Agenda item

1.      The Committee considered a report (Agenda Item 4(1)) concerning Planning Application 23/02254/FUL in respect of the demolition of existing dwelling, and erection of 2 no 4 bed dwellings with associated access and curtilage.

2.      Michael Butler (Principal Planning Officer) introduced the report to Members, which took account of all the relevant policy considerations and other material planning considerations. In conclusion the report detailed that the proposal was acceptable in planning terms and officers recommended that the Development Manager be authorised to grant planning permission subject to the conditions outlined in the main and update reports.

3.      Gareth Dowding Principal Engineer (Traffic & Road Safety) confirmed that he had no further comments in relation to highwaysmatters.

4.      In accordance with the Council’s Constitution, Christopher Keen, agent addressed the Committee on this application.

Agent Representation

5.      Mr Christopher Keen addressed the Committee. This representation can be viewed on the recording: Eastern Area Planning Committee - Wednesday 5th June 2024 (youtube.com).

MemberQuestions tothe Agent

6.      Members asked questionsof clarificationand weregiven thefollowing response:

·       The duration of the build would be six to eight months.

Member Questions to Officers

7.      Members asked questions of clarification and were given the following responses:

·     The Tree Officer was content with the protection of the trees on site. Concern had been expressed about potential development to the south of the site which could have impacted the tree roots, but this was outside of the site’s red zone.

·     The hatched area was outside of the defined settlement boundary, any built form had to be within the settlement boundary.

·     If permission were to be granted, a change of use for the land would not be required.

·     There were no restrictions to any garden structure proposed under the existing conditions.

·     Officers were content that the Construction Method Statement would address concerns around larger vehicles accessing the site.

·     There was an existing level of overlooking to the site.

·     The application was called in by the ward member. However, there was a question surrounding the validity of the planning reasons for the call in. Due to the public expectation that this item was to be discussed at Committee, the Development Manager decided to do so.

·     Officers would not recommend changes to the working hours on the site as this was usually only used under exceptional circumstances which were not present in this case. They advised that such a restriction would be difficult to enforce and could be considered unreasonable.

·     The red line had to cover an appropriate route to an existing adopted highway. The red line on this application linked to the A340 and contained additional access to Manor Farm Lane.

·     It was believed that ownership of the access rights belonged to the applicant but this would need to be confirmed.

·     The Waste Service would service properties on adopted roads if there was already an established refuse collection, which was the case with this application.

Debate

8.      Councillor Jeremy Cottam opened the debate and highlighted the extension of the red line on Manor Farm Lane. He stated that he could not understand why this was there. He expressed concern that access was being granted to a less ecologically friendly route to the north of the site.

9.      Michael Butler addressed the concerns raised by Councillor Cottam and advised that from a highways and planning perspective there were no negative consequences foreseen, but there were potential benefits.

10.  Simon Till informed Members that Manor Farm Lane became steeper and less built up. He advised that the main vehicular access to Manor Farm Lane would be off the main Tidmarsh Road and that it was extremely unlikely residents would be taking a different vehicular route onto the site. It was also noted that there was a condition on the application for a Construction Management Plan which would provide Members the opportunity to express their preference for construction vehicles to access Manor Farm Lane from the Tidmarsh Road.

11.  Councillor Cottam further queried why the red line was there. He expressed concern that the Authority would not be able to prevent vehicles from accessing the route.

12.  Michael Butler stated that the application would not have been recommended for approval if there was any concern about the red line. He advised that residents using the access would have created no issue and informed Members that this was an existing access with no new access requirements.

13.  Sharon Armour advised that the red line did not provide additional access or change the use.

14.  Councillor Richard Somner proposed to accept Officer’s recommendation with an additional condition that would seek to remove permitted development rights for outbuildings, garden structures and extensions to properties. This was seconded by Councillor Paul Kander.

15.  Councillor Geoff Mayes queried whether there was an agreement on maintenance of the road. Michael Butler advised that as this was an unadopted road this was a private matter and was outside the remit of this application.

RESOLVED that the Development Manager be authorised to grant planning permission subject to the conditions listed in the report with an additional condition that sought to remove permitted development rights for outbuildings, garden structures and extensions to properties