Agenda and draft minutes

Venue: The meeting was held remotely in accordance with the provisions of Statutory Instrument 2020/392. The URL for the Live Stream is https://tinyurl.com/y7coy3ju

Contact: Emma Haward or Ian Ford  01255686007 or 01255686584. Email:  democraticservices@tendringdc.gov.uk

Note: You are able to view the meeting via the following link from 6.00 p.m. on Tuesday night. When you use the link there will be a pop up message inviting you to sign into Facebook. However, there is an option to skip that sign in and we would suggest that you do that unless there is a reason why you have to sign in to Facebook. https://tinyurl.com/y7coy3ju Information as to how members of the public can register to speak on a particular planning application can be obtained by emailing democraticservices@tendringdc.gov.uk or telephone (01255 686007 or 686573).  

Items
No. Item

1.

Chairman's Opening Remarks

Minutes:

The Chairman (Councillor John White) introduced and welcomed Members, Officers and members of the public to the meeting/livestream. He stated that as items A.1, A.2 and A.3 of the agenda were deferred items, there would be no public speaking on those applications. He would however allow public speaking on item A.4.

2.

Apologies for Absence and Substitutions

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

Minutes:

There were none.

3.

Minutes of the Last Meeting pdf icon PDF 105 KB

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on Tuesday 10 March 2020.

Minutes:

It was proposed by Councillor Alexander, and seconded by Councillor Bray and:-

 

RESOLVED that the minutes of the meeting of the Committee, held on Tuesday 10 March 2020, be agreed as a correct record and be signed by the Chairman of the Committee.

4.

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 Fowler declared a personal interest in Planning Application 19/00917/OUT – Land to the South of Ramsey Road and East of Mayes Lane due to being a resident in Mayes Lane, Ramsey. She stated that she would withdraw from the meeting at the appropriate juncture and take no part in the consideration of this application or the voting thereon.

 

Councillor Fowler also declared a non-pecuniary interest in Planning Application 20/00136/FUL – 3 Frobisher Road, Dovercourt insofar as she was a Ward Member for Dovercourt All Saints.

 

Councillor Codling declared a non-pecuniary interest in Planning Applications 19/1605/FUL – Clacton County High School and 19/1606/FUL – Tendring Enterprise Centre, Clacton-on-Sea insofar as he was a Ward Member for Bluehouse.

 

Councillor John White declared an interest in Planning Application 19/00917/OUT – Land to the South of Ramsey Road and East of Mayes Lane due to being a former member of LEAP, an alms-house charity, which was an interested party in this application.

 

In response to a question asked by Councillor Alexander, the Assistant Director (Governance) & Monitoring Officer informed Members that they did not need to declare an interest in any application and not take part in proceedings just because they had been ‘lobbied’ by any interested party so long as they were still able to consider that application with an ‘open mind’.

5.

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.

6.

A.1 PLANNING APPLICATION 19/00283/FUL - LAND EAST OF HALSTEAD ROAD, KIRBY CROSS pdf icon PDF 257 KB

Development of 13 dwellings with associated landscaping and infrastructure.

 

Please see below the link to Public Access for this item.  Also inserted is the PowerPoint presentation for the application. 

 

https://idox.tendringdc.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=PN9VK3QB0EL00

Minutes:

Members were aware that this application had been referred to Planning Committee at the request of Councillor Clifton due to his concerns relating to the affordable housing provision, the design and street scene impact, poor layout and density, highway safety and parking. This application site formed part of a larger piece of land stretching from Halstead Road to Buxton Avenue on the northern side of Kirby Cross.

 

Members recalled that this application had been deferred at the January 2020 meeting of the Committee in order to allow negotiations to take place with the applicant with a view to securing amendments to the scheme with respect to plots 1-4 inclusive. Members had requested that those plots be pushed southwards and plots 1 and 2 reduced to bungalows. Members had also requested that a landscaping scheme be provided to the northern boundary of the site.

 

It was reported that to this end the applicant had submitted revised plans indicating that Plots 1 & 2 had been amended to 1 bed bungalows and plots 3 and four had been moved further southwards within the site. A 2.5m high screen fence had now been introduced along part of the northern boundary of the site and additional landscaping had been provided along the northern boundary in the form of hedging and trees. Furthermore, indicative plans demonstrated an affordable housing mix revised to 2 x 1 bed bungalows, 1 x 2 bed houses & 1 x 3 bed houses.

 

In addition, a revised Drainage Strategy and updated vehicle tracking drawings had also been submitted in order to coordinate with the revised layout however there had been no material change to the technical details.

 

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 in respect of the application.

 

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

 

a) Within 6 (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

-           Financial contribution towards Open Space

-           Affordable housing contribution 4 dwellings

 

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 be carried out in accordance with the following approved Drawing Nos:

Drawing Lin22259-11c Amended landscaping proposals  ...  view the full minutes text for item 6.

7.

A.2 PLANNING APPLICATION 19/00917/OUT - LAND TO THE SOUTH OF RAMSEY ROAD AND EAST OF MAYES LANE, RAMSEY pdf icon PDF 350 KB

Outline application for development of 31 dwellings and 10 almshouse type bungalows for older persons and associated open space.

 

Please see below the link to Public Access for this item.  Also inserted is the PowerPoint presentation for the application.  There is a site visit video for this application as well. This is also available to view via the relevant link below. 

 

https://idox.tendringdc.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=PTLVHPQB0KP00

Minutes:

Councillor Fowler had earlier in the meeting declared a personal interest in relation to this application insofar as she was a resident of Mayes Lane, Ramsey. She thereupon withdrew from the meeting and took no part in the consideration of this application or the voting thereon.

 

Councillor White had earlier in the meeting declared an interest in relation to this application insofar as he was a former member of LEAP, an alms-house charity, which was an interested party in this application.

 

Members were aware that this application had been referred to the Planning Committee as the development site was situated outside of any settlement development boundary (SDB), but it was adjacent to the SDB of Dovercourt. The development therefore represented a departure from the saved or emerging local plans.

 

Members recalled that this application had previously been deferred at their request in order to enable an organised Member site visit to take place or if that was not possible for the applicant to supply instead adequate video/photographic evidence of the site and surroundings. Additionally, further information in respect of the method of securing the affordable housing element and details of the alms houses had been requested by Members.

 

To this end a video showing a walkover of the site, the points of access and all internal boundaries had been provided for Members and the public to view via the Planning Portal on the Council’s website. Furthermore, indicative plans of the proposed alms houses had been provided by the applicant.

 

It was reported that information had also been provided by the applicant confirming that the required legal agreement would provide the certainty with construction and conveyance of the 12 affordable housing units (10 alms houses and 2 dwellings). These would be provided prior to occupation of the 16th dwelling on the remainder of the site. No shared ownership was being proposed and the legal agreement would secure transfer to a Registered Social Landlord subject to a restriction on age of occupancy on the alms house element.

 

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 (ML) in respect of the application, which included highlighting a suggested amendment to proposed planning condition no.25 in that electric car charging points would be required to be installed on all properties that would be built as a result of this planning application being approved.

 

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

 

a) Within 6 (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  ...  view the full minutes text for item 7.

8.

A.3 PLANNING APPLICATION 20/00136/FUL - 3 FROBISHER ROAD, DOVERCOURT pdf icon PDF 235 KB

Proposed erection of new three bedroom detached bungalow and garage to part front garden of 3 Frobisher Road.

 

Please see below the links to Public Access for this item.  Also inserted is the PowerPoint presentation for the application.  There are also site visit videos for this application – these are also available to view via the relevant link below. 

 

 https://idox.tendringdc.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=Q4YZSTQB0KP00

 

Minutes:

Councillor Fowler had earlier in the meeting declared a non-pecuniary interest in this application insofar as she was a Ward Member for Dovercourt All Saints.

 

Members were aware that this application had been referred to the Planning Committee at the request of Councillor Jo Henderson due to her perceived concerns about the potential loss of this open, soft landscaped area resulting in a negative impact on the street scene, due to the poor layout and density of the development and the negative impact on neighbouring amenity that would result.

 

Members recalled that this application had previously been deferred at their request in order to enable an organised Member site visit to take place or if that was not possible for the applicant to supply instead adequate video/photographic evidence of the site and surroundings.

 

To this end a video showing a walkover of the site, the points of access and all internal boundaries had been provided for Members and the public to view via the Planning Portal on the Council’s website.

 

The Committee was reminded that the proposed development required a financial contribution toward play space and recreational disturbance. Members were informed that a completed Unilateral Undertaking had now been received securing the required financial contributions.

 

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 in respect of the application.

 

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

 

(1)        How the shared private driveway is to be left in a fully functional repaired/renovated state to a standard accepted by the appropriate statutory authority (including dated photographs of the condition of the road prior to the commencement of development).

 

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

 

1)    Paragraph 8 of the National Planning Policy Framework 2019 (NPPF) sets out the overarching objectives for achieving sustainable development, one being the environmental objective which requires the planning system to contribute to protecting and enhancing our natural, built and historic environment. Paragraph 127 of the NPPF states that planning decisions should ensure that developments add to the overall quality of the area and are sympathetic to local character and history, including the surrounding built environment. Policy QL9 and QL11 of the Tendring District Local Plan (2007) seek to ensure that all new development makes a positive contribution to the quality of the local environment and is of a suitable scale and nature appropriate to the locality. These sentiments are carried forward within Policy SPL3 of the emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft (June 2017).

 

The  ...  view the full minutes text for item 8.

9.

A.4 PLANNING APPLICATIONS - 19/01605/FUL - CLACTON COUNTY HIGH SCHOOL AND 19/01606/FUL TENDRING EDUCATION CENTRE, CLACTON-ON-SEA pdf icon PDF 267 KB

19/01605/FUL - Clacton County High School

The change of use of 1.83 hectares of existing open space land to school playing fields and erection of 2.1m high weldmesh metal fencing along the western boundary of the application site and 2 x 2.1m high pedestrian gates and 1 x 2.1 m vehicular gate (from points A to B as shown on drawing L1463), and demolition of ground maintenance building, and removal of a container at Clacton Leisure Centre, Vista Road, Clacton On Sea.

 

19/01606/FUL – Tendring Enterprise Centre

The change of use of 1.37 hectares of existing school playing fields to open space land, erection of 2.1m high metal fencing along the southern boundary of the application site (from points A to E as shown on drawing L1462), part removal of existing bund and provision of field access for pedestrians at Tendring Educational College, Jaywick Lane, Clacton On Sea.

 

19/01605/FUL

 

https://idox.tendringdc.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=PZXHAHQB07M00

 

19/01606/FUL

 

https://idox.tendringdc.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=PZXHO8QB07M00

Minutes:

Councillor Codling has earlier in the meeting declared a non-pecuniary interest in application 19/01606 insofar as he was a Ward Member for Bluehouse.

 

The Committee was informed that these two planning applications were linked and were necessary in order to secure a school site of adequate size to allow for the expansion of Clacton High School Academy. Essex County Council required confirmation that a school site of adequate size could be created by increasing the size of the campus. The applications were before the Planning Committee due to Tendring District Council’s interest in the two parcels of land in question.

 

It was reported that the proposals included the following:

 

- Change of use of land at Clacton Leisure Centre from public open space to school

playing fields in order to facilitate the creation of additional school playing fields at Clacton High School Academy, which would enable planned expansion of the school, and address deficiencies in school places (Planning Reference 19/01605/FUL); and as a land swap deal

 

- Change of use of school playing fields to public open space at Tendring Education College in order to facilitate the creation of replacement new public open space at Rush Green Playing fields, leaving adequate school grounds (19/01606/FUL).

 

 Members were made aware that further mitigation measures included the following:

 

- A financial contribution by Essex County Council of approximately £910,000 for refurbishments and improvements to Clacton Leisure Centre and the recreation ground, including the refurbishment of the Artificial Grass Pitch and Cricket Nets and improvements to the Clacton Leisure Centre parking area; and

 

- A Joint User Agreement between Essex County Council and Tendring District Council (TDC) in order to ensure the area of land being disposed of would be available to the public for formal booking outside of school hours and also outlining TDC’s commitment to allow the school to continue utilising the all-weather playing pitch at Clacton Leisure Centre.

 

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 recommendations of approval.

 

At the meeting, an oral presentation was made by the Council’s Planning Officer (ML) in respect of the application.

 

Mr Peter Biggs, the agent acting on behalf of the applicant, spoke in support of the applications.

 

Following discussion by the Committee, it was moved by Councillor Bray, seconded by Councillor Placey and unanimously RESOLVED that the Acting Assistant Director (Planning) (or equivalent authorised officer) be authorised to grant planning permission for the developments, subject to:

 

19/01605/FUL - Clacton County High School Walton Road Clacton-On-Sea Essex CO15 6DZ

 

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  ...  view the full minutes text for item 9.