Agenda item

Variation of ENE/TEN/119/59 and TEN/1406/88 to allow unrestricted occupation all year round.

Councillor White had previously declared that, with regards to application 18/01230/FUL – 55 Colne Way, Point Clear Bay, St Osyth, Clacton-on-Sea, CO16 8LL, this is his home ward, however he would participate whilst the committee deliberated and reached its decision.

Councillor Everett had previously declared that, in relation to application 18/01230/FUL – 55 Colne Way Point, Clear Bay, St Osyth, CO16 8LL, he is pre-determined on this application and will not participate whilst the Committee deliberated and reached its decision.

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 refusal.

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

Councillor Talbot, a local Ward Member, spoke against the application.

Following discussion by the Committee, it was moved by Councillor McWilliams, seconded by Councillor Hones and RESOLVED that the Head of Planning (or equivalent authorised officer) be authorised to refuse planning permission for the development, for the following reasons:-

Reason for Refusal: The proposed removal of the condition sought would be contrary to national and local planning policy as;

1. It would effectively allow the creation of a new dwelling in Environment Agency Flood Zone 3. As such in the absence of a Flood Risk Assessment the flood risk resulting from the proposed development cannot be fully assessed and no sequential test or exception test can be performed to show the proposed all year round use of the chalet would be safe for its lifetime. In the light of the advice from the Environment Agency that the property is in an area at high risk of flooding due to its situation within Flood Zone 3 the proposal would be contrary to Paragraph 155 of the National Planning Policy Framework (“the NPPF”) as development in an area at risk of flooding which is not safe whether now or in the future and which cannot be directed away to an area of lower risk.

2. The property is also in an area where climate change is likely to result in rising sea levels and the proposal cannot be guaranteed to be safe for its lifetime again contrary to Paragraph 155 of the NPPF and in the light of the advice in the UK Marine Policy Statement and paragraph 166 of the NPPF the proposal would leave future occupiers vulnerable to the additional risk of flooding and coastal change resulting from climate change and rising sea levels.

3. Policy QL3 of the saved Tendring District Local Plan 2007 provides that flood risk is to be taken into account in all stages in the planning process to avoid inappropriate development in areas at risk of flooding. Development will only be permitted in areas of flood risk when there are no reasonably available sites in areas of lower flood risk and the benefits of development outweigh the risks of flooding.

4. The entire surrounding area is at high risk of flooding as the holiday dwelling and its area is entirely within Flood Zone 3 and in relation to the removal of the condition its use as a dwelling all year round would give rise to a use which was “highly vulnerable” under the Environment Agency’s use system. This would therefore be contrary to policy QL3 of the saved Tendring District Local Plan 2007.