Agenda and minutes

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

There were none.

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on 6 March 2018.

It was moved by Councillor Hones, seconded by Councillor Alexander and RESOLVED that the minutes of the last meeting of the Committee, held on 6 March 2018, be approved as a correct record and signed by the Chairman, subject to planning condition number two in the resolution to minute 95 being amended to read as follows:-

“No development shall commence until the footpath and highways works as shown on Drawing No. S161/216 Rev. C have been provided (entirely at the developer’s expense).”

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

Councillor Everett declared an other interest in Planning Application 18/00175/FUL, insofar as he knew the details of the application and informed the meeting that therefore he would withdraw from the meeting whilst the Committee deliberated on the application and reached its decision.

Erection of 300 dwellings with vehicular access from Low Road, green infrastructure provision including children's play area, footpaths and cycle ways, structural landscaping, related infrastructure and service provision.

It was reported that this application had been referred to the Planning Committee at the request of Councillor Callender, a local Ward Member.

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 Agency Planner (RF) in respect of the application which included a verbal update that an additional email of objection had been received shortly before the meeting and outlined the contents of the same.

An update sheet was circulated to the Committee prior to the meeting with details of:

(1) Three typographical errors in the report;

(2) Consultation responses received from TDC Housing Department, Anglian Water, ECC SuDS and Natural England;

(3) One additional letter of objection received;

(4) Two further letters of objection received;

(5) Comments received from Essex Wildlife Trust;

(6) Comments received from the Local Highway Authority; and

(7) A revised recommendation provided by Officers.

Gordon Smith, a local resident, spoke against the application.

Councillor Pam Morrison, representing Harwich Town Council, spoke against the application.

Councillor Callender, a local Ward Member, spoke against the application.

Following discussion by the Committee and advice provided by Officers, it was moved by Councillor Everett, seconded by Councillor Alexander and unanimously RESOLVED:-

 (a) that consideration of this application be deferred for the following reasons:

·        To enable Officers to chase up on all outstanding consultation responses from Consultees.

·        To enable Officers to discuss with Highways the possibility of moving the southern access point opposite existing access and also the possible addition of a roundabout.

·        To enable Officers to discuss with Essex County Council Archaeology the possibility of war graves on the application site.

 (b) that this application be not  resubmitted to the Committee until  the final comments from Statutory Consultees, particularly ECC Highways, have been received.

1). Development of currently vacant site by way of the erection of single storey building for mixed A3/A5 use incorporating a drive thru lane, car and cycle parking and associated landscaping and boundary treatment.

2). Proposed illuminated & non-illuminated elevational signage & freestanding signage.

It was reported that this application had been referred to the Planning Committee at the request of Councillor Stock OBE, the local Ward Member.

Members were informed that the planning application proposal related to the erection of a fast food restaurant and drive-through including associated parking, delivery bay, footpaths and landscaping.

Members were further informed that the advertisement consent concerned illuminated signage to the proposed building, an illuminated totem sign to the front of the site and various information/direction signs within the site.

It was reported that the site was previously the subject of an approved planning application in 2009 for a car showroom with associated offices and servicing areas (08/00046/FUL). Works to the site access and the discharge of related planning conditions had ensured that this permission had now been implemented and remained live.

It was further reported that, in December 2012, planning application 12/01411/FUL and associated advertisement consent application 12/01412/ADV were submitted proposing the erection of a fast-food restaurant and ‘drive-thru’ with associated access road, parking for cars, cycles and motor-cycles, delivery bay, footpaths and associated landscaping, whilst the advertisement consent application proposed both elevational and freestanding internally illuminated signage.

Members were informed that, following the Council’s failure to determine either planning application 12/01411/FUL or the associated advertisement consent application 12/01412/ADV, within the statutory timescales, non-determination appeals had been submitted to the Planning Inspectorate. In May 2014, both the planning appeal and the associated express advertisement consent appeal had been determined by the Planning Inspectorate. Whilst the advertisement consent appeal had been allowed, the planning appeal had been dismissed. The sole reason for the dismissal of the planning appeal was that the proposal was considered to significantly harm the living conditions of the occupants of Lion and Lamb Cottage, due to the noise and disturbance associated with the day-to-day operations of the proposed development.

Members were further informed that it was important to note that whilst the description of the 2012 proposals  was similar to what was now being proposed, both the site area and layout, as well as the positioning of the proposed building, were now significantly different to the earlier applications. In the Officer’s view the re-location of the restaurant unit, the re-configuration of the parking layout and the provision of a robust landscaping buffer were considered to overcome the Planning Inspector’s previous concerns.

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 Team Leader (AN) in respect of the application.

An update sheet was circulated to the Committee prior to the meeting with details of:

(1) a revised set of recommended conditions from Officers;

(2) an additional representation received from Colchester Borough Councillor Gerard Oxford; and

(3) an additional representation received from Ardleigh Parish Council.

Stephanie Dass, a local resident, spoke against the application.

Rodney Dass, on behalf of  ...  view the full minutes text for item 106.

Extension to existing garage.

Councillor Everett had earlier declared an other interest in Planning Application 18/00175/FUL, insofar as he knew details of the application. Councillor Everett thereupon withdrew from the meeting whilst the Committee deliberated on the application and reached its decision.

It was reported that this application had been referred to the Planning Committee at the request of Councillor Davis, a local Ward Member.

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 Team Leader (AN) in respect of the application.

Jackie Gilbody, a local resident, spoke against the application.

Councillor Davis, a local Ward Member, spoke against the application.

Following discussion by the Committee and advice provided by Officers, it was moved by Councillor Hones, seconded by Councillor McWilliams and unanimously RESOLVED that the Head of Planning (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to the following conditions:

1.     Three Year Time Limit.

2.     Approved Plans.

Change of use from redundant public conveniences to cafe/restaurant. Internal alterations, new windows, stair access to roof, removal of rooflights, balustrade around roof area, and erection of waste storage area.

It was reported that this application had been referred to the Planning Committee as the land was owned by Tendring District Council.

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 Team Leader (AN) in respect of the application.

Following discussion by the Committee, it was moved by Councillor Alexander, seconded by Councillor Everett and unanimously RESOLVED that the Head of Planning (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to the following conditions:

1.     Commence within 3 years.

2.     Development in Accordance with Approved Plans.

3.     Materials.

4.     Extraction and ventilation details.

5.     Opening times: 07.30am till 20.00pm Monday - Sundays including Bank Holidays.

6.     No sound amplification in external areas.