Agenda item

P0080.14 - HIGHVIEW 2 WARLEY ROAD, UPMINSTER

Minutes:

The proposal before Members was for the conversion of an existing integral garage into a habitable room, construction of a new detached garage and the provision of a front dormer window with a hipped roof design. In order to reduce the volume of cumulative additions to the property the proposal included the demolition of the existing single storey swimming pool building in the rear garden.

 

The application was deferred at the Committee meeting on 3rd April 2014 in order for staff to explore scope for a legal agreement. The purpose of the legal agreement would be to require demolition of the swimming pool building and any subsequent buildings built as permitted development prior to implementation of proposal and the prevention of any further permitted development post implementation.

 

The report recommended that planning permission be refused, however following a motion to grant planning permission and without further debate it was RESOLVED to delegate to the Head of Regulatory Services to grant planning permission subject to prior completion of a legal agreement to secure the following:

 

Prior to the commencement of development pursuant to planning permission (reference P0080.14) (“the Planning Permission”)

  • (a)the swimming pool and swimming pool building shall be removed from the land together with all machinery, apparatus, equipment and installations connected with the swimming pool use; and
  • (b)the site of the former swimming pool shall be back filled with appropriate topsoil, soft landscaped and returned to garden use within the first planting season following removal of the swimming pool; and
  • (c)all development carried out under the provisions of the Town and Country Planning (General Permitted Development) Order 1995 Article 3, Schedule 2, Part 1, as amended by the Town and Country Planning (General Permitted development) (Amendment) (no. 2)(England) Order 2008,(or any order revoking and re-enacting that order with or withoutmodification) (“the GPD Order 1995”) following the resolution to grant Planning Permission shall be removed from the land unless permission under the provisions of the Town and Country Planning Act 1990 has first been sought and obtained in writing from the Local Planning Authority.

to the satisfaction of the Local Planning Authority

 

Following commencement of development pursuant to the Planning Permission all rights under the GPD Order 1995 shall be removed from the land unless permission under the provisions of the Town and Country Planning Act 1990 has first been sought and obtained in writing from the Local Planning Authority.

 

To pay the Council’s reasonable legal costs in association with the preparation of a legal agreement, prior to completion of the agreement, irrespective of whether the legal agreement is completed.

 

Payment of the appropriate planning obligation/s monitoring fee prior to completion of the agreement.

 

and subject to conditions delegated to  the Head of Regulatory Services.

 

The reason for approval was that removal of the existing swimming pool building and control of any further permitted development structures through a legal agreement significantly improved the sites contribution to openness of the Green Belt and that the garage caused no physical harm to the Green Belt.

 

 

 

 

 

Supporting documents: