Agenda item

Proposed detached four bedroom house and associated cart lodge.

The Committee was aware that Unilateral Undertakings had already been completed to secure a financial contribution towards RAMS of £122.30 for the one dwelling proposed and a payment towards the provision of new play equipment at the nearest play area at Bayard’s Recreation Ground, Regents Road, Brightlingsea.

 

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 Manager (GN) in respect of the application.

 

An update sheet was circulated to the Committee prior to the meeting with details of:

 

(1)     a further letter of objection received together with an Officer response; and

 

(2)     an amendment to the Officer report.

 

John Pearce, an agent acting on behalf of a local resident, spoke against the application.

 

Mark Potter, acting on behalf of the applicant, spoke in support of the application.

 

Following discussion by the Committee, it was moved by Councillor Alexander, seconded by Councillor Bray and RESOLVED that the Head of Planning (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to the following conditions and informatives –

 

Conditions and Reasons

 

1     The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

           

Reason - To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

 

2     The development hereby permitted shall be carried out in accordance with the following approved plans, drawing numbers 01B, 03A, 04A and 05A.

      

Reason - For the avoidance of doubt and in the interests of proper planning.

 

3     No development shall take place, including any ground works or demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

           

     i.   the parking of vehicles of site operatives and visitors

     ii.  loading and unloading of plant and materials

     iii. storage of plant and materials used in constructing the development

     iv. wheel and underbody washing facilities

           

Reason: To ensure that on-street parking of these vehicles in the adjoining streets does not occur and to ensure that loose materials and spoil are not brought out onto the highway in the interests of highway safety.

 

4     Prior to the commencement of any above ground works, a scheme of hard and soft landscaping works for the site shall be submitted to and approved, in writing, by the Local Planning Authority. The scheme shall include any proposed changes in ground levels and also accurately identify spread, girth and species of all existing trees, shrubs and hedgerows on the site and indicate any to be retained, together with measures for their protection which shall comply with the recommendations set out in the British Standards Institute publication "BS 5837: 2012 Trees in relation to design, demolition and construction.

           

Reason - To enhance the visual impact of the proposed works.

 

5     All changes in ground levels, hard landscaping, planting, seeding or turfing shown on the approved landscaping details shall be carried out during the first planting and seeding season (October - March inclusive) following the commencement of the development or in such other phased arrangement as may be agreed in writing by the Local Planning Authority.  Any trees or shrubs which, within a period of 5 years of being planted die, are removed or seriously damaged or seriously diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority agrees in writing to a variation of the previously approved details.

 

Reason - To enhance the visual impact of the proposed works.

 

6     All surfaces within the Root Protection Areas of the trees to be retained as set out within the Arboricultural Impact Assessment and Preliminary Method Statement and Appendices Reference No. TPSarb9550119 dated 28th January 2018 shall be constructed using no dig technology.

 

Reason - To ensure the protection and longevity of the protected trees in the interests of visual amenity.

 

7     No above ground works shall take place until samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

           

Reason - In the interests of visual amenity as insufficient information has been submitted within the application for full consideration of these details.

 

8     No above ground level works shall take place until precise details of the provision, siting, design and materials of screen fences have been submitted to and approved in writing by the Local Planning Authority. The approved screen fences shall be erected prior to the occupation of the development and thereafter be retained in the approved form unless otherwise agreed in writing by the Local Planning Authority.

 

Reason - To ensure that the development is appropriate within its setting and in the interests of highway safety.

 

9     Notwithstanding the provisions of Article 3, Schedule 2 Part 1 Class E of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification),  there shall be no additions or alterations to  the dwelling or its roof, nor shall any buildings, enclosures, swimming or other pool be erected except in accordance with drawings showing the design and siting of such additions and/or building(s) which shall previously have been submitted to and approved, in writing, by the local planning authority.

 

Reason - It is necessary for the local planning authority to be able to consider and control further development in order to ensure that landscape harm does not result in this edge of settlement location.

 

10   Notwithstanding the provisions of Article 3, Schedule 2 Part 2 Class A of the Town and Country Planning (General Permitted Development) England Order 2015 (or any Order revoking and re-enacting that Order with or without modification), other than the boundary treatments shown on the approved drawings, no provision of fences, walls, gates or other means of enclosures, shall be erected on any part of the site forward of the front elevation of the dwellings hereby approved except in accordance with details that shall previously be approved in writing by the Local Planning Authority.

 

Reason - In the interests of visual amenity.

 

11   The removal of any vegetation for site access/site clearance shall only be carried out outside of the bird nesting season (March to August inclusive).

 

Reason - To ensure the protection of birds potentially nesting on site.

 

12   Prior to occupation of the proposed dwelling, the private drive shall be constructed to a maximum width of 4.5 metres for at least the first 6 metres from the back of carriageway and provided with an appropriate dropped kerb crossing of the existing access.

 

Reason - To ensure that vehicles can enter and leave the highway in a controlled manner and clear of the limits of the highway, in the interests of highway safety.

 

13   No unbound material shall be used in the surface treatment of the vehicular access within 6 metres of the carriageway.

 

Reason - To avoid displacement of loose material onto the highway in the interests of highway safety.

 

14   Prior to occupation of the proposed dwelling, the Developer shall be responsible for the provision and implementation of a Residential Travel Information Pack for sustainable transport, approved by Essex County Council, to include six one day travel vouchers for use with the relevant local public transport operator.

 

Reason - In the interests of reducing the need to travel by car and promoting sustainable development and transport.

 

15   Any gates provided at the vehicular access shall be inward opening only and shall be set back a minimum of 6 metres from the highway.

 

Reason - To enable vehicles using the access to stand clear of the carriageway whilst gates are being opened and closed and to allow parking off street and clear from obstructing the adjacent footway/cycleway/carriageway in the interest of highway safety.

 

16   The development shall be carried out in strict accordance with Arboricultural Impact Assessment and Preliminary Method Statement and Appendices Reference No. TPSarb9550119 dated 28th January 2018.

 

Reason - To ensure the protection and longevity of the protected trees in the interests of visual amenity.

 

17   All new parking areas and areas of hardstanding shall be made of porous materials, or provision shall be made to direct run-off water from the hard surface to a permeable or porous area within the site area.

 

Reason - In the interests of sustainable development and to minimise the risk of surface water flooding.

 

Informatives

 

Positive and Proactive Statement

           

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns.  As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

 

Legal Agreement Informative - Open Space/Play Space Contribution

           

This application is the subject of a legal agreement and this decision should only be read in conjunction with this agreement.  The agreement addresses the following issues: Public Open Space financial contribution in accordance with Policy COM6 of the adopted Tendring District Local Plan (2007) and Policy HP5 of the emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft.

 

Legal Agreement Informative - Recreational Impact Mitigation

           

This application is the subject of a legal agreement and this decision should only be read in conjunction with this agreement.  The agreement addresses the following issues: mitigation against any recreational impact from residential developments in accordance with Regulation 63 of the Conservation of Habitat and Species Regulations 2017.

 

Highways Informatives

           

1. The private road is less than 3 metres in width without any passing places and no scope to provide any passing places. Should the application be approved the developer/ future home owner should be obligated to contribute to any future maintenance or ongoing costs for the repair and upkeep of the private road.

           

2. Under Building Regulations B5, access for fire tenders is required to a point not further than 45 metres from the entrance to the dwelling.  Any road or private drive forming part of such a fire access must be no less than 3.7 metres wide between kerbs (this may be reduced to 3.1 metres for a gateway or similar short narrowing) and should have a minimum centre line bend radius of 6.55 metres.  The access way should be capable of carrying a 12.5 tonne vehicle.  A cul-de-sac which is more than 20 metres long must have a turning head of a least Size 3.

           

3. On the completion of the Development, all roads, footways/paths, cycle ways, covers, gratings, fences, barriers, grass verges, trees, and any other street furniture within the Site and in the area it covers and any neighbouring areas affected by it, must be left in a fully functional repaired/renovated state to a standard accepted by the appropriate statutory authority.

           

4. Any work within or affecting the highway is to be laid out and constructed by prior arrangement with, and to the requirements and satisfaction of, the Highway Authority, details to be agreed before the commencement of works.

           

The applicants should be advised to contact the Development Management Team by email at: development.management@essexhighways.org  or by post to:

           

            SMO1 ' Essex Highways

            Colchester Highways Depot,

            653 The Crescent,

            Colchester.

            CO4 9YQ.