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

An apology for absence was submitted on behalf of Councillor Fowler, who was substituted by Councillor Davidson.

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on 17 January 2023.

The minutes of the last meeting of the Committee, held on 17 January 2023, were approved as a correct record, and signed by the Chairman.

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.

Cllr Harris declared for the public record, a personal interest in Item A.2 Planning Application 22/01286/FUL Lodge House, Crow Lane, Tendring CO16 9AP due to both being a resident of Tendring and the local Ward Member. He stated that he was not pre-determined and that therefore he would participate in the Committee’s deliberations on this application.

Cllr Guglielmi declared for the public record, a personal interest in Item A.5 Planning Application 22/01423/FUL Land at 72 Hungerdown Lane, Lawford due to both being the Chairman of Lawford Parish Council and a local Ward Member. She stated that she was not pre-determined and that therefore she would participate in the Committee’s deliberations on this application.

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 no such Questions on Notice submitted by Councillors on this occasion.

Proposed residential development of 86 dwellings, community building and play area, public car park, landscaping and ancillary works.

Members were advised that this application was before the Committee at the request of Councillor Bush on the basis that the development was of major significance to Great Oakley. Councillor Bush was in support of the application.

It was reported that the application site was situated to the south-western end of the village of Great Oakley. The application site extended approximately 3.7 hectares and was located to the south of the existing allotments, off Beaumont Road.

The site lay within the Great Oakley Settlement Development Boundary, as defined within the adopted Tendring District Local Plan 2013 – 2033 and Beyond, where the principle of residential development  was accepted, subject to the relevant detailed considerations.

Members were informed that the application sought full planning permission for residential development of 86 dwellings together with the provision of a community building, play area, public car park, and associated landscaping.

Following extensive discussions and negotiations with the applicant, and the submission of amended plans to improve the layout and address statutory consultee objections, Officers were recommending approval of the application for the reasons set out in the ‘Assessment’ section  of the Officer written report and subject to a Section 106 legal agreement securing all planning obligations relevant to the development.

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.

An update sheet had been circulated to the Committee prior to the meeting with details of amendments to the recommendation and an additional condition as follows:-

3.         FURTHER APPROVAL: AGREEMENT OF MATERIALS

No development shall be commenced above slab level on any phase until precise details of the manufacturer and types and colours of the external facing and roofing materials to be used in construction have been submitted to and approved, in writing, by the Local planning authority. Such materials as may be agreed shall be those used in the development and fully applied prior to the first use/occupation.

Reason - To secure an orderly and well-designed finish in the interests of visual amenity and the character and appearance of the development.

6.         APPROVAL REQUIRED: LANDSCAPE MANAGEMENT PLAN

No development above slab level shall take place until there has been submitted to and approved, in writing, by the Local planning authority a landscape management plan for a minimum of 5 years. Both new and existing planting (including SUDs features as applicable) will be required to be included in a long-term management plan. The landscape management plan shall also include long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens. The landscape management plan shall be carried out as approved in accordance with the details and timescales in the plan and thereafter retained.

Reason - To support plant establishment and ensure the proper management  ...  view the full minutes text for item 91.

Replacement dwelling following approval (under planning permission 21/01957/FUL) for conversion of office/garage building into a dwelling.

The Committee was made aware that this application was referred to it as the proposed development would conflict with the requirements of the Development Plan, principally Policy SPL2 (Settlement Development Boundaries) of the Tendring District Local Plan 2013-2033 and Beyond (Section 2, adopted January 2022) being located outside of any defined settlement development boundary.

It was reported that the proposed dwelling was not considered by Officers to be so materially different in regards to siting and footprint compared to the existing building on site which benefitted from planning approval for a conversion (from office/garage) into a dwelling (under TDC planning ref 21/01957/FUL). Moreover, in respect of proposed design and external appearance, the proposal was considered by Officers to be acceptable and would meet the design expectations of relevant local and national policies. The maximum ridge height of the proposal marginally exceeded the ridge height of the existing building by 50cm (currently the ridge height  was 4.7m and the proposal would increase the height to 5.2m). The proposed dwelling would continue to utilise an existing private access off Crow Lane with good visibility splays in both directions.

In the absence of any material harm resulting from the development in regards to its individual appearance, impact on the wider streetscene and the character and appearance of the rural landscape, the application was recommended by Officers for approval. Furthermore, the proposal would not have resulted in any detrimental impact on neighbour amenity and there were no concerns raised in regard to parking and highway safety matters.

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.

Peter Le Grys, the agent acting on behalf of the applicant, spoke in support of the application. Mr Le Grys queried the need for Condition 5 proposed in paragraph 7.2 of the Officer Report requiring a scheme for sustainable energy measures to be approved by the Council as this was not required on the previous grant of planning permission for the site. The Planning Officer responded and agreed with the removal of Condition 5.

Parish Chairman Ted Edwards, representing Tendring Parish Council, spoke against the application.

Proposed extension to the current cemetery site.

Members were reminded that this application was for the extension of the Clacton-on-Sea Cemetery at Burrs Road. The application site was on land allocated for the cemetery extension within the Tendring Adopted Local Plan. This extension would accommodate the identified local need for additional burial plots in the future. The application was presented at Committee as it was a Tendring District Council application on Council owned land.

It was reported that the site was designated as a Local Wildlife Site (LoWS) and was bordered by Pickers Ditch to the north and west, with areas around the ditch falling into flood zones 2 and 3.

Matters concerning, flooding, SuDs and Ecology had taken significant time to determine particularly with regard to the Biodiversity Net Gain obligations and the identification of suitable compensation sites.

Those matters  had now been satisfactorily resolved and subject to conditions there were no objections from the Environment Agency, Lead Local Flood Authority or ECC Ecology. There were no concerns raised with regards to highway safety or impact on residential amenity, therefore the application was recommended by Officers 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 (JP-G) in respect of the application.

Ian Taylor, representing Tendring District Council, spoke in support of the application.

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

RESOLVED that the Planning Manager (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to the conditions and reasons stated in paragraph 8.2 of the Officer Report as set out below, or as need to varied to take account for any errors, legal and necessary updates:-

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 drawings and documents, and/or such other drawings/documents as may be approved by the Local Planning Authority in writing pursuant to other conditions of this permission or such drawings/documents as may be subsequently approved in writing by the Local Planning Authority as a non-material amendment following an application in that regard:

· CDS_TEN_CLA_04 Rev 06 – Drainage Layout Plan

· CDS_TEN_CLA_09 Rev 00 – Drainage Details

· CDS_TEN_CLA_07 Rev 00 – Proposed Planting Scheme

· CDS_TEN_CLA_08 Rev 00 – Planting Schedules

· Design and Access Statement, 20th February 2020, Ref: 618072, 217058

· Flood Risk Assessment

· Landscape Management Plan

· Landscape Management and Maintenance Plan, 26th February 2020, Ref: 618072, 217058

· Planning and Needs Assessment Report, February 2020

· Reed Bed Design, March 2020

· Design of Attenuation Capacity for a Restricted  ...  view the full minutes text for item 93.

Retrospective application for the erection of a building for storage of machinery, materials, and ancillary domestic/leisure use, all related to the existing property.

The Committee was reminded that this application was before  it following a call-in request from Councillor McWilliams due to her concerns that the development did not relate well to its site and surroundings, and caused harm to the nearby listed buildings.

It was reported that the proposal related to a retrospective planning application for a building that  had been initially approved under planning reference 19/01462/FUL in February 2020, but which had not been built in accordance with the previously approved plans. The main alterations saw an increase in the size and height of the building, which was to be utilised for ancillary storage and domestic leisure uses.

Members were informed that the increased size of the building would not be materially harmful to the character and appearance of the surrounding area, would not detrimentally impact the setting of the nearby listed buildings, and would result in a neutral impact to existing neighbouring amenities. In addition, Essex Highways Authority had raised no objections.

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 (MP) in respect of the application.

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

(1)          Additional comments received from Great Bentley Parish Council;

(2)          An amendment to Recommended Planning Condition 2;

(3)          An additional Recommended Planning Condition; and

(4)          An additional Letter of Objection Received.

Kevin Coleman, the agent acting on behalf of the applicant, spoke in support of the application.

Parish Clerk Jennifer Spear, representing Great Bentley Parish Council, spoke against the application.

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

Following discussion by the Committee on the merits of the application before them, it was moved by Councillor Harris, seconded by Councillor Codling and:-

RESOLVED that, contrary to the Officer’s recommendation of approval, the Planning Manager (or equivalent authorised  ...  view the full minutes text for item 94.

Erection of two 3-bedroom cottages (in lieu of Prior Approval for two x 3- bedroom dwellings, subject to application 21/00057/COUNOT).

It was reported that this application  had been referred to the Planning Committee as the proposed development would have conflicted with the requirements of the Development Plan, principally Policy SPL2 (Settlement Development Boundaries) of the Tendring District Local Plan 2013-2033 and Beyond Section 2 (adopted January 2022) being located outside of any defined settlement development boundary.

Members were advised that the proposed dwelling was not considered to be materially different in regard to siting or footprint to the development approved under prior approval 21/00057/COUNOT and was similar in scale and appearance to dwellings and other built form within the wider area. The overall height of the proposal exceeded that of the existing building, however this was not considered to result in significant harm.

Following revisions to a previously refused scheme of a similar nature, namely to utilise the existing vehicular access point to the south-western corner of the site as opposed to forming a new access, Essex Highways Authority had raised no objections.

Members of the Committee were reminded that the Council’s Tree and Landscape Officer had also raised no concerns, whilst sufficient parking and private amenity space was provided, and there would not be significant harm to existing neighbouring amenities.

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 (MP) in respect of the application.

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

Prior to the debate the Planning Manager suggested a condition be added for consistency that a renewable and sustainable energy scheme should be secured in accordance with the Local Plan as the application is for the creation of new dwellings and it was realised this had been missed from the recommended conditions in the Officer Report.

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

RESOLVED that the Planning Manager (or equivalent authorised officer) be authorised to grant planning permission for the development subject to the conditions in paragraph 8.2 of the Officer Report with the additional of a condition securing a renewable and sustainable energy scheme for the development, as set out below, or as need to be varied and those as may be deemed necessary:

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 drawings / documents, and / or such other drawings / documents as may be approved by the Local Planning Authority in writing pursuant to other conditions of this permission or  ...  view the full minutes text for item 95.

In accordance with the provisions of the Council’s Enforcement Policy, this report is provided to Planning Committee on a quarterly basis for information.

Members were informed that, in accordance with the provisions of the Council’s Enforcement Policy, this report was to be provided to the Planning Committee on a quarterly basis for information. No information in this report was considered to be confidential, but personal and site information that  might allow identification of the site and/or persons  had been not provided given the confidential nature of enforcement activities and consideration of data protection requirements. The report contained live Information that had been  taken on 17th January 2023.

The enforcement policy sought to report the following areas:-

.

- number of complaints received/registered in the quarter;

- number of cases closed in the quarter;

- number of acknowledgements within 3 working days

- number of harm assessment completions within 20 days of complaint receipt.

- number of site visits within the 20 day complaint receipt period.

- number of update letters provided on/by day 21

- number of live cases presented by category, electoral ward and time period since receipt;

- enforcement-related appeal decisions.

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

RESOLVED that the contents of the report be noted.