Demolition of existing multi-story car park and clearnace of site. Construction of replacement multi-story car park, 28no. residential (Class C3) apartments, and 5no. flexible units (Class E, F1, F2 and related Sui Generis uses).

Earlier on in the meeting, as detailed under Minute 18 above, Councillors Alexander and Smith had both declared an Interest in this application. They thereupon withdrew from the meeting and left the room whilst the Committee deliberated on this application and reached its decision.

Members were told that this application was before the Planning Committee on the basis that the applicant and owner of the site was Tendring District Council. The application sought the demolition of the existing multi-story car park and all other structures, to be replaced by a new multi-story car park providing 301 spaces, the erection of 28 affordable residential units and the erection of 1,330sqm of flexible commercial floorspace.

Officers made Members aware that, since the resolution of approval subject to securing a Section 106 legal agreement for affordable housing provision and Biodiversity Net Gain (BNG) by the Planning Committee in March 2025, it had not been possible to enter into such a Section 106 legal agreement to secure the monitoring of the BNG. That was due to Tendring District Council being the landowner, and alternative arrangements between the applicant and legal services to secure those legal obligations had been agreed. That was because the delivery of the onsite habitat creation and enhancement works, and arrangements for its subsequent management and monitoring, required approval by the Local Planning Authority through the discharge of the statutory BNG condition. To facilitate those agreements to achieve the same outcome as the Planning Committee had resolved in March 2025, a change in resolution was required. That included a further planning condition requiring the submission of a 30-year Habitat Monitoring and Management Plan (HMMP) prior to the commencement of development.

To address the outstanding matter, it was proposed to allow BNG to be completed solely through the use of planning conditions instead of a legal agreement. Condition 18 of the earlier report, which required the submission of a biodiversity gain plan, was proposed to remain. However, it was now recommended to include one further condition requiring the submission of a 30-year Habitat Monitoring and Management Plan (HMMP) prior to the commencement of development. The full details of that condition were shown in the Officer report (Condition 20), however it would require details of features to be managed, ecological trends/constraints that might influence management, details of monitoring and a timetable, as well as reporting on specific years.

The Committee was informed that all other elements of the proposed development remained exactly as per the report put before Members of the Planning Committee in March 2025.

The Committee had before it the published Officer report containing the key planning issues, relevant planning policies, planning history, any response from consultees, written representations received and a recommendation of approval.

At the meeting, an oral presentation was made by the Council’s Head of Planning and Building Control (JP-G) in respect of the application.

An Officer Update Sheet had been circulated to Members prior to the meeting which informed the Committee as follows:-

“a) The recommendation is  ...  view the full minutes text for item 22