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.

 

Members were informed 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) it being located outside of any defined settlement development boundary.

 

It was reported that this application sought full planning permission for the change of use of the former forge building to a one bedroom dwelling with parking and private amenity space. Officers were content that, subject to the imposition of reasonable planning conditions and the completed unilateral undertaking, that the change of use on the site was acceptable. The proposal was considered to be in keeping with the site’s rural location on the edge of Wrabness; provided ecological mitigation measures and enhancements; would not result in any material harm to designated landscapes or have any detrimental impact on neighbour amenity; and there were no concerns raised in regards to parking and highway matters. Furthermore, Officers felt that the new dwelling would contribute to the generation of renewable energy for sustainable living through solar panels and an air source heat pump.

 

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 Officer (Alison Pope) in respect of the application.

 

Bill Marshall, a member of the public, spoke on the application.

 

Outline of matters raised by the Committee	Outline of the Officer response thereto
Is this application a departure from the Local Plan?	Yes, it is outside the Settlement Development Boundary but the Council can also take into account the NPPF for guidance e.g. its encouragement for the re-use of redundant rural buildings if such re-use would enhance the local setting.
Referencing the flooding in the road – is this site in the flood plain?	The site is not within Flood Zones 2 or 3 so there was no requirement for a Flood Risk Assessment to be submitted with the application.
Do neighbouring properties have any planning permissions?	Yes.
Will this dwelling be attached to the main sewerage system?	Yes.
Referencing the Members’ Referral Scheme – if a Ward Member was in favour of the application could they “call it in” if the Planning Officers were not in favour?	Yes, a Member can “call-in” an application regardless of the Planning Officer’s recommendation. Though if the Member and the Officer coincided in their opinion then the member would be asked whether they still wished to proceed with the “call-in”.
Can we have an assurance that if this application is approved then there will not be any further applications for development on this site?	That assurance cannot be given. Though if any further applications came forward for this site then they would be considered on their planning merits.
Are they any proposed conditions to protect the Oak Tree on this site from harm whilst the parking spaces are constructed?	This is covered by proposed planning condition number 17.

 

Following discussion by the Committee:-

 

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

 

RESOLVED that the Planning Manager be authorised to grant planning permission, subject to the prior completion of a Unilateral Undertaking for a financial contribution towards RAMS, and 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 drawings / documents, and / or such other drawings / documents as may be approved by the Local Planning Authority in writing pursuant to other conditions of this permission or such drawings / documents as may be subsequently approved in writing by the Local Planning Authority as a non-material amendment following an application in that regard:

 

- Site Plan 1:2500

- Design and Access Statement

- Drawing No. 74-2019-13PA

- Drawing No. 74-2019-11PB

 

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

 

3     No vehicle/s connected with the construction works to arrive on site before 07:30 or leave after 19:00. Working hours for construction are restricted to between 08:00 and 18:00 Mondays to Saturdays (finishing at 13:00 on Saturdays) with no construction working of any kind permitted on Sundays or any Public/Bank Holiday.

 

Reason - To protect the amenity of nearby residential properties.

 

4     No materials produced as a result of the site development or clearance shall be burned on site during construction.

 

Reason - To protect the amenity of nearby residential properties.

 

5     There should be no obstruction higher than 600mm above ground level within a 2.4 m wide parallel band visibility splay as measured from and along the nearside edge of the carriageway across the entire site frontage. Such vehicular visibility splays shall be provided before first occupation of the property and retained free of obstruction above 600mm at all times.

 

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

 

6     No unbound material shall be used in the surface treatment of the vehicular access within 6 metres of the highway boundary.

 

Reason - To ensure that loose materials are not brought out onto the highway, in the interests of highway safety.

 

7     Prior to occupation of the hereby approved use the vehicular access shall be suitably and permanently altered as shown on Drawing No. 74-2019-13PA, incorporating the re-instatement to full height of the highway verge/footway/kerbing to the specifications of the Highway Authority.

 

Reason - To ensure the satisfactory alteration of the vehicular access, in the interests of highway safety.

 

8     The development shall not be occupied until such time as the car parking and turning area, indicated on the approved plans, has been hard surfaced. The car parking area shall be retained in this form at all times and shall not be used for any purpose other than the parking of vehicles related to the use of the development thereafter.

 

Reason - To ensure that on-street parking of vehicles in the adjoining streets does not occur, in the interests of highway safety.

 

9     Prior to the occupation of the proposed dwelling, the existing private drive shall be constructed to a maximum width of 5.5 metres for at least the first 4.3 metres from the back of Carriageway / Footway / Highway Boundary.

 

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.

 

10   No development shall take place, including any ground works or works of demolition, until a Construction Method Statement (CMS) has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement 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 under body washing facilities

 

Reason - To minimise detriment to nearby residential and general amenity by controlling the construction process to achieve the approved development. This condition is required to be agreed prior to the commencement of any development as any construction process, including site preparation, by reason of the location and scale of development may result adverse harm on amenity.

 

11   The proposed 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.

 

12 Prior to occupation of the proposed development, the Developer shall be responsible for the provision and implementation of a Residential Travel Information Pack per dwelling, for sustainable transport, to have been previously approved in writing by the local planning authority (to include six one day travel vouchers for use with the relevant local public transport operator).

 

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

 

13   All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Assessment (Liz Lord Ecology, July 2022) as already submitted with the planning application and agreed in principle with the local planning authority prior to determination. This may include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW) to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details.

 

Reason - To conserve and enhance protected and Priority species and allow the local planning authority to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species).

 

14   Prior to commencement of the development hereby approved a construction environmental management plan (CEMP: Biodiversity) shall be submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following:-

 

a)    Risk assessment of potentially damaging construction activities.

b)    Identification of "biodiversity protection zones".

c)    Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).

d)    The location and timing of sensitive works to avoid harm to biodiversity features.

e)    The times during construction when specialist ecologists need to be present on site to oversee works.

f)     Responsible persons and lines of communication.

g)    The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

h)    Use of protective fences, exclusion barriers and warning signs.

i)     Containment, control and removal of any Invasive non-native species present on site.

 

Reason - To avoid, minimise or mitigate any construction effects on the environment.

 

15 Prior to occupation of the development hereby approved a Biodiversity Enhancement Strategy for protected and Priority species shall be submitted to and approved in writing by the local planning authority. The content of the Biodiversity Enhancement Strategy shall include the following:-

 

a)    Purpose and conservation objectives for the proposed enhancement measures;

b)    detailed designs to achieve stated objectives;

c)    locations of proposed enhancement measures by appropriate maps and plans;

d)    persons responsible for implementing the enhancement measures;

e)    details of initial aftercare and long-term maintenance (where relevant).

 

The works shall be implemented in accordance with the approved details prior to occupation and shall be retained in that manner thereafter.

 

Reason - To enhance protected and Priority species & habitats and allow the LPA to discharge its duties under the s40 of the NERC Act 2006 (Priority habitats & species).

 

16   Prior to occupation of the development hereby approved a lighting design scheme for biodiversity shall be submitted to and approved in writing by the local planning authority. The scheme shall identify those features on site that are particularly sensitive for bats and that are likely to cause disturbance along important routes used for foraging; and show how and where external lighting will be installed (through the provision of appropriate lighting contour plans, drawings and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory. All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

 

Reason - To allow the local planning authority to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species).

 

17   Notwithstanding any details submitted in the submitted application, prior to the commencement of development hereby approved, details shall be submitted of a scheme to protect the existing established and early mature Oak Tree located on the southern boundary of the site. The details shall include a scaled plan of the Root Protection Area and shall clearly illustrate the location and width of the proposed driveway, turning area and parking space together with a method of no dig construction and appropriate protective fencing. Upon receipt of acceptable details the Local Planning Authority shall provide written confirmation and the development may progress in accordance with the approved details.

 

Reason - To ensure that a maximum level of protection in order to safeguard the well-being of the Oak Tree at the southern corner of the application site.

 

18   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.

 

19   Prior to the commencement of above ground works, a scheme of landscaping, which shall include details of both hard and soft landscape works and earthworks, has been submitted to, and approved in writing by, the Local Planning Authority. The scheme as approved shall be carried out in the first planting season following the completion of the development. Any trees, shrubs or plants that die within a period of five years from the completion of each development phase, or are removed and/or become seriously damaged or diseased in that period, shall be replaced (and if necessary continue to be replaced) in the first available planting season with others of similar size and species, unless the Local Planning Authority gives prior written permission for any variation.

 

Reason - To ensure satisfactory landscape treatment of the site which will enhance the character and appearance of the site and the area.

 

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