Agenda and draft minutes

Venue: Meeting will be held in accordance with the provisions of SI 2020/392. Link to the live stream is found here: https://www.tendringdc.gov.uk/livemeetings

Contact: Ian Ford  01255 686584

Note: Link to the live stream is found here: https://www.tendringdc.gov.uk/livemeetings 

Items
No. Item

11.

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 submitted on behalf of Councillor S A Honeywood (with Councillor Chittock substituting) and Councillor Joy Broderick (with Councillor Colin Winfield substituting).

 

12.

Minutes of the Last Meeting pdf icon PDF 188 KB

To confirm as a correct record, the minutes of the meeting of the Committee, held on Monday 8 June 2020.

Minutes:

It was RESOLVED that the Minutes of the last meeting of the Committee held on 8 June 2020 be approved as a correct record.

13.

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 C Guglielmi declared an interest in relation to Agenda Item 7 – Report A.1- Section 1 Local Plan: Planning Inspector's Post-Hearing Letter and in relation to Agenda Item 8 – Report A.2 - Colchester Tendring Borders Garden Community - Development Plan Document as he was an alternate director for the NEGC.

 

14.

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:

On this occasion no Councillor had submitted notice of a question.

15.

Public Speaking pdf icon PDF 142 KB

The Council’s Public Speaking Scheme for the Planning Policy & Local Plan Committee gives the opportunity for members of the public and other interested parties/stakeholders to speak to the Council’s elected members on the Planning Policy & Local Plan Committee on any specific agenda item to be considered at that public meeting.

Minutes:

Keith Boddington submitted a question in relation to item agenda A.1 in which he asked:-

 

“How can Tendring District Council enter into any future agreement over a proposed new garden city with Colchester Borough Council who are prepared to let NEGC Limited be liquidated at vast expense thus reducing any clawback of the one eighth of £8 million contribution made by Tendring taxpayers so far?”

 

The Chairman of the Committee (Councillor Turner) replied as follows:-

 

“Many thanks to Mr. Boddington for his question and I apologise that my answer will be very short. 

 

The remit of this particular Committee is only to oversee the preparation of the Local Plan and other related planning documents. However, I can inform Mr. Boddington that the future of NEGC Ltd. will be the subject of consideration by the Council’s Cabinet on 24th July and a report containing more details will be published this week.

 

I can also say that the future of NEGC Ltd. is something being considered jointly by the North Essex Authorities as well as by Essex County Council and the recommendations to Members of all four Councils will be consistent.

 

Irrespective of what happens with NEGC Ltd., the Planning Inspector has given the green light to the Tendring Colchester Borders Garden Community, which is part of the NEGC – a development that will bring mutual benefits and mutual opportunities for Colchester and Tendring and it will be in both Councils interest to work together constructively to prepare the planning framework for the scheme, get the link road and rapid transit system in place and deliver a new community that embraces the garden city principles.”  

 

Bill Marshall made statements in relation to items A.1 A.2 and A.4 of the agenda:-

 

In relation to the report of Corporate Director (Place & Economy) - A.1 - Section 1 Local Plan: Planning Inspector's Post-Hearing Letter Bill Marshall stated that:-

 

He called into question the soundness on the Colchester and Tendring Garden Community proposal and suggested The Council should “cut its losses” and moves on to an alternate housing solution.

 

In relation to the report of Corporate Director (Place & Economy) – A.2 - Colchester Tendring Borders Garden Community - Development Plan Document Bill Marshall stated that:-

 

The public consultation in 2019 was not adequate and suggested that the next consultation be made available to all residents with in Tendring District.

 

In relation to the report of Corporate Director (Place & Economy) – A.4 - Amendments to Policy PPL10: Renewable Energy generation and Energy Efficiency Measures Bill Marshall stated that:-

 

He believed that the proposed amendments to the policy PPL10 would burden property developers in supply affordable housing due to the cost that would be incurred delivering to these standards.

 

 

16.

Report of Corporate Director (Place & Economy) - A.1 - Section 1 Local Plan: Planning Inspector's Post-Hearing Letter pdf icon PDF 199 KB

a)    To report the findings of the Local Plan Inspector as to the legal compliance and ‘soundness’ of the Section 1 Local Plan for North Essex following the further examination hearings of January 2020 and receipt of his latest letter dated 15 May 2020. 

 

b)    To note the next steps of the plan-making process required to make the plan ‘sound’ including consultation on the Local Plan Inspector’s recommended ‘modifications’; and  

 

c)    To highlight any implications of the Inspector’s findings for the content and next steps for progressing both the Section 2 Local Plan which contains planning policies and proposals specific to Tendring and the ‘Development Plan Document’ (DPD) which will set out more detailed parameters for the Tendring Colchester Borders Garden Community.

 

 

Additional documents:

Minutes:

Councillor C Guglielmi  had earlier declared an interest in relation to Agenda Item 7 – Report A.1- Section 1 Local Plan: Planning Inspector's Post-Hearing Letter and in relation to Agenda Item 8 – Report A.2 - Colchester Tendring Borders Garden Community - Development Plan Document as he was an alternate director for the NEGC.

 

The Committee had before it a comprehensive report (and appendices) of the Corporate Director (Place and Economy) (A.1) which reported:-

 

a)       the findings of the Local Plan Inspector as to the legal compliance and ‘soundness’ of the Section 1 Local Plan for North Essex followed the further examination hearings of January 2020 and receipt of his latest letter dated 15 May 2020.

 

b)      the next steps of the plan-making process required to make the plan ‘sound’ including consultation on the Local Plan Inspector’s recommended ‘modifications’

 

c)       highlighted any implications of the Inspector’s findings for the content and next steps for progressing both the Section 2 Local Plan which contained planning policies and proposals specific to Tendring and the ‘Development Plan Document’ (DPD) which would set out more detailed parameters for the Tendring Colchester Borders Garden Community.

 

 

Key Points

 · Following further examination hearings held in January 2020, the Planning Inspector had issued a further ‘post-hearing letter’ to the North Essex Authorities on the shared Section of the Braintree, Colchester and Tendring Local Plans.

· The Inspector had concluded that two of the three proposed Garden Communities (the Colchester Braintree Borders Garden Community and West of Braintree Garden Community) were not viable or deliverable and therefore the Section 1 Local Plan, in its current form, was not sound.

· The Inspector had however agreed that the Tendring Colchester Borders Garden Community was viable and deliverable and the housing and revised employment targets in the Local Plan were also sound, including the requirement of 550 homes a year in Tendring.

· In the event that a Local Plan was found not to be sound, the Inspector must, if asked to do so by the local planning authority, recommend modifications to the Local Plan that would make it sound. The Council requested that through its previous decisions.

· The Inspector gave the North Essex Authorities two options for how to proceed:

1)      consultation on the main modifications to remove the Colchester Braintree Borders and West of Braintree Garden Communities from the Local Plan and other necessary ‘modifications’;

2)      or 2) withdraw the plan.

· To continue with the Draft Local Plan the first option of consulting on the main modifications suggested must be undertook, otherwise the alternative position is that the Plan was withdrawn from examination and the Council would be required to start again. All three of the North Essex Authorities (Tendring, Braintree and Colchester) would need to come to the same conclusion.

Background

The Committee was informed that section 1 of the submitted Local Plan (‘the Section 1 Plan’) set out an overarching strategy for future growth across Braintree, Colchester and Tendring – the ‘North Essex Authorities’ (‘NEAs’). It included policies setting the  ...  view the full minutes text for item 16.

17.

Report of Corporate Director (Place & Economy) - A.2 - Colchester Tendring Borders Garden Community - Development Plan Document pdf icon PDF 63 KB

To update the Planning Policy and Local Plan Committee on the work intended to be carried out for the preparation of a ‘Development Plan Document’ (DPD) for the Tendring Colchester Borders Garden Community which will guide its future growth and development.

Minutes:

Councillor C Guglielmi  had earlier declared an interest in relation to Agenda Item 7 – Report A.1- Section 1 Local Plan: Planning Inspector's Post-Hearing Letter and in relation to Agenda Item 8 – Report A.2 - Colchester Tendring Borders Garden Community - Development Plan Document as he was an alternate director for the NEGC.

 

The Committee had before it a comprehensive report (and appendix) of the Corporate Director (Place and Economy) (A.2) which sought to update the Planning Policy and Local Plan Committee on the work intended to be carried out for the preparation of a ‘Development Plan Document’ (DPD) for the Tendring Colchester Borders Garden Community which would guide its future growth and development.

Key Points

· Of the three Garden Communities that were originally proposed in the shared Section 1 Local Plan for North Essex, only the Tendring Colchester Borders Garden Community was found, by the Planning Inspector, to be de deliverable and sound.

· Assuming all three of the North Essex Authorities (Tendring, Braintree and Colchester) agreed to proceed with consultation on the Inspector’s recommended modifications to the Section 1 Local Plan (as explained in Report A1), it was intended that a ‘Development Plan Document’ (DPD) would be prepared jointly by Tendring District Council and Colchester Borough Council which would contain more detailed parameters and policies to guide the development of the Tendring Colchester Borders Garden Community.

Members were informed that The North Essex Authorities which included Braintree, Colchester and Tendring Councils had then received the Inspector’s report that outlined his views on the soundness of each authority’s Section 1 Local Plan. While the Inspector had concluded that he did not find the Colchester Braintree Borders and West of Braintree Garden Communities to be deliverable, he did conclude that development of the Tendring/Colchester Borders Garden Community (TCBGC) had enabled the delivery of sustainable development in accordance with the National Planning Policy Framework’s policies.

On that basis, Tendring and Colchester had wished to proceed with the next stages of plan-making for the Garden Community which would involve the preparation of a Development Plan Document (DPD) to guide development. The DPD provided the next level of detail required to progress the overall high-level Garden Community principles mandated by Section 1. Adoption of the DPD would entail joint working between the Councils, in consultation with stakeholders at all stages of plan development. It was expected that the DPD would be a joint planning document adopted by both Councils.

It was reported to the Committee that an initial consultation on Issues and Options was held on TCBGC from November 2017-January 2018. The study work and responses from that consultation form a starting point for the next phase of work, bearing in mind the changes during the intervening period. In addition to Section 1 Local Plan developments, key amongst the changes was the Councils’ successful bid for £99K, the Officer corrected this in his reports as the funding was actually £99 million, in Housing Infrastructure Funding for an A120/A133 link road and a Rapid  ...  view the full minutes text for item 17.

18.

Report of the Corporate Director (Place & Economy) - A.3 - Proposed Amendment to the Statement of Community Involvement pdf icon PDF 51 KB

To seek the Planning Policy and Local Plan Committee’s approval of the proposed amendments to the Statement of Community Involvement (SCI) In light of the Coronavirus (COVID19) pandemic.

Minutes:

The Committee had before it a comprehensive report (and appendix) of the Corporate Director (Place and Economy) (A.3) which sought to seek the Planning Policy and Local Plan Committee’s approval of the proposed amendments to the Statement of Community Involvement (SCI) In light of the Coronavirus (COVID19) pandemic.

 

Key Points:

· The Statement of Community Involvement (SCI) detailed the way in which the public will be consulted on all planning matters.

· Due to the Coronavirus the Council cannot carry out consultations in the same way.

· It was therefore recommended that Members agree a covering note that will incorporated into the existing SCI to explain the current situation.

Members were informed that this report reflected the need to revise planning related public access and involvement procedures contained in the Council’s Statement of Community Involvement (SCI) in the light of Government guidance on coronavirus implications.

Having duly considered and discussed the contents of the report and its appendix:-

It was moved by Councillor C Guigliemli, seconded by Councillor Fairley and:-

RESOLVED that the Planning Policy and Local Plan Committee -

a)       agreed the recommended revisions to the Council’s Statement of Community Involvement (SCI) as (shown in Appendix 1) to reflect the specific requirements arising from national guidance and procedures on dealing with coronavirus implications

b)      authorises Officers published the updated Statement of Community Involvement on the Council’s website.

 

19.

Report of the Corporate Director (Place & Economy) - A.4 - Amendments to Policy PPL10: Renewable Energy generation and Energy Efficiency Measures pdf icon PDF 51 KB

To seek the Planning Policy and Local Plan Committee’s endorsement for suggested amendments to Policy PPL10 on ‘Renewable Energy Generation’ in Section 2 of the Council’s emerging Local Plan. This follows a meeting involving some Members of the Council’s Climate Change Working Group and the Planning Policy and Local Plan Committee held on 25th June 2020, where a form of wording was agreed for this Committee’s consideration.

 

 

Minutes:

The Committee had before it a comprehensive report (and appendix) of the Corporate Director (Place and Economy) (A.2) which sought the Planning Policy and Local Plan Committee’s endorsement for suggested amendments to Policy PPL10 on ‘Renewable Energy Generation’ in Section 2 of the Council’s emerging Local Plan. That followed a meeting involving some Members of the Council’s Climate Change Working Group and the Planning Policy and Local Plan Committee held on 25th June 2020, where a form of wording was agreed for this Committee’s consideration.

It was reported at its last meeting on 8th July 2020, the Planning Policy and Local Plan Committee was asked to consider a number of suggested amendments to certain planning policies in Section 2 of the Council’s emerging Local Plan relating to housing design standards, efficiency and accessibility. Most of the suggested amendments were agreed by the Committee and would be put forward to the Planning Inspector, as appropriate, for their consideration as part of the Local Plan examination process. It was however decided that consideration any amendments to Policy PPL10 on ‘Renewable Energy Generation’ would be deferred to allow discussion with the Council’s Climate Change Working Group to ensure they properly embrace the ambitions of the Council in tackling the climate emergency.

On 25th June 2020, some Members from the Climate Change Working Group and the Planning Policy and Local Plan Committee met, virtually via Skype and discussed potential further amendments to Policy PPL10 and the wording that was agreed is set out as follows:

“Policy PPL10

RENEWABLE ENERGY GENERATION AND ENERGY EFFICIENCY MEASURES

Proposals for renewable energy schemes will be considered having regard to their scale, impact (including cumulative impact) and the amount of energy which is to be generated. All proposals for new development of any type should consider the potential for a range of renewable energy solutions, appropriate to the building(s), site and its location, and should include renewable energy installations, and be designed to facilitate the retro-fitting of renewable energy installations. For residential development proposals involving the creation of one or more dwellings, the Council will expect detailed planning applications to be accompanied by a ‘Renewable Energy Generation Plan’ (REPG) setting out the measures that will be incorporated into the design, layout and construction aimed at maximising energy efficiency and the use of renewable energy. The REGP must demonstrate how the following measures have been considered and incorporated:

·         Triple Glazing;

·         Solar Roof Panels or Solar Tiles

·         Air Source Heating Systems

·         Ground Source Heating Systems

·         Super Insulation (walls and loft void)

·         Rainwater Capture Systems

·         Electric Vehicle Rapid Charging Points (provided to an individual dwelling or through an appropriate communal facility)

·         Superfast Broadband and a flexible space within each home to enable home working and a reduction in the need to travel

·         Mechanical Heat Recovery Ventilation

·         Solar Thermal Systems

·         Solar and Battery Storage Systems; and (where appropriate)

·         Other newer or alternative technologies and measures aimed at maximising energy efficiency and the use of renewable energy.

Planning permission will only be granted where  ...  view the full minutes text for item 19.