Agenda and minutes

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

Contact: Ian Ford or Keith Durran Email:  democraticservices@tendringdc.gov.uk or Telephone  01255 686584 / 686585

Items
No. Item

70.

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 (notices of substitution) submitted but it was noted that Councillor Codling was absent on this occasion.

71.

Minutes of the Last Meeting pdf icon PDF 346 KB

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on Thursday 24 November 2022.

Minutes:

The minutes of the last meeting of the Committee, held on 24 November 2002, were approved as a correct record and signed by the Chairman.

72.

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:

Members of the Committee declared that they had received “lobbying” material by email from Ardleigh Parish Council in relation to Planning Application 22/00467/DETAIL (report item A.2).

 

Councillor Wiggins stated for the public record that she was a Ward Member for Planning Application 22/00688/FUL (report item A.3). She confirmed, however, that she was not pre-determined on this application and that therefore she would take part in the Committee’s deliberations on this matter.

 

The Chairman stated for the public record that the Council regularly hired Tendring Travel, who were the applicants for Planning Application 22/00854/FUL (report item A.4), to transport the Members of the Planning Committee on their site visits.

73.

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 no such Questions on Notice submitted by Councillors on this occasion.

74.

Report A.1 Planning Application - 21 01891 FUL - Broadfields, Primrose Hill, Wrabness pdf icon PDF 373 KB

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.

 

Minutes:

Members were informed 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) it being located outside of any defined settlement development boundary.

 

It was reported that this application sought full planning permission for the change of use of the former forge building to a one bedroom dwelling with parking and private amenity space. Officers were content that, subject to the imposition of reasonable planning conditions and the completed unilateral undertaking, that the change of use on the site was acceptable. The proposal was considered to be in keeping with the site’s rural location on the edge of Wrabness; provided ecological mitigation measures and enhancements; would not result in any material harm to designated landscapes or have any detrimental impact on neighbour amenity; and there were no concerns raised in regards to parking and highway matters. Furthermore, Officers felt that the new dwelling would contribute to the generation of renewable energy for sustainable living through solar panels and an air source heat pump.

 

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 (Alison Pope) in respect of the application.

 

Bill Marshall, a member of the public, spoke on the application.

 

Outline of matters raised by the Committee

Outline of the Officer response thereto

Is this application a departure from the Local Plan?

Yes, it is outside the Settlement Development Boundary but the Council can also take into account the NPPF for guidance e.g. its encouragement for the re-use of redundant rural buildings if such re-use would enhance the local setting.

Referencing the flooding in the road – is this site in the flood plain?

The site is not within Flood Zones 2 or 3 so there was no requirement for a Flood Risk Assessment to be submitted with the application.

Do neighbouring properties have any planning permissions?

Yes.

Will this dwelling be attached to the main sewerage system?

Yes.

Referencing the Members’ Referral Scheme – if a Ward Member was in favour of the application could they “call it in” if the Planning Officers were not in favour?

Yes, a Member can “call-in” an application regardless of the Planning Officer’s recommendation. Though if the Member and the Officer coincided in their opinion then the member would be asked whether they still wished to proceed with the “call-in”.

Can we have an assurance that if this application is approved then there will not be any further applications for development on this site?

That assurance cannot be given. Though if any further applications came forward for this site then they would be considered on their planning merits.

Are they any proposed conditions to  ...  view the full minutes text for item 74.

75.

Report A.2 - Planning Application - 22-00467 - DETAIL - Land north of Bromley Road, Ardleigh pdf icon PDF 351 KB

The application is brought to Committee at the request of the Planning Manager. The site is outside the Settlement Development Boundary of Ardleigh, within close proximity to the area designated for the new Tendring and Colchester Garden Community and therefore there is a high level of public interest in the site along with a number of objections made to the outline permission including the Parish Council, to warrant a Committee referral as the recommendation is of Approval.

Additional documents:

Minutes:

Earlier on in the meeting as reported under Minute 72 above, members of the Committee had declared that they had received “lobbying” material by email from Ardleigh Parish Council in relation to this planning application.

 

It was reported that this application had been brought to the Committee, at the request of the Planning Manager, as the site lay outside the Settlement Development Boundary of Ardleigh within close proximity to the area designated for the new Tendring and Colchester Garden Community. There was a high level of public interest in the site as had been shown by the number of objections submitted regarding the original outline application (including from Ardleigh Parish Council).

 

Members were informed that this application related to a parcel of land on the northern site of Bromley Road in the small rural settlement of Crockleford Heath. The site was closely connected to the settlement and the district boundary with Colchester to the west. Adjacent to the site to the east was a development for four dwellings currently under construction, which had been granted planning permission under planning application reference 17/02190/OUT, as had been allowed on appeal (reference APP/P1560/W/18/3200898). To the south of the site lay another development currently under construction for 145 dwellings, planning reference 17/00859/OUT, which had also been allowed on appeal (reference APP/P1560/W/17/3185776).

 

The Committee was made aware that outline planning permission for four detached dwellings considering access only, on this application site had been approved on 4th February 2022 under application reference 21/01481/OUT. The application now before the Committee sought permission for the reserved matters of the above outline application in respect to scale, layout, landscape and appearance. Revised drawings had been submitted during the course of the application along with an updated Ecology Assessment and a Flood Risk Assessment, and, on balance, the application was considered by Officers to be acceptable in terms of the design, scale, appearance and layout. The proposal was not considered by Officers to have a detrimental impact on neighbour amenity and there were no concerns raised by them in regards to parking and highway matters or flood risk.

 

Subject to the necessary planning conditions, the proposal was considered by Officers to protect and enhance the biodiversity of the site, along with acceptable tree retention and tree planting, a new hedgerow and a satisfactory soft landscaping scheme.

 

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 Director (Planning)(Gary Guiver) in respect of the application. An update sheet had been circulated to the Committee prior to the meeting with details of a further letter of objection as follows:-

 

“1.   It is in conflict to the Adopted Section 2 Local Plan 2013-2033;

 

2.    The development site is 2.7Km from the Ardleigh Settlement Development Boundary, thus classed as Countryside.

 

3.    It should be combined to make a major  ...  view the full minutes text for item 75.

76.

Report A.3 - Planning Application - 22-00688-FUL - Farmland to north of Glendenning, Tenpenny Hill, Thorrington pdf icon PDF 342 KB

The application is put before 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) being located outside of any settlement development boundary, and is recommended for approval.

Minutes:

Earlier on in the meeting as reported under Minute 72 above, Councillor Wiggins had stated for the public record that she was a Ward Member for Planning Application 22/00688/FUL (report item A.3). She had confirmed, however, that she was not pre-determined on this application and that therefore she would take part in the Committee’s deliberations on this matter.

 

Members were made aware that this application had been brought before 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 settlement development boundary.

 

It was reported that the proposed dwelling was broadly similar in height, overall scale and footprint compared to the development approved under application 21/02133/COUNOT.

 

In the absence of any material harm resulting from the development in regards to its individual appearance, its impact on the wider streetscene, its impact on the character of the rural landscape, its impact on neighbours in regards to amenity and the parking provision, the application was recommended by Officers for approval.

 

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.

 

Peter Le Grys, the applicant’s agent, spoke in favour of the application.

 

Bill Marshall, a member of the public, spoke on the application.

 

Outline of matters raised by the Committee

Outline of the Officer response thereto

Clarify the change in floorspace.

Under the prior approval the floorspace was 93m squared.

Under this proposal the floorspace was 104m squared.

Is the proposed condition regarding cycle parking necessary given the size of the application site?

This is a standard highways condition for all new dwellings but it could be foregone on this occasion.

Concern raised with the condition of the access road – state of the grass and mud.

A planning condition relating to the surfacing of the access road could be added.

How will the open land beside the access road be protected?

The “red line” on the application site plan does not include that land so any chnages to that land would need to be the subject of a further planning application.

 

Following discussion by the Committee:-

 

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

 

RESOLVED that the Planning Manager be authorised to grant planning permission, subject to 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 Planning Manager:-

 

Conditions and Reasons

 

1     The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason -  ...  view the full minutes text for item 76.

77.

Report A.4 - Planning Application 22 00854 FUL - Valley Farm, Golden Lane, Thorpe-le-Soken pdf icon PDF 440 KB

The application is before Members at the request of the Planning Manager. The application relates to one-half of a former agricultural building and areas of hardstanding to the rear of the site at Valley Farm, Golden Lane, Thorpe-le-Soken. The site under consideration benefits from planning permission under 17/00778/COUNOT for B8 use.

 

Minutes:

Earlier on in the meeting, as reported under Minute 72 above, the Chairman had stated for the public record that the Council regularly hired Tendring Travel, who were the applicants for Planning Application 22/00854/FUL (report item A.4), to transport the Members of the Planning Committee on their site visits.

 

The Committee was informed that this application was before it at the request of the Planning Manager. The application related to one-half of a former agricultural building and areas of hardstanding to the rear of the site at Valley Farm, Golden Lane, Thorpe-le-Soken. The site under consideration benefited from planning permission under 17/00778/COUNOT for B8 use.

 

It was reported that this application sought retrospective planning permission for the change of use to a bus depot (sui generis) with associated workshop and hardstanding. The site had been occupied and operating as Tendring Travel since August 2017. The application also proposed new hedgerow and tree planting on top of the existing bunding along the north and east boundaries, in combination with the existing hedgerow along the western boundary.

 

Members were advised that access was achieved via a 7m wide private entry and exit off Golden Lane to the south of the site. The site was predominantly used for the storage of vehicles when they were not in use but also provided a workshop for maintenance and repairs to be carried out on site. Vehicles were parked on an area of hardstanding to the rear (north) of the building, whilst the workshop was housed within the building itself.

 

The Committee was made aware that this application followed a previous refusal in 2017 under planning application reference 17/02146/FUL. That application had been refused due to the detrimental impact upon the rural character of the area and highway safety. The applicant had not appealed the Council’s decision.

 

Officers reported that this current application sought to address the previous reasons for refusal by the inclusion of a Landscape and Visual Appraisal which had informed a proposed landscaping scheme for the site and the preparation of a Transport Statement which had addressed and responded to all the requirements outlined by the Highways Officer. That additional information and proposed mitigation scheme was considered by Officers to address the previous reasons for refusal and Officers had also considered the up to date development plan position. No objections had been received from consultees in regards to landscape impact or highway safety. The application was recommended for approval by Officers, subject to conditions securing the necessary mitigation and enhancement measures.

 

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 comprising:-

 

“Point of Clarification:

 

For clarity, the applicant is Tendring Travel. As set out at paragraph 9.12 of  ...  view the full minutes text for item 77.

78.

Report A.5 - Planning Application - 22 01548 ADV - Land Adjacent to Lotus Way and Brooklands, Jaywick Sands pdf icon PDF 308 KB

This application is for the consent to display advertisement on a new commercial building within Jaywick and is brought to Planning Committee as the applicant is Tendring District Council.

 

Minutes:

The Committee was informed that this application was before it as the applicant was Tendring District Council. The application sought consent to display advertisement on a new commercial building within Jaywick Sands.

 

Members were informed that the new signage would display the name of the new building and would not be illuminated.

 

It was reported that the amount, design and siting of the signage was considered by Officers to be appropriate to the existing building and area and would not result in a loss of amenities to neighbouring properties.

 

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 (Alison Pope) in respect of the application.

 

Barbara Pole, Economic Growth & Enterprise Manager, representing the applicant (Tendring District Council), spoke in support of the application.

 

Following discussion by the Committee:-

 

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

 

RESOLVED that the Planning Manager be authorised to grant planning permission, subject to 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 Planning Manager.

 

Conditions and Reasons

 

1.   All advertisement consents are subject to five standard conditions specified in Schedule 2 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 which are as follows:-

 

·      No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

 

·      No advertisement shall be sited or displayed so as to:-

 

(a)   endanger persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or military);

(b)   obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by water or air; or

(c)   hinder the operation of any device used for the purpose of security or surveillance or for measuring the speed of any vehicle.

 

·      Any advertisement displayed, and any site used for the display of advertisements, shall be maintained in a condition that does not impair the visual amenity of the site.

 

·      Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a condition that does not endanger the public.

 

·      Where an advertisement is required under these Regulations to be removed, the site shall be left in a condition that does not endanger the public or impair visual amenity.

 

·      Additionally, all advertisement consents are for a fixed term of 5 years unless this period is varied on the formal decision notice.

 

2.   The development hereby permitted shall be carried out in accordance with the following approved plan: 182_HAT_PL_500 P1, received 13th September 2022.

 

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