Venue: Meeting to be held in accordance with provisions of SI 2020/392. Link to live stream will be found here: https://www.tendringdc.gov.uk/livemeetings
Contact: Emma Haward or Ian Ford 01255686007 or 01255686584
Note: The Public will be Excluded from the main part of the Meeting.
Apologies for Absence and Substitutions
The Committee is asked to note any apologies for absence and substitutions received from Members.
Apologies were received from Councillors Casey and Fowler. There were no substitutions.
Declarations of Interest
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.
Exemption of Press and Public
The Committee is asked to consider 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 4 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.”
Following discussion by the Committee, it was proposed by Councillor Bray, seconded by Councillor Alexander and RESOLVED 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 4 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.
Land to the North of St Johns Road Clacton on Sea Public Inquiry - Legal Advice Update
Further update to be circulated prior to the meeting.
This matter had originally been brought before Planning Committee at its previous meeting held on 22nd September, 2020.
At that meeting the Committee had decided not to defend reason for refusal 3 (Loss of Privacy) at the forthcoming Public Inquiry, but had requested that additional consideration be given to defending the highway reasons for refusal, in particular matters relating to junction capacity, assessment of the May 2017 Jacobs study which had informed the Local Plan process, accident data and further consideration of whether adequate visibility splays had been considered.
The Council’s highways consultant Greg Jones (i-Transport) had now updated his previous assessment note, taking into account matters raised by the Committee and this updated note had been circulated to Members prior to the meeting.
Councillor Bray raised particular concerns that although the Committee was advised by Planning Officers, it was not qualified to make a decision on this matter. Lisa Hastings, (Head of Governance and Legal Services), advised Members that they were required to make an informed decision.
Following discussion by the Committee, it was proposed by Councillor Harris, seconded by Councillor Bray and unanimously RESOLVED that -
1. the Planning Committee notes the summary legal advice received from external Counsel and the Councils Highway consultant;
2. in light of the clear legal and highways advice the Planning Committee confirms that it does not wish to continue defending ground 3 of the reasons for refusal (highways);
3. Officers be instructed to work with Counsel to defend the planning appeal on the grounds of reasons 1, 2, 4 and 5; and
4. a member of the Planning Committee gives evidence on behalf of the Committee regarding the grounds of refusal if required.