Proposed sub division of site to form building plot and erection of three bedroom detached bungalow including new vehicular access to serve new dwelling and the host property.

The Committee heard that the application was before Members as the proposal represented a departure from the Local Plan, proposing new residential development outside of the St Osyth Settlement Development Boundary (SDB) as defined within the adopted Tendring District Local Plan 2012 to 2033 and Beyond.

Members were told that the application related to the side garden of number 225 Point Clear Road, St Osyth. The site was located on the southern side of Point Clear Road, close to the junction with Dumont Avenue and was surrounded by residential development on all sides.

Officers informed Members that the site lay outside of the defined SDB of St Osyth and that there was no defined settlement for Point Clear within the adopted Local Plan. The application was therefore contrary to the spatial strategy set out within adopted Local Plan Section 1 Policy SP7 and Section 2 Policy SPL2. However, Local Plan Policy SPL 2 did not preclude residential development outside of the defined boundary, but rather required careful consideration of the scale of development in relation to the settlement hierarchy category, site-specific characteristics, and sustainability of the site.

The Committee was also informed that in that instance, the site-specific merits of the case and a recent appeal decision were of significant weight in the assessment of the application. Namely, the previous outline application for 1 no. dwelling (reference 21/02082/OUT) refused due to the lack of RAMS UU only, and the appeal decision at a nearby site (rear of 172 Point Clear Road appeal reference APP/P1560/W/22/3311836) which had been allowed on the basis that the site was within walking distance of amenities and public transport and the scale of development would be proportionate to the size of the settlement.

Members were assured that the Officers were satisfied that existing services and facilities within Point Clear would be capable of supporting the proposed development of 1 dwelling, and that those were accessible within safe walking distance of the site. The proposed single storey dwelling was of a scale and design that would appear as an infill plot, in keeping with the linear pattern and scale of residential development in the locality.

The Committee was finally told that, in line with the conclusions of the above-mentioned appeal, other than the high-level policy conflict regarding the location of the site outside the defined settlement development boundary, the development in the opinion of the Officers would not result in any material harm in terms of design, impact, residential amenities or highway safety, and was acceptable in all other regards.

The Committee had before it the published Officer report containing the key planning issues, relevant planning policies, planning history, any responses from consultees, written representations received and a recommendation of approval subject to Unilateral Undertaking and Conditions.

At the meeting, an oral presentation was made by the Council’s Senior Planning Officer (AL) in respect of the application.

An update sheet had been circulated to the Committee prior to the meeting with details on the rewording of Condition 7 which was as follows:

“7.        COMPLIANCE PRIOR TO OCCUPATION: SHARED ACCESS WIDTH

CONDITION: Prior to occupation of the development, the shared vehicular access shall be constructed at right angles to the highway boundary and to the existing carriageway. The width of the shared access at its junction with the highway shall be 7.2 metres, shall be retained at that width for 6 metres within the site and shall be provided with an appropriate dropped kerb vehicular crossing of the footway and highway verge.

REASON: to ensure that vehicles can enter and leave the highway in a controlled manner in the interest of highway safety.

Note to Members:

Following a correction to the site notice and advert (Departure from the adopted Local Plan) confirming that the site is located outside of the defined Settlement Development Boundary for St. Osyth, the decision for the application (in line with the committee resolution) will be issued once the corrected publication period has expired.”

There were no public speakers for this application.  

It was moved by Councillor Bray, seconded by Councillor Everett and unanimously:-

RESOLVED that the Head of Planning and Building Control be authorised to grant planning permission subject to:

1)    the completed Unilateral Undertaking securing:

-        financial contribution of £156.76 (index linked) towards RAMS.

-        financial contribution towards the Public Realm (index linked in accordance with the scale of contributions) to upgrade Dumont Avenue Play Area.

2)    the conditions stated at 9.2, of the Officer report (A.2) with the amendment of Condition 7 as set out in 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 references is retained; and,

3)    the sending of any informative notes to the applicant as may be deemed necessary.