Planning Decisions issued by Tendring District Council:

20/01360/FUL

Approval – Full

08.12.2020

Delegated Decision

Dr Graham Parker

Brightlingsea Town Council supported this application

Proposed alterations to the existing property, converting part of a carport to a bathroom and extending first floor dormers.

11 The Woodlands

Brightlingsea

Colchester

Essex

CO7 0RY

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

Reason – To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

02 The development hereby permitted shall be carried out in accordance with the following approved plan: 1704/10B, 1704/11 and 1704/12.

Reason – For the avoidance of doubt and in the interests of proper planning.

20/01413/FUL

Approval – Full

07.12.2020

Mr and Mrs Clubb

Brightlingsea Town Council supported this application.

Proposed single storey side and rear extensions (following demolition of conservatory).

22 Pyefleet Close

Brightlingsea

Colchester

Essex

CO7 0LL

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

Reason – To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

02 The development hereby permitted shall be carried out in accordance with the following approved plan; Drawing No. 01 Revision A.

Reason – For the avoidance of doubt and in the interests of proper planning.

20/01440/FUL

Approval – Full

17.12.2020

Delegated Decision

Mr Clarke

Brightlingsea Town Council supported this application.

Proposed two storey rear extension.

15 Victoria Place

Brightlingsea

Colchester

Essex

CO7 0BX

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

Reason – To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

02 The development hereby permitted shall be carried out in accordance with the following approved plan; Drawing No. 15/VPB/20/2

Reason – For the avoidance of doubt and in the interests of proper planning.

20/01539/FUL

Approval – Full

18.12.2020

Delegated Decision

Mr Steve Totman

Brightlingsea Town Council were neutral on this application, and made the following comments:- BTC have concerns with the overall size of the extension.

Proposed single storey rear extension, conversion of loft space and proposed dormer window.

3 Cedar Avenue

Brightlingsea

Colchester

Essex

CO7 0JZ

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

Reason – To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

02 The development hereby permitted shall be carried out in accordance with the following approved plan: 6725-A-1102-and 6725-A-1202-.

Reason – For the avoidance of doubt and in the interests of proper planning.

20/01377/FUL

Refusal – Full

21.12.2020

Delegated Decision

Tracey Baldwin – Bull & Baldwin Development Ltd

Brightlingsea Town Council objected to this application, and made the following comments:- Brightlingsea Town Council recommend refusal, as the proposal does not appear to cover the policy of the District Council with regard to the sequential test.

Erection of 2 semi-detached houses with parking spaces on a vacant site.

Land adjacent 21

Waterside

Brightlingsea

Essex

CO7 0AY

01 The site lies within tidal Flood Zone 3a defined by the ‘Planning Practice Guidance: Flood Risk and Coastal Change’ as having a high probability of flooding. The proposal is for a proposed demolition of existing dwelling and erection of 9 apartments, associated parking and landscaping, which is classified as a ‘more vulnerable’ development, as defined in Table 2: Flood Risk Vulnerability Classification of the Planning Practice Guidance. Therefore, to comply with national policy the application is required to pass the Sequential and Exception Tests and be supported by a site specific Flood Risk Assessment (FRA).

Paragraph 155 of the National Planning Policy Framework 2019 states inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk. Where development is necessary in such areas, the development should be made safe for its lifetime without increasing flood risk elsewhere. Paragraph 157 states that Local Plans should apply a sequential, risk-based approach to the location of development to avoid where possible flood risk to people and property and manage any residual risk, taking account of the impacts of climate change, by (inter alia) applying the Sequential Test. Paragraph 158 further explains that the aim of the sequential test is to steer new development to areas with the lowest risk of flooding. Development should not be allocated or permitted if there are reasonably available sites appropriate for the proposed development in areas with a lower risk of flooding. The sequential approach should be used in areas known to be at risk now or in the future from any form of flooding.

Saved Policy QL3 of the adopted Tendring District Local Plan 2007 supports this approach by stating that the Council will ensure that flood risk is taken into account at all stages in the planning process to avoid inappropriate development in areas at risk of flooding, whilst for all proposed sites within Flood Zones 2 and 3, the sequential test must be applied to demonstrate that there are no reasonably available sites in a lower flood risk area. These sentiments are echoed in draft policy PPL1 of the emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft 2017, which states that all development proposals will be considered against the National Planning Policy Framework’s flood risk ‘sequential test’ to direct development toward sites at the lowest risk of flooding unless they involve development on land specifically allocated for development.

The application is accompanied by a Flood Risk Assessment to which the Environment Agency raise no objection subject to the Sequential and Exception Tests. Also accompanying the application is evidence in support of an assessment against the Sequential and Exception Tests. The Sequential Test area of analysis is based upon Tendring District Council’s Strategic Housing Land Availability Assessment documents updated 2019 (SHLAA). A summary of the assessment provided is set out below.

A document has been provided to demonstrate that there are no reasonably available sites within a lower probability of flooding that would be appropriate to the type of development or land use proposed. This sequential test reviews 246 sites overall, 217 are sites taken from the SHLAA and the other 29 are identified via a commercial land search, including sites not allocated within the local plan but have been granted planning permission and sites which have not been granted planning permission but would likely be acceptable in principle based on the adopted Local Plan. Of the 217no. SHLAAA sites that have been assessed, 92no. of these sites can be automatically discounted on flood risk grounds (see appendix 2). Of the remaining 125no. sites, only 8no. of these are considered to be comparable to the subject site in terms of size, the others being 0.3ha or larger (over 10x bigger than subject site) and thus not being suitable for the amount of development proposed. In addition to the SHLAA sites 22no. sites have been identified which are currently advertised for sale with the benefit of planning permission or which have had planning permission previously which has expired. Of these 22no. sites, 13no. of these are automatically removed by virtue of having worse flood risk characteristics. Another is removed due to the permission relating to a commercial development. The other 9 sites were discounted due to the site being located outside the settlement boundary, within the local green gap, impact upon the character, the site being too cramped, the site being located within flood zone 2, not able to accommodate two dwellings on the site, undeveloped greenfield, site doesn’t benefit from planning permission, high cost of land and surface water flooding. In addition to the sites identified which benefit from planning permission/have had planning permission in the past, a further 7no. sites are advertised for sale on Rightmove without the benefit if planning. Of these sites 5no. can be instantly disregarded on flood risk grounds. The remaining two were discounted due to the site not benefiting from planning permission and potential issues with access. The second would be considered unviable due to the cost of the site.

Within the most recent appeal decision reference APP/P1560/W/19/3242577 dated 20 march 2020, the Planning Inspectorate stated within paragraph 7 that ‘the proposal is for a pair of semi-detached dwellings. However, the Council has identified a list of 6 sites within Brightlingsea which have secured planning permission for small scale residential developments. All are considered sequentially preferential to the appeal site as they are further from the harbour and therefore likely to be at a lower risk of flooding. In addition, the Tendring Strategic Housing Land Availability Assessment (SHLAA) identified a number of sites around Brightlingsea where residential development could take place that would not be in areas of high flood risk’. The Inspectorate states within paragraph 9 that ‘taking all these factors into account, I find there are other sites that are available for residential development within Brightlingsea which have a lower risk of flooding. For this reason, the proposal fails the Sequential Test’. The Inspectorate concludes within paragraph 11 of the appeal decision that ‘ I therefore conclude that the proposal is unacceptable due to its location within an area of high flood risk. It therefore fails to comply with saved Policy QL3 of the Tendring District Local Plan (2007) which seeks to avoid inappropriate development in areas at risk of flooding. The proposal also conflicts with the Framework’s requirement to direct development away from areas at highest risk of flooding. In addition, it would be contrary to emerging Policy PPL1 of the Tendring District Local Plan 2013-2033 and Beyond which requires proposals to have regard to the tests set out in the Framework to reduce the risk of exposure to flooding’.

The need for a sequential test is also acknowledged through the recent planning appeal reference APP/P1560/W/18/3215282 dated 1st October 2019. The appeal was for the erection of a four bedroom dwelling within Flood Zone 3a. Paragraph 12 states that ‘Development should not be permitted where there are reasonably available sites, appropriate for the proposal, in lower flood risk areas. If the Sequential Test shows it is not possible for the development to be located in zones with a lower risk of flooding (taking into account wider sustainable development objectives) the Exception Test may have to be applied. The PPG5 classifies dwellings as development ‘more vulnerable’ in respect of flood risk. Should the appeal proposal satisfy the Sequential Test, it would therefore then also need to meet an Exception Test, based on it being a more vulnerable development located within a Zone 3a, high probability flood risk area’ . Paragraph 25 concludes that ‘the overriding aim of flooding policy is to direct new development away from areas at highest risk. For the reasons set out above, I find no essential reason to locate the dwelling proposed in a high flood risk area and thus the Sequential Test is not passed. Given that finding, there is no requirement to apply the Exception Test. The application of Framework policies to direct inappropriate development away from areas with the highest risk of flooding provides a clear reason for refusing the development’.

The Sequential Test does not provide a case for the essential siting of the development in this high risk area nor does it provide adequate information to demonstrate that there are no alternative sites available in accordance with the National Planning Policy Guidance for Sequential Tests. Therefore, the quantum of development as proposed under this application, either individually or cumulatively, would be possible in areas at lower risk of flooding. Thus, the Council are not persuaded that the Sequential Test has been passed. It is therefore considered that the proposal has failed the Sequential Test and the benefits of the development do not therefore outweigh the risks of flooding. The proposed residential development is therefore considered to be unacceptable and contrary to the advice contained in the NPPF, NPPG, Policy PPL1 of the emerging Local Plan, and Saved policy QL3 of the 2007 adopted Local Plan.

20/01504/FUL

Approval – Full

22.12.2020

Delegated Decision

Mr A Sauka

Brightlingsea Town Council supported this application

Proposed two storey and single storey extensions and alterations to existing dwelling.

17 Whitegate Road

Brightlingsea

Colchester

Essex

CO7 0EU

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

Reason – To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

02 The development hereby permitted shall be carried out in accordance with the following approved plan: Drawing number: 2035/2 Revision A.

Reason – For the avoidance of doubt and in the interests of proper planning.

20/01599/FUL

Approval – Full

07.01.2021

Delegated Decision

Mr Gilders

Brightlingsea Town Council made no comment on this application.

Proposed rear extension, conservatory and new roof to form additional accommodation

118 Chapel Road

Brightlingsea

Essex CO7 0HE

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

Reason – To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

02 The development hereby permitted shall be carried out in accordance with the following approved plan: DWG. NO. P01.

Reason – For the avoidance of doubt and in the interests of proper planning.

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