The Chairman informed the meeting that Planning Application 22/00688/FUL would not be considered at this meeting and would be deferred to the next Committee meeting as Members had not been able to access the site due to the fact that the agent for this application had not been made aware of this site visit.

The Committee is asked to note any apologies for absence and substitutions received from Members.

Apologies were received from Councillors Fowler (Vice-Chairman) and Placey with no substitutions.

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on Tuesday 2 August 2022.

It was moved by Councillor Alexander, seconded by Councillor Harris and RESOLVED that the minutes of the last meeting of the Committee held on 2 August2022 be approved as a correct record.

Councillors are invited to declare any Disclosable Pecuniary Interests or Personal Interest, and the nature of it, in relation to any item on the agenda.

Though this application would not now be considered at this meeting Councillor Wiggins declared an Interest in A.1 Planning Application 22/00688/FUL due to being a Ward Member.

Councillor Harris declared Interest in relation to item B of the Report of the Assistant Director (Planning) due to his having not taken part in the Committee’s previous discussions of application 21/02027/FUL. He considered that therefore he would not participate in the Committee’s deliberations and decision making for this Item.  The Monitoring Officer explained that although Councillor Harris could not be involved in the Committee’s discussion or vote, he could stay for the “Part B” section, if he wished to do so as an elected member of the Council. 

Councillor Baker declared an Interest in Agenda Item 7 (Revised Planning Enforcement Policy) due to his having been asked to chair the Resources and Services Overview and Scrutiny Committee’s Task and Finish group on this policy. He confirmed that he was not pre-determined and that therefore he would participate in the Committee’s deliberations and decision making for this Item.

Subject to providing two working days’ notice, a Member of the Committee may ask the Chairman of the Committee a question on any matter in relation to which the Council has powers or duties which affect the Tendring District and which falls within the terms of reference of the Committee.

There were none on this occasion.

The application is put before the Planning Committee as the proposed development would conflict with the requirements of the Development Plan, principally Policy SPL2 (Settlement Development Boundaries) of the Tendring District Local Plan 2013-2033 and Beyond Section 2 (adopted January 2022) being located outside of any settlement development boundary, and is recommended for approval.  

This item had been deferred by the Chairman for the reason set out in Minute 30 above.

The application is referred to Planning Committee as the proposed development would conflict with the requirements of the Development Plan, principally Policy SPL2 (Settlement Development Boundaries) of the Tendring District Local Plan 2013-2033 and Beyond Section 2 (adopted January 2022) being located outside of any settlement development boundary, and is recommended for approval.  

It was report that this application had been referred to Planning Committee as the proposed development would conflict with the requirements of the Development Plan, principally Policy SPL2 (Settlement Development Boundaries) of the Tendring District Local Plan 2013-2033 and Beyond Section 2 (adopted January 2022) as being located outside of any settlement development boundary.

Members were informed that the proposed dwelling was not considered by Officers to be so materially different in regards to siting, height, footprint to the development approved under prior approval 21/00460/COUNOT. In the absence of any material harm resulting from the development in regards to its individual appearance, its impact on the wider streetscene, its impact on the character of the rural landscape, its impact on neighbours in regards to amenity and the parking provision, the application had been recommended for approval by Officers.

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 Planning Manager (John Pateman-Gee) in respect of the application.

Peter Le Grys, the agent acting on behalf of the applicant, spoke in support of the application.

Bill Marshall, a local resident, spoke in support of the application.

To seek the Planning Committee approval for the revised Planning Enforcement Policy document and note the content of the associated Harm Assessment Form.   The policy document is contained at Appendix A and the Harm Assessment Form at Appendix B.

The Committee was reminded that the National Planning Policy Framework 2021 required local planning authorities to consider publishing a local planning enforcement policy or plan which described how the Council would manage planning enforcement in a way which was appropriate to their specific area. The NPPF also made clear that planning enforcement was discretionary and local authorities should act proportionately in responding to breaches of planning control.

Attached to the agenda was the Planning Enforcement Policy document which was a revision to the original version published in 2010 and which followed the adoption of the Tendring District Local Plan 2013 -2033 and Beyond in January 2022. The purpose of the Enforcement Policy was to provide elected Members and the wider public with a clear understanding of how planning enforcement would be delivered by this Council and the criteria used in making assessment of potential breaches of planning law.

Members were aware that the Council also had a Corporate Enforcement Plan (adopted in 2017) which identified on a corporate level how the local authority would implement its enforcement responsibilities.

The Committee had before it the published Officer report containing the Policy details for Planning Enforcement with the recommendation to adopt the revised version of the Planning Enforcement Policy document 2022 and note the content of the Harm Assessment Form.

At the meeting, an oral presentation was made by the Council’s Assistant Director (Planning) (Graham Nourse) in respect of the Policy.

The Committee is asked to consider passing the following resolution: - “that under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during the consideration of Agenda Item 9 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A, as amended, of the Act.

It was moved by Councillor Alexander, seconded by Council Baker and RESOLVED that:-

The Committee is asked to consider passing the following resolution: - “that under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during the consideration of Agenda Item 9 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A, as amended, of the Act.

The Chairman of the Committee has agreed that this matter can be brought before the Planning Committee, as an urgent item, in order to meet the Planning Appeal timetable relating to planning application 21/02027/FUL – LAND AT CHURCH ROAD (FORMER COLCHESTER INSTITUTE), CLACTON-ON-SEA.

RESOLVED that:

1.    The Planning Committee notes the summary legal advice received from external Counsel;

2.    In light of the clear legal advice the Planning Committee confirms that it does not wish to continue defending ground 1

3.   That Officers are instructed to work with Counsel to defend the planning appeal on the ground of reason 2; and

4.  That Officers are instructed to enter into a Section 106 Agreement to secure financial contributions for RAMS, NHS and open space and if such deed is completed the ground of reason 4 will also not be defended. The s106 Agreement to also include a viability review clause in respect of the affordable housing contribution