Agenda item

Erection of 7 no. detached dwellings and garages and access.

Minutes:

Members were informed that this application was before the Planning Committee as it represented a technical departure from the Local Plan being new residential development located outside the defined Settlement Development Boundary (SDB) with an Officer recommendation of approval. Although the site lies directly adjacent to the SDB which is supported by policies for new housing, Frating is one of the lower scoring settlements. As a precautionary approach, this is regarded as a departure to avoid risk of challenge and presented to committee on this basis.

 

 

It was reported that the proposal for full planning permission was considered by Officers to be an appropriate scale of growth for Frating, integrated well with the local context, and raised no material visual, design or amenity concerns. Highway, drainage, landscaping, and biodiversity matters could be addressed through conditions and obligations.

 

Members were advised that the report recommended that it be delegated to Officers to issue an approval or refusal, subject to Essex County Council’s Ecology section confirming that they had no objection or otherwise following their review of an amended ecological assessment/addendum.

 

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 Senior Planning Officer (AL) in respect of the application.

 

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

 

Correction to Condition 18 of item A.1 - 25/01081/FUL – Main Road, Frating

 

18.  FURTHER APPROVAL: HIGHWAY WORKS PRIOR TO OCCUPATION

 

CONDITION: Notwithstanding the submitted details and prior to any above slab level works, a scheme of highway improvements shall be submitted in writing to the local planning authority for written approval that shall comprise of the following and include a timetable for implementation:

 

-       Where possible within land under the control of the applicant and/or extent of highway and prior to occupation of the development, the existing footway to the east shall be extended across the entire site frontage of the proposal site connecting to the new pedestrian link to the front of Plot 7 as shown on Drawing no. 24253 - WA – 002 Revision E and shall be provided at a maximum width of 2 metres.

 

The improvements as may be agreed shall be implemented as approved in accordance with the timetable provided and completed in their entirety prior to first occupation. 

 

REASON: To make adequate provision and connectivity within the highway for the additional pedestrian traffic generated by the proposed development, in the interests of highway safety.

 

NOTE/S FOR CONDITION

 

Highways Approval:

 

-       Prior to any works taking place in the highway the developer should enter into a S278 agreement with the Highway Authority under the Highways Act 1980 or Minor Works Authorisation to regulate the construction of the highway works.

-       All highway related details should be agreed with the Highway Authority.

-       The proposed junction layout, carriageway widening, and footway proposals will require an initial Stage 1 Road Safety Audit.

 

Discharge of Condition Application:

 

-       This condition will require a formal discharge of condition application to be submitted and approved by the local planning authority in consultation with the Highway Authority. All necessary highway agreements should be in place prior to the submission of any related discharge of condition application. Failure to submit a discharge of condition application with evidence of the necessary highways permits in place, may result in a refusal of the discharge application.”

 

There were no speakers on this application.

 

Matters raised by Members of the Committee:-

Officer’s response thereto:-

Connecting to the link in front of Plot 7, can Officers confirm that it will connect with the footpath that runs to Frating Cross or is it just in front of the 7 properties?

The layout plan shows the connection to be provided through the landscaped area of the development itself to the front of Plot 7. Beyond that, there will be a requirement to extend the footway from the new pedestrian connection to the existing footway that fronts the development directly adjacent. This is which secured by the condition in terms of the details and timing of delivery. The footpath will not connect across the full frontage of the site; it will only be from the new pedestrian point within the development across to connect the existing footway.

Can Officers explain if surveys are required for ecology protection?

In page 21 of the agenda, it this is standard text used by the ecology advisors will considering birds, barn owls within one requirement in terms of any mitigation or licensing. Because there was an error in the original ecology report which did not completely cover the consideration of birds, the advisors have covered themselves essentially in their feedback to say that if there is a further requirement in terms of birds then there may be some further requirements in terms of barn owls as well, which is a standard response. However, the ecology report does state there are no further surveys required for either breeding birds or barn owls, so that point has been covered which will hopefully lead to a no objection response from ecology once they have reviewed the amended survey. 

So, there could be another survey required?

What has happened is that in the original ecology report that was provided there was an error in that ecology report which triggered the response from ECC Ecology at ECC Place Services which says it is not clear, there could be a potential for future surveys that are needed; however, Officers have now had that corrected and confirmed by the applicant and the agent that no further surveys are required which is a holding response comment and when the new comments come back from ECC Ecology, once they have had the opportunity to review the corrected ecology report, those comments should agree with the contents of the ecology report which confirms that no further surveys are required and then ECC Ecology should be able to recommend approval subject to conditions. 

Do the houses need to be 4/5 bedrooms and why?

Officers and Members have to consider what is before them as that is what is being proposed. On a larger scheme the Council’s housing mix policy would kick in but for a development of this scale there is no such requirement, and it is fairly in keeping with the existing development to the west and other properties developing around the area.

Will these houses be taller than the other houses on the road?

The proposed dwellings will be set back slightly further which will help how they are seen from the street. Officers are comfortable that the houses will not look bulky or taller than the properties on either side.

Will there be any solar panels?

The recommendation includes a condition to secure details of sustainable construction and energy efficiency measures which includes solar panels. The plans that Officers have got say that there will be EV charging points at each dwelling which aligns with the policy in part, but full details are required by condition.

If Frating had a neighbourhood plan, would they be able to ask for speed reductions in the area?

It would be unlikely for a development of this scale unless it was something that would have been agreed as a strategic approach with Essex County Council Highways. Officers cannot speculate as to what is included in a neighbourhood plan but because the speed limit throughout Main Road is 40mph, to require a speed limit reduction for this section of development would be unreasonable.

Do you know if the developer has contacted the Essex Police?

Officers would not have any information on that at this stage as they are not a statutory consultee for this application, they are only an advisory. Their comments can be added as informatives to the decision notice to make the developer aware of Secured By Design principles.

Did Officers say that Anglian Water have found a way through this and has been solved?

For this scale of development, Anglian Water and the Local Lead Flood Authority (LLFA) are not standard statutory consultees, so in this instance they have commented but because they have raised an objection regarding surface water drainage which is not a consideration for a development of under 10 units, Officers cannot insist on a water surface drainage strategy; however, Officers have dealt with that issue by adding a condition to ensure that any new hard surfacing development is either permeable or drains to a permeable area within the development site.

Is it correct to say that the rest of the trees apart from one will remain on the development site?

Yes, that is correct. It is only one dead hawthorn tree to the front of the site that is being removed but the rest will remain and will be protected by fencing in construction as set out in the tree report.

Are the Parish Council happy with the condition on the update sheet?

Yes, that was a correction to a condition. In the report, Officers have explained that having the footway extended across the full site frontage would be unreasonable in this instance because it is not necessarily connecting it to anything so that is why Officers have secured the pedestrian link at the far end of the site closest to the existing footway that allows the developer to provide a reasonable stretch of footway connection.

 

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

 

RESOLVED that:-

 

1)    the Head of Planning and Building Control be authorised to grant full planning permission subject to the receipt of a ‘no objection’ from Essex County Council Place Services Ecology or to refuse permission on terms at their discretion and further subject to;

 

2)    the conditions as stated at paragraph 10.2 of the Officer report (A.1) (including any additional conditions recommended as part of the consultation with Essex County Council Place Services Ecology following re-consultation on the amended PEA), the corrected condition 18 of the Officer 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; and

 

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

Supporting documents: