To enable Council to consider the Planning Policy & Local Plan Committee’s recommendation in relation to a motion submitted at the meeting of the Council held on 30 November 2021 by Councillor Alan Coley in relation to the application of Article 4 Directions.

Council recalled that, at its meeting held on 30 November 2021 (Minute 90 referred), it had had before it a motion submitted by Councillor Coley pursuant to the provisions of Council Procedure Rule 12 in which he proposed that the Council requested the Cabinet to extend the application of Article 4 Directions in the District. That Motion was worded as follows:-

“In order to preserve Tendring’s uniqueness, heritage, amenity areas and the established areas of industrial and commercial activity:-

This Council requests its Cabinet to explore the option of applying for an Article 4 Direction in respect of appropriate Conservation Areas, Industrial Estates and Commercial and Retail Centres in the District of Tendring.”

At the meeting of the Council, Councillor Coley had formally moved the motion. Councillor G V Guglielmi had then formally seconded the motion.

The motion had thereupon stood referred to the Planning Policy & Local Plan Committee (“the Committee”) for its consideration in accordance with the provisions of Council Procedure Rules 12.5 and 12.6.

Councillor Coley’s motion had then been duly submitted to the meeting of that Committee held on 11 January 2022 (Minute 31 referred).

In accordance with Council Procedure Rule 12.6 (Referred Motions – Right of Mover to Attend Meeting), Councillor Coley had attended that meeting to answer any questions and/or points of clarification, if requested.

At that meeting during the consideration of this matter the Chairman of the Committee (Councillor Turner) had read out the following statement:-

“The making of an Article 4 Direction is only justified on a local basis to address locally specific problems and must be justified with evidence. It is not a one-size fits all ‘blanket’ solution to all general concerns about our national planning system. In the meantime this Committee’s work continues with the review of our Conservation Areas (CAs) – we have 15 more to go. The review of CAs provides the perfect opportunity to consider the need for Article 4 Directions on an area-by-area basis. The Committee involves the Parishes and the Members effected as we review their CAs, by asking for their comments. At this stage relevant problems and solutions to local needs can be found. Further, where planning issues arise I am sure that with the Local Plan adopted, the NPFF and building regulations, there will be solutions.”

Having considered Councillor Coley’s motion and in order to enable this matter to be brought to a conclusion at this meeting of the Full Council, the Planning Policy & Local Plan Committee had:-

“RESOLVED that -

(a)    Council be informed that this Committee does not support Councillor Coley’s motion; and

(b)    this Committee further recommends instead to Cabinet and Council that a further report on this matter be prepared and brought back to the Planning Policy & Local Plan Committee and that such report focus firstly on the ward of Lawford, Manningtree and Mistley.”

It was moved by Councillor Turner that -

(a)    Council does not support Councillor Alan Coley’s Motion; and

(b)    Council requests that a further report on this matter be prepared and brought back to the Planning Policy & Local Plan Committee and that such report focus firstly on the ward of Lawford, Manningtree and Mistley.

Councillor Coley moved and Councillor G V Guglielmi seconded that Councillor Turner’s motion be amended to read as follows:-

(1)    That this Council does not support Councillor Alan Coley’s Motion in its original form;

(2)    That, however, Council recognises the urgent need to conserve and protect areas of conservation, amenity, biodiversity, heritage and the established areas of industrial and commercial activity, in the District;

(3)    That a further report on these matters should therefore be prepared and brought back to the Planning Policy and Local Plan Committee within 3 – 6 months; and

(4)    That all District Council members be consulted, in order to inform the work of the Planning Policy & Local Plan Committee, as it formulates a response concerning both Parished and Unparished areas.

Councillors P B Honeywood, Fairley, Calver, Scott, M E Stephenson, Allen, Turner, Stock OBE, G V Guglielmi and Coley each, in turn, addressed the Council on the subject matter of Councillor Coley’s amendment.

Councillor Coley’s amendment on being put to the vote was declared LOST.

Councillor Turner’s motion on being put to the vote was declared CARRIED.