Agenda and minutes

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

There were no apologies for absence submitted or substitute members appointed on this occasion.

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on Tuesday 9 April 2019.

The minutes of the last meeting of the Committee, held on 9 April 2019, 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.

Members of the Committee declared that they had been lobbied on various planning applications by letter and/or email. With one exception, Members had not read any of those communications and, in most cases, had forwarded them on to either the Planning Officers or the Council’s Solicitor.

Members confirmed that they were not pre-determined on any of the planning applications now before them for decision.

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.

The construction of 90 small B1 & B8 use commercial units with ancillary facilities, associated car parking and landscaping; and the construction of 5 commercial office blocks with B1 use with associated car parking and landscaping.

It was reported that this application had been referred to the Committee as it represented a departure from the Tendring District Local Plan 2007 and the Tendring District Local Plan 2013 – 2033 and Beyond Publication Draft as the application site was located outside any Settlement Development Boundary.

Members were reminded that the principle of B1 and B8 commercial development on this site had been established by the granting of application 17/02204/FUL at the meeting of the Committee held in July 2018 which had given permission for the erection of 79 small B1 and B8 commercial units and five commercial office blocks with B1 use with associated car parking and landscaping.

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)    a further letter of objection received from Martin Robeson Planning Practice together with an Officer response;

(2)    amendments to the Officer report; and

(3)    amendments to the proposed planning conditions.

Martin Robeson, of Martin Robeson Planning Practice, acting on behalf of Lodge Park a nearby business park, spoke against the application.

Ed Kemsley, the agent acting on behalf of the applicant, spoke in support of the application.

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

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 plans: P (000) 010 Rev. A, P (000) 111 Rev. H, P (000) 112 Rev. B, P (000) 113 Rev. A, P (000) 211 Rev. A, P (000) 212 Rev. A, P (000) 213 Rev. A, P (000) 311 Rev. A, P (000) 312 Rev. A, P (000) 313 Rev. A, P (000) 314 Rev. B, P (000) 315 Rev. A, P (000) 316 Rev. A, P (000) 317 Rev. A, P (000) 318 Rev. A, P (000) 319 Rev. A and P (000) 402 Rev. B. 

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

3.      No above ground development shall commence on any phase until there has been submitted to and approved in writing by the Local Planning Authority, a scheme of hard and soft landscaping works for that Phase, which shall include any proposed changes in ground  ...  view the full minutes text for item 5.

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

Members were reminded that the Committee, at its meeting held on 18 September 2018, had decided to grant planning permission subject to a legal agreement under the provisions of Section 106 of the Town and Country Planning Act 1990 (as amended being completed within 6 months) in order to secure the following:

·      Affordable Housing – 3 units to be gifted to the Council and 8 units to be transferred to a Registered Provider; to be prioritised for households with an Alresford connection first, then households from neighbouring parishes and then the whole District;

·      Education – Early Years and Childcare - £131,170; Primary Education £385,081; Secondary Education £389,995 and Secondary School Transport £59,787;

·      Healthcare – Financial contribution of £27,800 towards improvement of services at Colne Medical Centre, including the Alresford Branch Surgery; and

·      Public Open Space and Equipped Play Areas – to be transferred to the Council and laid out before transfer, with a financial contribution towards future maintenance

It was reported that whilst progress had been made on the legal agreement it had not been completed within the given timescale and therefore an extension of time until 11 September 2019 was now being sought.

Members were further informed that since the previous consideration of the  application by the Committee and in accordance with Natural England advice there was now a requirement to seek a financial contribution (referred to as a RAMS contribution) in order to mitigate against any adverse impact the proposal might have on European Designated Sites.  The Officer’s recommendation had been updated to reflect this need and the applicant had agreed to pay that contribution. 

It was confirmed that the proposed development had not been amended and all other aspects remained the same as set out in the original Officer’s report to Planning Committee dated 18th September 2018 which was attached as an appendix to the Officer’s report to this meeting. 

At the meeting, an oral presentation was made by the Council’s Planning Team Leader (AN) in respect of the application.

The Chairman confirmed that there would be no public speaking allowed on this application.

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

(1)   within 3 (three) 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):

·      Affordable Housing Provision: 3 units to be gifted to the Council and 8 units to be transferred to a Registered Provider; to be prioritised for households with an Alresford connection first, then households from neighbouring parishes and then the whole District;

·      Education – Early Years and Childcare £131,170; Primary Education £385,081; Secondary Education £389,995 and Secondary School Transport £59,787;

·      Healthcare – Financial contribution of £27,800 towards improvement of services at Colne Medical Centre,  ...  view the full minutes text for item 6.

Reserved matters application following Outline application 17/01811/OUT - Erection of 14 dwellings.

It was reported that this application was before the Committee as at the time that the outline application had been approved a request had been made by Members for the reserved matters application to brought to the Committee for its determination.

The Committee was aware that Unilateral Undertakings had already been completed to secure a financial contribution towards RAMS of £122.30 per dwelling and a payment towards enhancements to the Ramsey War Memorial Play Area.

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 was circulated to the Committee prior to the meeting with details of amendments to the Officer report.

Following discussion by the Committee, it was moved by Councillor Bray, 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 and informatives –

Conditions and Reasons

1   The development hereby permitted shall be carried out in accordance with the following approved drawing no’s:

15, 17, 25, 27, 29, 31, 33, 16A, 18A, 26A, 28A, 30A, 32A, 34A, 39A, 40A, 42, 14B, 44, 10C, 11C, 13D, 19A, 20B, 21B, 22C, 23A, 24B, 35C, 36C, 37B, 38C, 41B, 43A, 45A and 46A.

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

2   No development shall take place, including any ground works or demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

a.    the parking of vehicles of site operatives and visitors

b.    loading and unloading of plant and materials

c.    storage of plant and materials used in constructing the development

d.    wheel and underbody washing facilities

e.    dust suppression

Reason - To ensure that on-street parking of these vehicles in the adjoining streets does not occur and to ensure that loose materials and spoil are not brought out onto the highway in the interests of highway safety.

3   The approved scheme of landscaping shown on drawing no. 13D, shall be implemented no later than the first planting season following commencement of the development (or within such extended period or phased arrangement as the Local Planning Authority may allow) and shall thereafter be retained and maintained for a period of five years. Any plant material removed, dying or becoming seriously damaged or diseased within five years of planting shall be replaced within the first available planting season and shall be retained and maintained.

Reason - To ensure the effective implementation of the approved landscaping scheme, in the interests of visual amenity.

4   Notwithstanding the provisions of Article 3, Schedule 2, Part 1, Class B and  ...  view the full minutes text for item 7.

Construction of 4 Houses & 4 Bungalows including slight alterations to Number 19 The Street.

The Committee was aware that an Unilateral Undertaking had already been completed to secure a financial contribution towards RAMS of £122.30 per dwelling and a contribution towards providing improved facilities at the nearest play area at Halstead Road.

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 was circulated to the Committee prior to the meeting with details of amendments to the Officer report.

Lucille Cowell, the applicant, spoke in support of the application.

Following discussion by the Committee, it was moved by Councillor McWilliams seconded by Councillor Harris 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 and informatives –

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 plans, drawing numbers 096/1a, 096-2, 096-3, 096/4, 096-5, 096-6, 096/8, 096-9, 096/10, and the documents titled 'Site Location Plan', 'Phase 1 Habitat Survey', 'Great Crested Newt Assessment', 'Arboricultural Report' and 'Planning Statement'.

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

 3    Prior to the first occupation of the development, the proposed road junction at its bell mouth junction with The Street shall be constructed at right angles to the highway boundary and to the existing carriageway as shown in principle in the Proposed Block Plan, drawing no.096/1 to a carriageway width of 5.5 metres straight for at least the first 10 metres with 2 metre width footway on both sides with the proposed footway to connect to the existing footway at its junction with The Street.

Reason - To ensure that all vehicular traffic using the junction may do so in a controlled manner and to provide adequate segregated pedestrian access, in the interests of highway safety.

 4    Prior to first occupation of the development, the access at its centre line shall be provided with a visibility splay with dimensions of 2.4 metres by 43 metres in both directions, as measured from and along the nearside edge of the carriageway. Such vehicular visibility splays shall be provided before the access is first used by vehicular traffic and retained free of obstruction above 600mm at all times.

Reason - To provide adequate inter-visibility between vehicles using the road junction / access and those in the existing public highway in the interest of highway safety.

 5    No unbound materials shall be used in the surface treatment of any  ...  view the full minutes text for item 8.

Proposed 3 bedroom bungalow to land to the side.

It was reported that this application had been referred to the Committee by Councillor Winfield, a local Ward Member, as he considered the proposed development to be contrary to planning policies HG9, HG14, TR1A and that, in addition, the roots of neighbouring mature trees were in danger of being damaged during the construction period.

The Committee was aware that Unilateral Undertakings had already been completed to secure a financial contribution towards RAMS of £122.30 for the one dwelling proposed and a payment towards enhancements to the safety surface at the Hereford Road Play Area.

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 was circulated to the Committee prior to the meeting with details of amendments to the Officer report.

Chris Pitak, a local resident, spoke against the application.

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

James Thomas, the agent acting on behalf of the applicant, spoke in support of the application.

Following discussion by the Committee, it was moved by Councillor Bray seconded by Councillor Alexander 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 reason:-

Contrary to Policy HG14 (i) development would not be appropriate in its setting and would create a cramped appearance.

Proposed detached four bedroom house and associated cart lodge.

The Committee was aware that Unilateral Undertakings had already been completed to secure a financial contribution towards RAMS of £122.30 for the one dwelling proposed and a payment towards the provision of new play equipment at the nearest play area at Bayard’s Recreation Ground, Regents Road, Brightlingsea.

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)     a further letter of objection received together with an Officer response; and

(2)     an amendment to the Officer report.

John Pearce, an agent acting on behalf of a local resident, spoke against the application.

Mark Potter, acting on behalf of the applicant, spoke in support of the application.

Following discussion by the Committee, it was moved by Councillor Alexander, seconded by Councillor Bray 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 and informatives –

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 plans, drawing numbers 01B, 03A, 04A and 05A.

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

3     No development shall take place, including any ground works or demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

     i.   the parking of vehicles of site operatives and visitors

     ii.  loading and unloading of plant and materials

     iii. storage of plant and materials used in constructing the development

     iv. wheel and underbody washing facilities

Reason: To ensure that on-street parking of these vehicles in the adjoining streets does not occur and to ensure that loose materials and spoil are not brought out onto the highway in the interests of highway safety.

4     Prior to the commencement of any above ground works, a scheme of hard and soft landscaping works for the site shall be submitted to and approved, in writing, by the Local Planning Authority. The scheme shall include any proposed changes in ground levels and also accurately identify spread, girth and species of all existing trees, shrubs and hedgerows on the site and indicate any to be retained, together with measures for their protection which shall comply with the recommendations set out in the British Standards Institute publication "BS  ...  view the full minutes text for item 10.

First floor side extension with associated internal alterations.

It was reported that this application had been referred to the Committee as the applicant was an Officer of the Council.

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.

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

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:  MW/02/19 received 5th May 2019.

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

Informative

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns.  As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

Variation of condition 02 of planning permission 17/01790/FUL - To change materials used in construction of garage from brick to render.

It was reported that this application had been referred to the Committee as the applicant was the Council.

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.

Following discussion by the Committee, it was moved by Councillor McWilliams, 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 and informatives –

Conditions and Reasons

1     The development hereby permitted shall be carried out in accordance with the following approved plans, titled 'Location Plan', 'Site Plan'and 'Proposed MUGA Elevation Plan' of planning permission 17/01790/FUL, and drawing numbers GAEWP2-IW-XX-XX-DR-B-SK4 Revision P3 and GAEWP2-IW-XX-XX-DR-B-SK4A Revision P3 of planning permission 19/00320/FUL.

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

2     No floodlighting or other means of external lighting shall be installed at the site except in accordance with details (to include position, height, aiming points, lighting levels and a polar luminous diagram) which shall have previously been submitted to and agreed in writing by the Local Planning Authority. The lighting shall be retained in accordance with the approved details.

Reason - To secure an orderly and well-designed development sympathetic to the character of the area and in the interests of residential amenity.

3     Prior to the first use of any external lighting or floodlighting within the development site, the light source shall be so positioned and shielded, in perpetuity, to ensure that users of the highway are not affected by dazzle and/or glare, in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

Reason - To ensure that users of the highway are not subjected to glare and dazzle from lighting within the development in the interest of highway safety.

4     The proposed development shall not be occupied until such time as the vehicle parking area indicated on the approved plans, including any parking spaces for the mobility impaired, has been hard surfaced, sealed and marked out in parking bays. The vehicle parking area shall be retained in this form at all times. The vehicle parking shall not be used for any purpose other than the parking of vehicles that are related to the use of the development unless otherwise agreed with the Local Planning Authority.

Reason - To ensure that on street parking of vehicles in the adjoining streets does not occur in the interests of highway safety.

5     The Multi-Use Games Area hereby permitted shall not be used for any pre-arranged competitive matches.

Reason - For the avoidance of doubt and due to the fact that no parking facilities are available in this location for vehicles associated with visiting teams.

6     Noise Control -

1) The use of  ...  view the full minutes text for item 12.