Agenda item

The application is put before 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) being located outside of any settlement development boundary, and is recommended for approval.

Earlier on in the meeting as reported under Minute 72 above, Councillor Wiggins had stated for the public record that she was a Ward Member for Planning Application 22/00688/FUL (report item A.3). She had confirmed, however, that she was not pre-determined on this application and that therefore she would take part in the Committee’s deliberations on this matter.

Members were made aware that this application had been brought before 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 settlement development boundary.

It was reported that the proposed dwelling was broadly similar in height, overall scale and footprint compared to the development approved under application 21/02133/COUNOT.

In the absence of any material harm resulting from the development in regards to its individual appearance, its impact on the wider streetscene, its impact on the character of the rural landscape, its impact on neighbours in regards to amenity and the parking provision, 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 Officer (Amy Lang) in respect of the application.

Peter Le Grys, the applicant’s agent, spoke in favour of the application.

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

Following discussion by the Committee:-

It was moved by Councillor Harris, seconded by Councillor Fowler 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: GDTP-02 A (received 11 May 2022).

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

3     Each vehicular parking space shall have minimum dimensions of 2.9 metres x 5.5 metres.

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

4     Prior to occupation of the hereby approved development, the Developer shall be responsible for the provision and implementation of a Residential Travel Information Pack per dwelling, for sustainable transport.

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

5     In the event that contamination is found which was not previously identified, all works shall cease on site and it shall be reported in writing immediately to the Local Planning Authority. No further works of development shall be carried out until an investigation and risk assessment shall have been undertaken and, where remediation is necessary, a new Remediation Scheme shall be prepared 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 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 condition 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.

6     No building and/or engineering operations authorised by this permission shall be commenced until the agricultural buildings (subject of 21/02133/COUNOT and shown as being demolished on drawing GDTP-02 A received 11 May 2022) on the site have been 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 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.

7     Prior to the occupation of the dwelling hereby approved, the remainder of all buildings shown hatched on unnumbered plan, received 19th July 2022 shall be 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.

8     Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order amending, revoking and re-enacting that Order) no enlargement of the dwelling-house or provision of any building within the curtilage of the dwelling-house / alteration of the dwelling-house, as permitted by Class A or Class E of Part 1 of Schedule 2 of that Order shall be carried out without first obtaining planning permission from the local planning authority.

Reason - To ensure the development does not prejudice the appearance of the locality

and to protect the appearance of the rural area. The dwelling given permission is due to the material consideration of a Prior Approval Class Q being available that would otherwise be unsustainable and not supported development if larger than that prior approval provision being available.

9.    The access hereby approved shall have a bound material surface and shall be laid out for a minimum distance of 5 metres from the edge of the carriageway prior to first use.  The bound material as implemented shall then be retained thereafter.

Reason - In the interests of highway safety to prevent hazards caused by loose materials on the highway.