Agenda and minutes

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

Apologies were received from Councillor Bray, the Vice-Chairman of the Committee. At his request, Councillor Fowler assisted the Chairman in conducting the meeting by acting as an “unofficial” Vice-Chairman.

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on Wednesday, 1 September 2021.

It was moved by Councillor Alexander and seconded by Councillor Baker and RESOLVED that the minutes of the last meeting of the Committee held on 1 September 2021 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.

The Chairman also advised the Committee and members of the public that Councillors Harris and Placey would not participate in the Committee’s decision for application 20/01798/FUL due to not formerly participating in previous discussions and deliberations.

There were no declarations of interest on this occasion.

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.

A resolution to approve this planning application was made by members of the Planning Committee on the 3^rd August 2021. It was agreed, at the Committee that the Planning Conditions and the Heads of Terms forming the Legal Agreement would be placed before the Planning Committee to review and confirm agreement.

The recommended Conditions and Heads of Terms, are outlined below and reflect the comments of all consultees and the hybrid nature of the planning application. The Heads of Terms and Conditions have been reviewed by the applicant and they confirm agreement.

The Committee recalled that, at its meeting held on 3 August 2021, it had decided to approve this application subject to the proposed planning conditions and the Heads of Terms of the related Legal Agreement being submitted to the Committee for approval.

The recommended Conditions and Heads of Terms, were before Members and reflected the comments received from all consultees and the hybrid nature of the planning application. The Heads of Terms and Conditions had been also reviewed by the applicant and they had confirmed their agreement.

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 (JJ) in respect of the application.

The Chairman declared that there would be no public speaking for this Planning Applicationas it had previously been considered by the Committee.

Following discussion by the Committee, it was moved by Councillor Baker, seconded by Councillor Harris and unanimously 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):

- Affordable Housing - A written affordable housing scheme shall be completed and agreed, providing for 30% affordable housing. The tenure, mix and delivery to be agreed. All Affordable Housing units to be constructed prior to occupation of 60% of the market units (including occupation of 50% of the outline element).

- Village Green & Lodge Meadow Maintenance - The identification, laying out and establishing of such areas in accordance with approved plans by the applicant and transfer of same to the Parish Council for the benefit of the local community upon payment of contribution to enable ongoing maintenance of these areas.

- Education – Primary School Contribution (£486,040), Secondary School Transport Contribution (£104,728) and Library Contribution.

- Highways - £20,000 towards the design and/or delivery of the upgrade of the traffic signals at the A133 Main Road/ Colchester Road/ B1029 Great Bentley Road/ Bromley Road junction, Frating.

- RAMS - £127.60 per dwelling

- Heritage - Written scheme and method statement to  ...  view the full minutes text for item 149.

This application was originally brought before Planning Committee on 1September 2021 and deferred for the following reasons:

·         Allow for a full public review of the viability;

·         Establish what affordable housing contributions would be required in terms of an off-site contribution;

·         Agree heads of terms for a s106 to cover any increase in profit from the site;

·         Seek to obtain additional comment from the HSE (Health and Safety Executive) on how they reached their, ‘no objection’ stance.

Members recalled that this application had been originally brought before the Planning Committee on 1 September 2021 when it had been decided to defer consideration. Updates to the Officers’ report were shown in bold text throughout the report.

The Committee was reminded that this application had been referred to  it at the request of Councillor Davidson due to his concerns relating to: the design and street scene impact, impact on the neighbours, highway safety, and general safety due to proximity to the Oil Refinery and parking concerns.

The site was within the defined Settlement Development Boundary of the existing and emerging local plans.

It was reported that in 2013 planning permission (11/01172/OUT) had been refused for the construction of 30 houses and associated parking, access and landscaping works.  The reasons for that refusal were due to the site’s proximity to Carless Refinery and the increase in vehicular traffic along both Edward Street and Una Road.  That decision had been appealed. The appeal had then been allowed and planning permission granted by the Planning Inspector. However, that approval had never been implemented.

Members were made aware that in 2015 the application site had obtained a further outline planning approval for 30 dwellings, via application 15/01792/OUT. The associated Reserve Matters approval had been obtained via application 19/00406/DETAIL. Further to this, the site to the immediate north, for which the applicant was also the freeholder, had planning permission for 12 dwellings via planning application 16/02128/OUT and approved Reserve Matters via application 20/00460/DETAIL.

The Committee was informed that this application involved the construction of thirty houses and associated parking, access and landscaping. This application also sought to modify the existing planning consent (19/00406/DETAIL) in terms of layout in order to comply with Essex Highways’ Technical Standards.

For the reasons outlined in their report, Officers considered the scheme before Members, subject to planning conditions, to be an acceptable development proposal as it was in accordance with the relevant policies in the development plan, as well as policies in section 2 of the emerging Local Plan, and was on a site that had recent planning history approval for a similar number of dwellings.

Members were also reminded that a legal agreement was required for this application in order to secure a financial contribution towards Essex Coast Recreational Disturbance and Avoidance and Mitigation Strategy (RAMS).

In conclusion, Officers felt that the proposed development would not result in any harmful impact upon visual amenity or neighbouring amenities and provided appropriately designed additional housing and sufficient additional parking spaces to serve the proposed units.

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 (JJ) in respect of the application.

The Chairman declared that there would be no public speaking on this Planning Applicationas it had previously been considered by the Committee.

The  ...  view the full minutes text for item 150.

The application site comprises approximately 0.22 hectares of vacant, derelict land. The site is located within the defined Town Centre and the ‘Dovercourt Town Centre Regeneration Area’ as designated by the saved Local Plan (2007) and emerging Local Plan (2013-2033). The site is also situated within the Dovercourt Conservation Area. The application is placed before members of the Planning Committee as the applicant is Tendring District Council.

The application relates to the development of a surfaced car park comprising of 51 spaces, public toilet facilities, public open space, landscaping and associated works. The proposals also envisage the site being utilised as a multi-purpose space for various public events and activities on designated days throughout the year under permitted development rights. Access to the car park would be on the northern side of the site from Orwell Road.

It was reported that the application site comprised of approximately 0.22 hectares of vacant, derelict land. The site was located within the defined Town Centre and the ‘Dovercourt Town Centre Regeneration Area’ as designated by the saved Local Plan (2007) and emerging Local Plan (2013-2033). The site was also situated within the Dovercourt Conservation Area. The application had been placed before the Planning Committee as the applicant was Tendring District Council.

Members were informed that the application related to the development of a surfaced car park comprising of 51 spaces, public toilet facilities, public open space, landscaping and associated works. The proposals also envisaged the site being utilised as a multi-purpose space for various public events and activities on designated days throughout the year under permitted development rights. Access to the car park would be via the northern side of the site from Orwell Road.

Members were further informed that the proposed development was considered to respond directly to the objectives of both national and local planning policy for delivering sustainable development, utilising land effectively, and supporting development that would contribute to regeneration and the vitality of town centres.

The proposals sought to utilise the vacant, previously developed site to deliver improvements in the quality of the environment and people’s quality of life, and contributed to each of the three dimensions of sustainable development namely the economic, social and environmental strands.

The Committee was reminded that site had been identified in the Dovercourt Masterplan Revisited (April 2019) as a ‘high priority’ regeneration project for the Council that would enhance the character of this section of the Dovercourt High Street/Conservation Area and would assist in improving pedestrian footfall within the Town Centre by promoting better connectivity with wider areas (Dovercourt Beach/Cliff Park).

Members were informed that the application and supporting documents/surveys demonstrated that there would be no overriding harm which could not be mitigated in respect of heritage impacts, landscaping, land contamination or highways considerations.

Subject to the recommended conditions within section 8.2 of this report, the proposal was considered by Officers to be acceptable with no material harm to visual or residential amenity, heritage interests or highway safety, and the application was therefore recommended by them 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.

An update sheet had been circulated to the Committee prior to the meeting with details of an additional representation received from the Harwich Society, as follows:-

“The Harwich Society supports the proposed development of this cleared site as a public car park with toilet facilities and open space. It will be a welcome investment in the Dovercourt Town Centre.”

Tom Gardiner, Head of Economic Growth, spoke on behalf of Tendring District Council, in support of the application.

This application has been referred to Planning Committee at the request of Councillor Coley due to concerns with the building being listed and being in a Conservation Area, the introduction of a stairway access to the first floor, change of use of the first floor to residential, the building is located on the edge of a busy working dock and parking issues.

This application seeks planning permission for external changes to the fenestration including; the change of a window to a door to the front elevation, a change of a window to a door to the Quay elevation, a change from a door to a window to the side elevation and erection of a safety hand rail.

Members were informed that this application had been referred to Planning Committee at the request of Councillor Coley due to his concerns with the building being both listed and situated in a Conservation Area, the introduction of a stairway access to the first floor, change of use of the first floor to residential, and that the building is located on the edge of a busy working dock and parking issues.

This application sought planning permission for external changes to the fenestration including the change of a window to a door to the front elevation, a change of a window to a door to the Quay elevation, a change from a door to a window to the side elevation and erection of a safety hand rail.

It was reported that the application site was located within the 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 application was located within the Conservation Area and adjacent to a Grade II Listed Building.

Members were advised that ECC Heritage had been consulted and had no objections subject to conditions relating to the details of the handrail and further details of the windows and doors.

The proposals were not considered by Officers to cause any impact upon the neighbouring amenities.

The Committee was made aware that Mistley Parish Council had recommended this application for refusal and that one letter of objection had been received.

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 (TF) in respect of the application.

An update sheet had been circulated to the Committee prior to the meeting whereby the Recommendation in section 8 of the report should read as follows:

“That the Head of Planning be authorised to grant planning permission for the development subject to

             the conditions stated in section 8.1.”

Guy Williamson, the agent on behalf of the applicant, spoke in support of the application.

Derek Bell, a local resident, spoke against the application.

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

This application has been referred to Planning Committee at the request of Councillor Coley due to concerns with the building being listed and being in a Conservation Area, the introduction of a stairway access to the first floor, change of use of the first floor to residential, the building is located on the edge of a busy working dock and parking issues.

This application seeks planning permission for the external staircase, balcony, window to a door to the quay elevation and a window to a door to the north west elevation.

Members were informed that this application had also been referred to Planning Committee at the request of Councillor Coley due to his concerns with the building being listed and situated in a Conservation Area, the introduction of a stairway access to the first floor, change of use of the first floor to residential, and that the building is located on the edge of a busy working dock and parking issues.

This application sought planning permission for the external staircase, balcony, window to a door to the quay elevation and a window to a door to the northwest elevation.

Members were aware that the application site was located within the 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 application was located within the Conservation Area and adjacent to a Grade II Listed Building.

It was reported that ECC Heritage had been consulted and had an objection to the proposed balcony but had no objections to the other elements subject to conditions relating to the staircase details and further details of the windows and doors. 

The proposals were not considered by Officers to cause any impact upon the neighbouring amenities.

The Committee was informed that Mistley Parish Council had recommended this application for refusal and that 7 letters of objection had been received (with two from the same address).

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 (TF) in respect of the application.

An update sheet had been circulated to the Committee prior to the meeting whereby the Recommendation in section 8 of the report should read as follows:-

“That the Head of Planning be authorised to grant planning permission for the development subject to

             the conditions stated in section 8.1.”

The update sheet also reported that three additional letters of representation had been received (with two from the same address) together with the officers’ response thereto.

Guy Williamson, the agent on behalf of the applicant, spoke in support of the application.

Derek Bell, a local resident, spoke against the application.

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