Agenda and 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

97.

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 Baker and Codling, with no substitutes.

 

98.

Minutes of the Last Meeting pdf icon PDF 576 KB

To confirm and sign as a correct record, the minutes of the meeting of the Committee, held on Thursday 16 February 2023.

Minutes:

It was moved by Councillor V Guglielmi, seconded by Councillor Wiggins and RESOLVED that the minutes of the last meeting of the Committee held on Thursday, 16th February 2022 be approved as a correct record.

 

99.

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 Harrisdeclared for the public record a personal interest in A.6 Planning Application 23/00008/TPO, ACORN COTTAGE, STONES GREEN ROAD, TENDRING due to his being the Ward Member. He stated that he was pre-determined and that therefore he would not participate in the Committee’s deliberations and decision making for this application and will be speaking against the application.

 

Councillor Placeydeclared for the public record a personal interest in A.6 Planning Application 23/00008/TPO, ACORN COTTAGE, STONES GREEN ROAD, TENDRING. She also stated that she was pre-determined and that she would not participate in the Committee’s deliberations and decision making for this application.

 

Councillor Wigginsdeclared for the public record a personal interest in A.1 Planning Application 21/00186/FUL – CROSSWAYS CENTRE FRATING ROAD GREAT BROMLEY COLCHESTER due to being a Ward Member. She advised that she was  pre-determined, and that she would withdraw from participation in the Committee’s deliberations and decision making for this application.

 

Councillor Fowlerdeclared for the public record a personal interest in A.1 Planning Application 21/00186/FUL – CROSSWAYS CENTRE FRATING ROAD GREAT BROMLEY COLCHESTER due to her knowing the applicant. She advised that she was not pre-determined and that, she would also withdraw from the Committee’s deliberations and decision making for this application.

 

100.

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.

 

The Chairman informed the Committee, and the persons present in the public gallery that items A.1 and A.6 on the Agenda would be taken first.

101.

REPORT OF DIRECTOR (PLANNING) - A.1 - PLANNING APPLICATION 21/00186/FUL – CROSSWAYS CENTRE, FRATING ROAD, GREAT BROMLEY, CO7 7JW pdf icon PDF 474 KB

Extension to Crossways Centre to include demolition of buildings fronting the site, surfacing of extension to yard, erection of loading bay, landscape, drainage, infrastructure and ancillary works including additional lighting (part retrospective).

Additional documents:

Minutes:

Councillor Wiggins had earlier on in the meeting, as recorded above, declared for the public record a personal interest in this application due to her being a Ward Member. She thereupon withdrew from participation in the Committee’s deliberations and decision making for this application.

 

Councillor Fowler had earlier on in the meeting, as recorded above, declared for the public record a personal interest in this application due to her knowing the applicant.  She thereupon withdrew from the Committee’s deliberations and decision making for this application.

 

 

Members of the Committee were reminded that the Crossways Centre was located within Frating, which was a ‘Smaller Rural Village’. Access would not have been via the primary highway network but instead, from the B1029 Frating Road. The site was not a protected or allocated employment site and the proposal was for the expansion and extension of an existing B8 storage and distribution use.,The expanded part of the site was located outside of the settlement development boundary.

 

The Committee recalled that this application had previously been presented to it at its meeting held on 7th December 2021. Following a detailed presentation, question/answer session and debate, the Committee had resolved on that occasion to defer the item for 4 reasons which were as follows:

 

“1. To allow further dialogue with the Applicant and ECC Highways to discuss a Traffic Management Plan, to include looking at HGV movements/routing plan with

particular emphasis on examining/directing traffic to and from the south from the

Frating crossroads & any potential improvements to that junction;

 

2. Further explore the highways access arrangements and the potential to demolishthe front buildings to facilitate two-way movements;

 

3. Look at hours of operation and if this could be reduced at night time; and

 

4. Explore a temporary planning permission for up to 2 or 3 years with the aim of

helping to support the applicant in finding a more appropriate site within the District.”

 

It was noted that some time had gone by to explore those issues and a number of changes to the proposal had been made. The policy context since Members had considered this development had also altered with the adoption of the Local Plan.

 

In summary and in response to the 4 reasons for deferral above – in terms of reasons for

deferral 2 and 3, it was considered by Officers that those elements had now been addressed through the provision of additional information and the inclusion of necessary, reasonable and enforceable planning conditions restricting nighttime activity and nighttime movement onto the site. It was also considered by Officers that the first part of reason for deferral 1 had also been addressed. In terms of the latter part of reason for deferral 1 (‘examining any potential improvements to the Frating crossroads junction’), it was considered by Officers that this existing junction

served a very broad variety of traffic, mostly unrelated to this development proposal, and that any potential improvements to that junction were considered to fall outside the scope  ...  view the full minutes text for item 101.

102.

REPORT OF DIRECTOR (PLANNING) - A.6 - PLANNING APPLICATION 23/00008/TPO - ACORN COTTAGE, STONES GREEN ROAD, TENDRING pdf icon PDF 122 KB

Application to fell Oak.

 

The application to fell the Oak, situated on land where the ownership is unknown, is supported by evidence to show that the tree is the primary cause of subsidence related damage to the dwelling.

Minutes:

Councillor Harris had earlier on in the meeting, as detailed above, declared for the public record a personal interest in this application due to his being the Ward Member. He had also stated that he was pre-determined and would be speaking against the application. He thereupon withdrew and did not participate in the Committee’s deliberations and decision making for this application.

 

Councillor Placey had earlier on in the meeting, as detailed above, declared for the public record a personal interest in this application. She had also stated that she was pre-determined and she thereupon did not participate in the Committee’s deliberations and decision making for this application.

 

It was reported this application to fell the Oak tree, situated on land where the ownership was unknown, had been supported by evidence to show that the tree was the primary cause of subsidence related damage to the dwelling.

 

The Committee was made aware that the issues raised in the representations objecting to the proposal to fell the tree referred to its amenity value and ecological benefits as well as its cultural importance and contribution to carbon sequestration. The representations did not contain any firm evidence that the tree was not the cause of damage to the dwelling. The objections were addressed in detail within the Officer report.

 

Members were informed that if the application was approved, then the tree would be felled and repairs to the dwelling would be facilitated and funded by the Insurance Company.

 

Conversely, if the application was refused, then the Council was likely to receive a claim for compensation in the sum of £80,000.

 

It was recommended by Officers that consent be granted for the felling of the tree and that the replacement planting of a long living but smaller tree species, was secured by a planning condition. Field Maple (Acer campestre) would be an acceptable species.

 

The Committee was asked to consider the evidence submitted in support of the application to fell an Oak where it had been claimed by the applicant that the tree was causing damage to property and to balance the case for the retention of the tree against a potential claim, made to the Council, for compensation.

 

Members were advised that the application to fell the tree had been received on 3rd January 2023 and had been supported by technical reports relating to the moisture content and load bearing capacity of the soil, the damage to the property and the protected tree.

 

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 Manager (JP-G) in respect of the application.

 

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

 

(1)          Addition to Section 7, detailing 22 additional representations received; and

(2)          Addition to Section 1, Executive Summary and Recommendation as follows:  ...  view the full minutes text for item 102.

103.

REPORT OF DIRECTOR (PLANNING) - A.2 - PLANNING APPLICATION 22/02037/FUL - GARFIELD NURSERIES, THORPE ROAD, KIRBY CROSS CO13 0LT pdf icon PDF 360 KB

Proposed erection of one dwelling (in lieu of Prior Approval for 1 one-bedroom dwelling, subject of application 22/00045/COUNOT). Resubmission of application 22/00890/FUL.

Minutes:

Members were informed that this application had been referred to Planning Committee as the proposed development would have conflicted 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 and had a recommendation of approval.

 

In the opinion of Officers, the proposed dwelling was, on balance, not considered to be materially different in regard to siting or footprint to the development approved under prior approval 22/00045/COUNOT. The overall height of the proposal exceeded that of the existing building, however this was not considered to result in significant harm.

 

The Committee was reminded that the application had been revised following the previously refused scheme 22/00890/FUL, with the dwelling sited significantly closer to the footprint of the existing agricultural building. The access remained as existing and there were no objections from the Highways Authority.

 

The Council’s Tree and Landscape Officer had noted that the application site was set back a considerable distance from the highway and consequently did not feature in the public realm. A row of ‘coppiced’ Willows might need to be removed, however, those trees were not considered to merit retention or formal legal protection by means of a tree preservation order. Soft landscaping was recommended in order to screen the dwelling from views on the northern boundary.

 

It was felt by Officers that sufficient parking and private amenity space had been provided, and that there would not be significant harm to existing neighbouring amenities, subject to conditions and the adherence to the submitted construction management plan.

 

Members were informed that conditions had been included within the Officer recommendation to ensure the provision of biodiversity enhancements and a scheme for the provision and implementation of water, energy and resource efficiency measures for the lifetime of the development.

 

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 (JJ) in respect of the application.

 

An update sheet had been circulated to the Committee prior to the meeting with details of an amendment to recommended Condition 9 as follows: -

 

“9. No development shall commence above slab level until a scheme for the provision and implementation of water, energy and resource efficiency measures for the lifetime of the development shall be submitted to and approved, in writing, by the Local Planning Authority. The scheme such include as a minimum to achieve:

o Agreement of provisions to ensure no more than 105 litres per person per day is used

o Agreement of carbon level

o Agreement of provisions to ensure the development is zero carbon ready

o An electric car charging points per dwelling

o A Water-butt per dwelling

o Compost bin per dwelling

o Agreement of heating of each dwelling/building

o  ...  view the full minutes text for item 103.

104.

REPORT OF DIRECTOR (PLANNING) - A.3 - PLANNING APPLICATION 22/01603/FUL – MEADOWCROFT, STEAM MILL ROAD, BRADFIELD, CO11 2QY pdf icon PDF 263 KB

Proposed extension of existing Care Home to provide seven new en-suite bedrooms including lift and new stairs.

 

The application is before the Planning Committee following a call-in request from Councillor Fairley due to her concerns that the proposed extension would harm the amenities of neighbouring residents and represent continued overdevelopment of the previous domestic bungalow which is out of keeping with the surrounding dwellings.

Minutes:

The Committee was reminded that this application was before  it following a call-in request from Councillor Fairley due to her concerns that the proposed extension would harm the amenities of neighbouring residents and represent continued overdevelopment of the previous domestic bungalow which was out of keeping with the surrounding dwellings.

 

It was reported that the proposal related to a part single storey and part first floor extension to the existing care home to provide seven new en-suite bedrooms including lift and new stairs. The residents of Meadowcroft had, since 2000, been people with learning difficulties. It was now the intention of the owners to change the client group to elderly persons, with specialisation in palliative care.

 

Amended plans had been secured during the processing of the application to reduce the size of the extension and to remove several first floor west-facing windows due to concerns over the impact on neighbours.

 

Members were made aware that the increased size of the building would not be, in the opinion of Officers, materially harmful to the character and appearance of the surrounding area and would result in a neutral impact to existing neighbouring amenities. Whilst no changes  had been proposed to the site access or parking arrangements, Essex Highways Authority had raised no objections in terms of the increased use of the site and the parking provision was considered by them to be acceptable.

 

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 Senior Planning Officer (ML) in respect of the application.

 

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

 

(1)        Addition to Section 5, representations received from Bradfield Parish Council and             comments; and

(2)        Revised Paragraph 6.26 to read: -

 

6.26    “The 3 metre offset of the first-floor element from the northern boundary with ‘Sundown’ combined with the 12 metre distance from the corner of the first floor element to the rear elevation of that property ensures that any impacts in terms of outlook would be minimal. The hipped nature also assists in reducing the bulk of the extension when viewed from the neighbour’s rear garden.”

 

Mr Tim Snow, the agent acting on behalf of the applicant, spoke in support of the application.

 

Councillor Alan Coley, on behalf of Councillor Zoe Fairley, thelocal Ward Member and caller-in, spoke against the application.

 

Matters raised by Members of the Committee:-

Officer’s response thereto:-

A member of the Committee asked what the distance from the rear of the site to the fence would be.

The Planning Officer confirmed that the distance between the fence and the rear of the site was 1 Metre.

If there was a fire to the north-east of the plan, could access be an issue for those with disabilities?

The Planning Officer advised that the access would be  ...  view the full minutes text for item 104.

105.

REPORT OF DIRECTOR (PLANNING) - A.4 - PLANNING APPLICATION 20/01125/OUT – 45 THE STREET, KIRBY-LE-SOKEN, CO13 0EG pdf icon PDF 231 KB

Erection of 1 dwelling and provision of access. Parking for both the existing and proposed dwelling.

Minutes:

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 Section 106 agreement.

 

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

 

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

 

(1)  a receipt of confirmation that the Section 106 legal agreement had been completed and;

(2)  Amendment to condition 6 to read:

 

“6. AGREEMENT OF MEASURES TO IMPROVE SUSTAINABILITY OF DEVELOPMENT

CONDITION:

 

Concurrent with the first reserved matter a scheme for the provision and implementation of water, energy and resource efficiency measures for the lifetime of the development shall be submitted to and approved, in writing, by the Local Planning Authority. The scheme such include as a minimum to achieve:-

- Agreement of provisions to ensure no more than 105 litres per person per day is used

- Agreement of carbon level

- Agreement of provisions to ensure the development is zero carbon ready

- An electric car charging points per dwelling

- A Water-butt per dwelling

- Compost bin per dwelling

- Agreement of heating of each dwelling/building

- Agreement of scheme for waste reduction

The scheme shall be fully implemented prior to the first occupancy of the development unless otherwise agreed in writing by the Local Planning Authority. The scheme shall be constructed and the measures provided and made available for use as may be agreed and thereafter shall be maintained.

 

REASON: To enhance the sustainability of the development through better use of water, energy and resources reduce harm to the environment and result in wider public benefit in accordance with the NPPF.

 

NOTE/S FOR CONDITION:

 

Slab level is normally refers to the concrete slab supported on foundations or directly on the subsoil and is used to construct the ground floor of the development. In any other case, please assume slab level to be the point before any walls and/or development can be visually above ground level or seek confirmation from the Local Planning Authority for your development.

 

The greatest threat to our planet is the belief that someone else will save it and also forgetting that small acts, when multiplied by millions of people, can transform the world. Developments will provide buildings/homes to thousands/millions of people over their lifetime. A well-designed sustainable development in the beginning will restrict the contribution each person makes to that threat and help enable them to transform the world.”

 

Peter Le Grys, the agent acting on behalf of the applicant, spoke in support of the application.

 

Town Councillor Nick Turner, representing Frinton and Walton Town Council, spoke against the application.

 

Matters raised by Members of the Committee:-

Officer’s response thereto:-

A member of the Committee asked if the parking arrangements had considered one accessway for both properties.

The Planning Officer confirmed that one access was proposed for both properties with  ...  view the full minutes text for item 105.

106.

REPORT OF DIRECTOR (PLANNING) - A.5 - PLANNING APPLICATION 23/00051/FULHH – 24 BAY VIEW CRESCENT, LITTLE OAKLEY, CO12 5EG pdf icon PDF 189 KB

Proposed erection of front porch with pitched roof.

 

The application is before Members as an Ownership Certificate has been served on Tendring District Council as they own the freehold of the flats.

Minutes:

It was reported that this application was before Members as an Ownership Certificate had been served on Tendring District Council as it owned the freehold of the flats.

 

The Committee was informed that the proposed porch would be located to the front of the property and therefore publicly visible. Officers believed that the single storey nature of the proposal as well as its significant set back from the main highway would reduce its prominence and the presence of other similar additions to nearby houses allowing it to be consistent with the character of the locale. The proposed addition was, in the opinion of Officers, of a suitable size and design in relation to the host dwelling and the use of grey boarding would act as a suitable contrast between the host dwelling and enlargement as well as being in keeping with the range of materials within the area.

 

Officers therefore felt that the proposed porch would not result in any significant loss of light or undue loss of privacy to the adjacent (and above) neighbouring properties and was considered to be acceptable in terms of residential amenities.

 

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 (SC-E) in respect of the application.

 

Councillor Bush, the local Ward Member, had previously advised Officers that he would not attend the site visit or speak on this application as he had not referred this application to the Committee and that he had no objection to this application being granted approval.

 

Following discussion by the Committee, it was moved by Councillor Harris, seconded by Councillor Placey and unanimously RESOLVED that the Director of Planning r (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to the following conditions and reasons and those as my be need necessary by the Director of Planning and the informative notes as may be deemed necessary:

 

Conditions and Reasons:

 

1.    COMPLIANCE REQUIRED: COMMENCEMENT TIME LIMIT

 

CONDITION: The works to which this consent relate must be begun not later than the expiration of three years beginning with the date of this consent.

 

REASON: To comply with the requirements of Section 18(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

NOTE/S FOR CONDITION:

 

The development needs to commence within the timeframe provided. Failure to comply with this condition will result in the consent becoming lapsed and unable to be carried out. If commencement takes place after the time lapses this may result in unlawful works at risk of both Enforcement Action and Criminal proceedings. You should only commence works when all other conditions requiring agreement prior to commencement have been complied with.

 

2.    APPROVED PLANS & DOCUMENTS

 

CONDITION: The development hereby permitted shall be carried out  ...  view the full minutes text for item 106.