Agenda item

Proposed erection of two 3-bedroom dwellings (in lieu of Prior Approval for 3 dwellings, subject of application 20/01708/COUNOT).

It was reported that this application had been referred to the Planning Committee as the proposed development 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 and it was recommended for approval by the Officers.

Members heard that the application proposed two dwellings with a combined total footprint of 241.64 square metres which would be sited separately on land to the rear of 55 Harwich Road in Lawford and would replace existing agricultural buildings in the same locations.

The proposal of the two dwellings was considered by Officers to offer an improved scheme in terms of living accommodation and design, scale and appearance when compared to the conversion of the agricultural buildings to three dwellings under the prior approval of 20/01708/COUNOT with a reduction in footprint of the buildings of 36.36 square metres.

The Committee heard that there were no significant issues in respect of neighbouring amenities or harm to trees, and there was sufficient parking and vehicular turning provision. In addition, no objections had been raised by ECC Highways or the Council’s Environmental Protection Team subject to conditions and therefore 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 (AP) in respect of the application.

An update sheet had been circulated to the Committee prior to the meeting with details of amended wording in order to correct an error in paragraph 6.5 of the Officer report and to reflect that the proposed building was a 1.5 storey cottage with restricted full head height to elements and also with details of amended wording for proposed planning condition 13.

Mollie Foley, the applicant’s agent, spoke in support of the application.

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

RESOLVED that the application be approved subject to:-

1)    On appropriate terms as summarised below and those as may be deemed necessary to the satisfaction of the Head of Planning & Building Control to secure the completion of a legal agreement under provisions of section 106 of the Town and Country Planning Act 1990 dealing with the following matters:

-        RAMS financial contribution of £156.76 per dwelling x 2 units = £313.52 (index linked) toward recreational disturbance at the Stour and Orwell Estuaries Ramsar site and Special Protection Area.

2)    the Head of Planning & Building Control be authorised to grant planning permission subject to the agreed section 106 agreement and the conditions as stated at paragraph 8.2 of the Officer report, subject to condition 13 being amended as per the update sheet, or varied as is 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.

3)    the informative notes as may be deemed necessary; and,

4)    in the event of the Planning obligations or requirements referred to in resolution (1) above not being secured within 6 months the Head of Planning & Building Control be authorised to refuse the application on appropriate grounds at their discretion.