 Ref: TPSarb3530121;

Construction Method Statement - Rec’d 19/07/022; and

Planning Statement – Rec’d 19/07/2022

 

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

 

3.      The development hereby approved is not permitted to be constructed alongside the construction of the development approved under planning permission 22/00464/FUL.

 

Reason – The application submitted is granted permission only by virtue of the fallback position with regard to Prior Approval granted under application 21/02086/COUNOT and as an amended siting of the new dwelling approved under 22/00464/FUL, which is clearly stated in the submitted planning statement.

 

4.      No building or engineering operations authorised by this permission shall be commenced until the existing agricultural building (subject of 21/02086/COUNOT) and shown as being demolished on drawing GGHL-02) on the site have been 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 buildings 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.

 

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

 

Reason - To ensure that the roots of the protected trees are not harmed by the development.

 

6.      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: re-used in areas where test results indicate that it meets compliance targets so it can be re-used without treatment; or  treatment of material on site to meet compliance targets so it can be re-used; or 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

 

7.      The submitted Construction Method Statement submitted with the application 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.

8.      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.

 

9.      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.

 

10.   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.

 

11.   Prior to occupation of the dwelling a 1.5 metre x 1.5 metre pedestrian visibility splay, as measured from and along the highway boundary, shall be provided on both sides of the vehicular access. Such visibility splays shall be retained free of any obstruction in perpetuity. These visibility splays must not form part of the vehicular surface of the access.

 

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

 

12.   Any gates provided at the vehicular access shall be inward opening only and shall be set back a maximum of 0.5 metres from the back edge of the footway/cycleway or where no provision is present, the carriageway.

 

Reason: In the interest of highway safety

 

13.   Any new boundary planting shall be planted a minimum of 1 metre back from the highway boundary and any visibility splay.

 

Reason: To ensure that the future outward growth of the planting does not encroach upon the highway or interfere with the passage of users of the highway, to preserve the integrity of the highway and in the interests of highway safety.

 

14.   Prior to the first occupation of the dwelling hereby approved, the vehicle parking area shown on the approved plans, must be hard surfaced, sealed and if required marked out in parking bays. The vehicle parking area and associated turning area shall be retained in this form at all times. The vehicle parking shall not be 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.

 

15.   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 respective plot.

 

Reason: In order to promote sustainable transport.

 

16.   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 minimise and retain control over the amount of development in this rural location as planning permission been granted in lieu of a prior approval for a conversion to a new dwelling and such conversions do not have permitted development rights.