19/00776/FUL

Refusal – Full

17.07.2019

Delegated Decision

Mr Warren Edwards

 

Brightlingsea Town Council supported this application.

Proposed demolition of existing rear garage and construction of new garage.

 

41 Silcott Street

Brightlingsea

Colchester

Essex CO7 0DS

 

01 The National Planning Policy Framework 2019 attaches great importance to the design of the built environment and confirms good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people. It is important to plan positively for the achievement of high quality and inclusive design for all development, including individual buildings.   Permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions.

 

The adopted Tendring District Local Plan 2007 Saved Policies QL9, QL10 and QL11 seek to ensure that all new development makes a positive contribution to the quality of the local environment and character, by ensuring that proposals are well design, relate satisfactorily to their setting and are of a suitable scale, mass and form.   The sentiments are carried forward in Policy SPL3 of the merging Local Plan Publication Draft 2017.

 

The proposed structure, by reason of its height, mass, scale and, being highly visible in the street scene, would dominate and irrevocably harm the character of the street scene which is on that comprises subordinate structure, rear boundary fencing and informal parking spaces, which clearly belong to the back-gardens of properties on Silcott Street; contrary to the aforementioned policies.

19/00652/LUPROP

Lawful Use/development Refused

25.07.2019

Delegated Decision

Mr Richard Dukes

 

This application was for information only.

 

 

Proposed porch and bay window.

 

40 Eastern Road

Brightlingsea

Colchester

Essex CO7 0HU

 

01 The application seeks confirmation that a front porch and front bay window are lawful. The floor area of the porch (measured externally) would be 3.63m2, so exceeds the limits of Schedule 2, Part 1 Class D.1 (b) of the Town and Country Planning (General Permitted Development) (England) Order 2015. The front bay window would extend beyond a wall which fronts a highway and forms the principal elevation of the original dwelling house, so exceeds the limits of Schedule 2, Part 1 Class AD.1 (e) of the Town and Country Planning (General Permitted Development) (England) Order 2015. The proposed development therefore does not constitute permitted development.
19/00800/FUL

Approval– Full

24.07.2019

Delegated Decision

Mr and Mrs J Payne

 

Brightlingsea Town Council supported this application.

Two storey rear extension with alterations (amendment to previously approved application 19/00360/FUL). 102 Church Road

Brightlingsea

Colchester

Essex CO7 0QH

 

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 plans: Drawing number 1810/876-102 Revision C.

 

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

 

03 Notwithstanding the provisions of Article 3, Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), the new window on the south side elevation serving the bathroom shall be glazed in obscure glass before the development hereby permitted is first occupied and shall thereafter be permanently retained in this approved form.

 

Reason – To protect the privacy and amenities of the occupiers of adjoining property.

 

19/00841/COUNOT

Prior approval required – deemed application refused

23.07.2019

Delegated Decision

C/o Agent

 

This application was for information only.

Proposed change of use of an agricultural building to one dwelling.

 

Folkards Barn

Folkards Lane

Brightlingsea

Essex CO7 0SJ

 

01 Schedule 2, Part 3, Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015 states, under Q.1 (a) that works are not permitted by Class Q if:

 

–       The site was not used solely for an agricultural use as part of an established agricultural unit:

(i) 20th May 2013 or

(ii) in the case of a building which was in use before that date but was not in use on that date, when

it was last in use; and

 

In this instance, the building does not appear to have been used solely for an agricultural use as part of an established unit, instead an equestrian use form stables and a storage barn. The land surrounding the building appears to be used for the grazing of horses only. The information provided by the applicant supports this view by stating that the use in recent years has been equestrian only as there has been no requirement for the land for sheep grazing. Consequently, there is insufficient evidence to show that the building is or was in agricultural use thereby failing the criteria listed above.

 

The proposal is therefore considered to fail sections Q.1 (a) of Schedule 2, Part 3, Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015.

 

02 Paragraph 180 of the National Planning Policy Framework (2019) states that planning policies and decisions should ensure that new development is appropriate for its location taking into account the likely effects (including cumulative effects) of pollution on health, living conditions and the natural environment, as well as the potential sensitivity of the site of the wider area to impacts that could arise from the development. In doing so they should: a) mitigate and reduce to a minimum potential adverse impacts resulting from noise from new development – and avoid noise giving rise to significant adverse impacts on health and the quality of life.

 

Policy QL11 of the Saved Plan states that amongst other criteria, development will only be permitted if the scale and nature of the development is appropriate to the locality and the health, safety or amenity of any occupants or users of the proposed development will not be materially harmed by any pollution from an existing or committed use.   These sentiments are carried forward in Policy SPL3 of the Tendring District Local Plan 2013-2033 and Beyond Publication Draft (June 2017).

 

In the absence of a full noise assessment it cannot be adequately demonstrated that future residents would not be subjected to adverse levels of noise from the existing commercial kennels and cattery located in close proximity to the south. As a result it cannot be proven that future residents will have a sufficient level of residential amenity or that the existing business will be compromised through the potential for noise complaints. The development therefore fails to comply with the above mentioned national and local planning policies.

19/00753/FUL

Refusal – Full

30.07.2019

Delegated Decision

Ms Abi Coates

 

Brightlingsea Town Council supported this application.

Proposed dormer window.

 

40 Maltings Road

Brightlingsea

Essex

CO7 0RG

 

01 The adopted Tendring District Local Plan (2007) “Saved” Policies QL9, QL10 and Ql11 seek to ensure that all new development makes a positive contribution to the quality of the local environment and character, by ensuring that proposals are well designed, relate satisfactorily to their setting and are of a suitable scale, mass and form.   These sentiments are carried forward in Policy SPL3 of the Tendring District Local Plan 2013-2033 and Beyond Publication Draft (June 2017).

 

The National Planning Policy Framework 2019 (NPFF) attaches great importance to the design of the built environment and confirms good design is a key aspect of sustainable development , is indivisible from good planning, and should contribute positively to making places better for people. It is important to plan positively for the achievement of high quality and inclusive design for all development, including individual buildings.   Planning policies and decisions should ensure that developments are visually attractive as a result of good architecture and are sympathetic to local character and history including the surrounding built environment and landscaping setting. Permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area.

 

Furthermore, the Essex Design Guide (2005) offers detailed guidance on what is acceptable design in relation to dormers. It states that they should be a minor incident in the roof plane and not over-dominant in their composition.   Their purpose should be to light the roof space not gain extra headroom over any great width and they should not be located close to verges or hips.

 

The proposed front dormer is considered to be of a poor design in an area of Maltings Road that is strongly characterised by low level semi-detached bungalows with an absence of bulky front roof additions. In its current form, the existing bungalow is not prominent in the street scene. However the proposed works, notably the excessive width and bulk of the proposed dormer on the front roof slope along with the unusual shape of the dormer roof would be highly visible and would result in an incongruous form of development that would result in serious harm to the character of the area. The large dormer window positioned highly within the roof slope, close to the ridge is considered poor in design terms and only exacerbates the over-dominance of the roof.

 

For the reasons set out above, the poor design and scale of the proposed dormer together with its over-dominant nature and siting on the front elevation will result in an unacceptable and unduly prominent form of development to the serious detriment of visual amenity and the character of the area. The proposal is therefore contrary to the aims and aspirations of the afore-mentioned policies and guidance.

 

Report Potholes

Essex County Council is responsible for highways in and around Brightlingsea. Report potholes directly here.

Text-to-speech

Most articles on this site feature a "Listen" button - when clicked you will hear the text read back. Make sure your speakers are on and the volume is turned up.

FixMyStreet

FixMyStreet directs reports of problems with your street, such as failed streetlights, to the correct local authority department.

Discover Brightlingsea

Read the annual town guide produced by the Town Council. 

© Brightlingsea Town Council 2011 – .
Site designed and maintained by Big Red Web Design. Webmaster.

© Brightlingsea Town Council 2011 – .
Site designed and maintained by Big Red Web Design. Webmaster.