Agenda and draft minutes

Venue: Committee Room - Town Hall, Station Road, Clacton-on-Sea, CO15 1SE. View directions

Contact: Emma Haward Email:  democraticservices@tendringdc.gov.uk or Telephone  01255 686007

Items
No. Item

24.

Apologies for Absence and Substitutions

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

Minutes:

Apologies were received from Councillors Placey and V Guglielmi (with Councillor McWilliams substituting).

25.

Minutes of the Last Meeting pdf icon PDF 151 KB

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on

Minutes:

Subject to amending page 5, paragraph 3 to read ‘Bill Marshall, a resident of the district, spoke during the application’, it was moved by Councillor Baker, seconded by Councillor Alexander and RESOLVED that the minutes of the last meeting of the Committee held on Tuesday 5 July 2022 be approved as a correct record.

26.

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 Fowlerdeclared a personal interest in A.2 Planning Application 22/01083/FUL – 618 MAIN ROAD UPPER DOVERCOURT CO12 4LS due to being the Ward Member. She was pre-determined and therefore did not participate in the Committees deliberations and decision-making for this application.

 

Councillor McWilliams declared a non-pecuniary interest in A.2 Planning Application 22/01083/FUL – 618 MAIN ROAD UPPER DOVERCOURT CO12 4LS due to chairing and participating in deliberations at a previous Licensing and Registration meeting where a licence was granted for the premises. She was pre-determined and therefore did not participate in the Committees deliberations and decision-making for this application.

 

27.

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.

28.

A.1 PLANNING APPLICATION 22/00633/FUL - Tesco, 32-34 HIGH STREET, MANNINGTREE CO11 1AJ pdf icon PDF 354 KB

The application is referred to the Planning Committee using the powers delegated to the Assistant Director under the Constitution. The reason for referral follows the Planning Committee’s decision to refuse planning permission reference 21/01270/FUL in January 2022 for retrospective planning permission for the CO2 gas cooler and timber enclosure.

 

Application 21/01270/FUL was referred to the Planning Committee by Councillor Giancarlo Guglielmi on grounds of the negative impact on the street scene and the Manningtree and Mistley Conservation as well as impact on amenity.

 

Minutes:

The application was referred to the Planning Committee using the powers delegated to the Assistant Director under the Constitution. The reason for referral followed the Planning Committee’s decision to refuse planning permission reference 21/01270/FUL in January 2022 for retrospective planning permission for the CO2 gas cooler and timber enclosure.

 

Application 21/01270/FUL was referred to the Planning Committee by Councillor Giancarlo Guglielmi on grounds of the negative impact on the street scene and the Manningtree and Mistley Conservation as well as impact on amenity.

 

The application sought retrospective planning permission for the CO2 gas cooler with proposed additional acoustic panels, hit and miss fence and access gate and was recommended for approval subject to the necessary conditions set out below.

 

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 subject to conditions.

 

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

 

An update sheet had been circulated to the Committee prior to the meeting with details of an additional letter of objection received from Manningtree Town Council due to the installation of the cooler prior to planning permission and the noise impact on residents.

 

Daniel Botten, the agent acting on behalf of the applicant, spoke in support of the application.

 

Mandy Rose, a local resident, spoke against the application.

 

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

 

Matters raised by Members of the Committee:-

Officer’s response thereto:-

A member of the Committee raised concerns regarding the position of the cooler and generated noise.

The Planning Officer advised that the application did not provide details of the reasons for the position of the cooler. Planning Services assessed the application and accepted the viability of the proposal.

The cooling systems booster was raised as an issue with regards to noise.

The Planning Officer responded and advised that the maximum noise levels were 44-48 decibels approximately 10m from the site. Moderate rainfall is estimated 40-50 decibels. Environmental Health advised that background noise levels were also considered. With mitigation, of acoustic fencing, the noise levels would have been reduced to between the region of 12-17 decibels.

Was there a reason why there was no more-efficient solution to minimise the noise such as a front-facing panel?

The Planning Officer advised that the relevant consultations were undertaken and considered acceptable. The application needed to be assessed as it stood and the Committee could recommend otherwise according to material considerations.

When was the noise survey carried out?

The Planning Officer informed members that the survey was carried out on 27-28 May 2021 between the hours of 7:30am and 12pm.

A member of the Committee also raised concerns regarding the road, how wide was the road to the rear of the site.

The Planning Officer informed the Committee that the access road at its narrowest was 2.55m and 5m at its widest point.  ...  view the full minutes text for item 28.

29.

A.2 PLANNING APPLICATION 22/1083/FUL - UPPER DOVERCOURT METHODIST CHURCH, 618 MAIN ROAD, DOVERCOURT CO12 4LS pdf icon PDF 477 KB

The application has been called in by Councillor Henderson due to concerns regarding Highways and Parking in the area and the impact of the proposal on neighbouring occupiers. 

 

The proposal is for the change of use of the redundant Methodist Church and Hall (Class F1) to a Members only community social club, comprising of a bar area for darts and pool within the main church building and a community/function events use of the rear hall.  The site is located within the settlement development boundary of Harwich and Dovercourt

 

Minutes:

Councillor Fowlerdeclared a personal interest in A.2 Planning Application 22/01083/FUL – 618 MAIN ROAD UPPER DOVERCOURT CO12 4LS due to being the Ward Member. She was pre-determined and therefore did not participate in the Committees deliberations and decision-making for this application.

 

Councillor McWilliams declared a non-pecuniary interest in A.2 Planning Application 22/01083/FUL – 618 MAIN ROAD UPPER DOVERCOURT CO12 4LS due to chairing and participating in deliberations at a previous Licensing and Registration meeting where a licence was granted for the premises. She was pre-determined and therefore did not participate in the Committees deliberations and decision-making for this application.

 

The application had been called in by Councillor Henderson due to concerns regarding Highways and Parking in the area and the impact of the proposal on neighbouring occupiers.

 

The proposal was for the change of use of the redundant Methodist Church and Hall (Class F1) to a member only community social club, comprising of a bar area for darts and pool within the main church building and a community/function events use of the rear hall. The site was located within the settlement development boundary of Harwich and Dovercourt.

 

The application was part retrospective as the majority of the works, mostly internal had been completed and the site had been operational. ECC Place Services had no concerns regarding the conversion or its impact on the neighbouring Grade II Listed Public House, The Trafalgar. Subject to conditions and mitigation to minimise the noise and disturbance to neighbouring occupiers there were no concerns raised regarding the impact neighbouring residential properties. Given its current use as a Church and function hall, it was considered a sustainable location along with its local Community.

 

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.

 

Councillors Fowler and McWilliams left the meeting during this application and Councillor Harris acted as Vice-Chairman of the Committee.

 

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

 

An update sheet had been circulated to the Committee prior to the meeting with details of an additional 22 letters of support and 13 letters of objection received, and the Officer’s comments thereto. The officer’s recommendation remained unchanged subject to a minor amendment to condition 4 to read as follows:

 

With the exception of condition 3, no live music events or other noise generating entertainment shall take place in any part of the building until the full written approval of the noise assessment and noise management plan has been obtained by the Local Planning Authority.

 

Mrs Amy Wosko, the applicant, spoke in support of the application.

 

Nicky Sawyer, a local resident, spoke in support of the application.

 

Mrs C Richardson, a local resident, spoke against the application.

 

Parish Councillor Tanya Ferguson, representing Harwich Town Council, spoke against the application.

 

Councillor Davidson, a local Ward Member, against the application.

 

Matters raised by  ...  view the full minutes text for item 29.