Outline Planning Application (Access to be considered) – Erection of 3 dwellings.

Members were told that the application sought outline consent with all matters reserved, apart from access, for the erection of three dwellings to the rear of the existing dwelling of West Manston, Windmill Road, Bradfield.

Notwithstanding the application site was partly outside of the Settlement Development Boundary, the principle of residential development in that location was acceptable on the strength of the prevailing character of development to the south of the application site and the support of Local Plan spatial strategies.

The Committee heard that the proposed development would represent sustainable development and would not result in any material harm in terms of archaeological interest, residential amenities, highway safety, tree protection, ecology and biodiversity and was acceptable in all other regards.

Members were updated that there were no objections from statutory consultees, although Bradfield Parish Council had objected to the proposal.

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 subject to conditions.

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

An Officer Update Sheet had been circulated to Members prior to the meeting which informed the Committee as follows:-

“Additional planning condition proposed:

Habitat Management and Monitoring Plan for BNG Condition

Unless all BNG requirements are achieved via credits, no development shall commence on the site until a 30 year Habitat Management and Monitoring Plan (HMMP), prepared in accordance with the approved Biodiversity Gain Plan/s under condition 4, has been submitted to and approved in writing by the local planning authority for the site, and shall contain the following unless otherwise agreed in writing by the Local Planning Authority:

a)    a description and evaluation of the planned habitat works for the creation and/or enhancement of the onsite habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan;

b)    the management measures to maintain the onsite habitat creation and/or enhancement works for a period of a least 30 years from the completion (defined for this purpose as first use and/or occupation unless agreed in writing by the LPA) of the development including: i) ecological trends and constraints on site that may influence management; ii) aims, objectives and targets for management e.g. links with local and national species and habitat action plans; iii) a description of the management operations necessary to achieving aims and objectives; iv) prescriptions for management actions; v) preparation of a works schedule, including annual works schedule; vi) mechanisms of adaptive management to account for necessary changes in work schedule to achieve the required targets;

c)    details of the monitoring methodology, to measure the effectiveness of the management of the onsite habitat creation and/or enhancement works together with the timetable for each element of the monitoring programme including when first implemented with provision for monitoring reports to be provided to the local planning authority in writing on year 1, 2, 3, 5, 7, 10, 15, 20, 25 and 30, with biodiversity reconciliation calculations at each stage; and

d)    details of the roles and responsibilities of the people or organisation(s) delivering the HMMP including implementation and monitoring;

e)    There shall be a completion report evidencing the completed habitat enhancements prior to first use and/or occupation unless agreed in writing by the LPA.

The approved HMMP shall be strictly adhered to at all times and implemented in full for its duration no later than the first use/occupation of the development.

REASON: To enhance biodiversity in accordance with the National Planning Policy Framework and to achieve the Biodiversity Net Gain objectives set out in Schedule 7A of the Town and Country Planning Act 1990 (as amended).

NOTE: If the approved BNG Plan is for credits only, this condition does not require discharge.  For all development that include a BNG plan on site and/or off site, in full or part, this condition is imposed and needs to be discharged as set out.  Should the BNG requirement be considered to be “significant” an associated legal agreement shall be expected to secure monitoring fees.”

Councillor Coley, on behalf on Bradfield Parish Council, spoke against the application.

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

RESOLVED that:-

1)    the Head of Planning and Building Control be authorised to refuse outline consent subject to the reasons as stated below that follows:

-       the proposed development constitutes backland development that fails to comply with the criteria set out in Policy LP8 of the Tendring District Council Local Plan 2013 – 2033 and Beyond (Section 2). Specifically – the development would extend built form beyond the established rear building line of neighbouring properties, creating a hard urbanised area eroding the character and openness of the area and the amenity enjoyed, including loss of trees and loss of the opportunity of trees, contrary to the criterion (e) of Policy LP8. As such, the proposal would set a harmful precedent for similar forms of development in the locality and would be out of character with the prevailing pattern of development, outside the settlement development boundary, contrary to criterion of Policy LP8 and the design principles of Policy SP7 and SPL3 of the Local Plan;

-       varied as is necessary to ensure the wording is precise, and reasonable in all other respects, including appropriate updates, so long as the principle of the reasons for refusal as referenced is retained; and

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