REPORT of DIRECTOR OF PLANNING AND REGULATORY SERVICES to NORTH WESTERN AREA PLANNING COMMITTEE 1 FEBRUARY 2016

Application Number FUL/MAL/15/01118 Location R And I Coachworks The Old Forge Road Great Braxted Proposal Change of use and conversion of an existing vacant garage premises to a single storey two-bedroom dwelling. Applicant Mr Omer Sadik Agent Mr Roger Caryl - RD Caryl Consultants Ltd Target Decision Date 8 January 2016 Case Officer Emily Hall, TEL: 01621 875744 Parish GREAT BRAXTED Reason for Referral to the Departure from the Local Plan Committee / Council

Agenda Item no. 7 Page 1 / 11 Our Vision: Working in Partnership to make the District a better place to live, work and enjoy

1. RECOMMENDATION

APPROVE subject to conditions (as detailed in Section 7 of this report).

2. SUMMARY

2.1 Proposal / brief overview, including any relevant background information

2.1.1 Planning permission is sought to change the use of a garage to a residential dwelling. There are no changes to the external dimensions of the existing building, with the exception of the removal of a lean-to structure on the north west elevation. Minor changes to the arrangement of fenestration are proposed. There is an extant planning permission on the site for a 1.5 storey dwelling FUL/MAL/14/00129.

2.2 Conclusion

2.2.1 The proposed dwelling is not considered to have a negative impact on the character and appearance of the area, it is not considered to have a negative impact on the future or adjacent occupiers and provides a satisfactory level of amenity space and parking provision.

3. MAIN RELEVANT POLCIES

Members’ attention is drawn to the list of background papers attached to the agenda.

3.1 National Planning Policy Framework 2012 including paragraphs: • 59 • 64

3.2 Maldon District Replacement Local Plan 2005 – Saved Policies: • S2 - Development outside development boundaries • CON5 - Pollution Prevention • CC6 - Landscape Protection • CC7 - Special Landscape Areas • CC19 - Rural Diversification • CC21 - Re-use of rural buildings for residential purposes • H1 - Location of New Housing • BE1 - Design of New Development and Landscaping • T1 - Sustainable Transport and Location of New Development • T2 - Transport Infrastructure in New Developments • T8 - Vehicle Parking Standards

3.3 Maldon District Local Development Plan submitted to the Secretary of State for Examination-in-Public on 25 April 2014: • S1 - Sustainable Development • S8 - Settlement Boundaries and the Countryside • D1 - Design Quality and Built Environment

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• H2 - Housing Mix • H4 - Effective Use of Land • N2 - Natural Environment and Biodiversity • T1 - Sustainable Transport • T2 - Accessibility

3.4 Relevant Planning Guidance / Documents: • Car Parking Standards • Design Guide

4. MAIN CONSIDERATIONS

4.1 Principle of Development

4.1.1 The principle of a residential unit within the site has been established through the positive determination of the approved planning permission FUL/MAL/14/00129, which is extant. There are no new material considerations that would alter this stance and therefore the principle of development is considered acceptable.

4.2 Housing Land Supply and Need

4.2.1 The Council has undertaken a full assessment of the Five Year Housing Land Supply in the District and has concluded that the Council is able to demonstrate a supply of specific deliverable sites sufficient to provide for more than five years’ worth of housing against the Councils identified housing requirements. In addition, through the progression of the Local Development Plan (LDP) the Council is making sufficient provision for the future objectively assessed needs for the District (policy S2) and the Council continues to work pro-actively to plan, deliver and implement the identified Garden Suburbs and Strategic Allocations, together with associated infrastructure requirements (Policies S3, S4 and S6).

4.2.2 In relation to decision making for sites not allocated for growth within LDP policy S2, relevant strategic and housing policies, in particular LDP Policies S1 (Sustainable Development) and S8 (Settlement Boundaries and the Countryside), are considered up-to-date and consistent with the NPPF, and should be applied significant material weight.

4.2.3 This is a material consideration and means that any application for new development must be determined in accordance with the development plan unless material considerations indicate otherwise.

4.2.4 The proposal would provide a dwelling which would provide two bedrooms.

4.2.5 The Strategic Housing Market Assessment (SHMA) identifies that there is a need for a higher proportion of two bedroom units to create better housing offer and address the increasing need for smaller properties due to demographic and household formation change within the district.

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4.2.6 The preamble to Policy H2 of submitted LDP, paragraph 5.15, sets out that the district has a good supply of larger dwellings, and that, in order to create a more balanced stock which meets the changing needs of the district smaller dwellings, a higher proportion of smaller dwellings will need to be delivered.

4.2.7 The Council is encouraged, in submitted policy H2, to provide a greater proportion of smaller units to meet the identified needs and demands of the district. This proposal complies with the requirements of submitted policy H2 of the LDP.

4.3 Design and Impact on the Character of the Area

4.3.1 Policy BE1 of the local plan and D1 of the Submission LDP both seek to ensure good design for all new development, and reflect the aims of the NPPF. The NPPF states that policies should avoid unnecessary prescription but should concentrate on guiding the overall scale, density, massing, height, landscape, layout, materials and access of new development in relation to neighbouring buildings and the area more generally (para. 59). The NPPF states that development of a poor design should be refused planning permission (para. 64).

4.3.2 The site is located outside of a defined settlement although in the centre of a village which itself has no settlement boundary. Notwithstanding this the requirements to protect and enhance the rural landscape of the district, as set out in policies BE1, CC6 and CC7 of the local plan and N2 of the Submission LDP are a relevant consideration for the determination of this application.

4.3.3 In this instance it is considered that the appearance of the building would be somewhat improved and would be acceptable. In respect of the extant planning permission the current proposed design would have a lesser bulk through the omission of the dormer feature at the rear elevation. It is proposed to replace the existing windows with oak framed windows. Where a garage was proposed previously, on the north eastern flank elevation it is proposed to provide a study and bathroom. Overall, it is considered that the appearance of the proposed dwelling would have no negative impact on the character and appearance of the area.

4.3.4 In terms of visual impact, the building would be seen against the back drop of the existing village and dwellings. It is considered that there would be no greater visual impact caused to the character and appearance of the area as a result of the proposed changes to the building.

4.3.5 In addition, the principle of a residential unit within the site has been established through the positive determination of the approved planning permission FUL/MAL/14/00129, which is extant. There are no new material considerations that would alter this stance and the proposed design is considered acceptable.

4.4 Impact on Residential Amenity

4.4.1 The proposed dwelling would be sited immediately behind “Lane End Cottage”. There would be a maximum back to back distance between the two dwellings of 20m. This falls short of the required 25m minimum back to back distance set out in the Essex Design Guide (EDG). The EDG also requires a minimum of 15m between the boundary and new dwelling. Only 10m is achieved here. Whilst the back to back

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distances are not achieved, regard must be given to the extant planning permission which was approved when the EDG had already been adopted by the Council as guidance. At this time, a dwelling in this location was considered acceptable and it would not, therefore, be reasonable in the circumstances to raise an objection on this matter.

4.4.2 In terms of neighbouring amenity, whilst there will inevitably be an impact on the occupiers of Land End Cottage by way of increased noise and activity compared to the current vacant building, the type of noise and activity would be of a scale and nature reflective of land uses in the immediate area. In addition, any noise and disturbance is likely to be less than the former workshop use.

4.4.3 Furthermore, with regard to future occupiers of the proposed dwelling, the front windows serve the entrance, the kitchen, a bedroom and a study. There may be some overlooking from the rear first floor windows of Lane End Cottage. Existing landscaping and boundary treatment between the two structures would however assist in protecting amenity and preventing overlooking or any unacceptable loss of privacy being caused.

4.4.4 In addition, the principle of a residential unit within the site has been established through the positive determination of the approved planning permission FUL/MAL/14/00129, which is extant. There are no new material considerations that would alter this stance and relationship with neighbouring properties is considered acceptable.

4.5 Access, Parking and Highway Safety

4.5.1 The existing site access would be utilised for the proposed dwelling. The highways authority has not objected to the proposed development.

4.5.2 Sufficient space is available at the front of the site for the parking and turning of vehicles.

4.5.3 For a dwelling with two bedrooms the adopted Vehicle Parking Standards require a maximum of two spaces. The site provides space to park two vehicles and satisfies the Council’s adopted standards.

4.5.4 Therefore, there is no objection to the proposed development in relation to access, parking and highways safety.

4.6 Private Amenity Space and Landscaping

4.6.1 To the rear of the dwelling would be a small area which could be utilised as amenity space. This area would amount to approximately 46sqm. A two bedroom unit is required by the EDG to have a minimum of 50sqm private amenity space. This space must also be useable and have a private sitting out area.

4.6.2 The extant planning permission included a first floor balcony amounting to approximately 10sqm. This element has been omitted in the current proposal. Whilst the current proposal does not meet the EDG standards, it is considered that the shortfall is so minor that, on balance, the dwelling would have sufficient amenity

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space including a private siting out area and to prevent the reduction of the amenity space a condition could to remove permitted development rights in relation to outbuildings and extensions.

4.6.3 No details of landscaping are provided within the application. A condition would be capable of securing appropriate landscaping at the site.

4.7 Impact on the setting of listed buildings

4.7.1 The site is in close proximity to a number of listed buildings which highlights the importance of an appropriate design and visual impact as emphasised in policy BE16 of the local plan and D3 of the submission LDP. The conservation officer has raised no objection to the application, taking the view that the development would have no impact on the setting of any nearby listed building

4.8 Refuse Facilities

4.8.1 No refuse facilities are shown on the plans or within the boundaries of the site. Details could be required by condition to ensure a suitable area, with any screening, is provided that would not have a negative impact on the character and appearance of the locality.

5. ANY RELEVANT SITE HISTORY • FUL/MAL/14/00129 - Resubmission of expired approved planning permission FUL/MAL/06/01162 (Conversion of existing building to create a two storey house with associated single garage, vehicular parking and access) with internal alterations. Approved 14.07.14. • FUL/MAL/06/01162 - Conversion of existing building to create a two storey house with associated single garage, vehicular parking and access. Approved 10.01.2007. • FUL/MAL/06/00724 – Change of use of building to private dwelling. Refused 04.08.2006.

6. CONSULTATIONS AND REPRESENTATIONS RECEIVED

6.1 Representations received from Parish / Town Councils

Name of Parish / Town Comment Officer Response Council Support application Acknowledged. Great Braxted Parish Japanese Knotweed on the Not a material planning Council site consideration, see informative.

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6.2 Statutory Consultees and Other Organisations (summarised)

Name of Statutory Consultee / Other Comment Officer Response Organisation Essex County Highways No objection Acknowledged.

6.3 Internal Consultees (summarised)

Name of Internal Comment Officer Response Consultee Not received at time of Conservation Officer writing Suggested conditions in Environmental Health relation to contamination Acknowledged. and surface water drainage

6.4 Representations received from Interested Parties (summarised)

6.4.1 Letters were received in support of the application from the following and the reasons for support are summarised as set out in the table below: • Mr & Mrs K Hornett Village Farm House Tiptree Road Great Braxted

Supporting Comment Officer Response Current proposal is better than previous Design is considered in section 4.3 of this proposal. report. Will have to have own sewerage Not a material planning consideration. connection. Not a material planning consideration, Japanese Knotweed on the site. see informative.

6.4.2 Letters were received commenting on the application from the following, summarised as set out in the table below: • Mr I Armstrong The Du Cane Tiptree Road Great Braxted

Comment Officer Response Not a material planning consideration, Japanese Knotweed on the site. see informative.

7. PROPOSED CONDITIONS

1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission. REASON: To comply with Section 91(1) of The Town & Country Planning Act 1990 (as amended). 2 The development hereby permitted shall be carried out in complete accordance with the approved drawings specifically referenced on this decision notice as well as the submitted detailed specifications which form part of this permission. Agenda Item no. 7 Page 7 / 11

REASON: In order to ensure that the development is carried out in accordance with the approved details and in accordance with policy BE1 of the adopted Maldon District Replacement Local Plan and emerging policy D1 of the Submitted Local Development Plan. 3 No development shall take place until written details or samples of all materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out using the materials and details as approved. REASON: To ensure the use of appropriate materials in the interest of visual amenity of the area and in accordance with policies BE1, CC6 and CC7 of the Adopted Maldon District Replacement Local Plan and policies D1 and N2 of the Local Development Plan. 4 Provision shall be made for the parking and turning of vehicles within the curtilage of the dwelling hereby approved. Prior to the occupation of the dwelling the parking and turning areas shall be constructed, surfaced, laid out and made available for such purposes in accordance with the approved scheme and retained as such thereafter. REASON: To ensure appropriate parking is provided in accordance with policy T8 of the adopted Maldon District Replacement Local Plan. 5 Prior to the commencement of the development details of the surface water drainage scheme to serve the development shall be submitted to and agreed in writing by the Local Planning Authority. The agreed scheme shall be implemented prior to the first occupation of the development. REASON: To ensure appropriate surface water drainage at the site in accordance with policy CON5 of the adopted Maldon District Replacement Local Plan and in accordance with the Government Guidance contained in the Technical Guidance to The National Planning Policy Framework. 6 Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) () Order 2015 (or any Order amending, revoking or re-enacting that Order) no garages, extensions, separate buildings (other than ancillary outbuildings not exceeding 10 cubic metres in volume) or additional window, opening or other form of glazed area shall be erected within the site without planning permission having been obtained from the Local Planning Authority. REASON: In the interest of the character and appearance of the wider rural locality and in accordance with policies BE1, CC6 and CC7 of the Adopted Maldon District Replacement Local Plan and policies D1 and N2 of the Submission local Development Plan. 7 Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) (England) Order 2015 (or any Order amending, revoking or re-enacting that Order) no additional window, opening or other form of glazed area shall be constructed at or above first floor level of the building hereby permitted without planning permission having been obtained from the Local Planning Authority. REASON: In order to protect neighbouring amenity in accordance with policy BE1 of the Adopted Maldon District Replacement Local Plan and policy D1 of the Submission Local Development Plan. 8 No works or development shall take place until full details of both hard and soft landscape works to be carried out have been submitted to and approved in writing by the Local Planning Authority. These details shall include the

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layout of the hard landscaped areas with the materials and finishes to be used and details of the soft landscape works including schedules of shrubs and trees to be planted, noting the species, stock size, proposed numbers/densities and details of the planting scheme's implementation, aftercare and maintenance programme. The hard landscape works shall be carried out as approved prior to the beneficial occupation of the development hereby approved unless otherwise first agreed in writing by the Local Planning Authority. The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the commencement of the development, unless otherwise first agreed in writing by the Local Planning Authority. If within a period of five years from the date of the planting of any tree or plant, or any tree or plant planted in its replacement, is removed, uprooted, destroyed, dies, or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective, another tree or plant of the same species and size as that originally planted shall be planted in the same place, unless the Local Planning Authority gives its written consent to any variation. REASON: To ensure appropriate landscaping at the site in the interest of visual amenity and in accordance with policies BE1 and CC6 of the adopted Maldon District Replacement Local Plan and policies D1 and N2 of the Submission Local Development Plan. 9 The public's rights and ease of passage over public footpath 10, Great Braxted 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 in accordance with policy T2 of the adopted Maldon District Replacement Local Plan and policy T2 of the Submission Local Development Plan. 10 Notwithstanding the details submitted with this application, no development shall commence until an investigation and risk assessment has been submitted to and approved in writing by the Local Planning Authority. The risk assessment shall assess the nature and extent of any contamination on the site, whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include:

(i) a survey of extent, scale and nature of contamination; (ii) an assessment of the potential risks to: • Human health, • Property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, • Adjoining land, • Groundwaters and surface waters, • Ecological systems • Archeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with the Department for Environment, Food and Rural Affairs (DEFRA) and the Environment Agency's 'Model

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Procedures for the Management of Land Contamination, CLR 11'. The development hereby permitted shall not commence until the measures set out in the approved report have been implemented. REASON: To prevent the undue contamination of the site in accordance with policy CON6 of the adopted Maldon District Replacement Local Plan. 11 No development shall commence until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. The development hereby permitted shall not commence until the measures set out in the approved scheme have been implemented, unless otherwise agreed in writing by the Local Planning Authority.

The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. REASON: To prevent the undue contamination of the site in accordance with policy CON6 of the adopted Maldon District Replacement Local Plan. 12 The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority. REASON: To prevent the undue contamination of the site in accordance with policy CON6 of the adopted Maldon District Replacement Local Plan. 13 In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 10, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 11, which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 11.

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REASON: To prevent the undue contamination of the site in accordance with policy CON6 of the adopted Maldon District Replacement Local Plan. 14 No means of external illumination of the site shall be installed unless otherwise agreed in writing by the Local Planning Authority. The external illumination shall be retained as such thereafter. REASON: To ensure appropriate illumination of the site and protection of the visual amenity of the area in accordance with policies BE1 and CC6 of the adopted Maldon District Replacement Local Plan and policies D1 and N2 of the Submission Local Development Plan.

INFORMATIVES 1 During the site visit it was noted that there is Japanese Knotweed growing in the garden.

Neither the Environment Agency or the Local Authority are responsible for controlling Japanese Knotweed, other than that growing on their own land.

Managing knotweed is the responsibility of the owner/occupier of a site. Link to Environment Agency Japanese Knotweed Guidance: https://www.gov.uk/prevent-the-spread-of-harmful-invasive-and-non-native- plants. 2 All work within or affecting the highway is to be laid out and constructed by prior arrangement with, and to the requirements and satisfaction of, the Highway Authority, details to be agreed before the commencement of works.

The applicants should be advised to contact the Development Management Team by email at [email protected] or by post to:

Essex Highways, Colchester Highways Depot, 653 The Crescent, Colchester, CO4 9YQ. 3 The Highway Authority cannot accept any liability for costs associated with a developer’s improvement. This includes design check safety audits, site supervision, commuted sums for maintenance and any potential claims under Part 1 and Part 2 of the Land Compensation Act 1973. To protect the Highway Authority against such compensation claims a cash deposit or bond may be required.

POSITIVE AND PROACTIVE STATEMENT Town and Country Planning (Development Management Procedure) (England) Order 2015 - Positive and Proactive Statement:

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

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