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

It was moved by Councillor Bray and seconded by Councillor Harris and RESOLVED that the minutes of the last meeting of the Committee held on Tuesday 17 November 2020 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.

Councillor Bray declared a personal interest in Planning Application 19/01598/FUL – CROSSWAYS GARDEN CENTRE THORPE ROAD LITTLE CLACTON CLACTON ON SEA CO16 9RZ due to being the Ward Member. He was not pre-determined.

Councillor V Guglielmi declared a personal interest in Planning Application 20/00273/FUL – RIVERSIDE HOUSE RIVERSIDE AVENUE WEST LAWFORD MANNINGTREE CO11 1UN due to being the Ward Member. She was pre-determined and therefore, did not vote on this application.

Councillor G Guglielmi declared a personal interest in Planning Application 20/00273/FUL – RIVERSIDE HOUSE RIVERSIDE AVENUE WEST LAWFORD MANNINGTREE CO11 1UN due to being the Ward Member.

Councillor Bray declared a personal interest in Planning Application 20/01285/FUL – SPENDELLS HOUSE NAZE PARK ROAD WALTON ON THE NAZE CO14 8JJ due to being a member of Frinton and Walton Town Council. He was not pre-determined.

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.

This application is referred to Planning Committee as it represents a departure from the adopted Tendring District Local Plan, as the site lies outside of the Settlement Development Boundary and due to viability issues the required contributions are not being fully provided.

This application seeks full planning permission for the erection of 21 no. dwellings on a site which was a former garden centre.  The site whilst outside the Settlement Development Boundary in the Saved Plan is included within the Settlement Development Boundary in the Draft Plan and is therefore considered to be a sustainable location for residential development, which outweighs the potential for loss of employment land.

Councillor Bray declared a personal interest in Planning Application 19/01598/FUL – CROSSWAYS GARDEN CENTRE THORPE ROAD LITTLE CLACTON CLACTON ON SEA CO16 9RZ due to being the Ward Member. He was not pre-determined.

It was reported that this application had been referred to the Planning Committee as it represented a departure from the adopted Tendring District Local Plan, as the site lay outside of the Settlement Development Boundary and due to viability issues the required contributions had not been fully provided.

The Committee was informed that this application sought full planning permission for the erection of 21 no. dwellings on a site which was a former garden centre.  The site, whilst outside the Settlement Development Boundary in the Saved Plan, had been included within the Settlement Development Boundary in the Draft Plan and was therefore considered to be a sustainable location for residential development, which outweighed the potential for loss of employment land.

The design, density, scale and layout of development was considered by Officers to be acceptable and the impact on neighbouring resident’s amenities was not considered sufficient to warrant a reason for refusal. 

The proposal did not provide the full financial contributions or affordable housing, however, this had been supported by a Financial Viability Assessment which had been independently assessed.  It was therefore considered that the payments proposed were reasonable given the nature of the 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 (SCE) in respect of the application.

Robert Pomery, the agent actingon behalf of the applicant, spoke in support of the application.

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

Following discussion by the Committee, it was moved by Councillor Alexander, seconded by Councillor Harris and RESOLVED

that the Assistant Director (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 (£2,637.18)  ...  view the full minutes text for item 82.

The application has been referred to the Planning Committee at the request of Councillor G Guglielmi by virtue of overdevelopment of the site and a lack of residential amenities.

The application relates to the first and second floors above a commercial food-preparation outlet which sells fish and chips at the front of the building.

Councillor V Guglielmi declared a personal interest in Planning Application 20/00273/FUL – RIVERSIDE HOUSE RIVERSIDE AVENUE WEST LAWFORD MANNINGTREE CO11 1UN due to being the Ward Member. She was pre-determined and therefore, did not vote on this application.

Councillor G Guglielmi declared a personal interest in Planning Application 20/00273/FUL – RIVERSIDE HOUSE RIVERSIDE AVENUE WEST LAWFORD MANNINGTREE CO11 1UN due to being the Ward Member.

It was reported that this application had been referred to the Planning Committee at the request of Councillor G Guglielmi as he felt that it was an overdevelopment of the site and there was a lack of residential amenities.

The Committee was made aware that the application related to the first and second floors above a commercial food-preparation outlet which sold fish and chips at the front of the building.

Members were informed that the site was centrally located within the Lawford 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. It was also recognised that the site unusually layon a trading estate which was in this case a ‘Principal Business and Industrial Area’ within the adopted Local Plan 2007 where employment development was directed and sought to be retained. In this case, it was noted that the existing ground floor business (commercial food-preparation and Fish & Chip Shop), allowed on appeal in 2007, was to be retained and as such an employment generating use would not be lost from this site. Whilst it was unusual to find residential accommodation in such a location, it was material to note that the use of the first floor for residential use had already been established through the 2016 ‘Prior Approval’ application to change the use from B1 (Business) to Residential flat. Furthermore, the site was considered highly sustainable as it was within walking distance of local shops and services and public transport (including Manningtree Railway Station).

The application sought retrospective full planning permission for the conversion of the first and second floors to three flats.  Adequate access to a parking/turning area existed forward of the shop-front.

The building benefitted from a Prior Approval notification granted in June 2016 for the conversion of the first floor into one flat.  The development which had been undertaken was the sub-division of the one flat in to two flats and a further flat at second floor level.  Other alterations undertaken were the re-orientation of the extension to the side, thereby creating a specific entrance to the flats and containing the staircases internally to the original structure and the provision of an external staircase to provide an emergency fire escape/flood evacuation refuge.

Members were advised that the development was in a location supported by Local Plan policies and material considerations and would not, in the opinion of Officers, result in any material harm to the character  ...  view the full minutes text for item 83.

The application is before Members as the site is within the ownership of Tendring District Council. The Assistant Director of Housing and Environment has made the application.

The application relates to Spendells House Sheltered Housing Scheme located on the southern side of Naze Park Road, Walton-on-the-Naze. The site lies within the Settlement Development Boundary of Walton-on-the-Naze as defined within both the adopted Tendring District Local Plan 2007 and the emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft (June 2017). A mixture of residential development comprising single and two storey dwellings, with five storey blocks of flats to the west, surround the site.

Councillor Bray declared a personal interest in Planning Application 20/01285/FUL – SPENDELLS HOUSE NAZE PARK ROAD WALTON ON THE NAZE CO14 8JJ due to being a member of Frinton and Walton Town Council. He was not pre-determined.

It was reported that this application was before Members as the site was within the ownership of Tendring District Council. The Assistant Director of Housing and Environment had made the application.

The Committee was informed that this application related to Spendells House Sheltered Housing Scheme located on the southern side of Naze Park Road, Walton-on-the-Naze. The site lay within the Settlement Development Boundary of Walton-on-the-Naze as defined within both the adopted Tendring District Local Plan 2007 and the emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft (June 2017). A mixture of residential development comprising single and two storey dwellings, with five storey blocks of flats to the west, surrounded the site.

On 23rd March 2018 the decision had been made by Cabinet to close Spendells House due to very low demand from those eligible to live in sheltered housing; whilst homelessness applications and temporary accommodation placements had been increasing over recent years. Temporary accommodation was currently sourced externally via local property owners and bed and breakfast establishments.

Members were made aware that the development proposal consisted of a change of use from C3 (dwellinghouse) to a Sui Generis (Hostel accommodation). The building would provide council owned and managed temporary accommodation to households to whom the Local Housing Authority owed a statutory duty to accommodate under homelessness legislation. The development did not propose any significant external changes to the building. Internal alterations would consist of changes to the layout and accommodation including some new bathrooms, a fully accessible flat and staff/office areas, but overall the layout would remain largely unchanged.

Given the current shortage of affordable homes in the District, facilities such as this played a vital role in providing short-term accommodation for sections of society in need, which was supported by national policy. Furthermore, the site was located in a highly sustainable, built up area within easy walking distance of a local convenience store, a café, the beach and other amenities. There was a bus stop to the front of the site providing regular services to Walton, Frinton and Clacton.

The proposal was for a residential use comparable to the residential use currently permitted within Spendells House. Whilst it was recognised that the proposed use would adopt a more transient nature and include younger residents and families, officers did not consider that any material harm to the character of the area, residential amenities or highway safety would result.

It was felt that the development would ensure a vacant premises was brought back into use as council owned and managed temporary accommodation providing a better quality and more versatile provision than was currently available externally, thus providing a valuable contribution to the housing mix for the District in a sustainable location. The application was therefore recommended for approval subject to conditions.

The  ...  view the full minutes text for item 84.