Agenda and minutes

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

There were no apologies for absence or substitutions submitted on this occasion.

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on Tuesday 21 November 2023 and Monday 27 November 2023.

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

RESOLVED that the minutes of the meeting of the Committee, held on Tuesday 21 November 2023 be approved as a correct record and signed by the Chairman.

It was moved by Councillor McWilliams, seconded by Councillor Sudra and:-

RESOLVED that the minutes of the special meeting of the Committee, held on Monday 27 November 2023, be approved as a correct record and signed by the Chairman.

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

Councillor McWilliams declared for the public record in relation to report A.3 – 23/01312/FUL – Fir Tree House, Plough Road, Great Bentley, CO7 8NA that she was the Ward Member. She advised the meeting that therefore she would not participate in the Committee’s deliberations and decision making for this application and that she would leave the room.

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 erection of 1 no. dwelling in lieu of Prior Approval of 1 dwelling, subject of application 23/00739/COUNOT.

Committee members were told that this application had been referred to the Planning Committee as the proposed development would conflict 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 and had an Officer recommendation of approval.

Members were told that the proposed dwelling was sited in a different location being further along the east adjacent to the prior approval building, but it was of a very similar small size, design, and it also retained the same number of bedrooms. Officers were content that the proposal would not be harmful to the character and appearance of the surrounding area, and that, in part, it was a desirable improvement over the prior approval 23/00739/COUNOT as the new siting reduced the impact on neighbouring amenity.

Committee members heard that there were no significant issues in respect to neighbouring amenities or harm to trees. Essex Highway Authority had raised no objections and there was sufficient space for parking.

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 an Officer recommendation of approval.

At the meeting, an oral presentation was made by the Council’s Senior Planning Officer (MP) in respect of the application.

An update sheet had been circulated to the Committee prior to the meeting with details of an additional proposed condition which was as follows:

“CONDITION: Prior to the first occupation of the hereby approved dwellinghouse, the existing agricultural building (subject of 23/00739/COUNOT and shown as being demolished on drawing P01c) on the site must be completely demolished and all materials resulting therefrom shall be cleared from the site.

REASON - The development hereby permitted has only been supported on the basis that the existing agricultural building be removed from the site to justify their replacement with a single dwelling which ordinarily would be contrary to the development plan which directs new development to sites within settlement development boundaries.”

There were no Public Speakers on this occasion.

Change of use from residential to office with no alternations. This application is before the Planning Committee owing to the fact that the applicant is an elected Member of the Council (Councillor Bensilum).

Members were told that this application was before the Planning Committee owing to the fact that the applicant was an elected Member of the Council, and the application was being recommended by Officers for approval.

The Committee heard that the proposal was for the change of use of a residential dwelling into office use and given that the site fell within the Manningtree Town Centre such a use was supported in this location.

Members were informed that whilst the building was Grade II Listed and located within the Mistley and Manningtree Conservation Area, it was concluded by Officers that there was no harm to those heritage assets, given that no alterations were proposed and nature of the use. Furthermore, there would be no harmful impacts to neighbouring amenities to warrant refusal.

Members also heard that the Officers noted that there was no proposal to include parking provision, however, they had also acknowledged the site’s highly sustainable location within the Manningtree Town Centre and that therefore they had not considered that matter to be significantly harmful to result in a refusal.

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 Senior Planning Officer (MP) in respect of the application.

There were no updates circulated to Members for this application.

There were no public speakers for this application.

It was moved by Councillor Everett, seconded by Councillor Alexander and unanimously:-

RESOLVED that:

1)    the Head of Planning and Building Control be authorised to grant planning permission subject to the conditions as stated at paragraph 8.2 of the Officer report, or varied as is necessary to ensure the wording  ...  view the full minutes text for item 67.

Proposed erection of detached dwelling with new vehicular access.

Earlier on in the meeting as reported under Minute 64 above, Councillor McWilliams had declared that she was the Ward Member. She therefore withdrew from the meeting and took no part whilst the Committee deliberated and made its decision on this application.

Members were told that this application was before Members as Officers were recommending approval for a proposal that represented a departure from the Local Plan. The application sought planning permission for a new residential development outside of the Great Bentley Settlement Development Boundary (SDB) as defined currently within the adopted Tendring District Local Plan 2013 to 2033 and Beyond.

The Committee was told that the application site served a vacant piece of land, currently in use as part of the side garden for Fir Tree House, located amongst established residential development to the eastern side of Plough Road.

Officers informed Members that the application sought full planning permission for the erection of a detached two-storey dwelling with vehicular access from Plough Road.

The Committee was made aware that the site currently benefited from a previous, and currently still extant, planning approval 20/01618/FUL for the erection of a detached dwelling with new vehicular access. This approval was extant and would expire o 23 February 2024. It was important to note that this approval had been granted under a previous Tendring District Local Plan (2007), whereby the site had been included in the settlement development boundary of Aingers Green. The current application was essentially looking to extend the timeframe of that approval.

Members were further informed that the site lay approximately 0.63km (629.5 metres) outside of the settlement development boundary of Great Bentley and was therefore contrary to the spatial strategy set out within the Tendring District Local Plan Policy SP3 and Policy SPL2. Whilst Policy SPL2 did not explicitly preclude residential development outside of the defined boundary, it nevertheless required decision makers to carefully consider the scale of development in relation to the settlement hierarchy category, site-specific characteristics, and sustainability of the site.

Officers told Members that the site benefited from a bus stop directly to its front for services to nearby Great Bentley and Colchester. The site was therefore considered by Officers to be reasonably accessible to a range of services and facilities.

Furthermore, Members were finally told that, as briefly mentioned before, another key material consideration lay in the existence of an extant planning permission for the construction of a detached dwelling with vehicular access at the site. Officers believed that this significantly tipped the planning balance in favour of approval despite the high-level policy conflict in regard to the location of the site outside of the defined settlement boundary. Moreover, the development would not result in the opinion of Officers in any material harm in terms of design, impact, residential amenities, or highway safety over and above the extant approval, and it was also considered to be acceptable in all other regards.

An Officer Update Sheet had been circulated to Members prior to the meeting with  ...  view the full minutes text for item 68.

In accordance with the Council’s approved planning enforcement policy the Committee will receive an update report on the following areas:

-       Number of complaints received/registered in the quarter;

-       Number of cases closed in the quarter;

-       Number acknowledgments within 3 working days;

-       Number of harm assessment completions within 20 days of complaint receipt;

-       Number of site visits within the 20 day complaint period;

-       Number of update letters provided on/by day 21;

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

-       Enforcement-related appeal decisions.

The Committee was given an updated report on the following areas, in accordance with the Council’s approved planning policy:-

-       number of complaints received/registered in the quarter;

-       number of cases closed in the quarter;

-       number of acknowledgments 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.

At the meeting, an oral presentation was made by the Council’s Head of Planning and Building Control (J-PG) in respect of the report.