Agenda and minutes

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

An apology for absence was submitted on behalf of the Vice-Chairman of the Committee (Councillor Fowler). There was no substitute appointed.

At the request of the Chairman (Councillor White), and with the consent of the Committee, Councillor Baker occupied the Vice-Chairman’s seat in order to assist the Chairman in the efficient conduct of the meeting.

To confirm and sign as correct records, the minutes of the meetings of the Committee, held on Thursday 22 September 2022 and Tuesday 27 September 2022.

The minutes of the meetings of the Committee, held on 22 and 27 September 2022, were approved as correct records 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.

Councillors Placey and V E Guglielmi both reminded Members that they had not been present at the meeting of the Committee held on 2 August 2022 when Planning Application 22/01083/FUL (618 Main Road, Upper Dovercourt) had initially been considered. They informed the meeting that they would therefore not take part in the determination of that application.

The Committee Services Manager (Ian Ford) declared a personal interest in agenda item 8 (petition in relation to an alleged planning enforcement matter at Nelson Road, Clacton-on-Sea) insofar as his mother was a resident of Nelson Road though she had not been a signatory to that petition.

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 District of Tendring and which falls within the terms of reference of the Committee.

There were no such Questions on Notice on this occasion.

The application has returned to Committee after being deferred from the meeting of the Planning Committee on 2 August 2022, to allow the applicant time to undertake and submit a noise impact assessment and noise management plan for the premises.  

Earlier on in the meeting Councillors Placey and V E Guglielmi had both reminded Members that they had not been present at the meeting of the Committee held on 2 August 2022 when Planning Application 22/01083/FUL (618 Main Road, Upper Dovercourt) had initially been considered. They therefore took no part in the determination of the application.

The Committee recalled that it had deferred the determination of this application at its meeting held on 2 August 2022 in order to allow the applicant time to undertake and submit a noise impact assessment and noise management plan for the premises.  

It was reported that the submitted report DAA Group, ISSUE 01 dated 10^th September 2022 had covered both the noise impact assessment and the noise management plan.   There had been no objections received from the Council’s Environmental Health Team to the report or plan subject to conditions to ensure that the enforceable and planning related elements of the noise management plan was adhered to at all times and that the recommended mitigation for the plant was undertaken, in order to minimise the noise and disturbance to neighbouring occupiers. 

Members were reminded that the proposal was for the change of use of the redundant Methodist Church and Hall (Class F1) to a Members only community social club, comprising of a bar area for darts and pool within the main church building and a community/function events use of the rear hall.  The site was located within the settlement development boundary of Harwich and Dovercourt

The Committee was aware that the application was part retrospective as the majority of the works, mostly internal had been completed.  ECC Place Services had had no concerns regarding the conversion or its impact on the neighbouring Grade II Listed Public House, The Trafalgar.  Given its current use as a Church and function hall, its sustainable location, along with its local community membership use, the proposal was also acceptable in regards to its Highways and Parking impacts.

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 (Jacob Jaarsma) in respect of the application. An update sheet had been circulated to the Committee prior to the meeting comprising:-

(1)    a revised proposed condition 3 to take into account specific elements of the submitted noise management plan and to ensure that those elements were implemented in full before first use; and

(2)    the applicant’s Operation Plan (dated 7 September 2022) for the premises.

No public speaking on the application was permitted at this time as this had taken place at the meeting held on 2 August 2022.

To formally report the receipt of a petition submitted in relation to an alleged Planning Enforcement Matter in Nelson Road, Clacton-on-Sea.

Earlier on in the meeting the Committee Services Manager (Ian Ford) had declared a personal interest in the subject matter of this item for the reasons outlined in Minute 55 above.

It was reported that a Petition, supported by 60 residents of Nelson Road, Clacton-on-Sea (plus 33 residents of other streets in Clacton), had been submitted in relation to an alleged planning enforcement matter in that street. The Petition called on this Council to urgently exercise its planning enforcement powers and to serve a Breach of Condition Notice on Lane Homes Construction Group for the alleged non-compliance with planning permission for the construction of nine ‘Town Houses’ at 6 Nelson Road, namely the alleged failure to make good the unmade pavement and drop kerbs. The Petition was worded as follows:-

“We, the under-signed, being concerned residents of Nelson Road, Clacton-on-Sea who are directly affected by the issue of the unmade pavement and drop kerbs, call on Tendring District Council, to urgently exercise its planning enforcement powers and to serve a Breach of Condition Notice on Lane Homes Construction Group in order to ensure that the contractor responsible for the nine new build houses makes good the unmade pavement and drop kerbs in Nelson Road that are required by the planning permission for this site.”

Planning Enforcement was a non-executive function and therefore the Planning Committee was the appropriate body to consider this matter.

The Committee was made aware that, in accordance with the Council’s adopted Scheme for Dealing with Petitions, the receipt of this Petition would be reported, for Members’ information, to the meeting of the Full Council due to be held on 22 November 2022. However, in view of the urgency of this matter, it had been felt appropriate by Officers to bring this petition to the first practicable meeting of this Committee for Members’ consideration.

In accordance with the Council’s adopted Scheme for Dealing with Petitions, the Lead Petitioner, Maria Monteith addressed the Committee, and outlined the reasons for the submission of the petition and what action the petitioners wanted the Council to take.

At the invitation of the Chairman, Councillor Griffiths, one of the Ward Members, similarly addressed the Committee.

The Acting Director (Planning) reported that, on 13 July 2022, Essex County Council had confirmed that the pavement issues and related highway matters subject to the Petition all fell under their jurisdiction and that they were liaising with the developer in that respect. Matters relating to dropped kerbs were outside of the curtilage, which formed the boundary of the site, and therefore not covered by planning conditions. In conclusion, the works were not subject to conditions that could be enforced as a breach of condition and were works in the highway that fell to Essex County Council to resolve and as necessary to enforce.  Tendring District Council could not legally address the situation as presented and did not have any enforcement power it could exercise.  Tendring District Council had respectfully asked Essex County Council to resolve this  ...  view the full minutes text for item 58.

The application is before the Planning Committee following a joint call-in request from Councillor Giancarlo Guglielmi and Councillor Alan Coley due to concerns raised in respect of the impact of the proposal on residential amenities.

It was reported that this application was before the Planning Committee following a joint Member referral request from Councillors Giancarlo Guglielmi and Alan Coley due to their concerns raised in respect of the impact of the proposal on local residential amenities.

Members were informed that the proposal was for the change of use of the existing residential dwelling into Use Class C2 (Residential Institutions) to operate as a children’s care home that would provide care for up to five children between the ages of 8 and 18, and would include between one and three members of staff who would rotate on a shift basis.

The Committee was reminded that Policy LP10 provided, in principle, support for such uses within settlement development boundaries, whilst the minor external alterations would not adversely impact upon the area’s character and appearance. In addition, there were not considered by Officers to be significant noise disturbances to warrant recommending a reason for refusal, and the development provided for adequate car parking 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 Officer (Michael Pingram) 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 from Lawford Parish Council on the following grounds:

1)  Concerns regarding the level of staffing and the impact of this on the safety of the children concerned;

2)  The mixture of gender and age of the children and again the safety of the children concerned;

3)  The impact on the neighbours with increased ‘comings and goings’; and

4)  The pressure on local schools which are already at capacity.

Lee Reed, the agent acting on behalf of the applicant, spoke in support of the application.

Councillor Carlo Guglielmi, a local Ward Member, spoke against the application.

Councillor Guglielmi also read out a written statement on behalf of his fellow Ward Member, Councillor Alan Coley, who had been unable to attend the meeting due to illness.

The application is referred to Planning Committee as the proposed development would conflict with the requirements of the Development Plan, principally Policy SPL2 (Settlement Development Boundaries) of the Tendring District Local Plan 2013-2033 and Beyond Section 2 (adopted January 2022) being located outside of any defined settlement development boundary, and has a recommendation of approval.

It was reported that this application had been referred to the Planning Committee as the proposed development would conflict with the requirements of the Development Plan, principally Policy SPL2 (Settlement Development Boundaries) of the Tendring District Local Plan 2013-2033 and Beyond Section 2 (adopted January 2022) as the site was located outside of any defined settlement development boundary, and it had an Officer recommendation of approval.

The Committee was informed that the proposed dwelling was not considered to be so materially different in regards to siting, height, footprint to the development approved under prior approval 22/00517/COUNOT and was similar in size, scale and appearance to the new dwellings approved within the wider site.

In the absence of any material harm resulting from the development in regards to its individual appearance, impact on the wider street scene and the character and appearance of the rural landscape, the application had been recommended by Officers for approval.  Furthermore, the proposal would not result in any detrimental impact on neighbour amenity and there no concerns had been raised in regard to parking and highway matters.

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 (Jacob Jaarsma) in respect of the application. He informed Members that the required Unilateral Undertaking agreement had now been completed.

Mollie Foley, the agent acting on behalf of the applicant, spoke in support of the application.

Following discussion by the Committee:-

It was moved by Councillor Harris, seconded by Councillor Alexander and:-

RESOLVED that the Assistant Director (Planning) (or otherwise delegated Officer after 26 October 2022) be authorised to grant planning permission, subject to a financial contribution towards RAMS, the conditions as set out below, or as need to be varied (to account for any errors or legal issues et cetera) or otherwise added or removed as may be deemed necessary by the Assistant Director  ...  view the full minutes text for item 60.