This application is before Members as the application is being made by Tendring District Council.
The application seeks outline planning permission with all matters reserved for the erection of 1 detached dwelling.
This application is before Members as the application was made by Tendring District Council.
The application related to a parcel of land approximately 0.03 hectares in size located to the land adjacent to number 25 Dover Road, Brightlingsea.
The application sought outline planning permission with all matters reserved for the erection of 1 detached dwelling.
On the 18th January 2019 it was corporately agreed by the Portfolio Holder for Finance and Corporate Resources to initiate the process to dispose of the land and to explore the opportunity to develop the land asset for 1 dwelling in order to support local housing provision. This disposal was part of the Council’s land rationalisation project.
The site lied within the Brightlingsea 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. As such the principle of siting 1 dwelling on this land was acceptable subject to the detailed considerations.
The site was not safeguarded open space within either the adopted or emerging Local Plans and was surrounded by existing housing; the site had limited visual amenity value being devoid of any soft landscaping; and the site had limited recreational value lacking any street furniture. The amenity and recreational value of the land was therefore limited and its re-development for 1 dwelling was not considered to result in any significant harm.
The plot size was considered sufficient to accommodate 1 dwelling in a manner which would not result in a cramped development providing sufficient private amenity space and parking for both dwellings, as demonstrated by the accompanying indicative layout plan. The proposed development would appear in keeping with the existing pattern of development and would not result in any significant harm to the character of the area.
The application was accompanied by a completed unilateral undertaking securing the financial contribution toward recreational disturbance in accordance with the Essex coast Recreational disturbance Avoidance and Mitigation Strategy and a financial contribution towards public open space.
Officers consider that sufficient space was available on site to provide a development that, through the submission of a reserved matters application, could achieve a development that would not detract from the character of the area or harm residential amenities. The application was therefore recommended for approval.
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 Acting Planning Manager (TF) in respect of the application.
Following discussion by the Committee, it was moved by Councillor Harris, seconded by Councillor Casey and unanimously RESOLVED:-
that; the Assistant Director (Planning) (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to:
Conditions and Reasons:
1. Application for the approval of Reserved Matters must be submitted before the expiration of three years from the date of this permission.
Reason - To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.
2. The development hereby permitted shall be begun before the expiration of 2 years from the date of approval of the last of the Reserved Matters to be approved.
Reason - To comply with the requirements of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.
3. No development shall be commenced until plans and particulars of "the Reserved Matters" referred to in the above conditions relating to the Access, Appearance, Landscaping, Layout and Scale have been submitted to and agreed in writing, by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason - The application as submitted does not provide sufficient particulars for consideration of these details.
4. 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.
5. No above ground works shall take place until a plan indicating the positions, design, materials and type of boundary treatment to be erected shall be submitted to and approved by the Local Planning Authority. The approved boundary treatment shall be implemented before the dwellings hereby permitted are occupied and retained in this approved form unless otherwise agreed in writing by the Local Planning Authority.
Reason - In the interests of providing adequate privacy for occupiers of the development and neighbouring residential properties and in the interests of visual amenity.
6. 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 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 - In the interests of residential amenities.
7. 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.
Reason - In the interests of sustainable development and to minimise the risk of surface water flooding.
8. The dwelling hereby permitted shall be single storey only.
Reason - In the interests of visual amenity having regard to the character of Dover Road and in order to minimise the visual impact of the development on the open countryside beyond.
Positive and Proactive Statement
The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission 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.
The indicative off street parking arrangement shown in Block Plan Drawing Numbered 1A shows a parking space constrained by structures, the width of this parking space, if confirmed in the FULL application, should be shown at no less than 3.4m in width to enable pedestrian circulatory space around a parked vehicle.
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 firstname.lastname@example.org or by post to:
SMO1 – Essex Highways
Colchester Highways Depot,
653 The Crescent,
The applicant/developer is advised to ensure that the public’s right and ease of passage over the current footpath link to the northern boundary of the site is maintained free and unobstructed at all times. Furthermore, the applicant/developer is advised to work with Essex Highways to achieve enhancements to the current footpath link that adjoins the northern boundary of the site, including a means of physical control e.g. bollards/kissing gate.