Agenda item

Construction of 4 No detached houses and access road off existing drive.

Councillor White had earlier declared for the public record in regards to Planning Application 19/00610/FUL that he was one of the local Ward Councillors and that he was also a St Osyth Parish Councillor, however, he had stated that he had not been involved in discussions on the applications at the Parish Council and that therefore he was not pre-determined.

 

It was reported that this application had followed on from outline application 16/01611/OUT which had been approved by the Committee at its meeting held on 29 March 2017. At that time, Members had requested that any detailed application be brought to the Committee for determination. The application had originally been submitted as a reserved matters application but due to the reduction in the number of dwellings from the five approved at outline to the four now proposed, the application had had to be dealt with as a full planning application. Although the application type was different, the application was before Members in order to satisfy their previous request that the Committee considered the detailed design of the development.

 

Members recalled that outline application 16/01611/OUT had been approved by Members subject to 15 conditions, including the requirement for the submission of some particulars concurrently with the reserved matters application. Those being; an ecological management scheme and mitigation plan (condition 12), a surface water drainage strategy (condition 14) and a foul water drainage strategy (condition 15). Conditions 14 and 15 had been added by Members in addition to those recommended by officers. Members were informed that as the application had been originally submitted as a reserved matters application, all the information to accord with the conditions imposed on the outline permission accompanied the application before them.

 

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 Officer (AL) in respect of the application.

 

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

 

Conditions

 

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 No. 835/10 E, Drawing 835/11 B, Drawing No. 835/12 A, Drawing No. 835/13 A and Drawing No. 01-19.19.001 - B, Drawing No. 01-19.19.002 - B, Drawing No. 01-19.19.003 – B received 2^nd December 2019.

        

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

 

 3      All changes in ground levels, hard landscaping, planting, seeding or turfing shown on the approved landscaping Drawing No. 835/13 A 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 ensure the adequate maintenance of the approved landscaping scheme for a period of five years in the interests of the character of the surrounding area.

 

 4      No above ground works shall take place until samples of the materials to be used in the construction of the external surfaces of the buildings 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.

        

         Reason - The site is publicly visible and therefore quality materials are an essential requirement and insufficient information has been submitted within the application for full consideration of these details.

 

 5      The approved screen walls and fences shown on approved Drawing No. 835/13 A shall be erected prior to the dwellings to which they relate being first occupied and thereafter be retained in the approved form unless otherwise agreed in writing by the Local Planning Authority.        

        

         Reason - To ensure a satisfactory development of the site in the interests of visual and residential amenity.

 

 6      Prior to the occupation of the development, the communal bin/refuse collection point shown on approved Drawing No. 835/10 E shall be provided and thereafter retained in the approved form.           

        

         Reason - To minimise the time spent by refuse collection vehicles parked within the highway so as to avoid congestion and inconvenience to users of the highway.

 

 7      The removal of any vegetation 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.

 

 8      All new hardstanding and parking areas 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 or surface within the site.

         

         Reason - In the interests of sustainable development and to ensure that run-off water is avoided to minimise the risk of surface water flooding.

 

 9      The approved Construction Method Statement reference 835 Method Statement 11/19 received on 2nd December 2019 shall be adhered to throughout the construction period.

        

         Reason - To ensure that on-street parking of construction and delivery vehicles in the adjoining streets does not occur, in the interests of highway safety.

 

10     The development shall be carried out in strict accordance with Recommendation and Conclusions of Geosphere Environmental Ltd (2016) Preliminary Ecological Appraisal report ref. 2198,EC/PEA/LS,KL/11-01-16/V1 Dated 11th January 2017, amended Ecological Management Scheme 3651,EC/LTR001/LT,RF,KL/06-11-19/V3 Dated 6^th November 2019 and Ecological Management Scheme Drawing ref. 3651,EC/001/Rev 2 Dated 5^th November 2019.

        

         Reason - To preserve and enhance the biodiversity of the site.

 

11     No means of external lighting shall be installed until details of an illumination scheme have been submitted to and approved in writing by the Local Planning Authority. Development shall only be carried out in accordance with the approved details.

        

         Reason - In the interests of biodiversity and prevent the undesirable, disruptive and disturbing effects of light pollution.

 

12     Notwithstanding the provisions of Article 3, Schedule 2 Part 2 Class A of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order with or without modification), other than those shown on approved Drawing No. 835/13 A, no provision of fences, walls or other enclosures, shall be erected on the perimeter of the site or forward of the dwellings hereby approved except in accordance with drawings showing the design and siting of such enclosures which shall previously have been submitted to and approved, in writing, by the Local Planning Authority by way of a planning application.

        

         Reason - In the interests of visual amenity and to preserve the semi-rural character of the surrounding area.

 

13     Notwithstanding the provisions of Article 3, Schedule 2 Part 1 Classes A, B, C and 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 any of the dwellings or their roofs, 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 and to ensure that no harm to neighbouring amenities will occur.

 

14     Prior to the occupation of the development, the access at its centre line shall be provided with a clear to ground visibility splay with dimensions of 2.4 metres by 17 metres in both directions as measured from and along the nearside edge of the carriageway in accordance with approved Drawing No. 835/10 E. Such vehicular visibility splays shall be retained free of any obstruction at all times in perpetuity.

        

         Reason - To provide adequate inter-visibility between vehicles using the access and those in the existing public highway in the interest of highway safety.

 

15     Prior to first occupation of the development the vehicular turning facility shown on the approved Drawing No. 835/10 E shall be constructed, surfaced and maintained free from obstruction within the site at all times for that sole purpose.

        

         Reason - To ensure that vehicles can enter and leave the highway in a forward gear in the interest of highway safety.

 

16     Prior to the first occupation of the development, the existing access gates shall be repositioned in accordance with approved Drawing No. 835/10 E retaining a minimum set back from the back edge of the footway of 6 metres and shall be inward opening only. The gates shall be retained in this approved form unless otherwise agreed in writing by the Local Planning Authority.

 

         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.

 

17     Prior to first occupation of the development, the vehicle parking shown on approved Drawing no. 835/10 E shall be constructed, surfaced and made available in accordance with the EPOA Parking Standards and maintained free from obstruction within the site at all times for that sole purpose.

        

         Reason - To ensure that on street parking of vehicles in the adjoining streets does not occur in the interests of highway safety and that appropriate parking is provided for each dwelling.

 

18     Any new boundary planting shall be planted a minimum of 1 metre back from the highway boundary and any visibility splay.

        

         Reason - To ensure that the future outward growth of the planting does not encroach upon the highway or interfere with the passage of users of the highway, to preserve the integrity of the highway and in the interests of highway safety.

 

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 Agent, 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.

 

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.

 

Highways Informatives

 

Informative 1: Steps should be taken to ensure that the Developer provides sufficient turning and off-loading facilities for delivery and site worker vehicles, within the limits of the site together with an adequate parking area for those employed in developing the site.

 

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

 

Informative 4: 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 to ensure that appropriate loading / unloading facilities are available to ensure that the highway is not obstructed during the construction period in the interest of highway safety.