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

Apologies for absence were received from Councillor McWilliams (with Councillor Turner substituting) and Councillor Cawthron (with no substitute).

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on 26 June 2018.

The minutes of the last meeting of the Committee, held on 26 June 2018, were approved as a correct record and signed by the Chairman.

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.

Councillor Turner declared that, due to the fact that he was acting as a substitute and was not present at the meetings where Planning Applications 17/02168/OUT, 17/00535/DETAIL and 17/02204/FUL had previously been before the Committee, he would not participate whilst the Committee deliberated on those Applications and reached its decision.

Councillor Baker declared an interest in Planning Application 17/00535/DETAIL, insofar as he was pre-determined. Councillor Baker confirmed that he would withdraw from the meeting whilst the Committee deliberated on the Application and reached its decision.

Councillor Baker also declared that he had been lobbied on Planning Application 17/01845/FUL, however, he was not pre-determined.

Councillor Baker further declared an interest in Planning Application 18/00640/FUL insofar as he was a local Ward Member and a Lawford Parish Councillor, Councillor Baker confirmed that he had not attended the Parish Council meetings regarding those items was not pre-determined.

Councillor Heaney declared that, due to the fact that she was not present at the meeting where Planning Applications 17/00535/DETAIL and 17/02204/FUL were previously before the Committee, she would withdraw from the meeting whilst the Committee deliberated on those Applications and reached its decision.

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.

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.

Councillor Turner had earlier declared that, due to the fact that he was acting as a substitute and had not been present at the meeting where Planning Application 17/02168/OUT was previously before the Committee, he would not participate whilst the Committee deliberated and reached its decision.

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

Members recalled that this application had been originally considered by the Committee at its meeting held on 28 March 2018. At that meeting Members had deferred the application in order to enable Officers to chase up on all outstanding consultation responses from Consultees, discuss with Highways the possibility of moving the southern access point opposite the existing access and also the possible addition of a roundabout and to discuss with Essex County Council Archaeology the possibility of war graves on the application site.

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 (SC-E) in respect of the application.

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

(1) One further letter received; and

(2) Amendment to suggested planning conditions.

The Chairman reminded the Committee that only those Members who had considered the application at the meeting held on 28 March 2018 were eligible to consider and vote on the application at this meeting.

Following discussion by the Committee and advice provided by Officers, it was moved by Councillor Everett, seconded by Councillor Alexander and RESOLVED that this application be deferred in order for consideration to be given to alternative highway improvements/access.

Application for Phase 1 Reserved Matters for Access, Appearance, Landscaping, Layout and Scale for 96 Residential Units and 162sqm A2 floor space following Outline Planning Permission 15/00761/OUT (as subsequently amended by 17/01537/OUT).

Councillor Turner had earlier declared that, due to the fact that he was acting as a substitute and had not been present at the meeting where Planning Application 17/00535/DETAIL was previously before the Committee, he would not participate whilst the Committee deliberated on the Application and reached its decision. Councillor Turner withdrew from the meeting.

Councillor Baker had earlier declared an interest in Planning Application 17/00535/DETAIL, insofar as he was pre-determined. Councillor Baker therefore withdrew from the meeting whilst the Committee deliberated on the Application and reached its decision.

Councillor Heaney had earlier declared that, due to the fact that she had not been present at the meeting where Planning Application 17/00535/DETAIL was previously before the Committee she would not participate. Councillor Heaney therefore withdrew from the meeting whilst the Committee deliberated on the Application and reached its decision.

Members recalled that this application had been considered by the Committee at its meeting held on 6 June 2018. At that meeting Members had deferred the application following concerns that the juxtaposition of the proposed dwelling houses with the countryside had not properly addressed the perceived need to soften the transition from countryside to built development, it being considered that this could be achieved by introducing a lower rise (bungalow) development to the most visible parts of the site periphery. It was also considered that a small element of retail should be introduced into the scheme to afford future residents local shopping opportunity.

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 (GN) in respect of the application.

An update sheet was circulated to the Committee prior to the meeting with details of an amendment to the proposed conditions.

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 approval of Phase 1 reserved matters in respect of access, appearance, landscaping, layout and scale for detailed planning permission for 96 residential units and 162 sqm A2 floorspace subject to conditions as set out below.

All other planning conditions are to remain unchanged from the original outline planning permission as amended/superseded by planning permission 17/01537/OUT for Variation of Condition 4 of 15/00761/OUT as well as the completed Section 106 legal agreement to secure education contributions, affordable housing, open space and open space maintenance contribution, healthcare contributions and contributions towards highway improvements to the crossing at Manningtree Station.

Conditions:

1. Development in accordance with outline permission except as modified by this permission.

2. Development to be in accordance with the approved plans.

3. Site levels.

4. Estate Roads and Footway details to be submitted and approved.

5. Estate Roads and Footways implementation and management.

6. Vehicular access to dwellings to be constructed prior to occupation.

7.  ...  view the full minutes text for item 34.

The construction of 77 small B1 & B8 use commercial units with ancillary facilities, associated car parking and landscaping; and the construction of 5 commercial office blocks with B1 use with associated car parking and landscaping (Amended description).

Councillor Turner had earlier declared that, due to the fact that he was acting as a substitute and was not present at the meeting where Planning Application 17/02204/FUL was previously before the Committee, he would not participate whilst the Committee deliberated on the Application and reached its decision. Councillor Turner withdrew from the meeting.

Councillor Heaney had earlier declared that, due to the fact that she was not present at the meeting where Planning Application 17/02204/FUL17 was previously before the Committee she would not participate. Councillor Heaney therefore withdrew from the meeting whilst the Committee deliberated on the Application and reached its decision.

Members recalled that this application had been considered by the Committee at its meeting held on 6 June 2018. At that meeting Members had deferred the application in order to allow the applicant time to re-consider the retention of a mature protected Oak Tree and amendment to the scheme.

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 (GN) in respect of the application.

An update sheet was circulated to the Committee prior to the meeting with details of a representation received from a member of the public.

Following discussion by the Committee, it was moved by Councillor Alexander, seconded by Councillor Fowler and 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. Time limit for commencement.

2. Compliance with plans.

3. Site Levels.

4. Landscape details.

5. Planting and Replacement.

6. Tree protection – Compliance with Report.

7. Landscape Management Plan.

8. Boundary treatment.

9. Highway Improvements Schedule.

10. Construction Method statement.

11. Archaeology Evaluation/Fieldwork/Post excavation Assessment.

12. Suds 1 Surface Water Drainage Scheme.

13. Suds 2 Offsite flooding.

14. Suds 3/4 Maintenance Plan and Monitoring.

15. Artificial Lighting.

16. Materials.

17. Scheme for control of noise emanating from the site.

18. Scheme for access for the disabled.

19. Scheme for Renewable Energy/Energy Conservation.

20. Removal of PD Rights (Industrial buildings).

21. Removal of PD Rights (Offices).

22. No external Storage.

23. Foul Drainage Strategy.

Erection of 4 storey flat block (containing 7 flats - 2 x one bedroomed and 5 x two-bedroomed units) with under-croft parking.

Councillor Baker had earlier declared that he had been lobbied on Planning Application 17/01845/FUL, however, he was not pre-determined.

It was reported that this application had been referred to the Committee because Jaywick was one of the most deprived areas in the country with many of the existing properties originally built as holiday homes. Most properties were substandard by modern day expectations and were within the high risk flood zone.

Members were aware that the regeneration of Jaywick was one of the Council’s top long-term objectives and that the Council had been leading a multi-agency project to explore and deliver improvements in the area to better the quality of life for residents and secure a long-term sustainable future for the community. Part of the strategy for regenerating Jaywick was to actively encourage the redevelopment of the poorest and most vulnerable properties in the area and to introduce a new benchmark for building design that addressed flood risk concerns, improved the quality of accommodation, maximised the enjoyment of Jaywick’s assets and inspired property owners and developers to redevelop and remodel other parts of the area.

It was reported that, unfortunately, the scale of development that had been proposed within this application was considered excessive, upsetting the delicate balance of regeneration of the area versus existing residents’ amenity.

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 refusal.

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) An Ecological Assessment provided by the applicant;

(2) Removal of reason for refusal number 3;

(3) Aerial photographs submitted by the applicant; and

(4) An error in the report in relation to the height of the second storey.

Councillor Raby, a local Ward Member, spoke in favour of the application.

Councillor P Honeywood, the Council’s Housing Portfolio Holder, spoke in favour of the application.

Following discussion by the Committee, it was moved by Councillor Everett, seconded by Councillor Turner and RESOLVED that, contrary to the Officer’s recommendation of refusal, the Head of Planning (or equivalent authorised officer) be authorised to grant planning permission for the development because the improvement the development could contribute to the regeneration of Jaywick Sands, supported by the emerging Local Plan, outweighs the concerns regarding overlooking and the development being overbearing in this instance and therefore permission should be granted subject to the following conditions:

1.    3 year time limit

2.    Approved plans

3.    Recommendations of habitat survey

4.    Construction Method Statement

5.    Provision of cycle and car parking and ebike charging as shown prior to occupation and retained thereafter

6.    No unbound materials

7.    Residential travel packs

8.    Provision of bin stores as shown prior to occupation and retained thereafter

9.    Finished first floor levels to be set no  ...  view the full minutes text for item 36.

Outline application with all matters reserved for the construction of 3 dwellings.

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.

Suzanne Howe, the applicant, spoke in support of the application.

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

1. Outline planning permission time limit for commencement.

2. Reserved matters submission.

3. Construction Management Plan.

Informative: This planning permission is granted in relation to the replacement village hall approved under 16/02070/FUL, and the benefits of providing that community facility outweigh the modest harm to the sites location 400 metres outside the settlement development boundary of the Strategic Urban Settlement of Harwich and Dovercourt.

Construction of a dog grooming salon

Councillor Baker had earlier declared an interest in Planning Application 18/00640/FUL insofar as he was a local Ward Member and a Lawford Parish Councillor, Councillor Baker confirmed that he was not pre-determined.

It was reported that this application had been referred to the Planning Committee at the request of Councillor V E Guglielmi, 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.

Toby Spencer-Campbell, the applicant, spoke in support of the application.

Following discussion by the Committee, it was moved by Councillor M Brown, seconded by Councillor Bennison 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.

3. Ancillary Use to 168 Long Road, Lawford.

One dwelling.

It was reported that this application had been referred to the Planning Committee at the request of Councillor Land, the 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.

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

(1) A representation submitted by a member of the public; and

(2) An amendment to paragraph 1.1.

Kirstine Hansen, a local resident speaking on behalf of the residents of Mill Lane, spoke against the application.

Councillor Land, the local Ward Member, spoke against the application.

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

Following discussion by the Committee, it was moved by Councillor Everett, seconded by Councillor Heaney and unanimously RESOLVED that, contrary to the Officer’s recommendation of approval, the Head of Planning (or equivalent authorised officer) be authorised to refuse planning permission for the development due to the following reasons:-

·         Lack of Habitat Survey.

·         Impact on both immediate neighbours.

·         Impact on setting of Listed Building.