Agenda item

RES/MAL/16/01475 - The Summer House, Back Lane, Wickham Bishops

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

Minutes:

Application Number

RES/MAL/16/01475

Location

The Summer House Back Lane Wickham Bishops Essex

Proposal

Reserved matters application for the approval of appearance, landscaping and scale on outline planning application OUT/MAL/13/00118 allowed on appeal ref APP/X1545/A/13/2201061 (Demolition of two storey detached double garage with workshop and demolition of storage shed.  Removal of hard surfaced tennis court including means of enclosure and erection of single dwelling house)

Applicant

Mr David Brown

Agent

N/A

Target Decision Date

N/A

Case Officer

Yee Cheung

Parish

Wickham Bishops

Reason for Referral to the Committee / Council

This Reserved Matters is presented to Members at the North Western Area Planning Committee following a Judicial Review where the decision notice issued by the Council on 24 April 2017 was quashed by the High Court on 9 February 2018. 

 

The Committee received the Officers presentation.  The Development Management Team Leader advised Members that a tree protection plan and the Wickham Bishops Village Design Statement was considered by the Officer, however this had not been mentioned in the report.

 

Following the Officers presentation, the Committee heard from Mr David Pearl, an Objector, Parish Councillor Ian McGregor, and Mrs Linnette Brown, the applicant.

 

It was noted that the Deputy Monitoring Officer had been consulted for legal advise on the application.

 

In response to questions from Members, the Development Management Team Leader confirmed that the size of the building was noted under section 5.2.19 of the Officers report and that Condition 8 related to the protection of trees during the development.

 

Following a vote on the Officers recommendation, the application was approved with five votes in favour and one Member abstaining.

 

RESOLVED that the application be APPROVED in accordance with the Officers recommendation and subject to the following conditions:

 

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

            REASON  To comply with Section 91(1) of The Town & Country Planning Act 1990 (as amended).

2          Subject to the second paragraph of this condition, the development hereby permitted shall be carried out in complete accordance with the approved drawings Location Plan: 12.2005/M002 dated 10 January 2013; Site Layout / Block Plan Drawing No: 16.09.03 Revision B dated 27 February 2017; Proposed Floor and Roof Layout Plan Drawing No: 16.09.01 Revision A dated 3 February 2017; East ‘Street Scene’ Elevation Drawing No: 16.09.04 Revision A dated 4 February 2017; Proposed Elevations Drawing No: 16.09.02 Revision A dated 3 February 2017, DB/SUM/01 and DB/SUM/02.

            Notwithstanding the details shown on plan 16.09.03 Revision B (dated 27 February 2017) no trees shall be felled or removed unless specifically shown on the Tree Protection Plan (DB/SUM/01)

            REASON  To ensure that the development is carried out in accordance with the details as approved.

3          The external surfaces of the development hereby approved shall be constructed of materials and finish as detailed below and retained as such thereafter:-

Dwellinghouse

Roof Tiles: Barrow: ‘Brindle Mix’ by Wienerberger Ltd

            Brickwork: Durham Red Multi by Wienerberger Ltd

            Render: White painted finish

            Joinery: Timber

            Porch frame: Natural oak

            Black rainwater goods and downpipes

REASON To ensure the external materials to be used in construction of the development is appropriate and in keeping with properties in the locality accordance with policy D1 of the Maldon District LDP.

4          The access and parking areas shall be constructed, surfaced, laid out and made available for such purposes in accordance with the approved Drawing: 16.09.03 Revision B dated 27 February 2017 and shall be retained as such thereafter.

REASON  In the interest of highway safety and to ensure appropriate parking is provided in accordance with policies D1 and T2 of the Maldon District Local Development Plan and to follow from condition 6 of the outline planning permission.

5          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)no first floor windows or other form of opening shall be constructed on the northern flank wall of the dwellinghouse hereby permitted without planning permission having been obtained from the Local Planning Authority.

REASON  To protect the amenity of the neighbouring residential properties to the north of the site in accordance with policy D1 of the Maldon District LDP.

6          Prior to the commencement of the development details of the surface water and foul water drainage to serve the development shall be submitted to and approved in writing by the Local Planning Authority.  The scheme shall be completed before the building is occupied in accordance with the approved details.

REASON   To prevent the undue contamination of the site in accordance with policy D2 of the Maldon District LDP.

7.         Notwithstanding the content of the Landscape Plan  (DB/SUM/02) hereby approved, prior to the commencement of the development hereby approved, details of the siting and species of a third replacement fruit tree at or adjacent to the west boundary of the site shall be submitted to and approved in writing by the Local Planning Authority.

Subject to and including the abovementioned revision, all soft landscaping shown on the Landscape Plan (DB/SUM/02) shall be planted during the first planting season following the occupation of the dwelling hereby approved.  If within a period of five years from the date of the planting of any tree or plant that 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.

REASON   To ensure the suitable replacement of trees at the application site in the interest of local visual amenity in accordance with policies D1 and S8 of the Maldon District LDP.

8.      Notwithstanding the details shown on plans 16.09.03 Revision B (dated 27 February 2017), prior to the commencement of development, details of the precise location and routes of all soakaways, inspection chambers, pumping stations, pipework and other such infrastructure related to foul and surface water drainage shall be submitted to and approved in writing by the Local Planning Authority.  The development shall subsequently be undertaken only in full accordance with the approved details.

REASON   In the interests of tree protection at the site in accordance with the NPPF and policies D1 and S8 of the Maldon District LDP.

Supporting documents: