Agenda item

Proposed replacement of three poultry units with 1 x three bed dwelling (in lieu of prior approval 19/00358/COUNOT).

With the approval of the Chairman of the Committee, Planning Application 19/00909/FUL was moved to be considered at an earlier stage in the agenda, the meeting would then proceed as normal.

 

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 Team Leader (TF) in respect of the application.

 

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

 

(1) Amendments to paragraphs 1.3 and 6.4

 

Marilyn Peck, a local resident, spoke against the application.

 

Parish Councillor Trudy Carr, representing Beaumont Parish Council, spoke against the application.

 

Councillor Daniel Land, a local Ward Member, spoke against the application.

 

Peter Le Grys, the agent of behalf of the applicant, spoke in support of the application.

 

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

 

a)    Within 6 (six) months of the date of the Committee’s resolution to approve, the completion of a legal agreement under the provisions of section 106 of the Town and Country Planning Act 1990 dealing with the following matters (where relevant):

 

·         Financial Contribution towards RAMS

 

b)    the conditions stated below, subject to a correction to condition 9 to include the word ‘not’.

 

c)    That the Head of Planning be authorised to refuse planning permission in the event that such legal agreement has not been completed within the period of 6 (six) months, as the requirements necessary to make the development acceptable in planning terms had not been secured through a Section 106 planning obligation.

 

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 and documents; Drawing No. BHR-101 Revision A, Block Plan – Demolition Plan scanned 6^th August and Planning Statement dated June 2019.

 

Reason – for the avoidance of doubt and in the interests of proper planning.

 

3.    There should be no obstruction above ground level within a 2.4 m wide parallel band visibility splay as measured from and along the nearside edge of the carriageway across the entire site frontage. Such vehicular visibility splays shall be provided before the access is first used by vehicular traffic for the three residential dwellings and retained free of any obstruction at all times.

 

Reason – To provide adequate inter-visibility between users of the access and the public highway in the interests of highway safety.

 

4.    No unbound material shall be used in the surface treatment of the existing vehicular access within 6 metres of the highway boundary.

 

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

 

5.    Prior to the occupation of the proposed dwellings, the existing private drive shall be constructed to a width of 5.5 metres for at least the first 6 metres from the back of the Highway Boundary.

 

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

 

6.    The Cycle parking shall be provided in accordance with the EPOA Parking Standards. The approved facility shall be secure, convenient, covered and provided prior to first occupation and retained at all times.

 

Reason – To ensure appropriate cycle parking is provided in the interest of highway safety and amenity in accordance with Policy DM8.

 

7.    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 obscure views of the site from Public Right of Way Network to the south west of the application site.

 

8.    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 arrangements 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 a similar size and species, unless the Local Planning Authority agrees in writing to a variation of the previously approved details.

 

Reason – To ensure that the landscaping scheme is suitably implemented within an appropriate timescale.

 

9.    The proposed dwelling shown on drawing no. BHR-101 Revision A hereby permitted shall not be occupied until all of the existing agricultural buildings as shown on Drawing Block Plan – Demolition Plan scanned 6^th August, have been demolished and the resulting demolition materials removed from the site.

 

Reason – In the interests of protecting and enhancing the rural character and appearance of the area.

 

10.  Notwithstanding the provisions of Classes A, B, C, D and E of Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or the equivalent provisions of any order revoking and re-enhancing that Order), the dwelling shown on drawing no. BHR-101 Revision A hereby permitted shall not be extended or ancillary buildings or structures shall be erected within the curtilage, without the prior written approval of the local planning authority.

 

Reason – In the interests of protecting and enhancing the rural character and appearance of the area.

 

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 – 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.

 

Building Control and Access

 

Fire Service access is required in accordance with B5.

 

Highways

 

Informative 1: As per the information contained in The Planning Statement, under item 2.5 it will be necessary to undertake some maintenance to the existing hedgerow and cut back any overhanging trees adjacent to Harwich Road to ensure that a 2.4 metres parallel band visibility splay will be provided for the entire site frontage.

 

Informative 2: 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.

 

Informative 3: All work within or affecting the highway is to be laid out and constructed by prior arrangement with and to the requirements and specifications of the Highway Authority; all details shall 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

 

Areas within the curtilage of the site for the purpose of the reception and storage of building materials shall be identified clear of the highway.