Application No.
Decision
Date of Decision
Conditions/Reasons
Applicant’s Name
Proposal
Location
Alresford Parish Council
14/01318/FUL
Refusal - Full
05.11.2014
Delegated
Decision
01
Mr & Mrs Mark
Vinter
Reconstruction of
existing pitched roof
(raising ridge height to
accommodate attic living
space), single storey rear
extension, reconstruction
of existing rear roof to
match extension roof,
application of horizontal
boarding to front of
dwelling and installation
of flue to serve multi-fuel
device. Amended
scheme to refusal
(14/00450/FUL)
Fairview
Ford Lane
Alresford
The proposed works are considered contrary to the provisions of Policy SD9 of the Tendring
District Local Plan Proposed Submission Draft (2012), Policies QL9 and QL11 of the Tendring
District Local Plan (2007) and Chapter 7 (Requiring Good Design) of the National Planning
Policy Framework which seek inter alia, to ensure that new development relates well to its site
and surroundings particularly in relation to its siting, height, scale, massing, form, and design
and will only be permitted if its scale and nature is appropriate to the locality and would not
have a materially damaging impact on the amenities of neighbouring occupants.
The proposed roof extension in combination with the poorly designed front dormer window would
result in a development that would in terms of its overall design, scale, bulk and massing be
unsympathetic to the character of the existing modest bungalow resulting in an awkward and
uncomfortable development that would due to its overall design, scale, bulk and massing be
clearly visible from the street scene resulting in an incongruous and unduly intrusive feature
within the street detracting from the character of the immediate area contrary to the aims and
objectives of the National Planning Policy Framework, Policies QL9 and QL11 of the Tendring
District Local Plan (2007) and Policy SD9 (Part A) and (Part C) of the Tendring District Local
Plan Proposed Submission Draft (2012).
In addition it is considered that due to the excessive increase in the overall scale and bulk of the
property in combination with its relationship to the property at Green Island would result in an
overbearing form of development in close proximity to the boundary with this immediate
neighbour harmful to the amenities enjoyed by the occupiers of this property contrary to the
aims and objectives of the National Planning Policy Framework, Policies QL9 and QL11 of the
Tendring District Local Plan (2007) and Policy SD9 (Part A) and (Part C) of the Tendring
District Local Plan Proposed Submission Draft (2012).
Decisions for the Week Ending 7th November 2014
Application No.
Decision
Date of Decision
Conditions/Reasons
Applicant’s Name
14/01321/FUL
Approval - Full
06.11.2014
Delegated
Decision
Mr & Mrs Barnett
01
Proposal
Location
Alterations to existing
5 Church Road
bungalow including
Alresford
replacement roof and
Colchester
single storey extension to
rear.
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 No.'s 775/02 A, 775/03 and 775/04 A.
Reason - For the avoidance of doubt and in the interests of proper planning.
14/01327/FUL
Refusal - Full
07.11.2014
Delegated
Decision
01
Mr Mark
Spackman
Proposed two storey side
extension to south
elevation and a single
storey infill to north
elevation.
2 Poplars Close
Alresford
Paragraph 56 of the National Planning Policy Framework ("the Framework") states that the
government attaches great importance to the design of the built environment. Paragraph 58
goes on to state that developments should "establish a strong sense of place, using
streetscapes and buildings to create attractive and comfortable place to live", to "respond to
local character... and reflect the identity of local surroundings" and to be "visually attractive as
a result of good architecture". Paragraph 60 states further that it is "proper to seek to promote
or reinforce local distinctiveness" and Paragraph 64 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 Tendring District Local Plan (2007) Policy QL9 requires "all new development to make a
positive contribution to the quality of local environment and protect or enhance local
character". It goes on to set out the criteria that should be met, including that the
"development relates well to its site and surroundings particularly in relation to its siting,
height, scale, massing, form, design and materials". A similar approach is taken in Policy SD9
of Tendring District Local Plan: Proposed Submission Draft (2012) as amended by the
Tendring District Local Plan: Pre-Submission Focussed Changes (2014). Saved plan Policy
HG14 requires two-storey extensions to detached dwellings to be set in from the side
boundary by at least 1 metre. Saved plan Policy HG14 states that this is to "ensure that new
development is appropriate in its setting and does not create a cramped appearance".
The site is located in a prominent location at the junction of Poplars Close and Wivenhoe Road; a
main road through Alresford. The character of the surrounding area is fairly open, with a
mixture of bungalows and two-storey houses, some with generous front gardens. The original
house is deliberately sited to retain this open character and turn the corner into Poplars Close.
The proposal is for a two-storey side extension. Whilst the proposal is marginally set back from the
front building line, it almost completely occupies the southern elevation of the house. It also
fully extends between the existing side elevation and the side boundary. Such a proposal
would be of a siting, height, scale and massing that would not relate well to the site and
Decisions for the Week Ending 7th November 2014
Application No.
Decision
Date of Decision
Conditions/Reasons
Applicant’s Name
Proposal
Location
surroundings, causing material visual harm to the streetscene. Developing so close to the side
boundary on this prominent plot would also not be appropriate in its setting and appear of
cramped appearance in the streetscene, which would also cause material visual harm to the
streetscene. As such, the proposal would fail to take the opportunity to improve the character
and quality of the area. In doing so, the proposal would be contrary to the above-mentioned
Paragraphs and policies.
14/01402/FUL
Application
Withdrawn
04.11.2014
Mr & Mrs D
Dukelow
Extensions to side and
rear including raising of
the roof and dormer
windows to provide first
floor living
accommodation.
34 Station Road
Alresford
Replacement dwelling
(following demolition of
existing house and
greenhouse).
39 Harwich Road
Lawford
Manningtree
Ardleigh Parish Council
14/00681/FUL
Approval - Full
06.11.2014
Delegated
Decision
01
Mr & Mrs Barnett
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: 01, 02 Rev. C and 03.
Reason - For the avoidance of doubt and in the interests of proper planning.
03
Within 3 months of the hereby approved dwellinghouse being first occupied the existing
dwellinghouse shown to be demolished on submitted drawing number 03 shall be demolished
and all materials resulting therefrom shall be cleared from the site.
Reason - To ensure that there is no net increase in the number of dwellings on this site.
Beaumont Parish Council
14/01349/FUL
Approval - Full
04.11.2014
Delegated
Decision
01
Mr & Miss
Welham &
Greenwood
Proposed first floor
extension to form
bedroom.
4 West End Cottages
Swan Road
Beaumont
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.
Decisions for the Week Ending 7th November 2014
Application No.
Decision
Date of Decision
Conditions/Reasons
02
Applicant’s Name
Proposal
Location
The development hereby permitted shall be carried out in accordance with the following
approved plans: DRAWING NO. 4/WEC/1.
Reason - For the avoidance of doubt and in the interests of proper planning.
Bradfield Parish Council
No Determinations
Brightlingsea Town Council
14/01331/FUL
Approval - Full
03.11.2014
Delegated
Decision
01
Mrs Brenda
Sawyer
Single storey side
extension.
25 Whitegate Road
Brightlingsea
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: Dwg No 1:2.
Reason - For the avoidance of doubt and in the interests of proper planning.
Clacton-on-Sea
14/01109/ADV
Split decision
06.11.2014
Delegated
Decision
01
Ms Jo Callaghan
Two non-illuminated wall
mounted signs and one
non-illuminated pole
mounted sign (retention
of).
Munchkins Nursery
44 York Road
Holland On Sea
All advertisement consents are subject to five standard conditions specified in Schedule 2 of
the Town and Country Planning (Control of Advertisements) (England) Regulations 2007
which are as follows: -
1. No advertisement is to be displayed without the permission of the owner of the site or any other
person with an interest in the site entitled to grant permission.
2. No advertisement shall be sited or displayed so as to
(a) endanger persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or
military);
(b) obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by
water or air; or
(c) hinder the operation of any device used for the purpose of security or surveillance or for
measuring the speed of any vehicle.
3. Any advertisement displayed, and any site used for the display of advertisements, shall be
maintained in a condition that does not impair the visual amenity of the site.
4. Any structure or hoarding erected or used principally for the purpose of displaying advertisements
Decisions for the Week Ending 7th November 2014
Application No.
Decision
Date of Decision
Conditions/Reasons
Applicant’s Name
Proposal
Location
shall be maintained in a condition that does not endanger the public.
5. Where an advertisement is required under these Regulations to be removed, the site shall be left in
a condition that does not endanger the public or impair visual amenity.
Additionally all advertisement consents are for a fixed term of 5 years unless this period is varied on
the formal decision notice.
02
The pole mounted sign is REFUSED. The pole mounted sign is considered contrary to the
National Planning Policy Framework (2012), saved Policies QL9 and EN18b 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
Focussed Changes (2014).
The Framework states poorly placed advertisements can have a negative impact on the appearance
of the built environment. Only those advertisements which will clearly have an appreciable
impact on a building or on their surroundings should be subject to the local planning
authority's detailed assessment.
Saved Policy EN18b states proposals for advertisements should be well designed and sited and
respect their surroundings. Advertisements will only exceptionally be permitted in
predominantly residential areas and will normally be restricted to discrete signs for the
essential needs of local and professional services. Saved Policy QL9 and draft Policy SD9
state all new development must make a positive contribution to the quality of the local
environment, and must relate well to its site and surroundings particularly in relation to its
siting and scale.
The pole mounted sign measures 160cm wide by 149cm high, raised 52cm off the ground. The sign
is located within the front flower bed close to the junction of Hereford Road and York Road. By
virtue of the excessive size and prominent siting of the sign it appears as an incongruous
feature within this wholly residential street scene to the serious detriment of visual amenity
and the character of the surrounding area.
14/01252/FUL
Approval - Full
03.11.2014
Delegated
Decision
01
Mr Green
Replacement of existing
garage with freestanding
conservatory.
127 Jaywick Lane
Clacton On Sea
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 title: Proposed Plan and Elevations.
Reason - For the avoidance of doubt and in the interests of proper planning.
Decisions for the Week Ending 7th November 2014
Application No.
Decision
Date of Decision
Conditions/Reasons
Applicant’s Name
14/01269/FUL
Approval - Full
03.11.2014
Delegated
Decision
Mr Alan
Routledge
01
Proposal
Erection of timber games
room at end of existing
garden.
Location
30 Dulwich Road
Holland On Sea
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: Location Plan and Drawing Title Log Cabin Vanguard 5.9x5m 145mm walls
Sheet 1.
Reason - For the avoidance of doubt and in the interests of proper planning.
14/01306/ADV
Approval Advertisement
Consent
05.11.2014
Delegated
Decision
01
Cardtronics UK
Ltd Trading As
Cashzone
The installation of a non
illuminated fascia sign.
McColls Newsagents
102 Frinton Road
Holland On Sea
All advertisement consents are subject to five standard conditions specified in Schedule 2 of
the Town and Country Planning (Control of Advertisements) (England) Regulations 2007
which are as follows: -
1. No advertisement is to be displayed without the permission of the owner of the site or any other
person with an interest in the site entitled to grant permission.
2. No advertisement shall be sited or displayed so as to
(a) endanger persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or
military);
(b) obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by
water or air; or
(c) hinder the operation of any device used for the purpose of security or surveillance or for
measuring the speed of any vehicle.
3. Any advertisement displayed, and any site used for the display of advertisements, shall be
maintained in a condition that does not impair the visual amenity of the site.
4. Any structure or hoarding erected or used principally for the purpose of displaying advertisements
shall be maintained in a condition that does not endanger the public.
5. Where an advertisement is required under these Regulations to be removed, the site shall be left in
a condition that does not endanger the public or impair visual amenity.
Additionally all advertisement consents are for a fixed term of 5 years unless this period is varied on
the formal decision notice.
Decisions for the Week Ending 7th November 2014
Application No.
Decision
Date of Decision
Conditions/Reasons
Applicant’s Name
14/01354/FUL
Approval - Full
03.11.2014
Delegated
Decision
Mr & Mrs S Hale
01
Proposal
Proposed single storey
rear extension.
Location
26 Clarendon Park
Clacton On Sea
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 01 Rev B.
Reason - For the avoidance of doubt and in the interests of proper planning.
14/01496/TPO
Approval - Full
04.11.2014
Delegated
Decision
Mr S Huckle
T1 Cedar - front garden crown cleaning, reduce
weight of limbs, general
light reduction.
677 St Johns Road
Clacton On Sea
01
The work should be undertaken before the expiration of 2 years from the date of this
permission.
02
All work authorised by this consent shall be undertaken in a manner consistent with British
Standard 3998 (2010) :-Tree Work - Recommendations or with any similar replacement
standard.
Elmstead Market Parish Council
No Determinations
Frating Parish Council
No Determinations
Frinton & Walton Town Council
14/00996/FUL
Approval - Full
06.11.2014
Delegated
Decision
01
Mr & Mrs C
Wiggins
Rear extension - roof
design variation
approved under
11/01149/FUL.
8 Elm Grove
Kirby Cross
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: WEG-01 Revision C.
Decisions for the Week Ending 7th November 2014
Application No.
Decision
Date of Decision
Conditions/Reasons
Applicant’s Name
Proposal
Location
Reason - For the avoidance of doubt and in the interests of proper planning.
14/01112/FUL
Approval - Full
07.11.2014
Delegated
Decision
01
Rev G & Mrs S
Thorburn
Removal of Condition 2
on planning permission
TEN/510/80 to allow
annexe to be used on a
permanent residential
basis or as holiday
accommodation.
Annexe
51 Pole Barn Lane
Frinton On Sea
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 GT5101 revision B.
Reason - For the avoidance of doubt and in the interests of proper planning.
03
Notwithstanding the provisions of Article 3, Schedule 2 Part 1 Classes A and E of the Town
and Country Planning (General Permitted Development) Order 1995 (or any Order revoking
and re-enacting that Order with or without modification), no provision of extensions or
buildings shall be erected except in accordance with drawings showing the design and siting
of such extensions or buildings which shall previously have been submitted to and approved,
in writing, by the Local Planning Authority.
Reason - The property is provided with only a small area of private amenity space. The existing
dwelling and the approved one bedroom dwelling also have only a combined provision of two
parking spaces. As the property has only one bedroom it is not considered reasonable to
require the financial contribution towards public open space improvements. If the property
were to be extended to create additional bedroom accommodation this would be likely to
place pressure on the existing deficit in equipped play in the Parish and the limited off street
parking and amenity space provision. It is therefore considered necessary to remove
permitted development rights for extensions and detached outbuildings so this can be
properly assessed in the interests of local amenity and highway safety.
04
The new 1.8m high close boarded fence as shown on drawing number GT5101 revision B
shall be erected prior to the new one bedroom dwelling being occupied and thereafter be
retained in the approved form.
Reason - In the interests of residential amenity.
Decisions for the Week Ending 7th November 2014
Application No.
Decision
Date of Decision
Conditions/Reasons
Applicant’s Name
14/01329/FUL
Approval - Full
03.11.2014
Mrs E Pepper
01
Proposal
Single storey rear
extension.
Location
16 Waltham Way
Frinton On Sea
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: PWW-02.
Reason - For the avoidance of doubt and in the interests of proper planning.
14/01335/FUL
Approval - Full
04.11.2014
Delegated
Decision
01
Mr & Mrs J
Pitman
Single storey flat roof
rear extension.
126 Frinton Road
Kirby Cross
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 No PFR-01.
Reason - For the avoidance of doubt and in the interests of proper planning.
14/01345/LUPR
OP
Lawful Use
Certificate
Granted
04.11.2014
Delegated
Decision
01
Mr Paul Raven
Proposed conservatory
style extension to rear
and infill of existing open
porch with new door and
frame and new window.
20 Oxborrow Close
Kirby Cross
The proposed development constitutes permitted development by virtue of the provisions of
Schedule 2, Part 1, Class A of the Town & Country Planning (General Permitted
Development) Order 1995 as amended by the Town & Country Planning (General Permitted
Development) (Amendment) (No2) (England) Order 2008. This definition is subject to the
conditions set out therein, namely that the materials used in any exterior work shall be of a
similar appearance to those used in the construction of the exterior of the existing
dwellinghouse.
Decisions for the Week Ending 7th November 2014
Application No.
Decision
Date of Decision
Conditions/Reasons
Applicant’s Name
14/01475/TCA
Approval - Full
04.11.2014
Delegated
Decision
Occupier
Reduce by 30% - Trees
overhanging from
highway
Highway adjacent No. 1
Rainham Way
Frinton On Sea
14/01494/TCA
Approval - Full
04.11.2014
Delegated
Decision
Mr Patience
Rear garden .1 No.
Eucalyptus - reduce to
just above main fork.
Reduce height of 1 No.
Pear, 1 No. Apple. 1No.
Ash, 1 No. Hawthorn fell. 1 No. Beech reduce by 30%. 1 No.
Sycamore - reduce by
35%. 1 No. Holly, fell. 1
No. Eucalyptus - reduce
by 30-35%
74 Fourth Avenue
Frinton On Sea
Proposed erection of 5
detached houses.
Builders Yard & Land R/o The
Royal Fusilier Public House
Aingers Green
Great Bentley
Proposal
Location
Great Bentley Parish Council
14/01134/OUT
Refusal - Outline
03.11.2014
Delegated
Decision
01
Mr D Shipp, Mr &
Mrs D Bennett
The site lies outside of the settlement development boundary of the Tendring District Local
Plan (2007) and relates to open market housing. Saved Policy QL1 follows established
principles for sustainable development and seeks to concentrate new development within
established settlements. Elsewhere, only development which is consistent with countryside
policies will be permitted.
It is accepted that the Council is currently unable to demonstrate a five year supply of deliverable
housing sites but the provision of the number of dwellings indicated would make only a
modest contribution to the supply for the district as a whole. As an adequate supply of land for
housing cannot be demonstrated, paragraph 49 of the National Planning Policy Framework
(NPPF) applies in relation to the three dimensions of sustainable development. In terms of the
social dimension Aingers Green is a small rural settlement with limited facilities, there is a
public house, a farm shop and a limited bus service. The occupiers of the proposed dwellings
would therefore be likely to use private motor vehicles for the vast majority of trips, including
their day-to-day needs and therefore the proposal fails to meet the social dimension of
sustainable development. These concerns are not outweighed by the short-term economic
benefits of construction or the longer-term economic benefits which would result from
residents using shops and services.
It is considered that for the above reasons, the principle of residential development on this site is not
acceptable as it would not represent a sustainable form of development in terms of location.
02
The proposal results in the loss of the garden area and a reduction in the space available for
parking at The Royal Fusilier Public House. Policy COM3 of the Tendring District Local Plan
2007 sets out requirements to protect existing local services and facilities. A public house is
considered to be a local facility and as The Royal Fusilier is the only one in Aingers Green it is
a facility which is protected by Policy COM3. One of the criteria set out in the policy is that
'the partial redevelopment or change of use of a facility will only be permitted providing that it
Decisions for the Week Ending 7th November 2014
Application No.
Decision
Date of Decision
Conditions/Reasons
Applicant’s Name
Proposal
Location
will not prejudice the viability or future operation of that facility'. This is supported by the
Paragraph 17 of the National Planning Policy Framework which states that planning policies
and decisions should guard against the unnecessary loss of valued facilities and services.
The proposal results in 10 spaces being retained, based on the floor area of the public house Essex
County Council Parking Standards require a maximum of 28 spaces. It is noted that this is a
maximum standard, however, given the rural location of the site it is considered that the
parking provision should be nearer the maximum. With the reduced parking area and the
loss of the garden area, there is concern that the proposal would prejudice the future
operation of The Royal Fusilier as a local facility.
14/01323/COUN
OT
Prior aprv req deemed appl
refused
05.11.2014
Delegated
Decision
01
Mr A Irwin
Proposed minor
demolition and the
internal conversion of the
remainder of the building
to form a 4 bedroom
dwelling.
St Marys Hall Farm Barn
St Marys Road
Great Bentley
Paragraph 120 of the National Planning Policy Framework ("the Framework") states that "to
prevent unacceptable risks from pollution, ... planning ... decisions should ensure that new
development is appropriate for its location". Paragraph 121 goes on to state that decisions
should also ensure that "the site is suitable for its new use taking account of ground
conditions, ... including from ... former activities such as pollution arising from previous uses".
Saved Tendring District Local Plan (2007) Policy COM19 and criterion (v) of Saved Plan
Policy QL11, as well as criterion (iii) of Part C of Tendring District Local Plan: Proposed
Submission Draft (2012) as amended by the Tendring District Local Plan: Pre-Submission
Focussed Changes (2014) Policy SD9, all take a similar approach.
An application has been made for "Prior approval of proposed change of use of agricultural building
to a dwellinghouse (Use Class C3), and for associated operational development". Given the
current use of the site for agriculture an objection has been received from the Council's
Environmental Health team on site contamination grounds. It is likely that such a use could
have included the spilling of contaminants into the ground. No details of any contamination
survey and, if required, mitigation have been submitted. Given that planning conditions cannot
be used due to the type of application made, the proposal would be contrary to the aforementioned Paragraphs and policies.
02
Paragraph 17 of the Framework requires, amongst other things, a good standard of amenity
for all existing and future occupants of land and buildings. Paragraph 109 also requires that
the planning system should contribute to and enhance the natural and local environment by,
amongst other things, "preventing both new and existing development from ... being adversely
affected by unacceptable levels of ... air or noise pollution". Saved Tendring District Local
Plan (2007) Policy QL11 states that development will only be permitted if, amongst other
things, 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". A similar
approach is taken in criterion (iii) of Part C of Tendring District Local Plan: Proposed
Submission Draft (2012) as amended by the Tendring District Local Plan: Pre-Submission
Focussed Changes (2014) Policy SD9.
Whilst the proposed dwelling might be occupied in connection with the farm, there would be no
restrictions on who could occupy the dwelling. It is considered that a dwelling adjacent to a
Decisions for the Week Ending 7th November 2014
Application No.
Decision
Date of Decision
Conditions/Reasons
Applicant’s Name
Proposal
Location
cattle shed and stables would be undesirable, due to the noises and smells associated with
livestock buildings. As such it would be undesirable for the building to change from agricultural
to residential use and the proposal would be contrary to the afore-mentioned Paragraphs and
policies.
Great Bromley Parish Council
No Determinations
Great Oakley Parish Council
No Determinations
Harwich Town Council
14/01286/LBC
Approval - Listed
Building Consent
07.11.2014
Delegated
Decision
01
Jennifer Monks
Replace double doors
which were fitted cira
2011. Fit ¾ single
glazed timber doors.
Replace single external
door. Replace 5
casement sash windows
to west and north
elevations of annexe with
8 pane single glazed
windows and install an
external gas and
electricity meter box on
external wall of annexe.
Annexe
Dovercourt Hall
Hall Lane
Dovercourt
The works hereby permitted shall begin before the expiration of three years from the date of
this consent.
Reason - To comply with the requirements of Section 18(1) of the Planning (Listed Buildings and
Conservation Areas) Act 1990, as amended by the Planning and Compulsory Purchase Act
2004.
02
Before any work hereby permitted is commenced drawings to a scale of not less than 1:5 fully
detailing the new or replacement windows and doors to be used and indicating cross sections
for glazing bars, sills and heads together with details of the external colour to be used in their
painting shall be submitted to and approved in writing by the Local Planning Authority. The
approved works shall be installed/carried out in complete accordance with the approved
details.
Reason - In the interests of protecting the historic and architectural character of this "listed" building.
03
The gas and electricity meter box hereby approved shall be permanently fitted with a closing
lid and shall be painted in a external colour to match the colour of the new external doors
hereby approved as agreed by the Council under Condition 2 of this planning permission.
Reason: In the interests of preserving the historic and architectural character of this "Listed" building.
04
The development hereby permitted shall be carried out in accordance with the following
approved plans: revised side elevation drawing at a scale of 1:50 received on 27th October
2014, existing front elevation drawing at a scale of 1:50, floor plans drawing at a scale of 1:50,
photo of external door received on 27th October 2014 and photo of hardwood external door
pair - Hampstead design.
Decisions for the Week Ending 7th November 2014
Application No.
Decision
Date of Decision
Conditions/Reasons
Applicant’s Name
Proposal
Location
Reason - For the avoidance of doubt and in the interests of proper planning.
14/01299/FUL
Approval - Full
04.11.2014
Delegated
Decision
01
Mr Nicholas
Osman
Proposed two storey rear
extension.
429 Main Road
Harwich
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: AD/MR/101 and AD/MR/102.
Reason - For the avoidance of doubt and in the interests of proper planning.
Lawford Parish Council
14/01324/FUL
Approval - Full
07.11.2014
Delegated
Decision
01
Mrs Brenda
Westwood
Construction of 3.6m2
stable on a 3.9m x 5.75m
concrete base near an
existing stable block.
Orchard View
Harwich Road
Lawford
Manningtree
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: Block Plans, Floor Plan and Elevations received on 12th September 2014.
Reason - For the avoidance of doubt and in the interests of proper planning.
Little Bentley Parish Council
No Determinations
Little Bromley Parish Council
No Determinations
Little Clacton Parish Council
No Determinations
Little Oakley Parish Council
14/01353/FUL
Approval - Full
05.11.2014
Delegated
Decision
01
Mr & Mrs
Jennings
Proposed two storey side
extension.
35 Oakridge
Little Oakley
Harwich
The development hereby permitted shall be begun before the expiration of three years from
Decisions for the Week Ending 7th November 2014
Application No.
Decision
Date of Decision
Conditions/Reasons
Applicant’s Name
Proposal
Location
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 No. 01 Revision A and Block Plan 1:100 received 31 October 2014.
Reason - For the avoidance of doubt and in the interests of proper planning.
03
The car parking spaces marked P1 and P2 on Block Plan 1:100 received 31 October 2014
shall be maintained free from obstruction at all times for the sole purpose of vehicle parking.
Reason - To ensure adequate off street parking at the site, in the interests of highway safety.
Manningtree Town Council
No Determinations
Mistley Parish Council
14/01039/FUL
Approval - Full
07.11.2014
Delegated
Decision
01
Stour Valley Care
Group
Variation of condition 1 of
13/00669/FUL to vary
drawings to include the
addition of a front
entrance porch.
Long Furrows
4 Long Road
Mistley
Manningtree
The development hereby permitted shall not be carried out except in complete accordance
with the details shown on the submitted plans, drawing numbers 666/20/C, 666/21/B,
666/22/C, 666/23/D, 666/24/B, 666/25/C, 666/26/A, 666/27 and 666/28 and the
recommendations detailed within the Hayden's Tree Survey, Arboricultural Implication
Assessment and Preliminary Method Statement & Tree Protection Plan Project No:3287 and
produced on 5th November 2012 as submitted with planning application 12/00996/FUL.
Reason - For the avoidance of doubt and in the interests of proper planning.
02
The external facing materials to be used in construction of the permitted development shall be
those approved under the terms of 13/00579/DISCON, unless otherwise agreed, in writing, at
a later date with the Local Planning Authority. The approved external facing materials are as
follows:
Brickwork
Render
Roof Tiles
Ibstock Ivanhoe Katrina Multi Red
Sand/Cement render painted cream in colour
Sandtoft Humber Clay plain tile colour Flanders
Reason - To ensure a high quality development as the buildings will be public visible.
03
The approved scheme of landscaping detailed within the Elwood Landscape Design Drawing
No. SNOW 322/7-001, as approved under the terms of 13/00671/DISCON shall be
implemented not later than the first planting season following commencement of the
development (or within such extended period or phased arrangement as the Local Planning
Authority may allow) and shall thereafter be retained and maintained for a period of five years.
Any plant material removed, dying or becoming seriously damaged or diseased within five
years of planting shall be replaced within the first available planting season and shall be
Decisions for the Week Ending 7th November 2014
Application No.
Decision
Date of Decision
Conditions/Reasons
Applicant’s Name
Proposal
Location
retained and maintained.
Reason - To ensure that the development provides a satisfactory setting having regard to its location,
in accordance with Policies QL9 and QL10 of the Tendring District Local Plan.
04
Any trees or plants which within a period of 5 years from the completion of the development
die, are removed or become seriously damaged or diseased shall be replaced in the next
planting season with others of a similar size and species, unless the Local Planning Authority
gives written consent to any variation.
Reason - To ensure that the development provides a satisfactory setting having regard to its location,
in accordance with Policies QL9 and QL10 of the Tendring District Local Plan.
05
The on-site cycle and powered two-wheelers provision shall be those approved under the
terms of 14/01029/DISCON. The approved cycle and powered two-wheelers storage facilities
shall be installed and made available for use before first occupation of the care home, and
thereafter be retained in the approved form.
Reason - To promote the use of sustainable means of transport.
06
No floodlighting or other means of external lighting shall be installed until details of the
illumination scheme have been submitted to and approved in writing by the Local Planning
Authority. Development shall only be carried out in accordance with the approved details.
Reason - In the interests of amenity to reduce the impact of night time illumination on the character of
the area.
07
No site clearance or construction work shall take place on the site on Sundays or public
holidays. On all other days no site clearance or construction work shall take place on the site
outside of the following times:
0700 - 1900 on Mondays to Fridays
0800 - 1300 on Saturdays
These restrictions shall apply throughout the site clearance and construction period, unless otherwise
agreed in writing by the Local Planning Authority.
Reason - To safeguard the amenity of occupiers of neighbouring property during the site clearance
and construction period of the development.
08
Prior to occupation of any of the hereby permitted development, the hereby permitted private
drive shall be constructed at right angles to the highway boundary, to a width of 5.5m for at
least the first 12m within the site tapering one-sided over the next 6m to no less than 3.7m in
width and shall be provided with a connection to Clacton Road and a dropped kerb vehicular
crossing of the footway/highway.
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.
09
Prior to the hereby permitted access being brought into use, vehicular visibility splays of 90m
x 2.4m x 90m, as measured along, from and along the nearside edge of the carriageway, shall
be provided on both sides of the centre line of the access and shall be maintained in
perpetuity free from obstruction exceeding a height of 600mm.
Decisions for the Week Ending 7th November 2014
Application No.
Decision
Date of Decision
Conditions/Reasons
Applicant’s Name
Proposal
Location
Reason - To ensure adequate intervisibility between drivers of vehicles using the hereby permitted
access and those in the adjoining highway, in the interests of highway safety.
10
No unbound materials shall be used in the surface treatment of the proposed vehicular access
within 12m of the highway boundary.
Reason - To ensure that loose materials are not brought out onto the highway, in the interests of
highway safety.
11
The development shall not be occupied until such time as the car parking area, indicated on
the approved plans has been hard surfaced, sealed and marked out in parking bays. The car
parking area shall be retained in this form at all times and shall not be used for any purpose
other than the parking of vehicles related to the use of this development.
Reason - To ensure that on-street parking of vehicles in the adjoining streets does not occur, in the
interests of highway safety.
12
The parking spaces/vehicular hardstandings shall be constructed to minimum dimensions of
5.5m x 2.9m.
Reason - To encourage the use of off-street parking, in the interests of highway safety.
13
On-site parking facilities in relation to the demolition and construction works and vehicles,
loading and unloading area for demolition and construction materials and the construction and
fitting out phases shall be provided in accordance with the details approved under the terms of
13/00579/DISCON.
Reason - To ensure that on-street parking of these vehicles in the adjoining roads does not occur, in
the interests of highway safety.
14
The wheel and underbody cleaning facilities approved under the terms of 13/00579/DISCON
shall be maintained during the periods of demolition/construction.
Reason - To ensure that loose materials and spoil are not brought out onto the highway, in the
interests of highway safety.
15
The premises shall only be used as a residential care home and for no other purpose
including any other purpose in Class C2 of the Schedule to the Town and Country Planning
(Use Classes) Order 1987 (or in any provision equivalent to that Class in any Statutory
instrument revoking and re-enacting that Order with or without modification), without the
express written permission of the Local Planning Authority, upon formal application having
been made.
Reason - Alternative uses permitted under the Town and Country Planning (Use Classes) Order 1987
would have an impact on residential amenity over and above that of a residential care home
facility by reason of the likely increased intensity of use in this edge of village location in close
proximity to residential development, therefore the condition is in accordance with Policy
COM5 (iii) of the Tendring District Local Plan 2007, which requires the Local Planning
Authority to withdraw permitted development rights where there is evidence to suggest that a
change of use from that granted to another use within the same Use Class would be
inappropriate.
Decisions for the Week Ending 7th November 2014
Application No.
Decision
Date of Decision
Conditions/Reasons
Applicant’s Name
14/01476/TCA
Approval - Full
04.11.2014
Delegated
Decision
Dr A A Nasta
Proposal
Location
2 No. Cherry - fell
Oxford House
36 Oxford Road
Manningtree
Construction of
hardstanding (to replace
existing) including new
roads, kerbs, gullies and
drainage system.
Surya Rice
4 Europa Way
Harwich
Temporary mobile home
for an essential rural
worker.
Martins Grove
Frowick Lane
St Osyth
Ramsey & Parkeston Parish Council
12/01080/FUL
Approval - Full
06.11.2014
Delegated
Decision
01
Flying Trade
Limited - Mr Suki
Dulai
No conditions.
St Osyth Parish Council
14/00674/FUL
Refusal - Full
06.11.2014
Delegated
Decision
01
Mr E Greig
The proposed temporary mobile home for an essential rural worker is contrary to the National
Planning Policy Framework (2012), saved Policy HG17 of the Tendring District Local Plan
(2007) and Policy COU5 of the Tendring District Local Plan: Proposed Submission Draft 2012
as amended by the Tendring District Local Plan: Pre-Submission Focussed Changes (2014).
The National Planning Policy Framework (2012) states that Local planning authorities should avoid
new isolated homes in the countryside unless there are special circumstances such as the
essential need for a rural worker to live permanently at or near their place of work in the
countryside.
Policy HG17 of the Tendring District Local Plan (2007) and Policy COU5 of the Tendring District
Local Plan: Proposed Submission Draft 2012 state, amongst other things, that dwellings in the
countryside, related to and located in the immediate vicinity of a rural enterprise, will only be
permitted where;
- evidence has been submitted to the satisfaction of the Council that there is an existing agricultural,
forestry or other rural business-related functional need for a full time worker in that location;
- there are no suitable alternative existing dwellings (or existing rural buildings available suitable for
re-use or conversion to residential use) available or which could be made available in the
locality to serve the identified functional need;
- it can be demonstrated that the enterprise is, or will be in the case of new businesses, a viable
business with secure future prospects; and
- the size and the nature of the proposed dwelling is commensurate with the needs of the enterprise
concerned;
In this instance it has not been adequately demonstrated that there is a functional need for an
essential rural worker's mobile home to be sited within the woodland. Furthermore, no
financial information has been provided to demonstrate that the enterprise is viable and that
Decisions for the Week Ending 7th November 2014
Application No.
Decision
Date of Decision
Conditions/Reasons
Applicant’s Name
Proposal
Location
the proposal is necessary to sustain the effective operation of a viable rural business.
Therefore in the absence of an agricultural need justification and any substantive detail to clarify the
nature and extent of the current business, a clarification as to why a full time worker is
required to reside within Martins Grove and a detailed clarification as to why the applicant's
current residence (Fallows Hall) cannot fulfil the functional need, the proposal is contrary to
the aforementioned planning policies and government guidance.
Tendring Parish Council
No Determinations
Thorpe-le-Soken Parish Council
No Determinations
Thorrington Parish Council
No Determinations
Weeley Parish Council
14/01328/FUL
Approval - Full
07.11.2014
Delegated
Decision
01
Weeley Rainbow
Pre -School
Proposed canopy and
continued use as pre school.
Weeley Rainbow Pre-School
C/O St Andrews School
Main Road
Weeley
The canopy 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 numbers 20143-3 and 20143-2.
Reason - For the avoidance of doubt and in the interests of proper planning.
Wix Parish Council
No Determinations
Decisions for the Week Ending 7th November 2014
Application No.
Decision
Date of Decision
Conditions/Reasons
Applicant’s Name
Proposal
Location
Wrabness Parish Council
14/01344/FUL
Approval - Full
07.11.2014
Delegated
Decision
01
Mr Geoff
Kurnatowoki
Variation of condition 2 of
planning permission
13/00225/FUL to amend
the detailed design.
Priory Barn
Harwich Road
Wrabness
Manningtree
The development hereby permitted shall not be carried out except in complete accordance
with the details shown on the submitted plans drawing numbers PJB/1735/02A,
PJB/1735/03B, PJB/1735/04B, PJB/1735/05A, and PJB/1735/06B.
Reason - For the avoidance of doubt and in the interests of proper planning.
02
Notwithstanding the provisions of Article 3, Schedule 2, Part 1 Classes A-H (inclusive) and
Part 2 Class A of the Town and Country Planning (General Permitted Development) Order
1995 (or any Order revoking and re-enacting that Order with or without modification), no
enlargement, improvement or other alteration to the dwelling or its curtilage including
boundary treatments shall be erected or carried out except in accordance with drawings
showing the siting and design of such enlargement, improvement or other alteration which
shall previously have been submitted to and approved, in writing, by the Local Planning
Authority.
Reason - To protect the character of the building and to retain adequate private amenity space for
this large dwelling.
03
All changes in ground levels, hard landscaping, planting, seeding or turfing shown on the
approved landscaping details drawing number PJB/1735/05A shall be carried out during the
first planting and seeding season (October - March inclusive) following the commencement of
the development or in such other phased arrangement as may be agreed in writing by the
Local Planning Authority. Any trees or shrubs which, within a period of 5 years of being
planted die, are removed or seriously damaged or seriously diseased shall be replaced in the
next planting season with others of similar size and species, unless the Local Planning
Authority agrees in writing to a variation of the previously approved details.
Reason - The application site is within a sensitive rural location and therefore an effective means of
implementing the approved scheme is required.
04
The boundary treatments as shown on drawing number PJB/1735/05A shall be erected prior
to the dwelling being first occupied and thereafter be retained in the approved form.
Reason - In the interests of visual amenity and preserving the rural character of the surrounding area.
05
The conversion of the building shall be carried out and completed in all respects in
accordance with timber frame drawing PJB/1735/04B or such amendments as may be
agreed, in writing, with the Local Planning Authority prior to the building being first brought into
the use hereby permitted.
Reason - To enable the Local Planning Authority to be satisfied that the detailed works proposed are
a genuine conversion of the building in the spirit of this permission and in order not to devalue
the exception to the normal restrictive Development Plan policies for development in rural
areas.
06
Notwithstanding the provision of Article 3, Schedule 2 Part 2 Class C of the Town and Country
Decisions for the Week Ending 7th November 2014
Application No.
Decision
Date of Decision
Conditions/Reasons
Applicant’s Name
Proposal
Location
Planning (General Permitted Development) Order 1995, (or any Order revoking and reenacting that Order with or without modification), the external timber cladding of the building
shall only be repainted in black unless the Local Planning Authority has agreed otherwise, in
writing.
Reason - To enable the Local Planning Authority to retain control over such works in order to ensure
that the essential character of the building and the approved scheme is retained and that the
barn retains a traditional Essex appearance.
07
No work shall commence on the conversion of the barn until all the measures for
enhancement of the replacement bat roost building detailed in the letter dated 15th October
2014 from Essex Ecology Services Limited have been completed.
Reason - In order to safeguard protected wildlife species and their habitats.
Decisions for the Week Ending 7th November 2014
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