Agenda and minutes

Venue: Committee Room - Town Hall, Station Road, Clacton-on-Sea, CO15 1SE. View directions

Contact: Emma Haward or Keith Durran Email:  democraticservices@tendringdc.gov.uk or Telephone  01255 686007 / 686585

Items
No. Item

44.

Apologies for Absence and Substitutions

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

Minutes:

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

 

45.

Minutes of the Last Meeting pdf icon PDF 459 KB

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on Thursday 1st September 2022.

Minutes:

It was moved by Councillor Baker, seconded by Councillor Alexander and RESOLVED that the minutes of the meeting of the Committee held on 1 September2022 be approved as a correct record, subject to an amendment to Minute 39 so that item 4 in that minute shall read as follows:

“4. Officers are instructed to enter into a Section 106 Agreement to secure financial contributions for RAMS, NHS and open space and if such deed is completed the ground of reason 4 will also not be defended.  The Section 106 Agreement to also include a viability review clause in respect of the affordable housing contribution.”

 

46.

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.

 

Minutes:

Councillor White declared an interest in Planning Application A.1 21/02070/FUL due to his previous connection with the National Grid.

 

47.

Questions on Notice pursuant to Council Procedure Rule 38

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.

Minutes:

There were none on this occasion.

 

48.

A.1 PLANNING APPLICATION 21-02070-FUL LAND ADJACENT TO LAWFORD GRID SUBSTATION, ARDLEIGH ROAD, LITTLE BROMLEY CO11 2QB pdf icon PDF 717 KB

Under Part 3 of the Council’s Scheme of Delegated Powers, Planning Committee clause (vii) the Assistant Director has taken the decision to refer this application to Members due to the wider public interest and the proposal is the first of its kind in Tendring.

 

The application relates to a parcel of land abutting the existing Lawford Grid Substation located to the south of Ardleigh Road / Little Bromley Road, Little Bromley. The application seeks full planning permission for the construction and operation of a 50MW Battery Energy Storage System (BESS) and related infrastructure with associated access, landscaping and drainage.

Minutes:

Councillor White had earlier on in the meeting declared an interest in this applicationdue to his previous connection with the National Grid.

 

It was reported that, under Part 3 of the Council’s Scheme of Delegated Powers, Planning Committee clause (vii) the Assistant Director (Planning) had taken the decision to refer this application to Members due to the wider public interest and given that the proposal was the first of its kind in the Tendring District. 

 

Members were informed that Ardleigh Parish Council and a number of local residents had raised concerns. The majority of those objections related to the development being linked to the East Anglia Green Energy Enablement project (East Anglia GREEN), highway safety and harm to residential amenities from noise and disturbance, together with harm to biodiversity and landscape impact.

The Committee was made aware that the application related to a parcel of land abutting the existing Lawford Grid Substation located to the south of Ardleigh Road / Little Bromley Road, Little Bromley. The application sought full planning permission for the construction and operation of a 50MW Battery Energy Storage System (BESS) and related infrastructure with associated access, landscaping and drainage.

Members were advised that a BESS was referred to by the National Grid as a ‘balancing service’ that will assist the operation of the grid in balancing electrical frequency at times of system stress. BESSs were able to provide flexible backup power to the grid at very short notice and respond rapidly to the short-term variations that were related to local and national energy demand and fluctuations in the output from renewable energy sources.

Concerns had been expressed with regard to the proposal’s relationship with the East Anglia GREEN project. This was a separate proposal by National Grid Electricity Transmission (National Grid) to reinforce the high voltage power network in East Anglia. That project would support the UK’s net zero target through the connection in East Anglia of new low carbon energy generation, and by reinforcing the local transmission network. The reinforcement would comprise mostly overhead lines (including pylons and conductors – the ‘line’ part) and underground cabling through the Dedham Vale Area of Outstanding Natural Beauty (AONB) and a new 400 kV connection substation in the Tendring District.

It was reported that confirmation had been received from National Grid that this development proposal was not associated with the East Anglian GREEN project and was an independent third party applying to build a battery storage facility. This application had been submitted some time ago before the EAG proposals that had been consulted upon had been finalised.

Chapter 14 of the National Planning Policy Framework 2021 (NPPF) directed the planning system to meet the challenge of climate change, flooding and coastal change. Adopted Tendring District Local Plan 2013-2033 and Beyond (TDLP) Section 2 Policy PPL10 dealt with Renewable Energy Generation and Energy Efficiency Measures. Battery Storage Systems were identified within paragraph 7.9.3 of the supporting text of Policy PPL10 as one of the supported technologies aimed at  ...  view the full minutes text for item 48.

49.

A.2 PLANNING APPLICATION 22-00820-FUL TREESTACKS FARM, OAKLEY ROAD, WIX CO11 2SF pdf icon PDF 358 KB

This application has been referred to Planning Committee at the request of Councillor Bush due to concerns relating to the significant increase to this existing industrial farming facility and the lack of economic benefits to the local economy.

 

The application is for an additional three buildings to raise broiler chickens. The site is fully operational (as approved under 20/00194/FUL) with an office building and two other buildings for a biomass boiler and straw storage along with a caravan for agricultural workers home (temporary permission given for a 3 year period). The highways access is completed and a significant amount of planting has been undertaken to screen the site from views in the surrounding countryside.

Minutes:

It was reported that this application had been referred to Planning Committee at the request of Councillor Bush due to his concerns relating to the significant increase to this existing industrial farming facility and the perceived lack of economic benefits to the local economy.

Members were made aware that this application was for an additional three buildings to raise broiler chickens. The site was fully operational (as approved under 20/00194/FUL) with an office building and two other buildings for a biomass boiler and straw storage along with a caravan for an agricultural workers’ home (temporary permission given for a 3 year period). The highways access had been completed and a significant amount of planting had been undertaken to screen the site from views in the surrounding countryside.

The proposed buildings would be of an identical design to the two currently in situ and would have a typical agricultural building appearance, being of a steel portal construction covered by olive green coloured polyester coated profiled sheeting except for the plinth to the walls, of pre-formed concrete.

The Committee was informed that the site was in a rural locality, between the settlements of Wix and Great Oakley, and within the Parish of Wix. Although set within open countryside, the site was at a position which was not prominent in the landscape and the proposals included landscaping mitigation works as well as biodiversity enhancements. The proposal was in planning terms considered by Officers to be an agricultural use within an agricultural 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 Officer (Amy Lang) in respect of the application.

 

An update sheet had been circulated to the Committee prior to the meeting with details of one additional objection letter received via email from Mr Bob.

 

Ian Pick, the agent acting on behalf of the applicant, spoke in support of the application.

 

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

 

Matters raised by Members of the Committee:-

Officer’s response thereto:-

Confirm that the economic benefit in terms of employment is just 1 person?

1 extra employee is correct.

Confirm the number of objectors, is it 1 member of the public and an objection from Wix Parish Council?

That would be correct.

Confirm whether in 12 months that this has been operational, that there have been any complaints from Wix Parish Council or members of the public with regards to issues with traffic or HGV?

I can only confirm that we in the Planning Department haven’t received any complaints. That is not confirm there hasn’t been any that may have gone to Environmental Health or Essex County Highways.

Do Highways have any issues with route for straw tractors?

In terms of the Highways comments they have not objected to any part of the additional operation and that would’ve  ...  view the full minutes text for item 49.

50.

A.3 PLANNING APPLICATION 21/02176/FUL – LAND AT MOORLANDS FARM, GREAT BENTLEY CO7 8RS pdf icon PDF 561 KB

The site is in a rural locality and within the sustainable settlement of Great Bentley and proposes 26 Dwellings similar in design and layout to adjacent development.

Minutes:

It was reported that this site was in a rural locality and within the sustainable settlement of Great Bentley and proposed 26 Dwellings similar in design and layout to adjacent development.

 

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 (John Pateman-Gee) in respect of the application.

 

Emma Walker, the agent acting on behalf of the applicant, spoke in support of the application.

 

Karen Squires, a local resident, spoke against the application.

 

Parish Councillor Peter Harry, representing Great Bentley Parish Council, spoke against the application.

 

Councillor Lynda McWilliams, a local Ward Member, spoke against the application.

 

Matters raised by Members of the Committee:-

Officer’s response thereto:-

If that change regarding the open space is refused because we think it should stay as open space this application cannot go ahead?

That would be the risk the applicant would take at this time.

Was that from an application that was granted by this Council or was S106 laid down by a Planning Inspector?

To confirm that was Council approval.

Confirmation that, due to apartment block to the south of the site, will those on admiral green estate have site of the village green? 

Views are possible but could be restricted to a certain degree.

Is it correct that there is a general presumption in favour of new development, if this committee is mindful to refuse this application what would be the impact on a possible appeal?

That would depend on what reasons you put forward to refuse the item. My advice to you would be that principle of development would be a difficult matter to defend but ultimately you would be looking at actual planning harm as a consequence of the development and what would that be in accordance with your other policies within the Local Plan that do draw out  Planning considerations for consideration.

So policy SPL1 managing growth, Great Bentley is described here as a rural service centre. Rural service centres in our plan says some of these villages will accommodate a modest increase in housing where appropriate developments will be  of the scale that is proportionate, achievable and sustainable for each of the settlements concerned having regard to the existing size and character  of each settlement. Does that meet the test of that statement in our new policy?

Yes, in context of the specific location of this site and the context of the development to the north of it. There are other parts that have been examined not that far away from this site that are more prominent and I would say would fail that particular test because of the impact specifically of the characteristics of the existing village that are more obvious and intrusive. This in my opinion would not be intrusive in that context. In terms of the village itself, if I  ...  view the full minutes text for item 50.

51.

Exclusion of Press and Public

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 9 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.”

Minutes:

It was RESOLVED that under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during the consideration of Agenda Item 9 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.

 

52.

Exempt Minute of the Meeting held on Thursday 1 September 2022

To confirm and sign as a correct record the exempt minute of the meeting of the Committee held on Thursday 1 September 2022. 

Minutes:

It was moved by Councillor Baker, seconded by Councillor Alexander and RESOLVED that the exempt minute of the meeting of the Committee held on 1 September2022 be approved as a correct record subject to an amendment to Minute 39 so that item 4 in that minute shall read as follows:

“4. Officers are instructed to enter into a Section 106 Agreement to secure financial contributions for RAMS, NHS and open space and if such deed is completed the ground of reason 4 will also not be defended.  The s106 Agreement to also include a viability review clause in respect of the affordable housing contribution.”