Agenda and draft minutes

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

Contact: Ian Ford Email:  democraticservices@tendringdc.gov.uk or Telephone  01255 686584

Items
No. Item

79.

REPORT OF DIRECTOR (PLANNING) - A.4 - EXTENSION OF TIME IN RELATION TO PLANNING APPLICATION – 17/01229/OUT – LAND ADJACENT AND TO THE REAR OF 755 AND 757 ST JOHNS ROAD, CLACTON-ON-SEA pdf icon PDF 428 KB

To seek authority from the Planning Committee for a further 7 week extension (i.e. up to, and including, the 24th January 2023) to allow Officers to issue the outlined planning permission previously resolved to be approved subject to conditions and the related Section 106 legal agreement that has been completed and signed by all parties as updated.

Additional documents:

Minutes:

The Chairman informed the meeting that this application had been deferred as Essex County Council had made a late request to include an extra clause within the Section 106 Legal Agreement and consequently a further period of time was required to allow all parties to consider their position.

80.

Apologies for Absence and Substitutions

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

Minutes:

An apology for absence was submitted on behalf of Councillor Placey (who was not substituted).

81.

Minutes of the Last Meeting pdf icon PDF 460 KB

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on Tuesday 20 December 2022.

Minutes:

The minutes of the last meeting of the Committee, held on 20 December 2022, were approved as a correct record and signed by the Chairman.

 

82.

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 Harris stated for the public record that he was a member of Tendring Parish Council and the Ward Member for Planning Application 22/00778/FUL (report item A.1). He confirmed, however, that he was not pre-determined on this application and that therefore he would take part in the Committee’s deliberations on this matter. He also confirmed that he had not participated in the Parish Council’s discussions on this application.

 

Councillor Alexander stated for the public record that he was a Ward Member for Planning Applications 22/01843/FUL (report item A.2) and 22/01829/ADV (report item A.3).

83.

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 such Questions on Notice submitted by Councillors on this occasion.

84.

REPORT OF DIRECTOR (PLANNING) - A.1 - PLANNING APPLICATION – 22/00778/FUL – HILL FARM, CROWN LANE, TENDRING pdf icon PDF 455 KB

Proposed erection of 1 no. dwelling.

Minutes:

Earlier on in the meeting, as reported in more detail under Minute 82 above, Councillor Harris had stated for the public record that he was a member of Tendring Parish Council and the Ward Member for this application.

 

It was reported that this application had been referred to the Committee as the proposed development would conflict with the requirements of the Development Plan, principally Policy SPL2 (Settlement Development Boundaries) of the Tendring District Local Plan 2013-2033 and Beyond Section 2 (adopted January 2022) being located outside of any defined settlement development boundary.

 

In the opinion of the Planning Officers the proposed dwelling was not considered to be so materially different in regards to siting and footprint compared to the development previously approved under prior approval 17/01559/COUNOT and the new dwelling previously approved in lieu of this prior approval under application 19/00236/FUL. Moreover, in respect of proposed design and external appearance, the proposal was considered by Officers to result in a significant improvement compared to the design and external appearance of the dwelling approved under application 19/00236/FUL. The overall height of the proposal exceeded that of the above-mentioned approvals however, given the siting of the building, coupled with the improvements outlined above, this minor increase in height was not considered to result in harm. The proposed dwelling would continue to utilise an existing private access off Crown Lane to include its widening to 4.8m (wide) for first 6m.

 

In the absence of any material harm resulting from the development in regards to its individual appearance, impact on the wider street scene and the character and appearance of the rural landscape, the application was therefore recommended by Officers for approval. Furthermore, Officers considered that the proposal would not result in any detrimental impact on neighbour amenity and there were no concerns raised in regard to parking and highway matters.

 

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 Team Leader (Jacob Jaarsma) in respect of the application.

 

Eleanor Serghiou, an applicant, spoke in favour of her application.

 

Bill Marshall, a member of the public, spoke in favour of the application.

 

The Chairman of Tendring Parish Council (Parish Councillor Ted Edwards) spoke against the application.

 

Outline of matters raised by the Committee

Outline of the Officer response thereto

Can you clarify that the original consent granted under Class Q in 2017 was superseded by the 2019 permission, which therefore negated Class Q and in turn is now superseded by this current application?

Yes, in essence. However, the demolition of the former pig farrowing building constitutes a lawful commencement of the previous permission and therefore there exists a strong fall-back position. Simply put, there will be a 3 bedroom dwelling built at this site – it is just a case of Members deciding which of the two alternatives has  ...  view the full minutes text for item 84.

85.

REPORT OF DIRECTOR (PLANNING) - A.2 - PLANNING APPLICATION – 22/01843/FUL – ATLANTA BUILDING, KINGS PROMENADE, BELOW MARINE PARADE WEST, CLACTON-ON-SEA pdf icon PDF 299 KB

Proposed new shop front and external seating area to be used in connection with a lounge cafe.

 

This application is before Members as the land is owned by Tendring District Council.

Minutes:

Earlier on in the meeting, as reported under Minute 82 above, Councillor Alexander had stated for the public record that he was a Ward Member for this application.

 

It was reported that this application was before Members as the land was owned by Tendring District Council.

 

The Committee was informed that this application sought a new shopfront and creation of an external seating area at the Atlanta Building, Kings Promenade, below Marine Parde West, Clacton-on-Sea. Those changes would enable the building to operate as a lounge café.

 

Members were made aware that the existing Atlanta building was occupied by various kiosks and cafes, an that planning permission was not required for the change of use as all uses were within Class E.

 

In the opinion of Planning Officers the proposal was considered to be of an acceptable design and appearance, in keeping with the locality.

 

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 Development Technician (Charlotte Cooper) in respect of the application.

 

Outline of matters raised by the Committee

Outline of the Officer response thereto

Could the Officer clarify the ECC Heritage department’s concerns?

ECC Heritage had concern about the new external railing to mark the new external seating area at ground floor. They felt that a railing would represent a permanent feature which would not be considered in keeping with the open and public character of the West Promenade (Paragraphs 197c and 206 of the NPPF were relevant here). However, TDC’s Planning Officers had noted that the surrounding area was largely characterised by buildings of a similar use and design. Railings appeared prominently within the area, including on the existing host site and site directly opposite the application site. The railings therefore could not be said to be out of character with the existing Conservation Area in this regard, but did change the immediate character of the area. In this case the external seat area to ensure a flat surface for seating would, in part, be raised and a form of enclosure was required to avoid customers’ falling. The enclosure provided a degree of enclosure and security as well as protection that improved the use of the building and was considered to contribute to a viable economic use and function that represented a public benefit. Therefore, while harm was slight, public benefit was considered to outweigh this harm. In the planning balance it was also considered that permitted development could allow a form of enclosure (be it a little lower in height) without planning permission being required.

Clarify where the disabled access to the ground floor will be.

It will be on the eastern end (i.e. the Pier side) of the building.

 

Following discussion by the Committee:-

 

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

 

RESOLVED that the Planning Manager be authorised  ...  view the full minutes text for item 85.

86.

REPORT OF DIRECTOR (PLANNING) - A.3 - PLANNING APPLICATION – 22/01829/ADV – ATLANTA BUILDING, KINGS PROMENADE, BELOW MARINE PARADE WEST, CLACTON-ON-SEA pdf icon PDF 304 KB

This application is before Members as the land is owned by Tendring District Council.

 

This application seeks consent to display 3no. illuminated fascia signs and 1no. illuminated menu board.

Additional documents:

Minutes:

Earlier on in the meeting, as reported under Minute 82 above, Councillor Alexander had stated for the public record that he was a Ward Member for this application.

 

It was reported that this application was for advertisement consent to display 3 no. illuminated fascia signs and 1 no. illuminated menu board. Fascia Sign No. 1 would display the name of the building ‘Martello Lounge’. Fascia Signs Nos. 2 and 3 would display individual metal letters ‘Café Bar’. All three signs would be to the front of the building and would be illuminated. The illuminated menu board would be inside the shopfront adjacent to the main entrance to the café/bar.

 

Due to the location of the building, in close proximity to Clacton Pier and ‘The Pavilion’, the design and appearance of the proposal was considered by Planning Officers to be in keeping with the locality and would not result in a loss of amenities to neighbouring properties.

 

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 Development Technician (Charlotte Cooper) in respect of the application. An update sheet had been circulated to the Committee prior to the meeting comprising a correction to a typographical error in paragraph 1.2 of the Officer report.

 

Following discussion by the Committee:-

 

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

 

RESOLVED that the Planning Manager be authorised to grant Advertisement Consent, subject to the conditions, as set out below, or varied as is necessary to ensure the wording is enforceable, precise and reasonable in all other respects, including appropriate updates, so long as the principle of the conditions as referenced is retained.

 

Conditions and Reasons

 

1   All advertisement consents are subject to five standard conditions specified in Schedule 2 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 which are as follows: -

 

1.      No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

 

2.    No advertisement shall be sited or displayed so as to

 

(a)   endanger persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or military);

(b)   obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by water or air; or

(c)   hinder the operation of any device used for the purpose of security or surveillance or for measuring the speed of any vehicle.

 

3.    Any advertisement displayed, and any site used for the display of advertisements, shall be maintained in a condition that does not impair the visual amenity of the site.

 

4.    Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a condition that does not endanger the public.

 

5.    Where an advertisement  ...  view the full minutes text for item 86.