Agenda item

To consider the planning application and recommendations of the Chief Executive, (copy enclosed, Members’ Update to be circulated).

Following the Officers’ presentation, Councillor Calver on behalf of Burnham-on-Crouch Town Council and Mr Lewis, the Applicant addressed the Committee.

Councillor P G L Elliott, a Ward Member, referred to the Shoreline Management Plan and then proposed that the application be approved, contrary to Officers’ recommendation.

Councillor R Pratt, the other Ward Member, supported the proposal and made reference to the development adjacent to the site. 

In response to a comment, the Chairman clarified that if Members were mindful to approve this application the Committee could do so without the need to make a recommendation to the Council.

In response to the proposal and comments from Members, the Group Manager - Planning Services reminded the Committee that the site was within Flood Zone 3 and therefore vulnerable to flooding.  Government advice was clear that the Council should not be building dwellings within that Flood Zone.  He outlined the reasons behind the granting of approval on the adjacent site.

Further debate ensued and in response to questions Officers provided the Committee with details including the location of the Council owned land related to this site, the consultation response from the Environment Agency, proposed height of the dwellings and the sequential test. 

Councillor Elliott reiterated his earlier proposal for approval which was duly seconded by Councillor Pratt. 

Councillor A S Fluker requested that if Members were mindful to approve the application that a robust ecology report was sought by way of a condition.

In light of the proposal the Group Manager - Planning Services outlined a number of conditions to be applied if approval was granted.  These were agreed by Members.

The Chairman then put the proposal for approval, contrary to Officers’ recommendation, and upon a vote being taken this was agreed.

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

1          The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2          The development hereby permitted shall be carried out in complete accordance with the approved drawings specifically referenced on this decision notice.

3          No development shall take place until written details or samples of all materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority. The development shall be carried out using the materials and details as approved.

4          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 boundary treatment as approved shall be constructed prior to the first use/occupation of the development to which it relates and be retained as such thereafter.

5          No works or development shall take place until full details of both hard and soft landscape works to be carried out have been submitted to and approved in writing by the local planning authority. These details shall include the layout of the hard landscaped areas with the materials and finishes to be used and details of the soft landscape works including schedules of shrubs and trees to be planted, noting the species, stock size, proposed numbers/densities and details of the planting scheme's implementation, aftercare and maintenance programme. The hard landscape works shall be carried out as approved prior to the beneficial occupation of the development hereby approved unless otherwise first agreed in writing by the local planning authority. 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 first 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.

6          Prior to the commencement of the development a surface water drainage scheme to serve the development shall be submitted to and agreed in writing by the local planning authority. The agreed scheme shall be implemented prior to the first occupation of the development. 

7          Notwithstanding the provisions 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 windows or openings other than those expressly authorised by this permission shall be constructed on the east elevation of House 1 and House 2.

8          Prior to first occupation of the dwelling hereby permitted, the second floor window in the east elevation of House 1 and House serving the shower / bathroom shall be fitted with obscure glass and shall be retained as such thereafter.

9          The dwellings hereby permitted shall not be occupied until the area shown for parking and access on Drawing No: 1638-02 Revision B dated 10.02.2017 has been constructed, surfaced and made available for use in accordance with the approved drawing, and that area shall not thereafter be used for any purpose other than the parking of vehicles.

10        The dwellings hereby permitted shall not be occupied until the measures relating to the management of flood risk contained within the Flood Risk Assessment submitted with the application have been fully implemented.  The measures, which shall include a Flood Warning and Evacuation Plan, shall be retained as such thereafter.

11        The development permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) undertaken by AMBIENTAL Technical Solutions Limited (Phase 1 Flood Risk Assessment (FRA) dated February 2017.  The development shall also be carried out in accordance with the following mitigation measures detailed within the FRA:

1          Finished ground floor levels are set no lower than 2.17m above Ordnance Datum (AOD)

2          Finished first floor levels are set no lower than 5.4 m above Ordnance Datum (AOD)

3          Finished second floor levels are set no lower than 8.4 m above Ordnance Datum (AOD)

The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority.

12        The shed / summer house at House 1 shall only be used for purposes ancillary and incidental to the use of the main dwelling house at the site.

13        Prior to the commencement of the development hereby approved a Phase 1 Habitat Survey and any additional survey work identified by that assessment shall be submitted to and approved in writing by the Local Planning Authority.  In addition, a scheme of protection and mitigation of the impacts of the development on any protected species identified at the site and a scheme of ecological enhancement at the site shall be submitted to and approved in writing by the Local Planning Authority.  The development shall subsequently only be undertaken in full accordance with the approved protection, mitigation and enhancement measures that have been approved.

INFORMATIVE

1          The applicant should ensure the control of nuisances during construction works to preserve the amenity of the area and avoid nuisances to neighbours:

a)         No waste materials should be burnt on the site, instead being removed by licensed waste contractors;

b)         No dust emissions should leave the boundary of the site;

c)         Consideration should be taken to restricting the duration of noisy activities and in locating them away from the periphery of the site;

d)         Hours of works: works should only be undertaken between 0730 hours and 1800 hours on weekdays; between 0800 hours and 1300 hours on Saturdays and not at any time on Sundays and Public Holidays.

At this point the Chairman introduced to the Committee Miss Hannah Bowles, Planning Officer and Mr Ian Harrison, the Development Management Team Leader.