Agenda item
- Meeting of Planning Committee, Tuesday, 1st August, 2023 6.00 pm (Item 22.)
- View the background to item 22.
Proposed replacement of an agricultural building with a two bed bungalow (in lieu of Prior Approval for 1 No. 2 bed dwelling, subject of application 21/00704/COUNOT).
Minutes:
It was reported that this planning application was 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 defined settlement boundary and it had an Officer recommendation of approval.
Members were informed that this proposal of a dwelling was on balance, not considered by Officers to be materially different in regard to the siting or the footprint of the development approved under prior approval 21/00704/COUNOT. The overall height of the proposed dwelling exceeded that of the existing building, however this was not considered by Officers to result in significant harm.
The Committee heard that the proposed dwelling had been revised during the course of the application to be softer with a more agricultural like appearance with timber cladding and full length windows, which was considered to be in keeping with the rural location. The access remained as existing and there were no objections from the Highways Authority.
Members were told that the Council’s Tree and Landscape Officer had noted that the application site was overgrown with some established conifers along the eastern boundary. A soft landscaping scheme to include the site boundaries would be secured by condition as this would help to soften the appearance and screen/filter views of the site from the Public Right of Way to the east.
The Committee was also informed that there was sufficient parking and private amenity spaced provided, and there would not be significant harm to existing neighbouring amenities, subject to conditions.
Finally, Members heard that proposed conditions were included within the recommendations to ensure the provision of biodiversity enhancement and a scheme for the provision and implementation of water, energy, and resource efficiency measures for the lifetime of the development.
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.
No Officer update for this application was submitted to the Committee.
There was no public speaking on this application.
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Matters raised by Members of the Committee:- |
Officer’s response thereto:- |
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What is the width of that road if approval is given? |
It is difficult to give an exact measurement. The region of access is over 3 metres but that could be widened, but also could be less than 3 metres in places. There is potential for the access to widen but that is down to general maintenance work. |
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Is it serviced by bio-metric sewage disposal? |
Yes. |
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What do you say about the sewage disposal track having access to the site? |
That is a matter of judgement. Highways are content with the proposal. Entrance is approximately 5 metres across, it continues at this width to the proposed dwelling and is in the applicant’s control to provide road at this width. |
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What conditions are in place to make access road suitable and at what point will Highways say this access road is “saturated”? |
Referred to condition on the turning area. The Class Q has been approved and we are dealing with this in its own merits. There is no condition as to surfacing of the access road, but this could be imposed if the Committee wishes. Officers have outlined the limits of the new property provision under Class Q regulations. Other applications on the site have been refused. The LPA thought that the buildings weren’t structurally sound. |
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What reports have been commissioned as to Wildlife surveys? |
This report covers ecology and biodiversity implications under Sections 6.43 and 6.44 which suggests that suitable conditions be imposed to secure this however this is not in the proposed conditions listed. No report required as part of the application process. This is not a designated wildlife area. |
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Does this Committee need evidence before it can impose a condition? |
Officer judgement is not required but the Committee could impose a condition. Officers had no concerns that would generate need for the report. Also, there is an outstanding fall-back position for these buildings. We don’t have a building within this report that is at an age or structure that wildlife is within. Officers can seek that the applicant can provide the report, but they might feel it to be unnecessary. There is a legal need to protect wildlife, to do otherwise would be a legal offence. |
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Can we condition width of an access road and its surfacing? |
Yes, Members are within their rights to ask for more details, and this could be possible. |
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If this would require work to the existing hedgerow, could we condition a wildlife survey of the hedgerow? |
Yes. |
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How far from the building would the sewage provision be, and will there be a soakaway? |
Precise details of this would be dealt with under the Building Regulations. |
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If we refuse this application, does the prior approval remain? |
Yes, the prior approval will still be there. Referring to the proposed landscaping condition in this application that would cover, in part, the access. |
It was moved by Councillor Everett, seconded by Councillor White, and:-
RESOLVED that consideration of application 21/01718/FUL be deferred to enable Officers to seek the following information from the applicant:
- Surface materials and details of the roadway design/width of the access and drive
- Ecological survey/report for site
- Package Treatment Sewage Plant location
Supporting documents:
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