Agenda and minutes

Venue: Meeting to be held pursuant to provisions of Statutory Instrument 2020/392. Link to live stream will be available via https://www.tendringdc.gov.uk/livemeetings

Contact: Ian Ford Email:  democraticservices@tendringdc.gov.uk or Telephone  01255686584

Items
No. Item

85.

Apologies for Absence and Substitutions

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

Minutes:

There were none on this occasion.

86.

Minutes of the Last Meeting pdf icon PDF 161 KB

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on Tuesday 15 December 2020.

Minutes:

It was moved by Councillor Bray, seconded by Councillor Placeyand:-

 

RESOLVED that the minutes of the last meeting of the Committee, held on 15 December 2020, be approved as a correct record.

87.

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:

Councillors Bray, Casey and Fowler each declared that they would take no part in the consideration and determination of item B.1 of the Report of the Assistant Director (Planning) in relation to the forthcoming planning appeal for Oakleigh Residential Park, Clacton Road, Weeley insofar as they each considered themselves to be pre-determined on this matter.

 

Councillor Harris, as a point of information, declared for the public record that he was the local Ward Member for Oakleigh Residential Park.

88.

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 none on this occasion.

89.

A.1 - PLANNING APPLICATION – 20/00662/FUL – ANCHOR INN, HARWICH ROAD, MISTLEY, MANNINGTREE, CO11 1ND pdf icon PDF 206 KB

Change of use of premises from a public house and residential unit to 2no. Residential units together with the associated demolition and removal of single storey attached outbuildings.

 

The application has been referred to the Planning Committee by Councillor Coley, a local Ward Member, due to the “negative impact upon the neighbours, and as the Anchor Inn is the last remaining Public House in the centre of the Parish and serves the immediate surrounding community.”

Minutes:

Members were informed that the application had been referred to the Planning Committee by Councillor Coley, due to, in his opinion:

 

the negative impact upon the neighbours, and as the Anchor Inn is the last remaining Public House in the centre of the Parish and served the immediate surrounding community. The Anchor Inn is integral to the Parish and has a historical and cultural benefit. The Councillor has great sympathy for the situation the licencee finds himself in during the depth of the Coronavirus Pandemic. Operating a public house in these circumstances is extremely challenging. However, everything possible must be done to retain this facility within the community. Before the Anchor is lost to the community and replaced with two dwellings there must be clear evidence that this business is no longer viable. Before this application is approved the owner must provide evidence that it has been offered for sale as a going-concern and that a sale as a Public House has been impossible.”

 

It was reported that this application sought planning permission for the change of use of the premises from a public house and residential unit to two residential units with the associated demolition and removal of the single storey attached outbuildings.

 

The Committee was made aware that the application site was located within the defined Settlement Development Boundary for Mistley, as defined by the Saved Tendring District Local Plan 2007 and the Tendring District Local Plan 2013-2033 and Beyond Publication Draft (June 2017).

 

It was considered by Officers that sufficient marketing information had been provided by the applicant to demonstrate that a sustained marketing campaign had been undertaken since July 2018. Supporting information demonstrated that the Anchor Inn had experienced an extended period of declining trade and had been vacant for a number of months. It was for this reason that the applicant had explored other uses for the property. The applicant had demonstrated that the proposed development complied with Policy COM3 of the Tendring District Local Plan, as the applicant had demonstrated that there was an alternative facility within walking distance and that the Anchor Inn was no longer viable and that reasonable attempts had been made to sell or let the premises for continued operation in its existing or last use without success.

 

Therefore it was the view of Officers that the principle of residential development in this location was acceptable and subject to conditions there was not considered to be any material visual harm, harm to neighbouring amenities, harm to highway safety and parking provision or harm to the Conservation Area. A completed unilateral undertaking had secured a financial contribution towards RAMs.

 

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 Managerin respect of the application.

 

The Chairman of Mistley Parish Council, Charlotte Howell, spoke against the  ...  view the full minutes text for item 89.

90.

A.2 - PLANNING APPLICATION – 20/01409/FUL – LAND ADJACENT 2 WIVENHOE ROAD, ALRESFORD, CO7 8AD pdf icon PDF 319 KB

Variation of condition 2 of application 19/01261/FUL (approved on appeal APP/P1560/W/19/3244048) for revisions to plot one and access road.

 

This application is to be determined by the Planning Committee as one of the applicants is employed by Tendring District Council within the Planning Department.

Minutes:

Members were informed that this application was to be determined by the Planning Committee as one of the applicants was employed by Tendring District Council within the Planning Department.

 

The Committee was made aware that the application site was located within the defined Settlement Development Boundary for Alresford, as defined by the Emerging Tendring District Local Plan 2013-2033 and Beyond Publication Draft (June 2017). The principle for residential development is therefore acceptable.

 

It was reported that the proposal was for a variation to the approved planning permission for this site, which had recently been allowed on appeal. The proposal was for erection of three dwellings on this site. 

 

Members were advised that the submitted plans showed a reconfiguration to the approved turning head and changes to Plot 1 in terms of the rear elevation including the introduction of a rear gabled section along with new solar panels to the rear and side roof slopes. 

 

Officers considered that the proposed variation would not represent a significant departure from the approved scheme. It would not result in harm to the existing trees or to neighbouring amenities. County Highways supported the application subject to conditions. A legal agreement to cover financial contributions towards Open Space and RAMS had been completed as part of the approved application. Therefore, subject to a number of conditions, 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 Managerin respect of the application.

 

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

 

(i)      Corrections to Paragraphs 1.4, 6.4, 6.7, 6.8 and 6.9 of the Officer report i.e. they should have referred to solar panels rather than roof lights; and

(ii)     Amended wording for proposed Planning Condition No.2.

 

Following discussion by the Committee, it was moved by Councillor Bray, seconded by Councillor V E Guglielmi and unanimously:-

 

RESOLVED that the Assistant Director (Planning) (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to the following conditions (and reasons):-

 

1     The development hereby permitted shall begin no later than 14 August 2023. 

 

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: 40 Rev B, 41 Rev B, 42 Rev B, 43 Rev B, 44 Rev A, 45 Rev A, 46 Rev A, 47 Rev A 48 Rev B and 49 Rev B.

           

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

 

3     Prior to any equipment, machinery or materials being brought onto the site for the purposes of the development hereby approved, details of tree  ...  view the full minutes text for item 90.

91.

A.3 - PLANNING APPLICATION – 19/01910/LBC – TENDRING DISTRICT COUNCIL, CLACTON TOWN HALL, STATION ROAD, CLACTON-ON-SEA, C015 1SE pdf icon PDF 374 KB

Restoration of Committee Room and associated works following the removal of a number of partition walls and the removal of false ceilings and associated works under previous approved application number 18/01498/LBC.

 

This Listed Building Consent application is referred to the Planning Committee as the applicant is Tendring District Council.

Minutes:

Members recalled that this Listed Building Consent application had been previously considered by the Planning Committee at its meeting held on 10 March 2020.

 

The application had been put before the Committee as Tendring District Council was the applicant. The application sought permission for internal changes to Clacton Town Hall Committee Room including:

 

-     Refurbishment and restoration of the plasterwork to both the walls and the ceilings and coving;

-     Restoration of the windows to insert new mullions;

-     Covering of the original glazing panels to the rooflight in Black Perspex;

-     Forming a new entrance into the committee room within the existing larger opening incorporating new entrance doors from the corridor;

-     Restoration of wall panelling around the new door opening;

-     Restoration of the timber parquet flooring;

-     Installation of speakers to the walls and ceiling suspended lighting scheme;

-     New service installations and fire protection; and

-     Existing original features including moulded architraves, cornices, skirting and picture rails to be repaired and where required replicated.

 

Officers had felt that, having regard to the supporting documents and the submitted heritage statement it was evident that the works did not harm the special character, fabric and appearance of the listed building and in several cases represented an enhancement as original features were to be restored. 

 

The proposed alterations were therefore considered to meet the requirements of the Council’s saved and draft planning policies relating to the protection of listed buildings and the relevant paragraphs of the National Planning Policy Framework (2019).

 

After discussion at its meeting held on 10 March 2020 the Committee had decided to defer its decision for the following reasons:

 

-     Scheme refinement and better drawings to be provided.

-     Further thought to be given to the form and detailing of the roof light as the Committee do not consider the black perspex panels proposed within the roof light to be sensitive to the heritage asset; and

-     Further consideration to be given to lighting and ability to introduce natural light.

 

Further matters discussed by the Committee at that meeting had included the need to maintain a very traditional feel to the room and its size and capability to host large meetings.

 

It was reported that, following the March 2020 meeting, further information had now been provided in the form of updated drawings and a statement addressing each of the above issues raised by Members. A summary of the additional information submitted was as follows:-

 

Scheme refinement and more detailed drawings

 

All internal elevations and cross sections including matters such as the colour scheme and heater boxing that were previously to be secured via condition were now provided. The proposed work was to remove late twentieth century internal partitioning and to repair and restore the built form as it was constructed.

                       

Form and detailing of the roof light

 

It was proposed that the form of the roof light will remain as it was in the 1930s. Further modification of the structure would not be optimal. The  ...  view the full minutes text for item 91.

92.

Exclusion of Press and Public

The Council is asked to consider passing the following resolution:

                       

“That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of Agenda Item 8 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A, as amended, of the Act.”

 

Minutes:

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

 

RESOLVED that under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during the consideration of Agenda Item 9 on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 5 of Part 1 of Schedule 12A, as amended, of the Act.

93.

Report of Assistant Director (Planning) - B.1 - Planning Appeal Reference 20/00089/REFUSE - Oakleigh Residential Park, Clacton Road, Weeley

The Chairman of the Planning Committee (Councillor White) has agreed that this item can be brought before the Committee, as an urgent item, in order to meet the Planning Appeal timetable relating to the current Public Inquiry pertaining to the refusal of application 20/00119/FUL – Oakleigh Residential Park, Clacton Road, Weeley.

 

Additional documents:

Minutes:

The Chairman informed Members that he had agreed that this matter could be brought before the Planning Committee, as an urgent item, in order to meet the Planning Appeal timetable relating to the current Public Inquiry pertaining to the refusal of application 20/00119/FUL – Oakleigh Residential Park, Clacton Road, Weeley.

 

RESOLVED that –

 

1.      the summary legal advice received from external Counsel be noted;

 

2.      in the light of the clear legal advice the Planning Committee confirms that it does not wish to continue defending ground 3;

 

3.      the Assistant Director (Planning), in consultation with the Chairman of the Committee, be authorised to work with Counsel to decide the affordable housing offer that would be acceptable to the Council in defending ground 5;

 

4.      should the Appellant agree to accept the amount of Affordable Housing contribution, the Committee approves that the reasons for refusal on ground 5 will no longer be progressed; and

 

5.      Officers be instructed to work with Counsel to defend the planning appeal on the grounds of reasons 1, 2 and 4 (and 5, subject to the above).