Agenda item

To consider application UTT/22/0086/FUL.

The Principal Planning Officer presented an application for the erection of 1 detached dwelling with cart lodge.

 

The application was recommended for refusal.

 

The Principal Planning Officer responded to questions from members in respect of:

·         Whether the property would be 1.5 or 2 storey.

·         The response by Place Services and the need for consistency.

 

Members discussed:

·         The lack of a 5 year land supply.

·         The site offering a good development within the existing curtilage.

·         Local support, including lack of objection from the Parish Council.

·         That the applicant had worked closely with Place Services to ensure minimal impact.

 

Councillor Light proposed that the application be approved on the basis that the development was within the existing curtilage, would not be extending the development and would contribute to the 5 year land supply.       .

 

Councillor Sutton seconded the proposal.

 

The Principal Planning Officer outlined the conditions that would be required if the application was approved. He has subsequently expanded them and they are detailed below.

 

·         The development hereby permitted shall be begun before the expiration of 3 years from the date of this decision.

 

REASON: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

·         The development hereby permitted shall be constructed in accordance with the approved plans as listed unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

·         Prior to any of the development hereby permitted is commenced, details of all materials to be used in the external finishing of the building shall be submitted and approved in writing by the Local Planning Authority and thereafter the development shall be constructed in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To ensure the appearance of the proposed development will reflect with the character of the surrounding locality in accordance with policy GEN2 of the adopted Local Plan.

 

·         Prior to commencement of development above slab level, full details of both hard and soft landscape works shall be submitted to and approved in writing by the local planning authority.  Subsequently, these works shall be carried out as approved.  The landscaping details to be submitted shall include:-

 

a)  Proposed finished levels

b)  Means of enclosure

c)  Car parking layout

d)  Hard surfacing, other hard landscape features and materials

e)   Existing trees, hedges or other soft features to be retained (unless since removed)

f)  Planting plans, including specifications of species, sizes, planting centres, number and percentage mix

g)  Details of planting or features to be provided to enhance the value of the development for biodiversity and wildlife

h)   Details of siting and timing of all construction activities to avoid harm to all nature conservation features

i)   Location of service runs

j)  Management and maintenance details

 

REASON:  The landscaping of this site is required in order to protect and enhance the existing visual character of the area and to reduce the visual and environmental impacts of the development hereby permitted in accordance with ULP Policies GEN2 and ENV8 of the Uttlesford Local Plan (adopted 2005) and the National Planning Policy Framework 2019.

 

·         A minimum of a single electric vehicle charging point shall be installed for the new dwelling house. This shall be provided, fully wired and connected, ready to use before first occupation.

 

REASON: The requirement of the charging points are required to mitigate the harm for poor air quality due to the increase in vehicle movement and being within and in accordance with Policy ENV13 and the NPPF.

 

·         If during any site investigation, excavation, engineering, or construction works evidence of land contamination is identified, the applicant shall notify the Local Planning Authority without delay. Any land contamination identified, shall be remediated to the satisfaction of the Local Planning Authority to ensure that the site is made suitable for its end use.

 

Reason: in the interest of human health in accordance with policy ENV14 of the adopted local plan.

 

·         All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Ecology Report, (Arbon February 2022) and Arboricultural Impact Assessment (Arbon, January 2022) as already submitted with the planning application and agreed in principle with the local planning authority prior to determination.

 

This may include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW) to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details.”

 

Reason: To conserve and enhance protected and Priority species and allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species).

 

·         A Biodiversity Enhancement Strategy for protected and Priority species shall be submitted to and approved in writing by the local planning authority. The content of the Biodiversity Enhancement Strategy shall include the following:

 

a) Purpose and conservation objectives for the proposed enhancement measures;

b) detailed designs to achieve stated objectives;

c) locations of proposed enhancement measures by appropriate maps and plans;

d) persons responsible for implementing the enhancement measures;

e) details of initial aftercare and long-term maintenance (where relevant).

 

The works shall be implemented in accordance with the approved details prior to occupation and shall be retained in that manner thereafter.

Reason: To enhance protected and Priority species & habitats and allow the LPA to discharge its duties under the s40 of the NERC Act 2006 (Priority habitats & species).

 

 

·         A construction environmental management plan (CEMP: Biodiversity) shall be submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following.

 

a) Risk assessment of potentially damaging construction activities.

b) Identification of “biodiversity protection zones”.

c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).

d) The location and timing of sensitive works to avoid harm to biodiversity features.

e) The times during construction when specialist ecologists need to be present on site to oversee works.

f) Responsible persons and lines of communication.

g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

h) Use of protective fences, exclusion barriers and warning signs.

i) Containment, control and removal of any Invasive non-native species present on site

The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

Reason: To conserve protected and Priority species and allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 (as amended) and s40 of the NERC Act 2006 (Priority habitats & species) as updated by the Environment Act 2021.

 

·         A lighting design scheme for biodiversity shall be submitted to and approved in writing by the local planning authority prior to the occupation of the dwelling house.  The scheme shall identify those features on site that are particularly sensitive for bats and that are likely to cause disturbance along important routes used for foraging; and show how and where external lighting will be installed (through the provision of appropriate lighting plans, drawings and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory.

 

All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

Reason: To allow the LPA to discharge its duties under the Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife & Countryside Act 1981 as amended and s40 of the NERC Act 2006 (Priority habitats & species)

 

RESOLVED to approve the application subject to conditions.

 

 

Councillor E Oliver and S Whitehead (applicant) spoke in support of the application.

 

 

The meeting ended at 4.55 pm .