Agenda item

 

The application has been referred to the Planning Committee at the request of Councillor Baker due to the fact that the building is out of character and does not improve the street scene, it is poorly designed and has a negative impact on the street scene, it is not in accordance with emerging Plan (Part 2) Policy SPL3 or PP2 and the negative impact upon neighbours.

 

This application seeks planning permission for the retention of the constructed dining pod.

 

Minutes:

Earlier in the meeting, Councillor Baker, had , for the reasons therein stated, declared a personal interest in A.5 Planning Application 21/01748/FUL – KINGSCLIFF HOTEL, 55 KINGS PARADE, HOLLAND ON SEA, CLACTON ON SEA CO15 5JB.

 

Members were made aware that the application had been referred to the Planning Committee at the request of Councillor Baker due to the fact that, in his opinion, the building was out of character and did not improve the street scene; it was poorly designed and had a negative impact on the street scene; it was not in accordance with emerging Plan (Part 2) Policy SPL3 or PP2; and the negative impact upon neighbours.

 

It was reported that this application sought planning permission for the retention of the constructed dining pod. Other matters reported included:-

 

·         The application site was located within the settlement development boundary of the Tendring District Local Plan 2013-2033.

 

·         Local Plan Policy PP8 stated that to attract visitors to the Tendring District and support economic growth in tourism, the Council would generally support proposals that would help to improve the tourism appeal of the District to visitors.

 

·         A condition had been proposed by Officers in regards to lighting and to restrict the use of music within the pod.

 

·         The dining pod was considered by Officers to be acceptable in terms of its design and appearance and it was considered that it would not cause any material impact upon neighbouring 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 Officer (NH) in respect of the application.

 

An update sheet had been circulated to the Committee prior to the meeting with details of an amendment to condition 3 as follows:

 

‘Music shall not be played within the dining pod between the hours of 11.30pm and 9am Monday to Saturday, or between the hours of 11.00pm and 9am on Sundays.

 

Reason – To protect the amenity of the nearby residential dwellings.’

 

Councillor Baker, who had called-in the application, spoke against the application, following which he withdrew from the meeting whilst the Committee deliberated on this application.

 

Matters raised by Members of the Committee:-

Officer’s response thereto:-

A member of the Committee asked if this was a retrospective planning application.

The Planning Officer confirmed that this was so.

Did the condition in relation to music and sound also comply with the adjacent bandstand?

The Planning Officer confirmed that the same conditions apply although a case is ongoing due there being no planning permission for the bandstand.

It was raised by a member of the Committee in relation to the subject of temporary planning permission, could the Officer confirm the background?

The Planning Officer advised that temporary permission was not granted, however, permitted development rights were permitted for COVID-related purposes which had expired in January this year. Due to the structure being fixed, it required planning permission.

A member of the Committee referred to SPL3 regarding the character. Concerns were also raised regarding the potential to set a precedent.

 

 

Following discussion by the Committee, it was moved by Councillor Casey, seconded by Councillor Harris and RESOLVED that the Assistant Director (Planning) be authorised to grant planning permission for the development, subject to:

 

Conditions and Reasons

 

1         The development hereby permitted shall be carried out in accordance with the following approved plans:

 

-       Drawing No. KH100 REV A  

 

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

 

2         Any lighting within the dining pod shall be located, designed and directed/screened so that it does not cause Avoidable Intrusion to neighbouring properties.

 

Reason - To protect the amenity of nearby residential dwellings

 

3         No music of any kind shall be played within the dining pod at any time unless otherwise agreed in writing by the Local Planning Authority.

 

           Reason – To protect the amenity of nearby residential dwellings.

 

4         The dining pod hereby approved shall not be occupied at any time other than for purposes ancillary to the Kingscliff Hotel, 55 Kings Parade, Holland on Sea. 

 

Reason - The site is unsuitable for an independent tourism or restaurant use in this location.

 

Councillor Bray left the meeting at this time and withdrew to the public gallery due to his Interests in relation to the following applications.

 

Supporting documents: