Agenda item

(Director of Planning and Economic Development) – To consider the attached report.

The Planning Officer reported that this application was before the Committee since the recommendation to grant planning permission was contrary to an objection from a local council which was material to the planning merits of the proposal.  In addition the recommendation conflicted with a previous resolution of a Committee.

Members were informed that Condition 8 of planning permission EPF/2300/11 required that prior to commencement of development, the existing fencing at the front of the site had to be removed or set back from the carriageway edge by a minimum of 2.4 metres and that thereafter the 2.4 metre strip between the carriageway edge and the new fence line should remain clear of any obstruction. 

The Planning Officer reported that the Chigwell Parish Council had objected to the removal of the condition on the grounds that it served a highway safety purpose and improved aesthetics.  He advised that the stated reason for attaching the condition solely related to the matter of highway safety and that it was not open to the Council to give weight to the matter of design.

The Committee were informed that Essex County Council as Highway Authority for the locality had been consulted on the proposal to remove the condition and had not raised any objection subject to the applicant being unable to erect a more solid boundary feature along the site frontage within 2.4 metres of the carriageway.

Members were informed that it was open to the Council to impose a replacement condition removing permitted development rights rather than simply agree the removal of Condition 8.  The Planning Officer reported that if the Committee were minded to take that step it would be necessary to issue a decision notice repeating all other conditions on the planning permission since the consent would amount to a new planning permission for the approved workshop building.

The Committee heard representations from the applicant’s agent.

The Committee concluded that since an alternative condition could be imposed that would properly deal with the matter of highway safety, condition 8 failed the tests of necessity and reasonableness.

            RESOLVED:

That planning application EPF/1340/12 be granted subject to the following conditions:

1.         The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this notice.

2.         Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 as amended (or any other order revoking, further amending or re-enacting that order with or without modification) no further buildings or extensions to existing buildings shall be erected (other than those expressly authorised by this permission).

3.         Within three months of the new building being erected, the existing workshop (shown cross-hatched on drawing no. JTS/7419/02) shall be demolished.

4.         The maintenance and repair of vehicles, including works associated with undertaking MOT's, shall not be undertaken in the open hard areas of the site as indicated as diagonally hatched on drawing no. JTS/7419/03.

5.         No construction works above ground level shall have taken place until documentary and photographic details of the types and colours of the external finishes have been submitted to and approved by the Local Planning Authority, in writing, prior to the commencement of the development. The development shall be implemented in accordance with such approved details.

6.         No development shall take place until wheel washing or other cleaning facilities for vehicles leaving the site during construction works have been installed in accordance with details which shall be submitted to and agreed in writing by the Local Planning Authority. The approved installed cleaning facilities shall be used to clean vehicles immediately before leaving the site.

7.         All construction/demolition works and ancillary operations, including vehicle movements on site which are audible at the boundary of noise sensitive premises, shall only take place between the hours of 07.30 to 18.30 Monday to Friday and 08.00 to 13.00 hours on Saturday, and at no time during Sundays and Public/Bank Holidays unless otherwise agreed in writing by the Local Planning Authority.

8.         Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 as amended (or any other Order revoking, further amending or re-enacting that Order) no works to erect, construct, improve or alter any gate, fence wall or other means of enclosure, including planting of vegetation, of the site adjacent to Gravel Lane permitted by virtue of Class A of Part 2 of Schedule 2 to the Order shall be undertaken without the prior written permission of the Local Planning Authority.