Agenda and minutes

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

Apologies for absence were received from Councillors Cawthron (with no substitute) and Brown (with no substitute).

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on 24 July 2018.

The Committee were made aware of an objection to the minutes of the previous meeting, held on 24 July 2018, the objection was raised by NEEB Holdings ltd. with respect to the deferment of planning application 17/02168/OUT – Land West of Low Road, Dovercourt, CO12 3TR. The published minutes note that “this application be deferred in order for consideration to be given to alternative highway improvements / access”. NEEB Holdings ltd. believed the agreed decision was “to allow the planning officer to discuss with the applicant whether they would approach highways to come up with some sort of traffic calming measures”. They were therefore requesting “that the minutes be amended to factually reflect the reason for deferment.”

The Chairman, having been provided with a Briefing Note for Members regarding the recording of the previous meeting, put this objection to the Proposer, Councillor Everett, and the seconder, Councillor Alexander, who agreed there was no material difference and therefore no amendment to be made to the draft minutes.

The minutes of the last meeting of the Committee, held on 24 July 2018, were therefore 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.

Councillor Heaney declared that, due to the fact she was not present at the meeting where Planning Applications 18/00464/FUL and 17/01229/OUT had previously been before the Committee, she would not participate whilst the Committee deliberated on application 18/00464/FUL and reached its decision, and would withdraw from the meeting on application 17/01229/OUT whilst the Committee deliberated and reached its decision.

Councillor White declared that due to the fact he had previously declared a personal interest in Planning Application 18/00464/FUL insofar as he was a local ward member and a member of St Osyth Parish Council (who had objected the application previously). He had also previously declared he was predetermined on this application. He therefore vacated the Chair for this item only and withdrew from the meeting whilst the Committee deliberated and reached its decision. the Vice-Chairman, Councillor Heaney, therefore chaired the meeting for this item only, However, as stated above Councillor Heaney would not participate in any discussion on this item nor vote.

Councillor McWilliams declared that she was predetermined on Planning Application 18/00464/FUL, and would therefore withdraw from the meeting whilst the Committee deliberated and reached its decision.

Councillor Bennison declared that she had an interest in Planning Application 18/00734/OUT, insofar as she is a resident of Holland-On-Sea, however she is not predetermined. Councillor Bennison also declared an interest in Planning Application 17/01229/OUT insofar as she is the Ward Councillor for Peter Bruff, however she was not predetermined.

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.

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.

One question had been submitted as set out below;

Question One

From Councillor Baker to Councillor White, Chairman of the Planning Committee;

“The NPPF 2018 was published by the Government on 24th July 2018, together with the Housing Delivery Test Measurement Rule Book. As this document is now referred to in our latest Agenda, when are we as a Committee, going to receive any training/input as to how this might affect our deliberations in the months to come?

Our next Planning Training is scheduled for Tuesday 25th September, however this will be after September's Planning Meeting, which I personally feel is leaving it too long.”

Councillor White replied as follows:

Thankyou Councillor Baker for the question. The revised National Planning Policy Framework was published in July 2018. The reports of the Planning Committee agenda make reference to the revised NPPF, highlighting the areas of particular relevance to the applications being considered. The framework is taken into account in the recommendations made to the Committee.

As you correctly point out, training for members is planned for the 25^th September and this event would focus on the revised framework.

However, officers have identified two earlier dates of either Monday 10^th September or Wednesday 12^th September when training could be held. These dates are subject to the usual administrative processes, such as rooms being available etc, and so member training on the revised NPPF could proceed on an earlier date. i.e before the next planning meeting on Tuesday 18^th September.

I would add that we all have a full TDC meeting on the Tuesday 11^th and that my personal preference would therefore be Wednesday 12^th September.

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.

In view of the large number of members of the public present at the meeting who were interested in this application, the Chairman decided to bring this item forward in the agenda.

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 (GN) in respect of the application.

An update sheet was circulated to the Committee prior to the meeting with details of two further letters which have been received by the Council from local residents to Weeley in respect of the above application.

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

Parish Councillor Christine Hamilton, representing Weeley Parish Council, spoke against the application.

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

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

Steven Rose, the applicant, spoke in support of the application.

Following discussion by the Committee, it was moved by Councillor Everett, seconded by Councillor Alexander and RESOLVED that consideration of this application be deferred until the outcome of the Part 2 examination of the Council’s Local Plan due to the fact the application is premature to the local plan process and would undermine the process if determined at this stage.

Replacement dwelling (following demolition of existing).

Councillor Heaney had previously declared that due to the fact that she was not present at the meeting where Planning Application 18/00464/FUL had previously been before the Committee, she would not participate whilst the Committee deliberated and reached its decision.

Councillor White had previously declared an interest in Planning Application 18/00464/FUL insofar as he was a local ward member and a member of St Osyth Parish Council (who had objected the application previously). He had also previously declared he was predetermined on this application. He therefore vacated the Chair for this item only and withdrew from the meeting whilst the Committee deliberated and reached its decision. the Vice-Chairman, Councillor Heaney, therefore chaired the meeting for this item only, However, as stated above Councillor Heaney would not participate in any discussion on this item nor vote.

Councillor McWilliams had previously declared that she was predetermined on Planning Application 18/00464/FUL, and therefore withdrew from the meeting whist the Committee deliberated and reached its decision.

It was reported that this application had been referred to the committee as the applicant is an elected councillor of Tendring District Council.

Members recalled that this application had been originally considered by the committee at its meeting held on 30 May 2018. At that meeting members requested the application is deferred to enable officers to negotiate a building of reduced height and bulk to improve its appearance within the street scene and ensure a more sympathetic relationship to neighbouring buildings.

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 (SC-E) in respect of the application

An update sheet was circulated to the Committee prior to the meeting with details of further recommendations from St Osyth Parish Council.

Following discussion by the Committee, it was moved by Councillor Alexander, seconded by Councillor Fowler and RESOLVED that the Head of Planning (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to the following conditions;

Conditions:

1. Standard 3 year time limit for commencement.

2. Accordance with approved plans.

3. Garage/parking bay available for use prior to occupation and retained as approved for parking purposes only.

4. Submission of flood evacuation plan.

5. Submission of flood proofing/building flood resilience measures report.

6. Ground floor shall only be used for purposes as shown on plans and retained (parking,storage and wet room/utility room and kitchen).

7. Details of materials/surface finishes.

8. Obscure glazing to side bathroom window and rear bedroom window

9. Removal of permitted development rights (extensions/outbuildings/Roof Additions and windows).

Outline application (all matters reserved except means of access) for the redevelopment (including demolition) of the site for up to 950 residential units (including affordable housing) with a new Neighbourhood Centre comprising a local healthcare facility of up to 1500sqm NIA and up to 700sqm GFA for use classes A1 (shops), A3 (food and drink) and/or D1 (community centre); a 2.1ha site for a new primary school; and associated roads, open space, drainage, landscaping and other associated infrastructure.

Councillor Heaney had previously declared that, due to the fact she was not present at the original meeting where Planning Application 17/01229/OUT went before the Committee, she withdrew from the meeting whilst the Committee deliberated and reached its decision.

Councillor Bennison had previously declared an interest in Planning Application 17/01229/OUT insofar as she is the Ward Councillor for Peter Bruff, however she was not predetermined.

Members recalled that this application had been originally considered by the committee at its meeting held on 30 May 2018. At this meeting the committee resolved to grant outline planning permission for this major development at Rouse Farm, Clacton – subject to the completion of a section 106 legal agreement and a series of planning conditions. However, since the aforementioned meeting there had been changes to the planning conditions relating to Highway improvement works that the Council’s Planning Manager (GG) wanted to gain endorsement for from the committee.

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 (GG) in respect of the application.

Following discussion by the Committee, it was moved by Councillor Baker, seconded by Councillor McWilliams and RESOLVED that the Head of 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 and subject to the completion of viability testing):

·         On-site Council Housing/Affordable Housing (the quantum and tenure to be agreed by the Head of Planning following the satisfactory completion of viability testing);

·         Provision of land on-site for a new healthcare facility together with a financial

·         contribution towards its provision. [In the event that the land is not required, the

·         financial contribution will be spent on health facilities elsewhere (to be determined

·         by the NHS);

·         Transfer of new open space, including proposed equipped play areas to the

·         Council or a management company;

·         Land for a new primary school and early years and childcare facility on site with

·         financial contributions towards the provision of those facilities;

·         Financial contributions to create additional secondary school places;

·         New neighbourhood centre; and

·         Financial contributions towards off-site ecological mitigation.

[Also the routing of bus services through the development – as advised on

the 30th May 2018 update sheet]

b) Planning conditions in accordance with those set out in (i) below (but with such

amendments and additions, if any, to the detailed wording thereof as the Head of

Planning (or the equivalent authorised officer) in their discretion considers appropriate).

(i) Conditions:

1. Standard 3 year time limit for submission of first reserved matters application (which can thereafter be submitted in phases to reflect the phasing of  ...  view the full minutes text for item 46.

Erection of 84 dwellings, including the provision of affordable homes together with means of access, parking, garaging, associated landscaping and public open space provision.

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 (SC-E) in respect of the application.

An update sheet was circulated to the Committee prior to the meeting with details of  Amendment to Recommendations.

Parish Councillor Osborne, representing Alresford Parish Council, spoke against the application.

Stephen Brown, the agent on behalf of the applicant, spoke in support of the application.

Councillor Scott, a local Ward Member had registered to speak on this application, but was unable to attend the meeting. The Committee were therefore provided with Councillor Scott’s written comments on the application.

Following discussion by the Committee, it was moved by Councillor Everett, seconded by Councillor McWilliams and RESOLVED that consideration of this application be deferred for further discussion with the applicant regarding the location of affordable housing, introducing bungalows,  the potential of alternative types of housing ownership/occupation such as Almshouses and additional reports being required by the ecology report.

Proposed change of use from C3 (Dwellinghouse) to C4 (House In Multiple Occupation).

It was reported that this application had been referred to the Committee at the request of Councillor I. Henderson.

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 (GN) in respect of the application.

An update sheet was circulated to the Committee prior to the meeting with details of;

(1) Additional information in relation to the rear access        

(2) Lack of Heritage Statement

Ian Jones, a local resident, spoke against the application.

Councillor I. Henderson, a local Ward Member, spoke against the application.

Following discussion by the Committee, it was moved by Councillor McWilliams, seconded by Councillor Fowler and RESOLVED that, contrary to the Officer’s recommendation of approval, the Head of Planning (or equivalent authorised officer) be authorised to refuse planning permission for the development due to the following reasons:-

(1)  Lack of amenity space

(2)  Insufficient parking provision

(3)  Insufficient provisions for refuse disposal

(4)  Adverse impact on existing residential amenity

(5)  Adverse impact on character of the locality and conservation area

Outline application with all matters reserved for the construction of 1 dwelling.

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 (SC-E) in respect of the application.

Following discussion by the Committee, it was moved by Councillor Baker, seconded by Councillor McWilliams and RESOLVED that the Head of Planning (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to the following conditions;

Conditions:

1. Reserved Matters standard conditions;

2. Approved plans;

3. Submission of a Construction Method Statement; and

4. Adhere to the recommendations within the Preliminary Ecological Appraisal.