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BRIGHTLINGSEA PLANNING

Strangers Way, Church Road , Brightlingsea

Application No:
21/00208/FUL
Application For:
Erection of 5 no. self-contained residential houses (bungalows) with associated parking, landscaping and amenity space
Applicant:
Park Mark Ltd
Decided On:
November 5, 2021
TCC Decision:
Refused
Notes:
01 Policy HG13 of the Tendring District Local Plan 2007 states that proposals for the residential development of 'backland' sites will be permitted where all of the following criteria are met: i. The site lies within a defined settlement development boundary and does not comprise land allocated or safeguarded for purposes other than a residential use; ii. Where a proposal includes existing private garden land which would not result in less satisfactory access or off-street parking arrangements, an unacceptable reduction in existing private amenity space or any other unreasonable loss of amenity to existing dwellings; iii. A safe and convenient means of vehicular and pedestrian access/egress can be provided that is not likely to cause undue disturbance or loss of privacy to neighbouring residents or visual detriment to the street scene. Long or narrow driveways will be discouraged; iv. The proposal does not involve tandem development using a shared access; v. The site does not comprise an awkwardly shaped or fragmented parcel of land likely to be difficult to develop in isolation or involve development which could prejudice a more appropriate comprehensive development solution; vi. The site is not on the edge of defined settlements and likely to produce a hard urban edge or other form of development out of character in its particular setting; and vii. The proposal would not be out of character with the area or set a harmful precedent for other similar forms of development. Policy SP7 of the Tendring District Local Plan 2013-2033 and Beyond Section 1 (adopted January 2021) which states that development should protect the amenity of existing and future residents and users with regard to noise, vibration, smell, loss of light, overbearing and overlooking. Current emerging Policy LP8 of the Tendring District Local Plan 2013-2033 and Beyond Publication Draft states that proposals for residential development of 'backland' sites must comply with the following criteria: a. Where the development would involve the net loss of private amenity space serving an existing dwelling, that dwelling must be left with a sufficient area of private amenity space having regard to the standards in this Local Plan; b. A safe and convenient means of vehicular and pedestrian access/egress must be provided that does not cause undue disturbance or loss of privacy to neighbouring residents or visual detriment to the street scene. Long or narrow driveways will not be permitted; c. The proposal must avoid 'tandem' development using a shared access; d. The site must not comprise an awkwardly shaped or fragmented parcel of land likely to be difficult to develop in isolation or involve development which could prejudice a more appropriate comprehensive development solution; e. The site must not be on the edge of defined settlements where likely to produce a hard urban edge or other form of development out of character in its particular setting; and f. The proposal must not be out of character with the area or set a harmful precedent for other similar forms of development. The proposed development includes a long and narrow driveway to be located directly adjacent to the side elevation of the property known as 'Strangers Way'. The driveway and its use will result in a loss of privacy, increased noise and vehicular movements and light pollution to the detriment of the occupiers of Strangers Way. The introduction of this long and narrow driveway access in a location close to the side elevation and rear garden of Strangers Way is therefore contrary to Policy SP7, point (iii) of Policy HG13 and point (b) of emerging Policy LP8. 02 Paragraph 130 of the National Planning Policy Framework 2021 states that planning policies and decisions should ensure that developments, amongst other things, are sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change. Policy SP7 of the Tendring District Local Plan 2013 and 2033 and Beyond Section 1 (adopted January 2021) states that all new development must meet high standards of urban and architectural design and development should respond positively to local character and context to preserve and enhance the quality of existing places and their environs. It is considered that the proposal is contrary to the above policies as it results in a cramped nature which is out of character with the surrounding area, which is predominately characterised by detached dwellings with large rear gardens.

 About planning

Tendring District Council is the planning authority for Brightlingsea and has the power to approve or reject applications.
Applications to TDC come before Brightlingsea Town Council for comment. The town council can support or object to an application, but cannot approve or reject. TDC’s planning committee and officers may or may not take any comments by the town council into consideration.
Currently none of Brightlingsea’s Tendring councillors sit on the district council’s planning committee.
The data on this page is taken from information published by Tendring District Council. We do our best to keep it up to date, but it should not be relied upon as a complete record.

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