Agenda item

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

Following the Officers’ presentation the Applicant, Mr Robinson addressed the Committee.

Councillor A S Fluker advised that Ashedlham and Dengie Parish Council had supported the proposal. Referring to the location of the site he compared it to other sites further away from amenities than this site which had been granted permission.  He highlighted the location of the local bus stop and how the Planning Inspectorate had recently deemed this location to be sustainable.  Councillor Fluker felt that the site was sustainable by virtue of what the Planning Inspector had previously said and then proposed that the application be approved, contrary to Officers’ recommendation.  This proposal was duly seconded.

In response to a question, the Development Control Officer confirmed that there was no material difference between this application and the one previously refused on this site. 

In response to questions regarding inconsistencies and sustainability the Group Manager - Planning Services advised that if Members were mindful to approve the application they had to consider what had been done to overcome the material considerations.  He reminded Members to be mindful that this application was the same as the application previously refused.  The Officer informed the Committee that the Council could now demonstrate a five year housing land supply and this was a material considered when determining this application.

A debate ensued.  The Group Manager - Planning Services drew Members’ attention to paragraph 5.1.4 of the report which highlighted how this application was commensurate with the previously refused planning application and dismissed appeal. 

The Chairman put the proposal of approval, contrary to Officers’ recommendation to the Committee.  Upon a vote being taken this was agreed.  In light of the approval the Group Manager - Planning Services outlined a number of conditions to apply to the approval and these were agreed along with a condition regarding a planting scheme.

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

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 as well as the submitted detailed specifications.

3          No development shall commence until full details of the materials to be used in the external surfaces of the development hereby approved have been submitted to and approved in writing by the local planning authority.  The development shall be carried out in accordance with the details as approved.

4          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.

5          The development hereby permitted shall not be occupied until such time as the drive and parking area indicated on the approved plans has been provided.  The vehicle parking area shall be retained in this form at all times. The vehicle parking area shall not be used for any purpose other than the parking of vehicles that are related to the use of the approved development unless otherwise agreed with the Local Planning Authority.

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.

The applicant shall demonstrate that the surface water scheme will ensure that as a minimum:

·                 Run-off from the site is limited to greenfield rates for a storm event that has a 100% chance of occurring each year (1 in 1 year event)

·                 The development should be able to attenuate (manage water on site) for 1 in 100 year events plus 40% climate change allowance

·                 If the land is designated as a Brownfield Site it should aim to limit run-off for a storm event that has a 100% chance of occurring each year (1 in 1 year event) OR demonstrate 50% betterment of the current rates

7          Full details of the proposed sewage treatment plant shall be submitted to and approved in writing by the local planning authority.  The scheme as approved shall be implemented and fully operational prior to the occupation of the development and retained as such thereafter.

8          Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) (England) Order 2015 (or any Order amending, revoking or re-enacting that Order) no garages, extensions or separate buildings (other than ancillary outbuildings not exceeding 10 cubic metres in volume) shall be erected within the site without planning permission having been obtained from the local planning authority.

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.