Agenda and minutes

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

There were none.

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on Tuesday 19, January 2020.

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

RESOLVED that the minutes of the last meeting of the Committee held on Tuesday 19 January 2021 be approved as a correct record.

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.

There were none.

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.

Discharge of condition 11 (Traffic Management Plan) of previously approved planning application 20/00194/FUL.

Members were reminded that full planning permission (ref: 20/00194/FUL) had been granted by the Planning Committee in October 2020 for: ‘Proposed erection of 2 No. agricultural buildings for poultry production together with associated infrastructure and a new highway access to Oakley Road’. This permission was made subject to 20 conditions. Condition 11 as agreed and amended by the Planning Committee related specifically to the Traffic Management of all HGV movements and construction vehicles associated with the development, providing certainty of routing through key local junctions.

In accordance with Members’ previous request, the application to discharge condition 11 had been brought to the Planning Committee for its consideration. Importantly, for all HGV and construction traffic associated with the development, there was no ‘right hand turn’ off the A120 proposed. Also, a system of management was in place to ensure that this was enforced.

The Committee was reminded that the principle of the development had been accepted by the granting of the original full planning permission, which had also established the position of the access. The details the subject of this application had been scrutinised by Highways England and ECC Highways, both of whom had offered no objections.

Officers felt that the detailed plans complied with the requirements of Condition 11 and were considered acceptable with no significant material harm to visual or residential amenity, or highway safety.

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 that the Assistant Director (Planning) be authorised to discharge condition 11 (Traffic Management Plan) of the previously approved planning application 20/00194/FUL.

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

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

(1)  An additional letter received from Councillor Bush in relation to the routing into the site via ‘The War Memorial’ Harwich Road/Oakley Road Wix junction. In Councillor Bush’s opinion this route would cause significant material harm for highway safety and was totally unsuitable for HGV movements, with further potential risk of causing damage to the Wix War Memorial and therefore breached paragraph 109 of the NPPF impacting on road safety.

Councillor Bush had also requested more details on how the applicant would manage and monitor other vehicles using this junction and route from Harwich Road and the development site in Oakley Road as this was an area that had a regular bus service, school bus service and adjacent courier/transport facility.

Councillor Bush had concluded, that condition 11 relating to the submission and agreement to a Traffic Management Plan should not be discharged until those significant traffic safety issues were revisited and mitigated against.

The applicant had reviewed this letter and had responded with their explanation of the route chosen, countering Councillor Bush’s claims that this application created ‘significant material harm for highway safety’.

(2)  Within the Executive Summary of  ...  view the full minutes text for item 98.

Erection of an agricultural building to house a straw burning biomass boiler to provide a renewable heating system for the approved poultry farm.

It was reported that this application had been referred to the Planning Committee at the request of Councillor Bush due to his concerns relating to: “the nature of the proposal being a substantial industrial process, rather than a typical agricultural facility; failure to satisfy Policy EN1 in that the design and size of the development would create an adverse visual impact on the surrounding countryside and rural landscape; highway access was unsuitable. If considered acceptable then conditions would be incorporated into the approval to ensure ongoing monitoring of emissions post construction and operation to ensure compliance. Also, to ensure that no associated vehicles carrying straw or other biomass burning materials were transported via Oakley Road, South of All Saints School.”

Members were informed that the proposal involved the installation of a biomass boiler and back up LPG boiler within a new building to beconstructed 10m north of the recently approved two poultry sheds (via application 20/00194/FUL). The host building was of a similar design to the poultry sheds having a typical agricultural building appearance; being of a steel frame construction covered by olive green profiled sheeting. Part of the building (18.6m x 13.3m) had a ridge 2m higher than the poultry sheds, two flues were also proposed that extended 2m beyond the ridge. However, the nearest public views were limited, being over 200m away with few footpaths in the local area providing views of the buildings.

The Committee was made aware that thesite was in a rural locality, between the settlements of Wix and Great Oakley, thoughwithin the parish of Wix. Although set within open countryside, the site was at a position which was not prominent in the landscape. The applicant had demonstrated the proposal would not unduly impact residential amenity, highway safety, drainage capabilities or local ecology. The proposal was in planning terms considered by Officersto be an agricultural use within an agricultural area, supported by the rural diversification policy of Paragraph 83 of the NPPF in particular.

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(TF) in respect of the application.

Councillor Mike Bush, the local Ward Member, spoke against the application.

Ian Pick, the agent 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 unanimously RESOLVED:-

that the Assistant Director (Planning) (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to the following:

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.  ...  view the full minutes text for item 99.

Variation of conditions 1 and 19 of approved application 14/01431/OUT to allow up to 80 residential unit occupations prior to completion of associated highway works and improvements including a new roundabout off the A120 as prescribed by condition 19.

The Chairman informed the Committee that consideration of planning application 20/00385/OUT - Land East of Pond Hall Farm Ramsey Road Ramsey Harwich Essex CO12 5ET had been deferred in order to allow both Ramsey and Parkeston Parish Council and Harwich Town Council to comment on the application.

To consider recommending amendments to Full Council to re-arrange the order of speakers in the Public Speaking Scheme to ensure that the Ward Councillor spoke last on a planning application prior to the Planning Committee’s determination.

Following a referral from the Portfolio Holder Constitution Review Working Party, the Planning Committee were asked to consider amending its Public Speaking Scheme and to re-arrange the order of speakers to ensure that the Ward Councillor spoke last on a planning application at a Planning Committee meeting rather than the Applicant/Developer who was currently listed last under the Committee’s public speaking scheme.

Following detailed discussion by the Committee, it was moved by Councillor White, seconded by Councillor Bray and:-

RESOLVED that the Planning Committee agrees to its Public Speaking Scheme being revised to re-arrange the order of speakers so that the applicant (or their agent or their representative) speaks first after the Officer presentation of the planning application at the Planning Committee’s meeting and are then followed by:-

§  One member of the public who wishes to speak in favour of the application;

§  One member of the public who wishes to speak against the application;

§  A representative of the relevant Parish/Town Council for the application site;

§  All District Councillors for the Ward in which the application site is situated.

For the avoidance of any doubt the Committee confirms that the rights of members of the Executive under the Scheme remain unchanged. In addition, the Committee will undertake a review after six months’ operation of the amended Public Speaking Scheme (Planning Committee).

RECOMMENDED TO COUNCIL that the Planning Committee’s Public Speaking Scheme be amended so that the applicant (or their agent or their representative) speaks first after the Officer presentation of the planning application at the Planning Committee’s meeting.

The Committee is asked to consider passing the following resolution:

“That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of Agenda Item 10 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A, as amended, of the Act.”

RESOLVED thatunder Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of Agenda Item 10 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A, as amended, of the Act.

To confirm as a correct record the exempt minute of the meeting of the Committee held on Tuesday 19 January 2021.

The Exempt Minute of the meeting of the Committee held on Tuesday 19 January 2021 was approved as a correct record.