The application is referred to the Planning Committee at the request of St John’s Ward Councillor Mark Stephenson, due to concerns over the sequential test and the effect of the proposal on highways and parking considerations.

 

The proposal seeks outline planning permission with access to be considered. Appearance, landscaping, layout, and scale are reserved matters for consideration under a subsequent application.

Councillor Bray returned to the meeting.

 

It was noted that this application had been referred to the Planning Committee at the request of Councillor Mark Stephenson, due to his concerns over the sequential test and the effect of the proposal on highways and parking considerations.

 

It was reported that this application sought outline planning permission with access details to be considered. Appearance, landscaping, layout, and scale details were reserved matters for consideration under a subsequent application.

 

Members were reminded that the proposal was situated within the settlement development boundary of Clacton-on-Sea, which was a strategic urban settlement in the Local Plan settlement hierarchy. It was therefore an acceptable location for new development in principle.  As the proposal was for a town centre use in an out of centre, edge of settlement location, a retail sequential test had been carried out and passed i.e. there was no sequentially preferable location for the development. The proposal was below the locally set threshold above which a retail impact assessment would have been required and it would not therefore conflict with the town centre first policy. Subject to conditions, Officers felt that it would also not conflict with Policy HP1 in terms of health considerations.

 

Whilst the concerns of Councillor Stephenson and B&Q who object to the proposal were acknowledged by Officers, the Committee was made aware that the technical evidence submitted with the application, together with the consultation responses of the local highway authority, concluded that the proposal would not have an adverse effect upon the road network or result in any unacceptable highway safety impacts. Therefore, in accordance with Policy CP2 and Paragraph 111 of the Planning Policy Framework, officers advised that planning permission should not be refused for reasons related to highway matters.

 

Subject to conditions Officers believed that the proposal would comply with the requirements of the development plan and material considerations did not indicate that planning permission should be refused in this case. Significant weight would be given to the economic benefits and approval was therefore recommended by the Officers.

 

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:

 

(1)                Comments from Tendring Council Waste Services in relation to refuse collection and;

(2)                A proposed Amendment to Condition 2  as follows:

 

“2. The landscaping plan has been update to include hedging across the front of plots 1 and 3 and around the site to mitigate the impact of vehicle headlights from cars entering the site.  Therefore Condition 2 is updated to reflect the amended plan:- 

 

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

 

Drawing No 937/01C – Proposed Site Layout (with Highway visibility splays)

Drawing No 937/02     – Plot 1 Proposed Elevations and Floorplan

Drawing No 973/03     – Plot 2 Proposed Elevations and Floorplan

Drawing No 973/04     – Plot 3 Proposed Elevations and Floorplan

Drawing No 973/05     – Plot 4 Proposed Elevations and Floorplan

Drawing No 973/06     – Plots 3 & 4 Garage Elevations and Floorplan

Drawing No 937/07D  – Proposed Landscaping Plan

 

Arboricultural Impact Assessment and Preliminary Method Statements prepared by Tree Planning Solutions dated 20th January 2022 Reference No. TPSarb5511221

Preliminary Ecological Appraisal Version 1 prepared by Hybrid Ecology Ltd, dated December 2021

 

Reason: In the interests of proper planning and for the avoidance of doubt.”

 

Ms Heather Arnell, the agent acting on behalf of the applicant, spoke in support of the application.

 

Mr Jake Tubb, the agent, acting on behalf of an objector, spoke against the application.

 

Councillor Mark Stephenson, an adjacent Ward Member, spoke against the application.

 

Matters raised by Members of the Committee:-	Officer’s response thereto:-
A member of the Committee asked what the footprint was.	The Planning Officer confirmed that there was a condition whereby the site could not exceed 380m.
Concerns relating to disruption of traffic were also raised.	The Planning Officer confirmed that Condition 7 recommended a Construction Management Plan.
It was raised by a member of the Committee the construction element of the proposal, was it covered by the Highways Act 1997?	The Planning Officer advised that the construction was to be contained and form part of the Construction Management Plan and consultation with workers on site.
A member of the Committee asked if there were any material reasons to reject the application.	The Planning Officer advised that as part of the decision, the Committee needed to consider any potential evidence that the car park would become busy over various periods of time.
Concerns relating to traffic were raised in relation to adjacent restaurants.	The Planning Officer advised that there were not Highway safety concerns though issues may occur if the resulted impact was sustained and severe.
A member of the Committee asked why the parking survey was completed at the time that it was.	The Planning Officer advised that an additional survey had been requested.
Highways concerns were raised with regards to the potential impact on the A133.	The Planning Officer informed the Committee that the evidence of surveys were proportionate with the proposals.

 

 

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

 

(a)      Planning Conditions and Reasons:

 

1.       The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved.

 

Reason: To comply with the requirements of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

2. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

Reason: To comply with the requirements of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

3. No development shall be commenced until plans and particulars of "the reserved matters" referred to in the above conditions relating to appearance, landscaping, layout and scale have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

Reason: The application as submitted does not provide sufficient particulars for consideration of these details.

 

4. The development hereby permitted shall be carried out in accordance with the following approved plans (strict accordance with regard to the location, broad accordance with regard to the parameters):

Site Location Plan, Drawing No 0100 Rev C

Parameter Plan – Site Plan, Drawing No 0150 Rev E

Parameter Plan – Site Elevations, Drawing No 0151 Rev C

Parameter Plan – 3D Views, Drawing No 0152 Rev C

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

 

5. The gross floorspace of the development hereby approved shall not exceed 380m2.

 

Reason: For the avoidance of doubt and in the interests of highway safety.

 

6. The development shall be occupied by a coffee shop led operator and sales of hot food shall be ancillary only.

 

Reason: In the interests of public health in accordance with Policy H1, and in the interests of highway safety because the highway implications of the proposal have been considered on this basis.

 

7. Prior to the commencement of development, a Construction Management Plan shall have been submitted to and approved in writing by the local planning authority. The approved plan shall be adhered to throughout the construction period. The Plan shall provide for:

i) The parking of vehicles of site operatives and visitors;

ii) Loading and unloading of plant and materials;

iii) Storage of plant and materials used in constructing the development, and;

iv) Wheel and underbody washing facilities.

 

Reason: To ensure that on-street parking of these vehicles in the adjoining streets does not occur and to ensure that loose materials and spoil are not brought out onto the highway in the interests of highway safety and Policy DM1.

 

8. Prior to the commencement of development, details of electric vehicle charging points and cable enabled parking spaces to be provided shall be submitted to and approved in writing by the local planning authority. The charging points shall be installed in accordance with the approved details prior to first use and thereafter retained for the lifetime of the development.

 

Reason: ln the interests of promoting sustainable travel opportunities and reducing carbon emissions in addressing climate change.

 

9. Prior to the commencement of development, a scheme for the disposal of foul and surface water shall have first been submitted to and approved in writing by the local planning authority. The scheme shall follow sustainable drainage principles and shall thereafter be installed prior to first use.

 

Reason: In order to ensure satisfactory drainage details, in the interests of reducing the risk of flooding elsewhere and to protect the water environment.

 

10. Prior to the commencement of development, the bollards at the KFC loading bay shall be relocated further from the kerb in order to provide additional overhang space for delivery vehicles, and amendments shall be made to the lining of the loading bay, in accordance with a scheme which shall have first been submitted to and approved in writing by the local planning authority. Thereafter, the scheme shall be implemented prior to the commencement of works.

Reason: In the interests of highway safety.

 

11. Prior to the above ground works, details of all external plant and equipment shall have first been submitted to and approved in writing by the local planning authority. The details shall include expected noise levels. Thereafter, external plant and equipment shall be installed only in accordance with the approved details.

 

Reason: In the interests of visual and aural amenity.

 

12. Prior to the first use, details of any external lighting shall have first been submitted to and approved in writing by the local planning authority.  The scheme shall be so designed to ensure that lighting is shielded, and that users of the highway are not affected by dazzle and/or glare. Thereafter, external lighting shall be installed only in accordance with the approved details.

 

Reason: In the interests of highway safety and so as to prevent unnecessary light pollution.

 

13. As part of any reserved matters submission for the layout, any consequential changes required to kerbed parking islands shall be shown. Thereafter, kerbed parking islands shall be amended in accordance with the approved layout prior to first use.

 

Reason: In the interests of highway safety.

14. Cycle parking shall be provided in accordance with the EPOA Parking Standards. The approved facility shall be secure, convenient and covered, and shall be provided prior to first occupation and retained at all times.

 

Reason: In order to promote sustainable transport.

 

15. Prior to first use, a Delivery and Servicing Plan and a Car Park Management Plan shall have first been submitted to and approved in writing by the Local Planning Authority.

The Plans shall include the following and be adhered to at all times thereafter:

a. Service vehicles servicing the site of maximum length 11.52 metres shall be used to service the coffee shop;

b. Deliveries and refuse collection to the development to be managed in advance and limited to outside of operational hours only;

c. An area to be kept clear outside operational hours to facilitate servicing and refuse collection for the coffee shop;

d. A parking management strategy to be in place limiting customers to a maximum

90-minute stay only;

e. All parking spaces to be provided for customers only. No staff parking to be permitted to park on site, and;

f. Directional signage within the retail park.

 

Reason: In the interests of highway safety and protecting the amenity of the locality.

 

(b)    That any Reserved Matters application in relation to this development be submitted to the Planning Committee for its determination.