Agenda item

Replacement dwelling following approval (under planning permission 21/01957/FUL) for conversion of office/garage building into a dwelling.

The Committee was made aware that this application was referred to it 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.

It was reported that the proposed dwelling was not considered by Officers to be so materially different in regards to siting and footprint compared to the existing building on site which benefitted from planning approval for a conversion (from office/garage) into a dwelling (under TDC planning ref 21/01957/FUL). Moreover, in respect of proposed design and external appearance, the proposal was considered by Officers to be acceptable and would meet the design expectations of relevant local and national policies. The maximum ridge height of the proposal marginally exceeded the ridge height of the existing building by 50cm (currently the ridge height  was 4.7m and the proposal would increase the height to 5.2m). The proposed dwelling would continue to utilise an existing private access off Crow Lane with good visibility splays in both directions.

In the absence of any material harm resulting from the development in regards to its individual appearance, impact on the wider streetscene and the character and appearance of the rural landscape, the application was recommended by Officers for approval. Furthermore, the proposal would not have resulted in any detrimental impact on neighbour amenity and there were no concerns raised in regard to parking and highway safety 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 (JJ) in respect of the application.

Peter Le Grys, the agent acting on behalf of the applicant, spoke in support of the application. Mr Le Grys queried the need for Condition 5 proposed in paragraph 7.2 of the Officer Report requiring a scheme for sustainable energy measures to be approved by the Council as this was not required on the previous grant of planning permission for the site. The Planning Officer responded and agreed with the removal of Condition 5.

Parish Chairman Ted Edwards, representing Tendring Parish Council, spoke against the application.

Following discussion by the Committee, it was moved by Councillor Alexander, seconded by Councillor V Guglielmi and unanimously:-

RESOLVED that the Planning Manager (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to the  conditions and reasons as stated in paragraph 7.2 of the Officer Report amended with the replacement of Condition 5 to instead secure electric vehicle charging points as set out below, or varied as necessary to ensure the wording is enforceable, precise and reasonable in all other respects, including appropriate updates, so long as the principle of the conditions as referenced is retained:-

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 Drawing no. WLH-01 Revision B

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

3.    The existing Conifer Hedge located along the eastern boundary of the site facing Crow Lane shall be retained in perpetuity at a minimum height 1.8m for the entire length of the eastern boundary of the site up to the southernmost pillar of the curved brick wall at the site access, except as may be necessary to be altered to comply with the requirements of any other conditions of this permission. Should the Conifer hedge die, seriously damaged or seriously diseased it shall be replaced in the next planting season with others of similar size and same species and retained in perpetuity.

Reason: To enable existing landscaping to be protected and retained in the interests of visual amenity.

4.    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 dwelling or its roof 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.

5.    Prior to occupation of the dwelling/s hereby approved, a minimum of one electric vehicle charging point shall be made functionally available to serve that dwelling and be available to vehicles in association with that dwelling.  The charging point shall be retained thereafter.

Reason: Interests of compliance with provisions of good sustainable design principles as outlined in the NPPF and adopted Tendring Local Plan. 

6.    All foul drainage from the development hereby approved shall be to its own private sewage treatment plant/s which shall be installed and be functionally available for use prior to the development to which it relates being first occupied/used.

Reason: To ensure that an adequate and satisfactory means of foul drainage is provided to avoid pollution, in the absence of a foul sewer.

7.    There shall be no obstruction 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 the first occupation of the dwellinghouse hereby approved and shall be retained free of obstruction above 800mm at all times.

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

8.    Prior to the occupation of the dwelling hereby approved, the shared private drive shall be constructed to a minimum width of 5.5 metres for at least the first 6 metres from the back of Carriageway / Highway Boundary and no unbound material shall be used in the construction of the surface treatment.

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.

9.    At no point shall gates be provided at the vehicular access. The access shall remain open and free for use thereafter.

Reason: Due to the nature of the access off Crow Lane and the limited space for waiting in front of potential obstructions at the access, and to give vehicles using the access free and unhindered access to and from the highway in the interest of highway safety.

10.  As indicated on drawing no. WLH-01 Revision B, 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.