Agenda and draft minutes

Venue: Council Chamber - Council Offices, Thorpe Road, Weeley, CO16 9AJ. View directions

Contact: Katie Sullivan or Ian Ford  01255686585 or 01255686584

Items
No. Item

40.

Apologies for Absence and Substitutions

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

Minutes:

There were none on this occasion.

41.

Minutes of the Last Meeting pdf icon PDF 126 KB

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

Minutes:

The minutes of the last meeting of the Committee, held on 28 August 2019, were approved as a correct record and signed by the Chairman.

 

42.

Declarations of Interest

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.

 

Minutes:

Councillor Alexander declared that, in relation to Planning Application 19/01044/FUL, he  was pre-determined on this application and he would  vacate to the public gallery whilst the Committee deliberated on  the application and reached its decision.

 

43.

Questions on Notice pursuant to Council Procedure Rule 37

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.

Minutes:

There were none on this occasion.

44.

A.1 - Planning Application - 19-00978-OUT - Land to the East of New Road, Mistley, CO11 2AL pdf icon PDF 283 KB

Variation of condition 4 of application 17/00004/OUT (approved at appeal APP/P1560/W/17/3176089) to amend the approved layout.

Minutes:

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 Officer (ML) in respect of the application.

 

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

 

(1)   Correspondence from the applicant’s agent addressing objections received.

(2)  Additional comment from Mistley Parish Council.

(3)  One additional representation from a local resident objecting to the development

 

Will Vote, agent acting on behalf of  local residents, spoke against the application.

 

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

 

Andy Black, the agent acting on behalf of the applicant, spoke in support of the application.

 

Following discussion by the Committee, it was moved by Councillor Harris, seconded by Councillor Bray, and 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:-

 

·         Inadequate amenity space.

 

45.

A.5 - Planning Application - 19-00909-FUL - Mulberry, Harwich Road, Beaumont, CO16 0AU pdf icon PDF 169 KB

Proposed replacement of three poultry units with 1 x three bed dwelling (in lieu of prior approval 19/00358/COUNOT).

Minutes:

With the approval of the Chairman of the Committee, Planning Application 19/00909/FUL was moved to be considered at an earlier stage in the agenda, the meeting would then proceed as normal.

 

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 (TF) in respect of the application.

 

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

 

(1) Amendments to paragraphs 1.3 and 6.4

 

Marilyn Peck, a local resident, spoke against the application.

 

Parish Councillor Trudy Carr, representing Beaumont Parish Council, spoke against the application.

 

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

 

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

 

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

 

a)    Within 6 (six) months of the date of the Committee’s resolution to approve, the completion of a legal agreement under the provisions of section 106 of the Town and Country Planning Act 1990 dealing with the following matters (where relevant):

 

·         Financial Contribution towards RAMS

 

b)    the conditions stated below, subject to a correction to condition 9 to include the word ‘not’.

 

c)    That the Head of Planning be authorised to refuse planning permission in the event that such legal agreement has not been completed within the period of 6 (six) months, as the requirements necessary to make the development acceptable in planning terms had not been secured through a Section 106 planning obligation.

 

Conditions and Reasons

 

1.    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason – To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004

 

2.    The development hereby permitted shall be carried out in accordance with the following approved plans and documents; Drawing No. BHR-101 Revision A, Block Plan – Demolition Plan scanned 6th August and Planning Statement dated June 2019.

 

Reason – for the avoidance of doubt and in the interests of proper planning.

 

3.    There should be no obstruction above ground level within a 2.4 m wide parallel band visibility splay as measured from and along the nearside edge of the carriageway across the entire site frontage. Such vehicular visibility splays shall be provided before the access is first used by vehicular traffic for the three residential dwellings and retained free of any obstruction at all times.

 

Reason – To provide adequate inter-visibility between users of the access and the public highway in the interests of highway safety.

 

4.    No unbound material shall be used in  ...  view the full minutes text for item 45.

46.

A.2 - Planning Application - 19-00539-DETAIL - Land south of Long Road, and to the West of Clacton Road, Mistley, CO11 2HN pdf icon PDF 205 KB

Reserved matters application pursuant to outline planning permission 17/01537/OUT for the creation of phase 2 - 204 dwellings and four commercial buildings, plus associated roads, driveways, parking, footpaths, landscaping and ancillary works.

Minutes:

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 (TF) in respect of the application.

 

An update sheet was circulated to the Committee prior to the meeting with details of amended proposed conditions; namely: Condition 1, Condition 6, and Condition 8, 

 

Councillor Coley, a local Ward Member, spoke againstthe application.

 

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

 

a)    Within 6 (six) months of the date of the Committee’s resolution to approve, the completion of a legal agreement under the provisions of section 106 of the Town and Country Planning Act 1990 dealing with the following matters (where relevant)

 

·         Financial contribution towards RAMS

 

b)    the conditions stated below.

 

c)    That the Head of Planning be authorised to refuse planning permission in the event that such legal agreement has not been completed within the period of 6 (six) months, as the requirements necessary to make the development acceptable in planning terms had not been secured through a Section 106 planning obligation.

 

Conditions and Reasons

 

1.    The development hereby permitted shall be carried out in accordance with the following approved plans:

 

Location Plan – CC011-PL-01 Rev A

Development Layout – CC011-PL-05 Rev C

Detailed Layout – CC011-PL-03 Rev C

Parking Layout – CC011- PL04 Rev C

Storey Heights – CC011-PL-08 Rev C

Landscape Masterplan – CC011-PL-07 Rev C

Walking Route Mitigation Plan – CC011-PL-09 Rev A

Emergency Drive-over Strip Detail – CC011-PL-10

House Type HT3Bd – 212

House Type HT2B – 203 Rev A

House Type HT3Ba – 205 Rev A

House Type HT3Bc – 206 Rev A

House Type HT3Bb – 207 Rev A

House Type HT4Ba – 208 Rev A

House Type HT4Bb – 209 Rev A

House Type HT4Bc – 210 Rev A

House Type HT4Bd – 211 Rev A

House Type HT4Be – 213 Rev 00

Garages Floor Plans & Elevations – CC011-GR

Garages SG1 and SG2 – CC011-GR-01

Garage SG3 – CC011-GR-02

Garage SG3 – CC011-GR-03

Street Elevations – CC011-ST-01 Rev B

Commercial Block ‘A’ Proposed Plans – CC011-CB-A1

Commercial Block ‘A’ Proposed Elevations –CC011-CB-A2

Commercial Block ‘B’ Proposed Plans – CC011-CB-B1

Commercial Block ‘B’ Proposed Elevations – CC011-CB-B2

Commercial Block ‘C’ Proposed Plans – CC011-CB-C1

Commercial Block ‘C’ Proposed Elevations – CC011

Commercial Block ‘D’ Proposed Plan – C011-CB-D1

Commercial Block ‘D’ Proposed Elevations – C011-CB-D2

 

Reason – for the avoidance of doubt and in the interests of proper planning.

 

2.    No development shall commence until details of existing and proposed levels of the site, finished floor levels and identifying all areas of cut or fill, have been submitted to and approved in writing by the Local Planning Authority. The development  ...  view the full minutes text for item 46.

47.

A.3 - Planning Application- 19/00283/FUL - LAND EAST OF HALSTEAD ROAD KIRBY CROSS FRINTON ON SEA CO13 0LR pdf icon PDF 231 KB

Development of 13 dwellings with Associated Landscaping and Infrastructure.

 

Minutes:

With the approval of the Chairman of the Committee (Councillor White) Planning Application 19/00283/FUL, Land East of Halstead Road, Kirby Cross, Frinton On Sea, CO13 0LR, had been deferred prior to the commencement of this meeting to be considered at a later date for the following reasons;

 

·         Amended Plans had been received regarding highway/parking layout which need to be subject of further consultation with County Highways;

 

·         Further supporting evidence for application being sought from the applicant’s (Linden Homes)

 

48.

A.4 - Planning Application - 19-00738-FUL - Land rear of 1 & 2 The Paddocks, Windmill Road, Bradfield, CO11 2QR pdf icon PDF 221 KB

Erection of 5no.detached bungalows.

Minutes:

With the approval of the Chairman of the Committee (Councillor White) Planning Application 19/00738/FUL, Land to the Read of 1 & 2 The Paddocks, Windmill Road, Bradfield, CO11 2QR, had been deferred prior to this meeting to allow for the site plan and application form to be updated to accurately reflect the application as amended and to allow time for re-consultation before determination.

49.

A.6 - Planning Application - 19-01157-FUL - Land Adjacent to Little Thatch Mill Lane Thorpe Le Soken, CO16 0ED pdf icon PDF 203 KB

One dwelling.

Minutes:

With the approval of the Chairman of the Committee (Councillor White) Planning Application 19/01157/FUL, Land Adjacent to Little Thatch, Mill Lane, Thorpe Le Soken, CO16 0ED, had been deferred prior to this meeting to allow the Planning Officers more time to provide a full ecology survey to the Committee.

 

50.

A.7 - Planning Application - 19-01044-FUL - 108A Pier Avenue, Clacton on Sea, CO15 1NJ pdf icon PDF 132 KB

Proposed outbuilding.

Minutes:

Councillor Alexander had previously declared that, with regards to Planning Application 19/01044/FUL, he was predetermined on this application. He therefore  vacated to the public gallery whilst the Committee deliberated and reached its decision.

 

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 Officer (ML) in respect of the application.

 

Councillor Alexander, speaking in his capacity as a local ward Councillor, spoke against the application.

 

Councillor Griffiths, a local ward Councillor, spoke against the application.

 

Ronald Cross, the agent on behalf of the applicant, spoke in support of the application.

 

Following discussion by the Committee, it was moved by Councillor Cawthron, Seconded by Councillor McWilliams and 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:-

 

-       Contrary to Policy QL11

-       Contrary to Policy QL9

 

51.

Report of the Head of Planning - Planning Committee Appeals Report pdf icon PDF 101 KB

This report advises Members of the number of appeals that have been received and determined over the past 24 months and analyses the Councils performance in terms of decisions made by the Planning Inspectorate.

 

Additional documents:

Minutes:

The Committee had before it a report of the Head of Planning, this report informed Members of the number of appeals that had been received and determined over the past 24 months and analysed the Council’s performance in terms of decisions made by the Planning Inspectorate.

 

The Committee  was informed that a total of 78 appeals  had been determined between September 2017 and August 2018 of which 39%  had been allowed. A total of 79 appeal decisions  had been received between September 2018 and August 2019 of which 31%  had been allowed. The Planning Inspectorate currently allowed 28% of appeals on average nationally. The national performance measure, which local authorities were required to meet, required that no more than 10% of all planning applications determined in the past two years were allowed on appeal. At present during the period April 2016 – March 2018, a total of 5.78% of major application decisions  had been allowed on appeal within Tendring, well within the 10% target. For non-major applications the figure was 2.21%.

 

The Council’s performance in dealing with appeals was set out in Appendix A of the report.

 

A summary of appeal cost decisions was set out in Appendix B of the report.

 

After deliberation by the Committee, it was RESOLVED that the Committee noted the contents of the report.