Agenda item

Erection of two semi-detached dwellings.

Minutes:

It was reported that this application followed a previous application that had been refused by Members at their meeting held on February 2020 under planning application reference 16/01667/FUL. The application now before the Committee sought full planning permission for the erection of 2 no. three bedroom, semi-detached dwellings 1.5 storey in scale. The previously refused application had sought permission for 2 no. detached dwellings.

 

Members were aware that this application was before the Committee again at the request of Councillors Carlo Guglielmi, Val Guglielmi and Coley on the grounds that the revised development was not in keeping with its surrounds; was considered an overdevelopment of the site; would result in a negative impact on neighbours; and the previous refusal on site was a material consideration that must be followed when determining the application. 

 

The Committee was informed that the application related to the land to the west of number 45 Harwich Road, Lawford. The site extended approximately 0.12 hectares in size and comprised an open grassed area of land between numbers 45 and 44 on the southern side of Harwich Road. On the boundary with the highway there was an established coniferous hedge. To the rear of the site were a range of glasshouses and commercial buildings accessed between the application site and number 45 Harwich Road. Those buildings were mainly redundant or used as storage.

 

The site was located outside of the settlement development boundary as defined within both the adopted Tendring District Local Plan 2007 and the emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft 2017 being almost equidistant from the Ardleigh and Lawford settlements.

 

Of particular relevance in this instance was the appeal decision for number 43 Harwich Road located approximately 20 metres to the west of the application site (appeal reference APP/P1560/W/18/3218683 allowed on 3rd May 2019). Application 18/00649/FUL for the erection of 1 no. 1.5 storey dwelling had been refused due to the location of the site being outside the defined development boundary and future occupants having to rely on their car to go about their everyday lives. However, the Inspector had concluded that the location of bus stops in close proximity to the site and the frequency of the bus service meant that sustainable travel other than by private car would be reasonably practicable in this location.

 

It was felt that the spacing around the dwellings, parking and garden provision in accordance with policy and standards demonstrated that the site would not be overdeveloped. The scale, height, design and appearance of the dwellings would not result in any material harm to the character and appearance of the area.

 

Members were advised that a legal agreement was required for this application in order to secure a financial contribution towards the Essex Coast Recreational Disturbance Avoidance and Mitigation Strategy (RAMS). A completed legal agreement to secure the required contribution had been received on 1st July 2020.

 

Officers considered that the principle of residential development in this location had been established by the recent appeal decision. The application provided a development that was acceptable in terms of design, access, residential amenity and visual impact and was therefore recommended for approval subject to the necessary conditions and legal agreement requirements.

 

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.

 

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

 

(1)        Additional information in relation to other nearby delegated approvals for new dwellings that had been added to the presentation slides as follows;

 

-           19/01911/OUT One detached dwelling – Land Adj. 48 Harwich Road

-           19/01909/OUT One detached dwelling – Land Adj. 44 Harwich Road

-           20/00053/OUT One detached dwelling – Land Adj. 58 Harwich Road

 

(2)        Application 19/01496/OUT for one detached dwelling at Land Adj. 56 Harwich Road was already included as part of the presentation.

 

(3)        A slide showing the previously refused layout under application reference 19/01667/FUL had also been added to the presentation.     

 

Bill Marshall, a local resident, spoke in support of the application.

 

Councillor Valerie Guglielmi, a local Ward Member, spoke against the application.

 

Philip Morphy, the agent on behalf of the applicant, spoke in support of the application.

 

Following discussion by the Committee, it was moved by Councillor Cawthron, seconded by Councillor Fowler and RESOLVED that the Acting Assistant Director (Planning) (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to:

 

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: PMA/516 AB100b, PMA/516 AB101, PMA/516 AB102f, PMA/516 AB103c and PMA/516 AB104c.

 

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

 

3.         Prior to the commencement of any above ground works, precise details of the manufacturer and types and colours of the external facing and roofing materials to be used in construction of the development have been submitted to and agreed, in writing, by the Local Planning Authority. Such materials as may be agreed shall be those used in the development.

 

Reason - The development is publicly visible and therefore sympathetic materials are a visually essential requirement and insufficient information has been provided within the application.

 

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 - In the interests of visual amenity, the quality of the development and the character of the area.

 

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 ensure the adequate retention and maintenance of the approved landscaping scheme for a period of five years in the interests of visual amenity, the quality of the development and the character of the area.

 

6.         No above ground level works shall take place until precise details of the provision, siting, design and materials of screen walls and fences have been submitted to and approved in writing by the Local Planning Authority. The approved screen walls and 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 as insufficient details have been provided with the application.

 

7.         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), no provision of fences, walls or other means of enclosures shall be erected forward of the front elevation of the dwellings hereby approved.

 

Reason - In the interests of visual amenity.

 

8.         Notwithstanding the provisions of Schedule 2 Part 1 Classes A, B, C, D and E of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking and re-enacting that Order with or without modification), no extensions, additions, porches or alterations to the dwellings or their roofs shall be carried out and no outbuildings, enclosures, swimming or other pools shall be erected except in complete accordance with details which shall previously have been approved, in writing, by the Local Planning Authority following the submission of a planning application for such development.

 

Reason - To ensure that sufficient private amenity space for the dwelling is retained in the interests of residential amenities.

 

9.         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 road junction / access is first used by vehicular traffic 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.

           

10.       No unbound materials shall be used in the surface treatment of the existing or new vehicular accesses throughout.

 

Reason - To ensure that loose materials are not brought out onto the highway, in the interests of highway safety.

           

11.       Prior to the first occupation of the proposed dwellings, the existing vehicular access to the 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.

 

12.       Prior to the occupation of the proposed development the private drive, vehicular turning facility and access shall be provided in principal and accord with Drawing Number AB102f.

 

Reason - To ensure sufficient off-street parking provision is provided in the interests of highway safety.

           

13.       Prior to the commencement of development, a Construction Method Statement shall be submitted to and approved in writing by the local planning authority. The Construction Method Statement shall provide for:

 

- safe access to/from the site;

- the parking of vehicles of site operatives and visitors;

- the loading and unloading of plant and materials;

- the storage of plant and materials used in constructing the development;

- wheel washing facilities;

- measures to control the emission of dust and dirt during demolition and construction;

- a scheme for recycling/disposing of waste resulting from demolition and construction works;

- details of hours of deliveries relating to the demolition and construction of the development;

- details of hours of site clearance or construction;

- a scheme to control noise and vibration during the demolition and construction phase, including details of any piling operations.

 

The approved Construction Method Statement shall be adhered to throughout the construction period for the development.

 

Reason - In the interests of residential amenity and highway safety and to reduce the likelihood of complaints of statutory nuisance.

 

14.       Prior to the occupation of the development, full elevation details of the proposed cycle stores shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details prior to occupation and retained in the approved form unless otherwise agreed in writing by the Local Planning Authority.

 

Reason - To ensure appropriate cycle / powered two-wheeler parking is provided in the interest of highway safety and amenity as insufficient details have been provided with the application.

Supporting documents: