Agenda and minutes

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

An apology for absence was received from Councillor Harris with no substitution.

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on Tuesday 7 December 2021.  

It was moved by Councillor Bray and seconded by Councillor Baker and :-

RESOLVED that the minutes of the last meeting of the Committee held on 7 December 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.

There were none 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.

This application is referred to Planning Committee at the request of the Assistant Director of Planning as the original outline application 17/01881/OUT was refused by the Local Planning Authority and the decision was overturned by the Planning Inspectorate. Within that appeal decision the Planning Inspector included a Planning Condition (no 12) that ensured the ‘link’ to Birch Avenue from the host site would be 3m wide and a pedestrian and cycle link. 

The current application seeks vary condition 12 of application 17/01881/OUT (allowed on appeal APP/P1560/W/19/3231554) to remove the reference within condition 12 which requires the pedestrian/cycle link between the site and Birch Avenue to be 3 metres in width and also allowing for this link between the site and Birch Avenue to be a pedestrian link only. This is because the applicant has discovered there is not 3m between 74 Birch Avenue and 76 Birch Avenue to construct such a link.

Before the meeting, an update sheet had been distributed to the Committee with details of an update in respect of an Essex Highways Update received on 13/12/2021; building regulations approval; and a recommended additional condition.

It was reported that this application  had been referred to the Planning Committee at the request of the Assistant Director  (Planning) as the original outline application 17/01881/OUT  had been refused by the Local Planning Authority and  its decision was then subsequently overturned by the Planning Inspectorate. Within that appeal decision the Planning Inspector had included a Planning Condition (no 12) that ensured the ‘link’ to Birch Avenue from the host site would be 3m wide and a pedestrian and cycle link. 

The Committee was reminded that the current application sought to vary condition 12 of application 17/01881/OUT (allowed on appeal APP/P1560/W/19/3231554) to remove the reference within condition 12 which required the pedestrian/cycle link between the site and Birch Avenue to be 3 metres in width and also allowing for that link between the site and Birch Avenue to be a pedestrian link only. That was because the applicant had discovered there was not 3m between 74 Birch Avenue and 76 Birch Avenue to construct such a link.

Members heard that, as established through the granting of outline application 17/0881/OUT, the principle of residential development for up to 136 dwellings on this site was acceptable. Within this application it was considered acceptable that the footpath link between the host site and Birch Avenue could be under 3m in width and pedestrian only as this should provide benefits to pedestrian safety when using the link rather than sharing the link with cyclists riding their bikes through. Cyclists would be  allowed to walk their bikes through the link.

In the opinion of Officers the detailed design and layout was considered acceptable.  The proposal would not result in any significant material harm to residential amenity or highway safety and would still support sustainable means to access  the village.

The application was therefore recommended by Officers for approval subject to a legal agreement to secure the management of the footpath link, Public Open Space, Drainage features, landscaping and maintenance of the non-adopted highway network.  Those latter elements were assessed more fully in the Reserved Matters application 21/00977/DETAIL.

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 (Nick Westlake) in respect of the application.

Samuel Caslin, the agent acting on behalf of the applicant, spoke in support of the application.

Alison Clark, a resident, spoke against the application.

Councillor Lynda McWilliams, the local Ward Member, spoke against the application.

This application is referred to Planning Committee at the request of the Assistant Director of Planning as the original outline application was refused by the Local Planning Authority and the decision was overturned by the Planning Inspectorate.

The current application seeks approval of the reserved matters relating to outline planning permission 17/0881/OUT, which granted planning permission for the erection of up to 136 dwellings with access from Weeley Road, informal recreation space, a local area of play and associated development.  This application includes details of appearance, landscaping, access, layout and scale which were not included as part of the outline. 

Before the meeting, an update sheet had been distributed to the Committee with details of an update in respect of two new comments received from neighbouring properties; landscaping & biodiversity; archaeology; and recommended additional conditions.

The Committee  was informed that this application  had been referred to the Planning Committee at the request of the Assistant Director  (Planning) as the original outline application  had been refused by the Local Planning Authority and  its decision  had been subsequently overturned by the Planning Inspectorate.

Members were informed that the current application sought approval of the reserved matters relating to outline planning permission 17/0881/OUT, which granted planning permission for the erection of up to 136 dwellings with access from Weeley Road, informal recreation space, a local area of play and associated development.  This application also included details of appearance, landscaping, access, layout and scale which  had not been included as part of the outline. 

The Committee was made aware that the application also dealt with the ‘detail’ of a footpath only link to Birch Avenue being under 3m in width. The original outline permission had required this link to be a pedestrian and cycle link and 3m wide. . This matter had already been deliberated upon by the Committee earlier in the meeting when it had considered application 21/01257/OUT (Minute 186 referred).

As established through the granting of outline application 17/0881/OUT the principle of residential development for up to 136 dwellings on this site was acceptable. [However, the Committee had not  considered it to be acceptable under application 21/01257/OUT, that the footpath link to Birch Avenue  could be under 3m in width and pedestrian only.]

The detailed design, layout, landscaping and scale were considered acceptable by Officers who felt that the proposal would result in no material harm to residential amenity or highway safety.

The application was therefore recommended by Officers for approval subject to a legal agreement to secure the management of the open space, drainage features, landscaping and non-adopted 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 (Nick Westlake) in respect of the application.

Samuel Caslin,  acting on behalf of the applicant, spoke in support of the application.

Alison Clark, a resident, spoke against the application.

Councillor Lynda McWilliams, the local Ward Member, spoke against the application.

This application is referred to Planning Committee at the request of the Assistant Director of Planning as the original outline application was refused by the Local Planning Authority and the decision was overturned by the Planning Inspectorate.

The current application seeks approval of the engineering operations required in support of application for Reserved Matters submitted on adjacent land Ref: 21/00977/DETAIL (136 dwellings) including attenuation basin, public footpath, access visibility and construction access.

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

RESOLVED that consideration of application 21/00978/FUL be deferred in on order to allow the outstanding matters in relation to application 21/00977/DETAIL to be first resolved.

This application has been referred to Planning committee as one of the landowners is an employee of Tendring District Council.

The application seeks planning permission for the variation of condition 2 of application 19/01261/FUL to allow for design amendments to plots 2 and 3.

It was reported that this application had been referred to the Planning Committee as one of the landowners was an employee of Tendring District Council. The application sought planning permission for the variation of condition 2 of application 19/01261/FUL to allow for design amendments to plots 2 and 3.

The Committee heard how the site fell adjacent to, but outside of, the Alresford Settlement Development Boundary within the Adopted Tendring Local Plan 2007 but fell inside the Settlement Development Boundary for Alresford within the Emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft. It was considered by Officers that the design changes to Plots 2 and 3 were more of a traditional appearance and were in keeping with the different types of housing along Wivenhoe Road.

Members were informed that there would be no impact upon residential amenities, impact on trees or impact upon highways. Alresford Parish Council had no objection and one letter of support had been received.

Following discussion by the Committee, it was moved by Councillor Bray, seconded by Councillor Baker 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 planning conditions and reasons:-

1.      The development hereby permitted shall begin no later than 14 August 2023.

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:

§  Drawing no. 714/1

§  Drawing no. 714/2

§  Drawing no. 714/3

§  Drawing no. 714/4

§  Amended Site Plan – Scanned 11 Nov 2021

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

3.      The development hereby approved shall be carried out in accordance with drawing no.      RS/TP/01 – Tree Constraints Plan and Arboricultural Report – Dated 25/06/13 as submitted      underapplication 21/01572/DISCON.

Reason - To ensure the protection of the retained trees on site.

4. All changes in ground levels, hard landscaping, planting, seeding or turfing shown on      approved

Drawing no. 714/1 submitted under 21/01572/DISCON shall be carried out during the first planting and seeding season (October - March inclusive) following the commencement of the development or in such other phased arrangement as may be agreed in writing by the Local Planning Authority.  Any trees or shrubs which, within a period of 5 years of being planted die, are removed or seriously damaged or seriously diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority agrees in writing to a variation of the previously approved details.

Reason - To ensure the adequate implementation and maintenance of the approved      landscaping scheme for a period of five years  ...  view the full minutes text for item 189.

The application is before Members as the applicant is a member of staff employed by Tendring District Council.

The proposed extension will be located to the rear of the property and will be shielded from the streetscene by the existing dwelling and garage.  The extension is of a single storey nature and is considered to be of a size and scale appropriate to the existing dwelling with the application site retaining adequate private amenity space. The proposal does include the use of differing materials, however due to its rearward location and the variety of materials within the locale, the use of such is considered acceptable in this instance.

It was reported that this application was before Members as the applicant was a member of staff employed by Tendring District Council.

Members heard how the proposed extension would be located to the rear of the property and would be shielded from the street scene by the existing dwelling and garage.  The extension was of a single storey nature and was considered to be of a size and scale appropriate to the existing dwelling with the application site retaining adequate private amenity space. The proposal did include the use of differing materials, however, due to its rearward location and the variety of materials within the locale, the use of such was considered acceptable in this instance.

The Committee was informed that the proposal would have some impact to neighbours in regards to residential amenities. However, when applying relevant calculations and assessment the impact would not result in such a significant loss of amenities that it would warrant the refusal of this application.

Following discussion by the Committee, it was moved by Councillor Alexander, seconded by Councillor Morrison and:-

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 plan:

            Drawing No 01 Rev C

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