Agenda item

Proposed drop kerb with vehicular access along with driveway and parking.


The Committee heard that the application involved the installation of a lowered curb providing vehicular access and a driveway that included a parking space in front of the property. The Officers’ opinion was that the proposed development, subject to certain conditions, met acceptable standards in terms of design and aesthetics and was not expected to have any major adverse effects on residential amenities. Essex County Council Highways had been consulted regarding the application and had indicated that it complied with highway safety requirements, subject to the conditions as included in paragraph 8.2  of the officer report.


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 (CC) in respect of the application.


There were no updates circulated to Members on this application.


Steve McClaine, on behalf of the applicant, spoke in support of this application.


Matters raised by Members of the Committee:-

Officer’s response thereto:-

What is the view in the terms of the visibility splay and safety?

With the layby in the diagram, the Highways Authority have raised no objections, they have argued that the verge coming out of the property is wide enough for a clear view behind any vehicles that are parked in the layby. They have also said that if this application is approved then the next stage would be that the applicants apply for a Vehicle Crossing Application and then the layby is further assessed at that point and if it needs to be shortened for any reason then it will be assessed at that point.

Could you give us more information about the telegraph pole and if there is a clear vision when a car is coming out?

Again, the Highways Authority have not raised any objections to the telegraph pole and have said it will be further assessed at the Vehicle Crossing Application stage. There is a possibility that the applicant may be required to remove the pole which will be at the applicant’s own expense and that will also be dealt with at the Vehicle Crossing Application stage but at the moment there have been no objections raised.

What is the latest stage for this application?

This is the application in planning terms to be considered but also the Highways Authority have their own application to consider later because they have to expressly consent to any new access joining their road. So that is separate and not a material consideration to us. The Highways Authority in their consideration will need to be assured of the safety aspects. So even if you do approve this application, they have to be assured themselves that there is a safe access, but safe access is also one of TDC’s material considerations too. In respect to the conditions in the report, there are a number of conditions that we can control and one of them is the removal of the hedgerow in order to allow the visibility as the car is coming out of the driveway, the applicant will have a rolling vision and it will vary as there may be cars in the layby or not. Unfortunately, that is a risk here that on occasion the applicant’s view is going to be blocked by the cars in the layby.

With regards to Condition 4 in the report, does that mean you can’t park there?

The problem with a car is that it is not a permanent object so Officers would suggest that Condition be found fault with in respect of the layby. It’s not a permanent feature that can be controlled and say it will be in breach of that. It will be a changeable obstruction that can change minute to minute so Officers don’t think it is possible to enforce that in respect of parking but in respect of anything else like telegraph poles and other matters we would.

Can we condition that there is no parking on that new build and dropped kerb?

No one can park there by default as it is not their land, that is Highway land.

Who does the greensward belong to?

The pavement and the greensward are Tendring District Council land but in Highway terms you have the public right of way in any event. So, the control is TDC’s and essentially Officers would not allow a car to park there as it would obstruct the public right of way.

Is there any condition that TDC can put on which says you can’t park on that greensward or the pavement?

Officers would say it is unlikely, but you can put a condition on that for avoidance of doubt. To clarify, Councillors may want to consider the condition would be to ensure no parking at any time on the access to the driveway leading to the parking area.

Is the area in front of the property a permeable surface?

The material of the parking area and it assumed it continues through to the driveway is regarded as block paved and there are two types of that, and some are permeable, and some are not but Officers can condition to that affect that it has to be agreed if you wish.



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




1)    the Head of Planning and Building Control be authorised to grant application 22/02072/FULHH planning permission subject to the conditions as stated at paragraph 8.2 of the Officer report and as added to at the meeting in relation to ensure no parking at any time on the access and driveway leading to the parking area and for its surface material to be permeable, with details to be agreed, 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; and,


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

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