Agenda and minutes

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

Apologies were received from Councillors Bray and Placey (with no substitutions appointed).

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on Thursday 31 August 2023.

It was moved by Councillor Harris, seconded by Councillor Alexander and:-

RESOLVED that the minutes of the last meeting of the Committee, held on Thursday 31 August 2023, be approved as a correct record and signed by the Chairman.

Councillors are invited to declare any Disclosable Pecuniary Interests, Other Registerable Interests or Non-Registerable Interests, and the nature of it, in relation to any item on the agenda.

Councillor Harris declared for the public record in relation to reports A.2 – Planning Application 22/00979/DETAIL – Land to the South of Thorpe Road, Weeley, CO16 9AJ and A.3 – Planning Application 22/01332/FUL – Land South of Verity Gardens, Weeley, CO16 9FA that he was a Ward Member and that he had called-in those applications at the request of the Weeley Parish Council. Councillor Harris also stated that he had spoken against the original Outline application. However, as some of his concerns on the Outline planning permission had been alleviated, he was not therefore pre-determined and he would take an unbiased, pragmatic approach to these applications and remain in the meeting.

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.

Erection of 13 Sheltered Housing bungalows for persons 55 years old or older, and a new community facility building (on the site of the recently demolished sheltered housing building).

The application is before the Planning Committee as Tendring District Council is the applicant.

Committee members were told that this application was before the Planning Committee as Tendring District Council was the applicant.

Members were told that the application proposed the erection of 13 Sheltered Housing properties alongside a communal building. The site fell within the Settlement Development boundary for Lawford, whilst NPPG guidance sought to provide specialist housing for older people.

Committee members heard that the design, scale and layout of the proposal was supported by Officers, and that therefore there would not be significant harm to the amenities of neighbouring properties.

Members also heard that there would not be significant harm to existing trees and that ECC Ecology supported the proposal subject to conditions.

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 the Unilateral Undertaking and additional representations showing support for the application:

“23/00929/FUL - Erection of 13 Sheltered Housing bungalows for persons 55 years old or older, and a new community facility building (on the site of recently demolished sheltered housing building).

Honeycroft & 2 Waldegrave Way, Lawford,  Manningtree CO11 2DX

Unilateral Undertaking

The Unilateral Undertaking to secure a financial contribution towards the Essex Coast Recreational Disturbance Avoidance and Mitigation Strategy (RAMS) has now been completed.

Additional Representations

A letter has been received from Councillor Giancarlo Guglielmi on behalf of himself, Councillor Terry Barrett and Lawford Parish Council in support of the application, which reads as follows:

We write to express our combined strong support for this application, and we are sorry for not having submitted this representation before now.

The Chairman of Lawford Parish Council will attend the site visit on Thursday 28th September, but although we would have very much liked to have made our representation in person, regretfully we will not be able to attend the Committee meeting because of previous commitments.

We are delighted that this application will now be heard and determined by the Members of the Planning Committee, and we very much hope that they will agree with the Officer’s recommendation and approve this scheme that has been long time coming.

We would like to thank the Property Team for the huge amount of work they have put into preparing this application, and come with a scheme that will offer first class accommodation for Tendring residents over 55, and as this site previously known as Honeycroft Sheltered Housing, has historically provided accommodation to people who had Lawford, Mistley, and Manningtree connections, we would very much like that this unwritten policy should continue.

We are very pleased to see that CONDITION 5 addresses the potential disturbance to neighbouring properties with regards to noise, dust, and the various stages of construction, as well as including a scheme to review issues  ...  view the full minutes text for item 37.

Reserved matters application with details of appearance, landscaping, layout and scale for the development of 277 dwellings, 1,910m² commercial floorspace (B1 Uses), railway footbridge, attenuation basins, open space, play equipment and associated infrastructure pursuant to outline permission 19/00524/OUT (Outline planning application with all matters reserved, except for access, for 280 dwellings, a 2 Form of Entry primary school, 56 place early years nursery, up to 3000 sqm of office (B1) buildings on 1 hectare and associated ancillary buildings, drainage systems, boundary treatments and hard surfacing as well as public open space, vehicular access from Thorpe Road a pedestrian footbridge and the closure of existing level crossing and formal diversion of public footpath No 5 - Weeley, over the new railway bridge) including minor alterations to public footpaths No.3 and No. 4 to allow for the proposed layout.

The application stands referred to the Planning Committee, as when the outline planning permission was granted originally, Members decided that the Reserved Matters application(s) would be referred to the Planning Committee for its determination. In addition, Councillor Peter Harris, the Ward Member, has requested that the application be ‘called in’ to the Planning Committee, due to his concerns about the provision of Open Space within the development; concerns about the surface water drainage scheme; the design of the railway footbridge; and concerns over traffic management and the proposed vehicular access for the site.

Members were told that the application had been referred to the Planning Committee as when Outline planning permission had been granted Members of the Committee had agreed that the Reserved Matters application(s) would be referred to the Planning Committee for its determination. In addition, Councillor Peter Harris, the Ward Member, acting on behalf of Weeley Parish Council had requested that the application be ‘called in’ to the Planning Committee,  as the Parish Council had raised its concerns about the provision of Open Space within the development; concerns about the surface water drainage scheme; the design of the railway footbridge; and concerns over traffic management and the proposed vehicular access for the site.

The Committee heard that the current application sought approval of the reserved matters related to outline planning permission 19/00524/OUT, which had granted outline permission for the erection of up to 280 dwellings, a potential new primary school and children’s nursery, up to 3,000sqm of office (B1) floorspace and associated infrastructure and development including the provision of Public Open Space. The development had also approved through the outline planning permission a pedestrian footbridge over the railway line to the south of the application site.

Members were further informed that when the outline planning permission had been approved it had included approval of the vehicular access to the site – a single road leading from a modified priority junction on Thorpe Road. Whilst the access details had been approved all other matters had been Reserved. The application now in front of Members included details of the appearance, landscaping, layout and scale, of the whole application site, excluding the education land and a relatively small parcel of land immediately to the south of Verity Gardens, as those details had not been included as part of the outline permission and were included for consideration in a current, separate application 22/01332/FUL.

Officers informed Members that, as established through the granting of outline application 19/00524/OUT, the principle of a mixed use, residential led development for up to 280 dwellings, with new education facilities, commercial office space, and pedestrian footbridge had all been found to be acceptable by the Council.

Members also heard that the detailed design, layout, landscaping, and scale were considered acceptable by Officers. The proposal would result in no material harm to residential amenity or highway safety and the application was therefore recommended by Officers for approval subject to the planning conditions listed in the Officer report.

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 (AN) in respect of the application.

An update sheet had been circulated to the Committee prior to the meeting with details of additional representations, change of wording for conditions and additional conditions:

“Additional Representations

Weeley Parish Council: Weeley Parish Council (WPC) considered this application at its meeting on 18  ...  view the full minutes text for item 38.

Proposed three dwellings and associated ancillary buildings, drainage systems, boundary treatments, hard surfacing with vehicular access from Thorpe Road, Weeley.

The application stands referred to the Planning Committee, as when the outline planning permission was granted originally granted for a larger site, which included this application site, Members decided that the Reserved Matters application(s) would be referred to the Planning Committee for its determination. In addition, Councillor Peter Harris, the Ward Member, has requested that the application be ‘called in’ to the Planning Committee, due to his concerns about the access to the site being unsuitable; the potential inability of emergency vehicles to access all dwellings; and the proposed dwellings being too close to the existing dwellings; and the adverse impact this could have on residents’ privacy.

Members were told that this application had been referred to the Planning Committee as when Outline planning permission had been granted for the larger site, which had included this application site, Members of the Committee had agreed that the Reserved Matters application(s) would be referred  to the Planning Committee for determination. In addition,  Councillor Peter Harris, the Ward Member, acting on behalf of Weeley Parish Council, had also requested that the application be ‘called in’ to the Planning Committee for its determination, the Parish Council having raised its concerns about the access to the site not being suitable, the inability of emergency vehicles to access all dwellings; and the dwellings being too close to existing dwellings, and the adverse impact this would have on residents’ privacy.

The Committee was told that the application sought full planning permission for the erection of three dwellings on a small parcel of land that formed part of a much larger site which the Council had granted outline planning permission for. The outline planning permission (19/00524/OUT) allowed for the erection of up to 280 dwellings, a new primary school and children’s nursery, up to 3,000sqm of office (B1) floorspace and associated infrastructure and development including the provision of Public Open Space.

Officers informed Members that because it was proposed that the three dwellings were accessed across land that was outside the ‘red line’ of the outline planning permission the applicant had submitted the application for full planning permission, so it was not pursuant to the outline planning permission. A separate application which sought approval for the Reserved Matters for development (22/00979/DETAIL), including the erection of 277 dwellings on land to the south of the application site, had just been determined by the Committee under Minute 38 above. If both applications were approved a total of 280 dwellings would be erected within the area that had outline planning permission. That would be consistent with the maximum number of dwellings that had been allowed under the outline planning permission.

The Committee was made aware that there was no objection to the principle of residential development as the land already had outline planning permission for residential development. Furthermore, the site was located within the Weeley Settlement Development Boundary and was specifically designated to be part of a mixed-use development in the adopted Tendring District Local Plan. The detailed design, layout, landscaping and scale were considered acceptable by Officers. There were no objections from consultees and Officers considered that the proposal would not result in harm to residential amenity of a level that would warrant refusal of planning permission. The application was therefore recommended by Officers for approval subject to the legal agreement and planning conditions listed.

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 (AN) in respect of the application.

An  ...  view the full minutes text for item 39.

To seek the Committee’s approval for a revised version of the Council’s Planning Enforcement Policy document and associated Harm Risk Assessment Prioritisation Scheme.

The Committee heard that the National Planning Policy Framework (NPPF) required local planning authorities to consider publishing a local planning enforcement policy or plan, which described how the Council would manage planning enforcement in a way which was appropriate to their specific area. The NPPF also made clear that planning enforcement was discretionary and that local authorities should act proportionately in responding to breaches of planning control.

Members were told that the purpose of the Enforcement Policy was to provide elected Members and the wider public with a clear understanding of how planning enforcement would be delivered, and the criteria used in making assessment of potential breaches of planning law.

The Committee was informed that the Council’s current Planning Enforcement Policy had been adopted, by decision of the Planning Committee following its meeting on 1 September 2022. The revised version now before it incorporated specific changes recommended by the Resources and Services Overview and Scrutiny Committee following the report of the Task & Finish Working Group looking at the Council’s Planning Enforcement Function, which had subsequently been endorsed by the Cabinet.

The Committee had before it the published Officer report containing the Policy details for Planning Enforcement with the recommendation to adopt the revised version of the Planning Enforcement Policy 2023 and the associated Harm Risk Assessment Prioritisation Scheme.

At the meeting, an oral presentation was made by the Council’s Director (Planning) (GG) in respect of the Policy.

It was moved by Councillor Harris, seconded by Councillor Alexander, and:

RESOLVED that the 

1. the revised version of the Planning Enforcement Policy 2023 and the associated Harm Risk Assessment Prioritisation Scheme be adopted, subject to the inclusion of a criteria of “Harm to Biodiversity” with a score of 2, under Point 4 of the Harm Risk Assessment Prioritisation Scheme.

At the request of the Chairman of the Committee, to enable Members to consider whether to amend the start time of future meetings of the Planning Committee.

As part of that consideration, the Committee is requested to discuss passing the following resolution:-

"That, with effect from the next ordinary meeting of the Planning Committee (due to be held on 24 October 2023), meetings of that Committee will commence at 5.00 p.m. until further notice."

Members were informed that, at the request of the Chairman of the Committee, Members were to consider whether to amend the start time of future meetings of the Planning Committee.

An update sheet had been circulated to Members prior to the meeting with advice from the Council’s Monitoring Officer as follows:

“Advice has been received from the Council’s Monitoring Officer that the Planning Committee does not have the delegated power and that only Full Council can amend the permanent start time of a Committee’s meetings under the Council’s Constitution (Council Procedure Rule 35.1 (Ordinary Meetings of Committees)).

The Monitoring Officer has therefore suggested that the Committee instead considers passing the following resolution at its meeting on 28 September:-

“That –

(a)   the meetings of the Planning Committee due to be held on Tuesday 24 October 2023 commencing at 6.00 p.m. and on Tuesday 21 November 2023 commencing at 6.00 p.m. be cancelled;

(b)  the Chairman of the Planning Committee be requested to exercise their delegated power under Council Procedure Rule 35.2 (Special Meetings) and to call special meetings of the Planning Committee to be held on the following dates:-

Tuesday 24 October 2023 commencing at 5.00 p.m.

Tuesday 21 November 2023 commencing at 5.00 p.m.

(c)   Full Council be requested to change the permanent commencement time of meetings of the Planning Committee from 6.00 p.m. to 5.00 p.m.””

It was moved by Councillor Everett, seconded by Councillor Fowler and:-

RESOLVED that:

(a)   the meetings of the Planning Committee due to be held on Tuesday 24 October 2023 commencing at 6.00 p.m. and on Tuesday 21 November 2023 commencing at 6.00 p.m. be cancelled;

(b)   the Chairman of the Planning Committee be requested to exercise their delegated power under Council Procedure Rule 35.2 (Special Meetings) and to call special meetings of the Planning Committee to be held on the following dates:-

Tuesday 24 October 2023 commencing at 5.00 p.m.

Tuesday 21 November 2023 commencing at 5.00 p.m.

(c)   Full Council be requested to change the permanent commencement time of meetings of the Planning Committee from 6.00 p.m. to 5.00 p.m.”