Agenda and minutes

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

An apology for absence was received from Councillor Placey (with Councillor Smith substituting).

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on Tuesday, 16 January 2024.

It was moved by Councillor M A Cossens, seconded by Councillor Alexander and:-

RESOLVED that the minutes of the last meeting of the Committee, held on Tuesday 16 January 2024, be approved as a correct record and be signed by the Chairman.

Councillors are invited to declare any Disclosable Pecuniary Interests, Other Registerable Interests of Non-Registerable Interests, and the nature of it, in relation to any item on the agenda.

There were no Declarations of Interests made by Members on this occasion.

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

Temporary siting of storage container. (Retrospective application).

Members were informed that this application was before the Planning Committee as the application site was owned by Tendring District Council.

It was reported that the application sought permission for the temporary siting of a storage container on land at the rear of the Coppins Hall Community Centre to store bikes, bike equipment, tools and sports equipment which the charity (Inclusion Ventures) used for community based sessions.

The Committee was advised that the proposal was not considered by Officers to be harmful to the character and appearance of the area and it would not result in any significant impact to neighbouring amenities.

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 Head of Planning & Building Control in respect of the application.

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

(a)    An additional condition and informative in relation to the colour of the container to read as follows:

3          FURTHER APPROVAL: AGREEMENT OF MATERIALS COLOUR FINISH

CONDITION: Within 1 month of the date of approval of this planning permission, details of the external colour finish (suitable paint) to be applied to all the external facing elevations of the container shall be submitted to and approved, in writing, by the Local Planning Authority.  The approved colour shall be applied to all external facing elevations of the container within one month of the date of the approval of the said colour, and retained as one uniform colour on all the external facing elevations for as long as the container is kept on site.

REASON:  To minimise the visual impact of the container on the character and appearance of the area.

Informative - Paint Colour

Due to the current condition of the container, a condition has been imposed for the applicant to paint the container in a uniform colour to minimise its overall impact. It is recommended that the container is painted green to be considered in keeping with the character of the area.

(b)    An amendment to condition 2 to read as follows:

2          COMPLIANCE: TEMPORARY PERMISSION

CONDITION: The development is hereby approved for a temporary period of 3 years from the date of this decision, by which date the container shall be removed in its entirety and the land returned to its original state and use.

REASON: To accord with the requirements of the application, this is secured as temporary permission.  Furthermore, the appearance of the container is not consideredappropriate to warrant the granting of a permanent permission in the interests of preserving the visual amenity of the surrounding area. This temporary permission allows time for an application for a suitable permanent scheme to come forward.

There were no public speakers on this occasion.

Erection of two dwellings. (In lieu of prior approval for the conversion of an agricultural building into two dwellings 23/00549/COUNOT).

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) being located outside of any defined settlement development boundary and that it had an Officer recommendation of approval.

It was reported that one of the proposed dwellings was sited in a slightly different location to the east but remained adjacent to the prior approval building, and was of a very similar size, design, and also retained the same number of bedrooms. Officers were content, therefore, that the proposal would not be harmful to the character and appearance of the surrounding area.

The Committee was told that there were no significant issues in respect to neighbouring amenities, or harm to trees. Essex Highways Authority had raised no objections and there was sufficient space for parking, whilst ECC Ecology had removed their initial holding objection following the submission of additional photographic evidence that the building to be demolished would not have any potential for the roosting of bats.

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 Senior Planning Officer (MP) in respect of the application.

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

(a) for information purposes only, Essex County Council Place Services (Heritage) initial comments, dated 3rd November 2023, were as follows:

“The application is for proposed erection of two dwellings. (in lieu of prior approval for the conversion of an agricultural building into two dwellings 23/00549/COUNOT). A site visit has been carried out in November 2023.

The proposal site is within the setting of Grade II Listed Braham Hall. The existing barn is part of a group of agricultural buildings that have been added to the farmstead in the 20th century and they are not of historic of architectural significance. However, they form an interesting group which includes the proposal site, three brick and concrete storages/stables and a water tank arranged around a yard, and are considered in keeping with the rural character of the setting. The complex of modern agricultural barns contribute to the setting of the designated heritage asset and to our understanding of the significance of Braham Hall as an historic farmhouse.

There is no objection in principle to the demolition of the existing barn to be replaced by two dwellings. However, the proposed dwellings are very residential in character and are not considered to be in keeping with the rural character of the setting of Braham Hall.

The scheme previously submitted with reference 23/00549/COUNOT can overall be considered acceptable as the conversion of an existing barn, which is constrained by the existing structure, and, while  ...  view the full minutes text for item 81.

Proposed modification to access arrangement to allow access to foreshore as result of erosion.

Members were informed that this application had been referred to the Planning Committee as the applicant and owner of the site was Tendring District Council.

It was reported that the application sought a modification to the access arrangement following the planning permission previously granted for this site under reference 21/01450/FUL in October 2021. This was due to ongoing erosion that had impacted that access arrangement. The works were in support of a wider scheme that was fundamentally designed to improve coastal defences and stabilise the coast, and were supported in principle.

The Committee was made aware that ECC Highways had raised no objections, and whilst the works would result in a small level of visual harm to a site within a Coastal Protection Belt, they were essential to ensure public safety. Furthermore, following the submission of additional ecological information, ECC Ecology had raise no objections, and no harm to neighbouring amenities had been identified.

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 Senior Planning Officer (MP) in respect of the application.

An update sheet had been circulated to the Committee prior to the meeting informing it that since the publication of the agenda, Natural England had provided the following additional comments following the completion of a bespoke Habitats Regulation Assessment (HRA) by Officers:

“The bespoke HRA provided does not clearly set out the effects that the proposed modification of the access routes will have on the designated sites. An updated assessment is required to understand on what effects modifying the access routes may have on the foreshore and designated sites.”

Officer response thereto: “While these comments from Natural England are noted, Officers appreciate that the works involved are essentially a minor variation to those previously allowed under reference 21/01450/FUL. The alterations proposed are considered to have a de minimis impact upon the designated site known as Hamford Water RAMSAR, SAC and SPA, and therefore on this occasion it is not considered to be a reasonable approach to provide a further detailed assessment.”

There were no public speakers on this application.

It was moved by Councillor McWilliams, seconded by Councillor Wiggins and:-

RESOLVED that –

(a)    the Head of Planning and Building Control be authorised to grant planning permission, subject to the conditions as stated at paragraph 8.2 of the Officer report (A.3), or varied as is necessary to ensure the wording is enforceable, precise, and reasonable in all other respects, including appropriate updates, so long as the principle of the conditions as referenced is retained; and

(b)    the sending to the applicant of any  ...  view the full minutes text for item 82.