Brightlingsea Town Council

20/00548/OUT

Approval – Outline

16.09.2020

Delegated Decision

Mr Aldridge

Brightlingsea Town Council were neutral on this application, with the following comments:- If Tendring District Council are minded to approve this application, BTC would request that the S106 contributions are allocated to the Town Centre.

Erection of 3 detached dwellings with associated garages and parking

Land East of Stoney Acres

Robinson Road

Brightlingsea

CO7 0ST

01 The development hereby permitted shall be begun before the expiration of two year from the date of approval of the last of the reserved matters to be approved.

Reason – To comply with the requirements of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

02 Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the ate of this permission.

Reason – To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

03 No development shall be commenced until plans and particulars of “the reserved matters” referred to in the above conditions relating to the appearance, landscaping, layout and scale have been submitted to and approved, in writing, by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.

Reason – The application as submitted does not provide sufficient particulars for consideration of these details.

04 All new parking areas and areas of hardstanding shall be made of porous materials, or provision shall be made to direct run-off water from hard surface to a permeable or porous area within the site.

Reason – In the interests of sustainable development and to minimise the risk of surface water flooding.

05 No development shall take place, including any ground works or demolition, until a Construction Management Plan has been submitted to, and approved in writing by, the Local Planning Authority.  The approved plan shall be adhered to throughout the construction period.  The plan shall provide for:

  1. The parking of vehicles of site operatives and visitors
  2. Loading and unloading of plant and materials
  3. Storage of plant and materials used in construction the development
  4. Wheel and underbody washing facilities

Reason – To ensure that on-street parking of these vehicles in the adjoining streets does not occur and to ensure that loose materials and spoil are not brought out onto the highway in the interests of highway safety.

06 Prior to occupation of the development, the road access at its centre line shall be provided with a clear to ground visibility splay with dimensions of 2.4 metres by 43 metres in both directions, as measured from and along the nearside edge of the carriageway.  Such vehicular visibility splays shall be provided before the road / access is first used by vehicular traffic and retained free of any obstruction at all times.

Reason – To provide adequate inter-visibility between vehicles using the road access and those in the existing public highway in the interest of highway safety.

07 Prior to occupation of the development a vehicular turning facility (Size 5 turning head), of a design to be approved in writing by the Local Planning Authority shall be constructed, surfaced and maintained free from obstruction within the site at all times for that sole purpose.

Reason – To ensure that vehicles can enter and leave the highway in a forward gear in the interest of highway safety.

08 No unbound material shall be used in the surface treatment of the vehicular access within 6 metres of the highway boundary.

Reason – To avoid displacement of loose material onto the highway in the interests of highway safety.

09 Prior to the occupation of any of the proposed dwellings, the proposed private drive shall be constructed to a width of 5.5 metres for at least the first 6 metres from the back of Highway Boundary and provided with an appropriate dropped kerb crossing of the verge.

Reason – To ensure that vehicles can enter and leave the highway in a controlled matter and to ensure that opposing vehicles can pass clear of the limits of the highway, in the interests of highway safety.

10 The public’s rights and ease of passage over public footpath no. 8 (Brightlingsea_161) that runs adjacent to the site boundary shall be maintained free and unobstructed at all times.

Reason – To ensure the continued safe passage of the public on the definitive right of way and accessibility.

20/00934/OUT

Refusal – Outline

14.09.2020

Delegated Decision

Mr Karl Summers

Brightlingsea Town Council objected to this application, on the following reasons: (1) It is outside of the Local Plan Development Framework / Envelope; (2) Opposite a Grade I Listed Building; (3) The road is an un-adopted / un-manned road with bad access at both ends; (4) Lime Street has a covenant for boat storage and limited access – March–October; (5) This development is on a flood plain. 

However, if TDC are minded to approve this application, BTC would like to ‘call in’ the application. 

Proposed demolition of 6 lock up garages and erection of 3 two bed houses (all matters reserved)

Land off Lime Street

Brightlingsea

CO7 0BH

01 The site lies outside of any Settlement Development Boundary as defined within both the adopted Tendring District Local Plan (2007) and the emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft (2017).  Saved Tendring District Local Plan (2007) Policy QL1 sets out that development should be focussed towards the larger urban areas and to within development boundaries as defined within the Local Plan.  These sentiments are carried forward in emerging Policy SPL1 of the Publication Draft.  The National Planning Policy Framework 2019 (NPPF) requires Councils to boost significantly the supply of housing to meet objectively assessed future housing needs in full.  In any one year, Councils must be able to identify five years’ worth of deliverable housing land against their projected housing requirements (plus an appropriate buffer to ensure choice and competition in the market for land, account for any fluctuations in the market or to improve the prospect of achieving the planned supply).  If this is not possible, or housing delivery over the previous three years has been substantially below (less than 75%) the housing requirement, paragraph 11 d) of the NPPF requires applications for housing development needing to be assessed on their merits, whether sites are allocated for development in the Local Plan or not.  AT the time of this report, the supply of deliverable housing sites that the Council can demonstrate falls below 5 years and so the NPPF says that planning permission should be granted for development unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the National Planning Policy Framework as a whole.  Determining planning applications therefore entails weighing up the various material considerations.  The housing land supply shortfall is relatively modest when calculated using the standard method prescribed by the NPPF.  In addition, the actual need for housing was found to be much less that the figure produced by the standard method when tested at the recent Examination in Public of the Local Plan.  Therefore, the justification for reducing the weight attributed to Local Plan policies is reduced as is the weight to be given to the delivery of new housing to help with the deficit.

Whilst it is recognised that there would be conflict with Saved Policy QL1 and Emerging Policy SPL1 in terms of the site being sited outside the development boundary, as stated above, in the context of the 5 year housing land supply paragraph 11 d) of the NPPF requires applications for housing development to be assessed on their merits, whether sites are allocated for development in the Local Plan or not and it is important to consider whether any circumstances outweigh this conflict.

Paragraph 8 of the National Planning Policy Framework 2019 (NPPF) sets out the overarching objectives for achieving sustainable development, one being the environmental objective which requires the planning system to contribute to protecting and enhancing our natural, built and historic environment.  Furthermore, Paragraph 127 of the NPPF requires that development should respond to local character and history, and reflect the identity of local surroundings.  It goes onto say that local distinctiveness should be promoted and reinforced.  Saved Policy QL9 and EN1 of the Tendring District Local Plan (2007) and Policy SPL3 and PPL3 of the emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft (June 2017) seeks to ensure that development is appropriate in its locality and does not harm the appearance of the landscape.  Outside development boundaries, the Local Plan seeks to conserve and enhance the countryside for its own sake by not allowing new housing unless it is consistent with countryside policies.  Lime Street contains no dwellings or tall buildings with only sporadic single storey garages and modest storage structures.  Lime Street is well vegetated and open and is semi-rural in character.  The site has some existing vegetation to its boundaries, and with the inclusion of a soft landscaping scheme in a future planning application the site could be further enhanced and screened.  Regardless, the site currently represents a break between the Coastal Protection Belt and the Brightlingsea Settlement; the introduction of residential properties in this location fronting Lime Street will demonstrably urbanise the immediate character of the area and set a harmful precedent for similar forms of future development, the cumulative impacts of which will result in significant harm to the character of the area and landscape character.

The site is within the Coastal Protection Belt where Saved Policy EN3 of the Tendring District Local Plan (2007) and Draft Policy PPL2 of the emerging Tendring District Local Plan 2012-2033 and Beyond Publication Draft (2017) seeks to protect the unique and irreplaceable character of the Essex coastline from inappropriate forms of development.  The proposal in isolation cannot be considered as having a significant impact upon the Coastal Protection Belt.  However, the harmful precedent set by allowing the introduction of dwellings in this location would lead to the continuation of development along Lime Street which would cumulatively have a demonstrable harmful impact upon the character and undeveloped nature of the wider Coastal Protection Belt designation.

Furthermore, the location of the site is considered to lie within the setting of the Brightlingsea Conservation Area and the setting of the Grade I listed Jacobs Hall to the north-east.  Paragraph 184 of the NPPF states that heritage assets are an irreplaceable resource, and should be conserved in a manner appropriate to their significance, so that they can be enjoyed for their contribution to the quality of life of existing and future generations.  Policy EN17 of the adopted Tendring District Local Plan (2007) states that development that would prejudice the setting and surroundings of a conservation area or harm the inward or outward views will be refused.  The aims of this policy are carried forward within Policy PPL8 of the emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft (2017).  Policy EN23 of the adopted Tendring District Local Plan (2007) states that proposals for development that would adversely affect the setting of a Listed Building will not be permitted.  The aims of this policy are carried forward within Policy PPL9 of the emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft (2017).  The submitted information, pertaining to heritage, is not detailed enough and the application is not considered compliant with paragraph 189 of the NPPF which requires the submission of a Heritage Statement.  Based on the limited information submitted, the proposal for three dwellings will cause harm to the setting of the conservation area through development of this historically backland plot which is afforded views from the High Street and Grade I Listed Jacobs Hall.  The development would therefore cause less than substantial harm to both the Brightlingsea Conservation Area and Grade I Listed Jacobs Hall.

Whilst it is recognised that the development meets the social and economic objectives of sustainable development, the environmental harm identified above demonstrably outweighs these benefits.  Regardless of the Council’s 5 year housing supply, the development is considered unacceptable.

02 Policy COM6 of the adopted Tendring District Local Plan 2007 states “For residential development below 1.5 hectares in size, developers shall contribute financially to meet the open space requirements of the development in proportion to the number and size of dwellings built”.

There is currently a deficit of 13.68 hectares of play and formal open space in Brightlingsea.

Any additional development in the Brightlingsea area will increase demand on already stretched play facilities and formal open space.  As the current play facilities and formal open space are not considered adequate to satisfy any additional development it is felt a contribution towards increasing the play facilities and formal open space is relevant and justified to the planning application.  Any contribution would be used to make improvements at Western Promenade.

A completed legal agreement has not been provided to secure this planning obligation and the proposal therefore fails to comply with the above-mentioned local plan policy.

03 Under the Habitats Regulations, a development which is likely to have a significant effect or ad adverse effect (alone or in combination) an a European designated site must provide mitigation or otherwise must satisfy the tests of demonstrating ‘no alternatives’ and ‘reasons of overriding public interest’.  There is no precedent for a residential development meeting those tests, which means that all residential development must provide mitigation.  The contribution is secured by unilateral undertaking.

The application scheme proposes new dwellings on a site that lies within the Zone of Influence (ZoI) being but is approximately 550 metres from the Colne Estuary SPA and Ramsar and the Essex Estuaries SAC.  New housing development with the ZoI would be likely to increase the number of recreational visitors to the Colne and Essex Estuaries and, in combination with other developments it is likely that the proposal would have significant effects on the designated site.  Mitigation measures must therefore be secured prior to occupation.

A proportionate financial contribution has not been secured in accordance with the emerging Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) requirements.  As submitted, there is no certainty that the development would not adversely affect the integrity of Habitats sites.

The proposal is therefore considered to be contrary to Policies EN6 and EN11 of the Saved Tendring District Local Plan 2007, Policy PPL4 of the emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft and Regulation 63 of the Conservation of Habitat and Species Regulations 2017.

20/00993/FUL

Approval – Full

17.09.2020

Delegated Decision

Mr Sutharsan Shanmuganathan

Brightlingsea Town Council supported this application.

Proposed change of use of existing garage/store to form an additional unit for use classes A1 and A5 with associated works (resubmission of approval 20/00111/FUL with amendments)

61-63 High Street

Brightlingsea

CO7 0AQ

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: drg no 932/SHA/2A.

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

03 Prior to the commencements of any A5 Use Class (as defined in the Town and Country Planning (Use Classes) Order 1987 (or any Order amending, revoking and re-enacting that order) within the unit hereby approved, full details of the extraction, air conditioning and/or refrigeration equipment shall be submitted to and approved in writing by the Local Planning Authority, and the use shall not be operated until the approved extraction, air conditioning and/or refrigeration systems have been provided in accordance with the approved details.  The approved system(s) shall thereafter be serviced and maintained in the agreed form, and no other system(s) shall be used.

Reason – In the interest of the visual amenity of the conservation area, and to ensure the protection of the residential amenities of the occupants of the surrounding residential properties.

04 The A1 use hereby permitted shall not be open outside the following times:

06.00- 22.00 hrs Monday to Sunday and Bank Holidays

The A5 use hereby permitted shall not be open outside the following times:

12 noon to 22.00 hrs Monday to Sunday and Bank Holidays

Reason – To ensure the use of the site is appropriate to the locality and to safeguard the amenities of local residents.

20/00473/OUT

Approval – Outline

25.09.2020

Committee Decision

Miss Vidmante Minkevicuite

Brightlingsea Town Council were neutral on this application, with the following comments:- This has been classed as amenity land for many years.  Brightlingsea Town Council reserves its comments until the detailed planning application is received.

One detached dwelling

Land adjacent 25 Dover Road

Brightlingsea

CO7 0PS

01 Application for the approval of Reserved Matters must be submitted before the expiration of three years from the date of this permission.

Reason – To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

02 The development hereby permitted shall be begun before the expiration of 2 years from the date of approval of the last of the Reserved Matters to be approved.

Reason – To comply with the requirements of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

03 No development shall be commenced until plans and particulars of “the Reserved Matters” referred to in the above conditions relating to the Access, Appearance, Landscaping, Layout and Scale have been submitted to and agreed in writing, by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.

Reason – The application as submitted does not provide sufficient particulars for consideration of these details.

04 Prior to the commencement of development, a Construction Method Statement shall be submitted to and approved in writing by the Local Planning Authority.  The Construction Method Statement shall provide for:

  • Safe access to/from site;
  • The parking of vehicles of site operatives and visitors;
  • The loading and unloading of plant and materials;
  • The storage of plant and materials used in constructing the development;
  • Wheel washing facilities;
  • Measures to control the emission of dust and dirt during demolition and construction;
  • A scheme for recycling/disposing of waste resulting from demolition and construction works;
  • Details of hours of deliveries relating to the demolition and construction of the development;
  • Details of hours of site clearance or construction;
  • A scheme to control noise and vibration during the demolition and construction phase, including details of any piling operations.

The approved Construction Method Statement shall be adhered to throughout the construction period for the development.

Reason – In the interests of residential amenity and highway safety.

05 No above ground works shall take place until a plan indicating the positions, design, materials and type of boundary treatment to be erected shall be submitted to and approved by the Local Planning Authority.  The approved boundary treatment shall be implemented before the dwellings hereby permitted are occupied and retained in this approved form unless otherwise agreed in writing by the Local Planning Authority.

Reason – In the interests of providing adequate privacy for occupiers of the development and neighbouring residential properties and in the interests of visual amenity.

06 Notwithstanding the provisions of Article 3, Schedule 2 Part 1 Classes A, B, C and E 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), there shall be no additions or alterations to the dwelling or its roof, nor shall any buildings, enclosures, swimming or other pool be erected except in accordance with drawings showing the design and siting of such additions and/or building(s) which shall previously have been submitted to and approved, in writing, by the Local Planning Authority.

Reason – In the interests of residential amenities.

07 All new parking areas and areas of hard standing shall be made of porous materials, or provision shall be made to direct run-off water from the hard surface to a permeable or porous area within the site.

Reason – In the interests of sustainable development and to minimise the risk of surface water flooding.

08 The dwelling hereby permitted shall be single storey only.

Reason – In the interests of visual amenity having regard to the character of Dover Road and in order to minimise the visual impact of the development on the open countryside beyond.

20/01192/TCA

Approval – Full

30.09.2020

Delegated Decision

Dr Michael Smith

Brightlingsea Town Council supported this application, subject to TDC’s Tree Officer’s observations.

1 Yucca – Fell

73 Hurst Green

Brightlingsea

CO7 0EH

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Site designed and maintained by Big Red Web Design. Webmaster.