Agenda item

Erection of two 3-bedroom cottages (in lieu of Prior Approval for two x 3- bedroom dwellings, subject to application 21/00057/COUNOT).

It was reported that this application  had been referred to the Planning Committee as the proposed development would have conflicted 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.

Members were advised that the proposed dwelling was not considered to be materially different in regard to siting or footprint to the development approved under prior approval 21/00057/COUNOT and was similar in scale and appearance to dwellings and other built form within the wider area. The overall height of the proposal exceeded that of the existing building, however this was not considered to result in significant harm.

Following revisions to a previously refused scheme of a similar nature, namely to utilise the existing vehicular access point to the south-western corner of the site as opposed to forming a new access, Essex Highways Authority had raised no objections.

Members of the Committee were reminded that the Council’s Tree and Landscape Officer had also raised no concerns, whilst sufficient parking and private amenity space was provided, and there would not be significant harm to existing neighbouring amenities.

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 (MP) in respect of the application.

Peter Le Grys, the agent acting on behalf of the applicant, spoke in support of the application.

Prior to the debate the Planning Manager suggested a condition be added for consistency that a renewable and sustainable energy scheme should be secured in accordance with the Local Plan as the application is for the creation of new dwellings and it was realised this had been missed from the recommended conditions in the Officer Report.

Following discussion by the Committee, it was moved by Councillor Harris, seconded by Councillor Placey and unanimously: -

RESOLVED that the Planning Manager (or equivalent authorised officer) be authorised to grant planning permission for the development subject to the conditions in paragraph 8.2 of the Officer Report with the additional of a condition securing a renewable and sustainable energy scheme for the development, as set out below, or as need to be varied and those as may be deemed necessary:

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: Drawing Number WHL-02 Revision D and documents titled 'Visibility Splays Plan' and 'Site Plan', 'Klargester BioDisc Domestic Sewage Treatment Plant', 'Construction Method Statement' and 'Planning Statement'.

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

3 Prior to occupation of the development, the private access at its centre line shall be provided with a clear to ground visibility splay with dimensions of 2.4 metres by 97 metres to the north-east and 2.4 metres by 95 metres to the south-west, as measured from and along the nearside edge of the carriageway. Such vehicular visibility splays shall be provided before the private access is first used by vehicular traffic from the development and retained free of any obstruction at all times.

Reason: To provide adequate inter-visibility between vehicles using the road junction / access and those in the existing public highway in the interest of highway safety.

4 The proposed development shall not be occupied until such time as the vehicle parking area on the approved plans, has been hard surfaced and sealed. 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 unless otherwise agreed with the Local Planning Authority.

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

5 Prior to above ground works of the development hereby approved, a hard and soft landscaping scheme shall have first been submitted to and agreed in writing by the local planning authority, including details of any boundary treatment. Thereafter, the hard landscaping and boundary treatment shall be implemented in accordance with the details which may have been agreed prior to first occupation. Soft landscaping shall be implemented in accordance with the details which may have been approved in the first planting season following substantial completion of the development. Any species planted becoming diseased of dying within 3 years of planting shall be replaced to the satisfaction of the local planning authority.

Reason - In the interests of visual amenity, biodiversity enhancement and landscape protection.

6 The approved landscaping scheme 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 - In order to soften and mitigate the visual impact of the development on the remaining open fields beyond having regard to the semi-rural setting of the site.

7 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 other alterations to the dwellings shall be carried out 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 and to maintain sustainable development principles.

In addition, condition 8 as follows:-

8 No development shall commence above slab level until) a scheme for the provision and implementation of water, energy and resource efficiency measures for the lifetime of the development shall be submitted to and approved, in writing, by the Local Planning Authority. 

The scheme such include as a minimum to achieve:-

- Agreement of provisions to ensure no more than 105 litres per person per day is used

- Agreement of carbon level

- Agreement of provisions to ensure the development is zero carbon ready

- An electric car charging points per dwelling

- A Water-butt per dwelling

- Compost bin per dwelling

- Agreement of heating of each dwelling/building

- Agreement of scheme for waste reduction

The scheme shall be fully implemented prior to the first occupancy of the development unless otherwise agreed in writing by the Local Planning Authority.  The scheme shall be constructed and the measures provided and made available for use as may be agreed and thereafter shall be maintained. 

Reason: To enhance the sustainability of the development through better use of water, energy and resources reduce harm to the environment and result in wider public benefit in accordance with the NPPF and policy PPL10.