Brightlingsea Town Council

 

15/00831/FUL

Approval – Full

21.07.2015

Delegated Decision

East of England Co-operative Society

 

Creation of 4 first floor flats in old warehouse inc. new entrance lobby, replacement gates and first floor window.21 Station Road

Brightlingsea

 

 

             Brightlingsea Town Council Recommended Objection – The Town Council has serious reservations due to the lack of parking facilities in the area of Victoria properties with no parking, increasing the problems associated with parking in the area and the absence of provision for refuse

 

 

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 not be carried out except in complete accordance with the details shown on the submitted Drawings No.73_C and 74_B.

 

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

 

03        Prior to first occupation of Flat 3 as shown upon Drawing No.74B, the windows to that flat facing onto No.19 Station Road shall be installed as described upon that drawing and thereafter retained as such at all times.

 

Reason – In the interest of residential amenity and privacy.

 

04        The existing timber sliding sash windows to the first floor shall be retained as such at all times and the new window to the western elevation shall match the existing timber sliding sash windows in its construction, materials and finish.

 

Reason – In order to preserve the character and appearance of the building in the conservation area.

 

05        Before any works to insert new external doors are commenced, drawings to a scale of not less than 1:20 showing the joinery and external finish shall be submitted to and approved in writing by the Local Planning Authority and no such works shall be undertaken except in accordance with the approved details.

 

Reason – In order to preserve the character and appearance of the building in the conservation area.

 

06        Upon first and subsequent occupation of any flat hereby permitted, the resident(s) shall be registered with the Environment Agency’s flood warning service.

 

Reason – So that residents may be made aware of potential flooding events in advance.

 

 

 

15/00436/FUL

Split decision

27.07.2015

Delegated Decision

Mr Mark Gridley

 

Brightlingsea Town Council Recommended Approval – BTC are delighted to see this application.

1) To insert steel work and a roof above the fence running along one side of the pitch, the same side as the current stand.  

2) To insert 3 lean to structures for spectators to be able to be sheltered from the weather.

Brightlingsea United Football Club

North Road

Brightlingsea

 

 

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, with the exception of the new stand at the western (Seaview Gardens) end of the ground as referenced in Condition 4, shall be carried out in accordance with the following approved plans: Proposed new Mono pitch shelters for spectators, 1:1250 Location Plan, 1:500 Block Plan, 1:200 North Road Elevation, 1:200 North Road Side Plan and 1:50 Shelter elevations.

 

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

 

03        Prior to commencement or at a later date agreed in writing by the Local Planning Authority a scheme of soft landscaping works along the northern boundary of the site, which shall include, planting plans, schedules of plants, noting species, planting sizes and proposed numbers/densities and implementation timetables shall be submitted to and approved, in writing, by the Local Planning Authority. This planting shall be maintained to encourage its establishment for a minimum of five years following contractual practical completion of the development. Any trees or significant areas of planting which are removed, die or become, in the opinion of the Local Planning Authority, seriously damaged or defective within this period shall be replaced as soon as is reasonably practicable.

 

Reason – To ensure the provision of amenity afforded by appropriate landscape design.

 

04        The new shelter proposed at the western end (Seaview Gardens) of the ground as shown on 1:500 Block Plan is REFUSED. The shelter is considered contrary to the National Planning Policy Framework (2012), saved Policy QL11 of the Tendring District Local Plan (2007) and Policy SD9 of the Tendring District Local Plan: Proposed Submission Draft 2012 as amended by the Tendring District Local Plan: Pre-Submission Focused Changes (2014).

 

The Framework states that 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.

 

Saved Policy QL11 and draft Policy SD9 state all new development should make a positive contribution to the quality of the local environment and protect or enhance local character. Planning permission will only be granted where new development relates well to its site and surroundings particularly in relation to its siting, height, scale and materials.

 

The shelter proposed at the western end of the ground would be in very close proximity to the rear boundaries of the properties immediately adjacent to this boundary with the application site. It is the case that the residential properties adjoining this western boundary of the application site only benefit from very small rear garden areas. On this basis it is considered that the proposed shelter due to its overall scale and proximity to the boundaries with the immediate neighbours in Seaview Gardens would result in an overbearing form of development that would also introduce significant levels noise and disturbance in close proximity to the small garden areas of these properties resulting in material harm to the residential amenities of these immediate neighbours.

 

15/00812/LUEX

Lawful Use Certificate Granted

27.07.2015

Delegated Decision

A P Engineering UK Ltd – Mr Alexander Pudnay

 

Brightlingsea Town Council noted this application

Use of site as constructional engineering, fabricating and welding (Class B2).126 New Street

Brightlingsea

 

 

01        The Local Planning Authority is satisfied that sufficient evidence has been provided to demonstrate that, on the balance of probability, the site known as 126 New Street, Brightlingsea, Essex, CO7 0DJ has been used for constructional engineering, fabricating and welding within Class B2 of the Town and Country Planning (Use Classes) Order 1987 as amended, for a continuous period of at least 10 years prior to the date of this application.

 

Therefore a Certificate of Lawful Existing Use should be granted in accordance with Section 191 of the Town and Country Planning Act 1990 for this use only.

 

The use of land as noted above is immune from enforcement action under Section 171B of this Town and Country Planning Act 1990 (as amended) and is now considered to be lawful.

 

15/00843/LUEX

Lawful Use Certificate Granted

29.07.2015

Delegated Decision

Miss Joanne Bell

 

Brightlingsea Town Council made no further comment on this application

Continued use of bungalow as dwelling house (Class C3).Dar Taghna

Church Road

Brightlingsea

 

 

01        The Local Planning Authority is satisfied that on the balance of probability, the use described in the First Schedule has taken place for a continuous period of at least four years prior to the date of this application and that a Certificate of Lawful Existing Use should therefore be granted in accordance with Section 191 of the Town and Country Planning Act 1990. The use of the land as noted below is immune from enforcement action under Section 171B of the Town and Country Planning Act 1990 (as amended) and is now considered to be lawful.

 

15/01019/HHPNOT

HHPN – Prior Approval Is Given

03.08.2015

Delegated Decision

Tony Beard

 

Brightlingsea Town Council noted this application

New conservatory 5.2m in depth and 3.197m in height (top 3 panels to the east facing side elevation to be obscure glass).34 Red Barn Road

Brightlingsea

 

 

01        Amended New Conservatory Plan received on the 28th July 2015, 1:500 scale block plan and annotated photograph.

 

15/00704/FUL

Refusal – Full

11.08.2015

Delegated Decision

Mr Dennis Ingate

 

Brightlingsea Town Council made no comment on this application, but do not like retrospective planning applications

Build a wall separating the car park from the footpath along the highway for safety and business reasons.The Brewers Arms

1 Victoria Place

Brightlingsea

 

 

01        The proposal for the retention of a brick wall is considered contrary to the National Planning Policy Framework (2012), saved Policies QL9, QL11, EN17 and EN23 of the Tendring District Local Plan (2007) and draft Policies SD9, PLA6, PLA7 and PLA8 of the Tendring District Local Plan: Proposed Submission Draft 2012 as amended by the Tendring District Local Plan: Pre-Submission Focussed Changes (2014).

 

The Framework 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 Framework also states that Local planning authorities should require an applicant to describe the significance of any heritage assets affected. Local planning authorities should identify and assess the particular significance of any heritage asset that may be affected by a proposal (including by development affecting the setting of a heritage asset) taking account of the available evidence and any necessary expertise. They should take this assessment into account when considering the impact of a proposal on a heritage asset, to avoid or minimise conflict between the heritage asset’s conservation and any aspect of the proposal. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification.

 

Saved Policy EN17 states development will be refused where it would prejudice the setting and surroundings of a Conservation Area or harm the inward or outward views. Saved Policy EN23 states development that would adversely affect the setting of a listed building, including group value and long distance views will not be permitted.

 

Draft Policy PLA7 states permission will not be granted for development outside but near to a Conservation Area if it detracts from that Area’s character or its setting. Draft Policy PLA8 states development affecting a listed building or its setting will only be permitted where it a) is justified through an assessment of the works and their impact on the listed building and its setting provided as part of the application; b) does not have an unacceptable effect on the special architectural or historic character and appearance of the building or setting; and e) is of appropriate scale and design. Saved Policy QL9 and Draft Policy SD9 states all new development must make a positive contribution to the quality of the local environment, new proposals must be well designed and maintain local character, and development must relate well to its site and surroundings particularly in relation to its siting, scale and design.

 

The wall seeking permission to be retained is located in a prominent location within the Brightlingsea Conservation Area within the curtilage of the Grade II Listed – ‘Brewers Arms Public House’. It is considered that the use of multi yellow and red engineering brickwork along with the provision of stainless steel flower tubs to each pier is not sympathetic to the character and appearance of the conservation area or the setting of the listed building. The materials and detailing used in the construction of the wall do not preserve or enhance the character or appearance of the area and result in the wall appearing incongruous, unsympathetic and detrimental to the special character and appearance of the Brightlingsea Conservation Area and setting of the listed building.

 

The significant detrimental impact that the development has upon the conservation area and the setting of the listed building is reflected by the lack of any detailed analysis within the application supporting documents in respect of the significance of the heritage assets affected and an understanding of the impact of the development upon their significance.

 

15/01027/FUL

Approval – Full

13.08.2015

Delegated Decision

Rose Builders Ltd

 

Brightlingsea Town Council have no reason to object to this application

 

Variation of condition 2 of 13/01324/FUL. General elevation amendments to add more detailing to the eaves and to add a plinth. To amend the window sizes/door layouts. The addition of a utility room to Plot 1 and the slight shortening of the proposed garage.The Vicarage

Richard Avenue

Brightlingsea

 

 

01        The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, number(s) 788/12A, 788/10A, 788/11A, 788/13A and 788/14 and OS 732-13.2 Tree Protection Plan.

 

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

 

02        No development shall take place until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

i. the parking of vehicles of site operatives and visitors

ii. loading and unloading of plant and materials

iii. storage of plant and materials used in constructing the development

iv. wheel and underbody washing facilities and

v. HGV traffic routing plan

 

Reason – To ensure that on-street parking of these vehicles in the adjoining streets does not occur, in the interests of highway safety.

 

03        No unbound materials shall be used in the surface treatment of either of the approved vehicular access points within 6m of the highway boundary.

 

Reason – To ensure that loose materials are not brought out onto the highway, in the interests of highway safety.

 

04        Prior to commencement of the approved development, details of the provision for the storage of bicycles, of a design which shall be submitted to and approved in writing with the Local Planning Authority, shall be provided within the site and shall be maintained free from obstruction at all times for that sole purpose.

 

Reason – To promote the use of sustainable means of transport.

 

05        Prior to occupation of the proposed development, the Developer shall be responsible for the provision and implementation of a Residential Travel Information Pack for sustainable transport, approved by the Local Planning Authority, in consultation with Essex County Council, to include six one day travel vouchers for use with the relevant local public transport operator.

 

Reason – In the interests of reducing the need to travel by car and promoting sustainable development and transport.

 

06        No development shall take place until an ecological management scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme, which shall include a timetable for its implementation, shall include details of a bat sensitive lighting scheme and the measures to enhance the suitability of the site for bat foraging/commuting through the installation of habitats such as bat boxes. The development shall be carried out and maintained at all times in accordance with the approved scheme.

 

Reason – To preserve and enhance the biodiversity of the site.

 

07        Prior to the occupation of any of the approved dwellings, the proposed private drive shall be reconstructed in complete and precise accord with the details shown in Drawing No. 788/11A and shall be provided with a dropped kerb vehicular crossing of the footway/highway verge.

 

Reason – To ensure that all vehicles using the private drive access do so in a controlled manner and to ensure that opposing vehicles may pass clear of the limits of the highway, in the interests of highway safety.

 

08        Prior to occupation of the approved dwellings, a (communal) bin/refuse collection point shall be provided adjacent to the highway boundary and additionally clear of all visibility splays at accesses.

 

Reason – To minimise the length of time a refuse vehicle is required to wait within and cause obstruction of the highway, in the interests of highway safety.

 

09        Prior to commencement of the approved development, a vehicular turning facility for motor cars for each dwelling of a design which shall be approved in writing by the Local Planning Authority, shall be provided within the site and shall be maintained free from obstruction at all times for that sole purpose.

 

Reason – To ensure that vehicles using the site access may enter and leave the highway in a forward gear, in the interests of highway safety.

 

10        No development shall be commenced until precise details of the manufacturer and types and colours of the window details and roofing materials to be used in construction have been submitted to and agreed, in writing, by the Local Planning Authority. Such materials as may be agreed shall be those used in the development unless otherwise agreed, in writing, at a later date with the Local Planning Authority.

 

Reason – As this proposal is publicly visible the prior approval of materials is essential in the interests of visual amenity.

 

11        The hedgerow/trees as shown hatched blue on Tree Protection Plan OS 732-13.2, and as identified within the Bat Survey Report dated October 2013, shall be retained in perpetuity and at no time shall be incorporated as part of any private garden area for the properties hereby approved.

 

Reason – To ensure that the hedgerow/trees are retained as an important bat foraging site separate from the garden areas of the approved dwellings in order to preserve and enhance the biodiversity of the site.

 

12        Notwithstanding the submitted details, a post and rail fence not exceeding 1m in height shall be erected around the hedgerow/trees located on the western boundary as identified in Condition 11 and shall be retained in the approved form thereafter.

 

Reason – The hedgerow/trees have been identified within the Bat Survey Report dated October 2013 as an important habitat and foraging area for bats and its retention is required to preserve and enhance the biodiversity of the site.

 

15/01034/FUL

Approval – Full

11.08.2015

Delegated Decision

Mr Ben Harman

 

Brightlingsea Town Council strongly recommends approval

 

Change of use of a single storey vet’s surgery and conversion into a two storey and single storey extension to the side and rear of number 17 to create extra residential use to that property.17 Dean Street

Brightlingsea

 

 

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: 346/2 Revision B.

 

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