Agenda and draft minutes

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Contact: Katie Sullivan  01255686585

Items
No. Item

82.

Apologies for Absence and Substitutions

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

Minutes:

Apologies for absence were received from Councillor Fowler (with no substitute).

 

83.

Minutes of the Last Meeting pdf icon PDF 183 KB

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on Tuesday 14 January 2020.

Minutes:

The minutes of the last meeting of the Committee, held on Tuesday 14 January 2020, were approved as a correct record and signed by the Chairman.

 

84.

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 Bray declared for the public record in regards to Planning Applications 19/01116/FUL and 19/00981/FUL that he was also a Frinton and Walton Town Councillor, however, he stated that he had not been involved in discussions on the applications at the Town Council and therefore he was not pre-determined.

 

Councillor White declared for the public record in regards to Planning Applications 18/01779/FUL and 19/00610/FUL that he was one of the local Ward Councillors and that he was also a St Osyth Parish Councillor, however, he stated that he had not been involved in discussions on the applications at the Parish Council and therefore he was not pre-determined.

85.

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 questions on notice on this occasion.

86.

A.1 - Planning Application - 18/01779/FUL - 700 St Johns Road & St Johns Nursery Site, Earls Hall Drive, Clacton-on-Sea, CO16 8BJ pdf icon PDF 522 KB

Demolition of nursery buildings and dwellinghouse. Erection 195 residential units (comprising 6 two bed houses, 87 three bed houses, 33 four bed houses, 25 five bed houses, 12 one bedroom apartments and 24 two bedroom apartments), and 8 live work units (mixed commercial units measuring 1064 square metres in total with flats above). Associated roads, open space, drainage, landscaping, and other infrastructure.

Minutes:

Councillor White had earlier declared for the public record in regards to Planning Application 18/01779/FUL that he was one of the local Ward Councillors and that he was also a St Osyth Parish Councillor, however, he had stated that he had not been involved in discussions on the applications at the Parish Council and that therefore he was not pre-determined.

 

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 (GN) in respect of the application.

 

An update sheet had been circulated to the Committee prior to the meeting with details of an updated consultee response received from Tendring District Council’s Housing Department.

 

Ray Crosier, a local resident, spoke against the application.

 

Parish Councillor Sonia Grantham, representing St Osyth Parish Council, spoke against the application.

 

Michael Robinson, the agent on behalf of the applicant, spoke in support of the application.

 

Following discussion by the Committee, it was moved by Councillor McWilliams, seconded by Councillor Bray and RESOLVED that, contrary to the Officer’s recommendation of approval, the Head of Planning (or equivalent authorised officer) be authorised to refuse planning permission for the development due to the following reasons:-

 

  • Backland development out of character with the locality;
  • Adverse Highway impact due to cumulative impact of development; and
  • Adverse impact on amenity of existing and future residents.

·         Together with the lack of a legal agreement to secure the required financial contributions as set out within paragraph 8.1 of the committee report.

 

87.

A.2 - Planning Application - 19/01116/FUL - Land site of former Martello Caravan Park, Kirby Road, Walton-on-the-Naze, CO14 8QP pdf icon PDF 383 KB

Proposed 53no. dwellings and associated landscaping, roads, parking and drainage works.

Minutes:

Councillor Bray had earlier declared for the public record in regards to Planning Application 19/01116/FUL that he was also a Frinton and Walton Town Councillor, however, he had stated that he had not been involved in discussions on the applications at the Town Council and that therefore he was not pre-determined.

 

It was reported that this application had been referred to the Planning Committee at the request of Councillor Miles, the local Ward Member.

 

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 Temporary Planning Team Leader (TF) in respect of the application.

 

Chris Brooke, a local resident, spoke against the application.

 

Councillor Miles, the local Ward Member, spoke against the application.

 

Aaron Slevin, who was representing the applicant, spoke in support of the application.

 

Following discussion by the Committee, it was moved by Councillor Harris, seconded by Councillor Bray and unanimously RESOLVED that the Head of Planning (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to:

 

a)    Within six months of the date of the Committee’s resolution to approve, the completion of a legal agreement under the provisions of Section 106 of the Town and Country Planning Act 1990 dealing with the following matters (where relevant):

 

·         Financial Contribution towards RAMS.

·         Affordable Housing Provision.

·         Viability Review Mechanism.

 

b)    The following conditions:

 

Conditions and Reasons

 

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

          

           Reason - To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

 

2         The development hereby permitted shall not be carried out except in complete accordance with the details shown on the following submitted plans:

          

·         Amended Site Location Plan drawing no. 40974/025

·         Amended Site Layout drawing no.40974/020G

·         Amended Plots 25-28 drawing no. 40974/035

·         Amended Plot type F113-F115-F113 drawing no. 40974/032

·         Amended Plot type F114-F115-F114 drawing no. 40974/013b

·         Amended Plot type F114-F114 drawing no. 40974/011a

·         Amended Plot type F113-F112 drawing no. 40974/010b

·         Amended Plot type F112-F112 drawing no. 40974/08b

·         Amended Plots 29-32 floor plans and elevations drawing no. 40974/005b

·         Amended presentation site layout drawing no. 40974/0024a

·         Amended street scenes drawing no. 40974/023a

·         Amended materials plan drawing no. 40974/022c

·         Amended F113-F114 render drawing no. 40974/034

·         Amended F114-F113 drawing no. 40974/033

·         Amended F114-F114 render drawing no. 40974/014b

·         Amended F113-F112 render drawing no. 40974/012b

·         Amended boundary treatment plan drawing no. 40974/021c

·         Amended F114-F114 hipped drawing no. 40974/031

             

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

 

3         Within 6 months of the commencement of the development hereby approved, a scheme of hard and soft landscaping works for the site, which shall include any proposed changes in ground levels shall have been submitted to and approved in writing by the  ...  view the full minutes text for item 87.

88.

A.3 - Planning Application - 19/00981/FUL - Former Martello Caravan Park, Kirby Road, Walton-on-the-Naze, CO14 8QP pdf icon PDF 197 KB

Proposed re-grading earthworks and associated landscaping and fencing to the permitted open space consented under application 15/01714/FUL.

Minutes:

Councillor Bray had earlier declared for the public record in regards to Planning Application 19/00981/FUL that he was also a Frinton and Walton Town Councillor, however, he had stated that he had not been involved in discussions on the applications at the Town Council and that therefore he was not pre-determined.

 

Members were aware that the application before them was for a proposed re-grading of earthworks and associated landscaping and fencing to the permitted open space consented under planning application 15/01714/FUL.

 

It was reported that this application had been referred to the Planning Committee at the request of Councillor Turner.

 

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 Temporary Planning Team Leader (TF) in respect of the application.

 

An update sheet had been circulated to the Committee prior to the meeting with details of three additional letters of objection.

 

Anna Brooke, a local resident, spoke against the application.

 

Councillor Turner, who had called in the application, spoke against it.

 

Following discussion by the Committee, it was moved by Councillor McWilliams, seconded by Councillor Placey and unanimously RESOLVED that consideration of this application be deferred in order to enable Planning Officers to ascertain the correct plans and the applicant’s intentions.

 

89.

A.4 - Planning Application - 19/01427/FUL - Former Public Conveniences, Frinton Road, Holland-on-Sea, CO15 5DE pdf icon PDF 197 KB

Change of use of former public conveniences to cafe with internal/external seating areas.

Minutes:

It was reported that this application had been referred to the Planning Committee as the land was in the ownership of Tendring District Council.

 

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 Temporary Planning Team Leader (TF) in respect of the application.

 

Councillor King, a local Ward Member, spoke against the application.

 

Councillor Winfield, a local Ward Member, spoke against the application.

 

Following discussion by the Committee, it was moved by Councillor Bray, seconded by Councillor Cawthron and unanimously RESOLVED that the Head of Planning (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to the following Conditions:

 

Conditions and Reasons

 

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

      

       Reason - To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

 

2     The development hereby permitted shall be carried out in accordance with the following approved plans:-  un-numbered floor plans/elevation received 14th October 2019 and 20th December 2019.

      

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

 

3     The use hereby approved shall only take place between the hours of 09:00 and 18:00 Monday to Saturday and 09:00 to 16:00 on Sundays and Bank Holidays.

      

       Reason:  In the interest of local amenity.

 

4     No soil ventilation pipes, air extraction pipes, extractor/mechanical units boiler flues or ducting shall be installed without the proposed details having first been submitted to and approved in writing by the local planning authority.

 

       Reason:  In the interest of local amenity.

 

5     Areas within the curtilage of the site for the purpose of the reception and storage of building materials shall be identified clear of the highway.

      

       Reason - To ensure that appropriate loading / unloading facilities are available to ensure that the highway is not obstructed during the construction period in the interest of highway safety.

 

Informatives

 

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

 

 

 

90.

A.5 - Planning Application - 19/00610/FUL - Land at Oakmead Road, St Osyth, CO16 8NW pdf icon PDF 281 KB

Construction of 4 No detached houses and access road off existing drive.

Minutes:

Councillor White had earlier declared for the public record in regards to Planning Application 19/00610/FUL that he was one of the local Ward Councillors and that he was also a St Osyth Parish Councillor, however, he had stated that he had not been involved in discussions on the applications at the Parish Council and that therefore he was not pre-determined.

 

It was reported that this application had followed on from outline application 16/01611/OUT which had been approved by the Committee at its meeting held on 29 March 2017. At that time, Members had requested that any detailed application be brought to the Committee for determination. The application had originally been submitted as a reserved matters application but due to the reduction in the number of dwellings from the five approved at outline to the four now proposed, the application had had to be dealt with as a full planning application. Although the application type was different, the application was before Members in order to satisfy their previous request that the Committee considered the detailed design of the development.

 

Members recalled that outline application 16/01611/OUT had been approved by Members subject to 15 conditions, including the requirement for the submission of some particulars concurrently with the reserved matters application. Those being; an ecological management scheme and mitigation plan (condition 12), a surface water drainage strategy (condition 14) and a foul water drainage strategy (condition 15). Conditions 14 and 15 had been added by Members in addition to those recommended by officers. Members were informed that as the application had been originally submitted as a reserved matters application, all the information to accord with the conditions imposed on the outline permission accompanied the application before them.

 

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 (AL) in respect of the application.

 

Following discussion by the Committee, it was moved by Councillor Bray, seconded by Councillor Alexander and unanimously RESOLVED that the Head of Planning (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to the following Conditions:

 

Conditions

 

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

        

         Reason - To comply with the requirements of Section 91 of the Town and Country Planning Act 1990, as amended by the Planning and Compulsory Purchase Act 2004.

 

 2      The development hereby permitted shall be carried out in accordance with the following approved plans:  Drawing No. 835/10 E, Drawing 835/11 B, Drawing No. 835/12 A, Drawing No. 835/13 A and Drawing No. 01-19.19.001 - B, Drawing No. 01-19.19.002 - B, Drawing No. 01-19.19.003 – B received 2nd December 2019.

        

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

 

 3      All changes in ground levels, hard landscaping, planting,  ...  view the full minutes text for item 90.

91.

A.6 - Planning Application - 19/01667/FUL - Land to the West of 45 Harwich Road, Lawford, Manningtree, CO11 2LS pdf icon PDF 228 KB

Erection of two dwellings.

Minutes:

It was reported that this application had been referred to the Planning Committee at the request of Councillors G V Guglielmi, V E Guglielmi and Coley, the local Ward Members.

 

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 (AL) in respect of the application.

 

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

 

(1) an amendment to Paragraph 6.21 in the Officer’s report;           

(2) further comment and suggested conditions received from Essex County Council Highway Authority in response to the amended site area plan;

(3) objections received from Lawford Parish Council; and

(4) two additional representations received from local residents in support of the development.

 

Bill Marshall, a resident of the District, spoke in support of the application.

 

Anne Day, a local resident, spoke against the application.

 

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

 

Philip Morphy, the agent 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 Bray and RESOLVED that, contrary to the Officer’s recommendation of approval, the Head of Planning (or equivalent authorised officer) be authorised to refuse planning permission for the development due to the following reasons:

 

·         Overdevelopment of the site; and

·         Out of character.

·         Together with the lack of a legal agreement to secure the required financial contributions as set out within paragraph 8.1 of the committee report if not received within 6 months.