Agenda item

To consider the planning application and recommendations of the Interim Head of Planning Services, (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation of the report, Mr Richard Coutts, of Baca Architects, the Agent, addressed the Committee.

Members debated this application in some depth and some had concerns about this application and, in particular, regarding the Tree Preservation Order that had been in place.  Members were of the understanding that the site was a wildlife site of designated county significance.

The Officer advised that whilst the site was partially covered by a Tree Preservation Order (at the northern end of the site), the trees that were protected had been removed in 2014.  There were not many trees now left on the site.

Attention was drawn to the lack of reference in the report to successes that the Council had achieved on appeal relating to sites on the opposite side of the road. 

In addition, concern was also raised that Officers had recommended this application for approval on design alone and had there were reservations about it fitting in with the surroundings.

The Group Manager for Planning Services commented that whilst the Council had won a number of appeals in the vicinity for fairly large schemes, the National Planning Policy Framework (NPPF) did allow certain schemes subject to a number of criteria being met.  Section 55 was the relevant section that highlighted schemes that were truly outstanding and/or innovative.  It was for the decision makers to decide whether this proposal was of a sufficiently high standard to meet the criteria set out.

Conversely, other Members were of the opinion that the design was indeed outstanding and supported the Officer’s recommendation.  Members commented that they considered it to be a special and unusual application.

Members were concerned about the footpath, but the Group Manager for Planning Services advised them that this was not a planning consideration.  He advised against imposing a condition for a footpath, as it would not meet the necessary tests to be upheld.  Following this, a suggestion was made that a permissive right of way could potentially be agreed between the Parish Council and the landowner.

Responding to a question about the enforceability of the conditions, the Group Manager for Planning Services stated that the conditions recommended did, in his opinion, meet the tests and could be upheld.

RESOLVED that this application be APPROVED subject to the following conditions:

1          The development hereby permitted shall begin no later than three years from the date of this decision.

2          The development shall be carried out in accordance with the following approved plans and documents: - Drawing Nos 188-200-001B, 188-200-002A, 188-200-004A, 188-200-005A, 188-200-006A, 188-200-100E, 188-200-101E, 188-200-102C, 188-200-110D, 188-200-111D, 188-200-112D & 188-200-113D and application form.

3          Prior to the construction of the dwelling hereby approved details and samples of the materials to be used in the construction of the external surfaces of the dwelling shall have first been submitted to and approved in writing by the local planning authority.  The development shall be carried out in accordance with the approved details.

4          No development shall commence until scale has been submitted to show all new window frames, external doors and door frames including sections through the head, jamb, cill and glazing bars. The details shall be submitted to and approved in writing by local planning authority. The development shall be carried out in accordance with the approved details and retained as such thereafter.

5          Construction works shall only take place outside the sensitive bird overwintering period (1st October to 31st March inclusive).

6          No development shall commence until details of the siting, height, design and materials of the treatment of all boundaries including gates, fences, walls, railings and piers have been submitted to and approved in writing by the local planning authority.  The screening as approved shall be constructed prior to the first use/occupation of the development to which it relates and be retained as such thereafter.

7          No development shall take place until full details of the provision and subsequent retention of both hard and soft landscape works on the site have been submitted to and approved in writing by the local planning authority. These details shall include:

(i)        Details of proposed schedules of species of trees and shrubs to be planted, planting layouts with stock sizes and planting numbers/densities.

(ii)       Details of the planting scheme implementation programme, including ground protection and preparation, weed clearance, stock sizes, seeding fates, planting methods, mulching, plant protection, staking and/or other support.

(iii)     Details of the aftercare and maintenance programme.

(iv)      The planting scheme and maintenance regime shall reflect the principles outlined in Section 5.2 and Annexe 5 of the Extended Phase 1 Habitat Survey (Preliminary Ecological Assessment) dated August 2016.

The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the commencement of the development unless otherwise agreed in writing by the local planning authority. If within a period of five years from the date of the planting of any tree or plant, or any tree or plant planted in its replacement, is removed, uprooted, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree or plant of the same species and size as that originally planted shall be planted in the same place, unless the local planning authority gives its written consent to any variation.

Hard Landscape works.

(i)        Details of walls with brick types, construction design and dimensions.

(ii)       Details of paved surfacing, with materials finishing and edgings.

The hard landscape works shall be carried out as approved prior to the first use/ occupation of the development hereby approved and retained and maintained as such thereafter.

8          All trees shown as being retained on Appendix 5 (Tree Protection Plan) of the Arboricultural Report dated 15th August 2016 shall be retained. No development shall commence until fencing and tree protection measures to protect the trees and vegetation to be retained has been implemented in accordance with the details set out in the Method Statement for Tree Protection Measures as set out in the Arboricultural Report.  The protective fencing shall be erected before the commencement of any clearing, demolition and building operations and shall be retained until all equipment, machinery and surplus materials have been removed from the site.

The protective fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Within the fenced protection zone nothing shall be stored or placed, no fires lit, no vehicle shall gain access, ground levels shall not be altered, no excavation shall be made and no structure shall be erected. If within five years from the completion of the development a retained shrub or hedge is removed, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, a replacement shrub or hedge shall be planted within the site of such species and size and shall be planted at such time, as specified in writing by the local planning authority.

9          Finished floor levels for the ground floor shall be at least 3.0 metres AOD and for the first floor no less than 6.5 metres AOD.

10        Prior to any development details of any ground raising including levels as compared to the surrounding land shall be submitted to and approved by the local planning authority and the development carried out in accordance with the details so agreed.

11        Prior to the commencement of development details of the proposed connection to the public foul sewer shall be submitted to and approved by the local planning authority and the scheme shall be implemented in accordance with the details so approved.

12        Prior to the commencement of development details of the collection and disposal of surface water drainage shall be submitted to and approved by the local planning authority and the scheme implemented in accordance with the details so approved.

13        Prior to the commencement of development details of the proposed vehicular access and the means of stopping up the existing vehicular access shall be submitted to and approved by the local planning authority and the scheme shall be implemented in accordance with the details so approved. The existing access shall be stopped up and cease to be used within 3 months of the new becoming available.

14        Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking or re-enacting that Order)

I.          no garages, extensions, separate buildings, other structures or swimming pools shall be erected within the site without planning permission having been obtained from the local planning authority.

II.        no dormer window or other form of addition or opening shall be constructed in the roof or gable walls of the building.

III.       no wall, fence, gate or other means of enclosure shall be erected within or around the site.

without the prior grant of planning permission by the local planning authority.

15        No development shall take place, including any works of 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 but not necessarily be limited to the following:

·                   Designated areas for the parking of vehicles of site operatives and visit

·                   Designated areas for the loading and unloading of plant and materials

·                   Designated areas for the storage of plant and materials used in constructing the development

·                   The erection and maintenance of any security hoarding including decorative displays and facilities for public viewing, where appropriate

·                   Wheel washing facilities and protocol for their use

·                   Measures to control the emission of dust, noise and dirt during construction

·                   A scheme for recycling/disposing of waste resulting from demolition and construction works.

16        Prior to the commencement of development details of flood resilience measures to be incorporated into the building, including but not necessarily limited to the measures set out in the Maylandsea Flood Risk Assessment dated December 2016 as well as a Flood Evacuation Plan shall be submitted to and approved by the local planning authority and the development shall be implemented in accordance with the measures so approved.

17        No development shall commence until details of all external illumination of the site including the luminance and spread of light and the design and specification of the illumination within the site has been submitted to and approved by the local planning authority and  shall be installed and retained in accordance with the approved details. There shall be no other lighting of the external areas of the site.