Agenda and draft minutes

Venue: Meeting to be held in accordance with Statutory Instrument 2020/392. Link to live stream will be available via https://www.tendringdc.gov.uk/livemeetings

Contact: Emma Haward Email:  democraticservices@tendringdc.gov.uk or Telephone  01255686007

Items
No. Item

68.

Chairman's Introductions

Minutes:

The agenda for the Planning Committee had not been published according to statutory obligations and therefore, the Chairman of the Planning Committee chose to take the all applications submitted to the Committee on the published agenda as a matter of urgency. The Council’s Monitoring Officer (Lisa Hastings) confirmed that the meeting had been included within the Schedule of Meetings, approved by Full Council in July 2020 and all other protocols had been followed with regards to speakers and issuing the relevant papers and was satisfied that it was appropriate for the meeting to continue.

69.

Apologies for Absence and Substitutions

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

Minutes:

Apologies were received from Councillor V E Guglielmi. There was no substitute.

70.

Minutes of the Last Meeting pdf icon PDF 363 KB

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

Minutes:

Upon an amendment to formatting on page 19, paragraph 11 of the previous minutes which read ‘in addition, that any application made to discharge condition 11 will be submitted to the Committee for its determination’, it was moved by Councillor Bray, seconded by Councillor Harris and RESOLVED that the minutes of the last meeting of the Committee held on Tuesday 20 October 2020 be approved as a correct record.

71.

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 Coley declared a personalinterest in Planning Application 20/00479/DETAIL – Land North of Stourview Avenue, Mistley due to being a representative of the Lawford Housing Enterprise Trust. He was not pre-determined.

 

Councillor Harris declared a personal interest in Planning Application 20/00822/FUL – The Laurels, Parsonage Lane, Tendring CO16 0DE due to being both the Ward Member and Parish Councillor for Tendring Parish Council. Councillor Harris had called-in the application as a direct request for Tendring Parish Council, he would speak howeveras a Committee Member as he was not pre-determined.

 

72.

Questions on Notice pursuant to Council Procedure Rule 38

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.

73.

A.1 PLANNING APPLICATION 20/00479/DETAIL - LAND NORTH OF STOURVIEW AVENUE MISTLEY pdf icon PDF 276 KB

Outline planning permission (all matters reserved) was granted on 30th May 2017 for the erection of up to 70 dwellings and associated works, under application 15/01810/OUT. The current submission relates to the outstanding reserved matters for this development.

 

In accordance with Members’ request, the current submission has been brought to Planning Committee seeking consent with regard to the reserved matters of access, landscaping, layout, appearance and scale.

 

Minutes:

Councillor Coley had earlier in the meeting declared a personal interest in Planning Application 20/00479/DETAIL – Land North of Stourview Avenue, Mistley due to being a representative of the Lawford Housing Enterprise Trust. He was not pre-determined.

 

It was reported that outline planning permission (all matters reserved) had been granted on 30th May 2017 for the erection of up to 70 dwellings and associated works, under application 15/01810/OUT. The current submission related to the outstanding reserved matters for this development.

 

In accordance with Members’ previousrequest, the current submission had been brought to Planning Committee which sought consent with regard to the reserved matters of access, landscaping, layout, appearance and scale.

 

Members were made aware that the site layoutside the defined settlement boundary of the saved Local Plan but within the settlement boundary of the emerging Local Plan. The principle of residential development had been accepted by the granting of outline planning permission.

 

The site was accessed from Stourview Avenue with 62 dwellings accessedoff the main central ring road. The remaining 8 dwellings were located off two separate private driveways.  The scheme retained a substantial level of open space to the eastern and northern sections of the site. The railway line ran to the north ofthe development. 

 

The detailed plans complied with the outline requirements in terms of the site plan having not changed and the access continued to be off Stourview Avenue. The usual design parameters (garden sizes, distance between dwellings and level of parking) and the reserved matters generally were considered acceptable with no material harm to visual or residential amenity, or highway safety.

 

A legal agreement was required for this application to secure a financial contribution towards the Essex Coast Recreational Disturbance and Avoidance and Mitigation Strategy (RAMS).

 

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(TF) in respect of the application.

 

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

 

Ecology Update

 

The application had been reviewed by Essex Ecology Services and Natural England. Both these statutory consultees had offered no objections to this proposal subject to the bio diversity and ecology mitigation measures recommended within Condition 9 of the original application being followed. Also, that updated RAMS payments were made.

 

Notwithstanding these objections from both specialist ecology departments, the applicant had provided the LPA with an updated ‘Ecological Mitigation and Enhancement Stagey’ (Geosphere Environmental 12/11/2020). The report also included results for an updated walkover and various protected species surveys.

 

Surveys for the following ecological aspects were undertaken: habitats, reptiles, breeding birds, bats, badger. An Invertebrate survey had been undertaken and reported separately however, its results and recommendations had been drawn upon within this site-specific mitigation and enhancement strategy.

 

Main findings included the following:

 

       Reptiles: Common Lizard, Slowworm and  ...  view the full minutes text for item 73.

74.

A.2 PLANNING APPLICATION 20/00782/OUT - LAND SOUTH OF LONG ROAD LAWFORD ESSEX CO11 2HS pdf icon PDF 396 KB

This application is referred to the Planning Committee as the site is situated outside of any settlement development boundary (SDB), but adjacent to the SDB of Lawford. The development therefore represents a departure from the saved local plan.

 

The application site is located on the southern side of Long Road at the eastern end of the settlement of wider 'Lawford Green' development (15/00876/OUT) that approved amongst other elements 360 dwellings, a community building with public access toilets, village green, public open space a playground. There was 3.4 hectares of land in the eastern portion of this wider site allocation that was left undeveloped.

Minutes:

This application had beenreferred to the Planning Committee as the site was situated outside of any settlement development boundary (SDB), but adjacent to the SDB of Lawford. The development therefore represented a departure from the saved local plan.

 

Members were made aware that the application site was located on the southern side of Long Road at the eastern end of the settlement of thewider 'Lawford Green' development (15/00876/OUT) that contained,amongst other elements, 360 dwellings, a community building with public access toilets, village green, public open space anda playground. There was 3.4 hectares of land in the eastern portion of this wider site allocation that was currentlyleft undeveloped.

 

Members were informed that this application sought outline planning permission for the erection of 76 dwellings on this land. The application was in outline form with all matters reserved except for access. This application therefore sought approval of the access along with the principle of development.

 

The application site was outside the adopted settlement boundary but within the emerging settlement boundary of the new local plan.

 

An area of land south of Long Road (approximately 50 metres in depth) was designated as being within the 'Green gap' of the emerging local plan. The applicationproposed development within this land of approximately 3 dwellings. The report indicated thatOfficers were against this idea and felt there was ample space to develop without needing to use this locally designated open land.

 

The site was located on the edge of what the emerging Local Plan called a 'smaller urban settlement'. Planning permission had been granted for residential development on land directly to the east for 485 dwellings. This had been built at approximately 30 dwellings per hectare. This application proposed approximately 22 dwellings per hectare. The original 360 dwelling development from the host developer was occurring immediately to the east. Therefore, there would be minimal landscape impact whilst sufficient spacing to existing residents was retained to safeguard amenity.

 

The Committee was aware that in the current situation the Council could not demonstrate a 5 year housing supply and therefore in accordance with the provisions of the National Planning Policy Framework (NPPF) the presumption in favour of sustainable development applied. The development was considered to meet the economic, environmental and social strands of sustainability as outlined in the NPPF.

 

Subject to the applicant entering into a Section 106 agreement to cover the provision of affordable housing and healthcare/RAMS contributions, the proposal was considered byOfficers to be acceptable with no material harm to visual or residential amenity, heritage assets, ecology interest or highway safety, and the application was therefore recommended for approval.

 

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(TF) in respect of the application.

 

Will Vote, the agent on behalf of the applicant,  ...  view the full minutes text for item 74.

75.

A.3 PLANNING APPLICATION 20/01034/FUL - WALL OPPOSITE 16 YORK STREET, MANNINGTREE pdf icon PDF 142 KB

This application is referred to the Planning Committee as the applicant is Tendring District Council.

 

This application seeks retrospective planning permission to demolish and reinstate part of a wall located opposite 16 York Street, Manningtree.

Minutes:

This application had beenreferred to the Planning Committee as the applicant was Tendring District Council.

 

It was reported that this application sought retrospective planning permission to demolish and reinstate part of a wall located opposite 16 York Street, Manningtree.

 

Members were informed that the proposed demolition and reconstruction of the wall was considered acceptable by Officers. The proposed works would be a visual improvement to the street scene and would not result in any harm to neighbouring amenities, cause any adverse impact on highway safety or cause any harm to the Conservation Area.

 

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 (NH) in respect of the application.

 

During the Committee’s debate on this application, Members discussed and asked questions on the following matters:-

 

Matter raised by a Committee Member:-

 

Officer Response thereto:-

Concern regarding the delay in retrospective applications being brought to the Committee

Understood that the works had to be carried out by the relevant department on health and safety grounds.

 

Query regarding whether it would have been beneficial to extend the wall for safety purposes to avoid road traffic collisions.

Confirmation that this was not considered as part of the application. However, all parties consultation responses had been taken into account.

 

Following thediscussion by the Committee, it was moved by Councillor Alexander, seconded by Councillor Bray and unanimously RESOLVED that the Assistant Director (Planning) (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to the following:-

 

Conditions and Reasons:

 

1             The development hereby permitted shall be carried out in accordance with the following approved plan and document;

 

- Drawing No. 102 Rev A – Elevations

- Drawing No. 103 Rev A – Panels and Sections

- Drawing No. 104 Rev A – Sections

- Drawing No. A/2020/16 – Site Plan and Block Plan

- Drawing No. TM1062-01-D-01 – Temporary Traffic Management Plan

- TDC – Dangerous Structure Report Sheet - dated 08/07/2020

- Method Statement - dated 06/07/2020

- Wall Survey – Ref 19/5679 – Dated 3rd June 2019

 

Reason - For the avoidance of doubt and in the interests of proper planning.

 

76.

A.4 PLANNING APPLICATION 20/00822/FUL - THE LAURELS, PARSONAGE LANE, TENDRING, CO16 0DE pdf icon PDF 232 KB

The application has been referred to the Planning Committee at the request of Councillor Harris by virtue of the site being ‘backfill’ development, the site is outside the settlement boundary; the site is an unsustainable development with insufficient infrastructure; overdevelopment, the development would lead to unacceptable disturbance to neighbours; unacceptable access and highways issues; and there is no proven need for this type of property in an area that has already seen significant development.

 

The application relates to what is essentially the rear garden area of The Laurels, Parsonage Lane, Tending. The site is roughly ‘L’ in shape and approximately 0.2 hectares in size.  The Laurels is one of a variety of dwelling types in the locale which comprises detached and terraced two-storey, chalet and single-storey bungalows.  The Laurels is unique in terms of its rear garden which is of a significant size in comparison to any other dwelling in the settlement.

Minutes:

Councillor Harris had earlier in the meetingdeclared a personal interest in Planning Application 20/00822/FUL – The Laurels, Parsonage Lane, Tendring CO16 0DE due to being the Ward Member and Parish Councillor for Tendring Parish Council. Councillor Harris had called-in the application as a direct request for Tendring Parish Council, however he would speakas a Committee Member as he was not pre-determined.

 

The application had been referred to the Planning Committee at the request of Councillor Harris as Tendring Parish Council felt thatby virtue of the site being ‘backfill’ development, the site was outside the settlement boundary; the site was an unsustainable development with insufficient infrastructure; overdevelopment, the development would lead to unacceptable disturbance to neighbours; unacceptable access and highways issues; and there was no proven need for this type of property in an area that had already seen significant development.

 

It was reported that the application related to what was essentially the rear garden area of The Laurels, Parsonage Lane, Tending.  The site was roughly ‘L’ in shape and approximately 0.2 hectares in size.  The Laurels was one of a variety of dwelling types in the locale which comprised of detached and terraced two-storey, chalet and single-storey bungalows.  The Laurels was unique in terms of its rear garden which was of a significant size in comparison to any other dwelling in the settlement.

 

Members were advised that the site was centrally located within the Tendring Green Settlement Development Boundary as defined within both the adopted Tendring District Local Plan 2007 and the emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft 2017. The principle of residential development in this location was therefore acceptable subject to detailed design and impact considerations.

 

The application sought full planning permission for the erection of 3 detached three-bedroom detached single-storey bungalows, served by way of a single access providing access to a parking/turning area.  The dwellings were provided with surface parking and secure cycle-storage.

 

Officers felt that the proposal would not result in the loss of an area of public open space or safeguarded green space. The proposed bungalows were of a scale, design and appearance which was comparable with other bungalows in the vicinity.  The retention of the brick-built garage provided a significant degree of screening from the public domain.  The proposal would result in the loss of ten trees in total – the site did not benefit from any protection in the form of preservation orders, as such any trees could be removed without any consent required from the Local Planning Authority.  Two of these trees were damaged/dangerous having limited life expectancy, five were small fruit trees and the remaining three were not mature or established specimens – all mature, established trees on the site were to remain and offer a significant verdant backdrop to the site.  The proposed dwellings were single storey and located sufficient distances from neighbouring dwellings so as not to result in a material loss of residential amenities. The new dwellings and retained dwelling were  ...  view the full minutes text for item 76.

77.

A.5 PLANNING APPLICATION 20/00611/FUL - GARAGE BLOCK 1-10, WARGRAVE ROAD, CLACTON ON SEA, CO15 3EQ pdf icon PDF 140 KB

This application is referred to the Planning Committee as the applicant is Tendring District Council.

 

The application involves the replacement of the already-demolished row of eleven flat roofed garages with ten flat-roofed garages.

Minutes:

This application was referred to the Planning Committee as the applicant was Tendring District Council.

 

It was reported that the application involved the replacement of the already-demolished row of eleven flat roofed garages with ten flat-roofed garages.

 

Members were informed that, in the opinion of Officers, the garages would not result in an unacceptable impact upon the character, appearance or visual amenity of the surrounding area and would not result in an unacceptable impact to residential amenity or have a detrimental impact upon the private amenity of local residents in respect of noise.  Furthermore, the proposal would not result in any harm to the safety of the surrounding public highway network.

 

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 (AC) in respect of the application.

 

Following discussion by the Committee, it was moved by Councillor Casey, seconded by Councillor Placey and unanimously RESOLVED that the Assistant Director (Planning) (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to the following:

 

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: DM/2020/01/B; received 15th May 2020.

 

Reason - For the avoidance of doubt and in the interests of proper planning.

 

3              No unbound materials shall be used in the surface treatment of the proposed vehicular access throughout.

 

Reason - To ensure that loose materials are not brought out onto the highway, in the interests of highway safety.