Agenda item

Hybrid planning application comprising:

- Detailed application for foodstore (A1), hotel (C1), family public house (A3/A4), restaurants (A1/A3/A5), retail warehouse units (A1), picker's ditch major open space and associated access, landscaping, car parking and associated works.

- Outline application for residential (C3) and employment development (B1 (a), (b), (c)) and associated access, landscaping, car parking and associated works (all matters reserved except access).

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 (GG) in respect of the application.

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

(1) Objections received from Mrs Siggy Challinor requesting a deferral;

(2) Objections received from CGMS on behalf of the owners of Clacton Factory Outlet;

(3) A letter of concern received from Square Metre Asset Management on behalf of the owners of the Waterglade Retail Park;

(4) A letter of objection received from Hawkstone Properties PLC on behalf of the owners of the Old Gasworks site adjoining Waterglade Retail Park;

(5) A letter of concern received from Tescos Stores Ltd; and

(6) An email received from Lidl which gave details of a press release.

Councillor Whitmore, a local Ward Member, spoke in support of the application.

Martin Robeson, the agent on behalf of the applicant, spoke in support of the application.

Following discussion by the Committee, it was moved by Councillor Fowler, seconded by Councillor Bennison and unanimously RESOLVED that the Head of Planning (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to:

a)    Within six months of the date of the Committee’s resolution to approve, the completion of a legal agreement under the provisions of Section 106 of the Town and Country Planning Act 1990 dealing with the following matters (where relevant):

·         Council Housing/Affordable Housing (subject to viability);

·         Primary school contribution;

·         Early Years and Childcare contribution (subject to viability);

·         Health contribution; and

·         Completion and transfer of public open space (including the proposed Pickers Ditch Walkway extension) and layout/maintenance contribution/ arrangements.

b)    Planning conditions in accordance with those set out in (i) below (but with such amendments and additions, if any, to the detailed wording thereof as the Head of Planning (or the equivalent authorised officer) in their discretion considers appropriate):

(i)            Conditions:

1. Standard 3 year limit for commencement of areas of development approved in full;

2. Standard 3 year time limit for submission of reserved matters application for outline elements;

3. Standard 2 year limit for commencement of development following approval of reserved matters;

4. Accordance with approved plans (for the elements approved in full);

5. General conformity with the illustrative layout diagram;

6. Details of appearance, access, layout, scale and landscaping;

7. Layout and phasing plan/programme;

8. Development to contain up to (but no more than) 200 dwellings;

9. Development to include a minimum 1.3ha of land for business use;

10. Highways conditions (as recommended by the Highway Authority or subsequently amended – see relevant section of the report);

11. Conditions to restrict retail and leisure uses on the site (in line with the advice of retail consultants WYG);

12. Improvements to the A133 subway (appearance, security and safety);

13. Archeologic trial trenching and assessment;

14. Ecological mitigation/enhancement plan;

15. Foul water strategy;

16. Surface water drainage scheme for construction and occupation phases;

17. SuDS maintenance/monitoring plan;

18. Hard and soft landscaping plan/implementation;

19. Details of lighting, materials and refuse storage/collection points;

20. Broadband connection;

21. Local employment arrangements; and

22. More disabled parking at Lidl.

c)    That the Head of Planning (or the equivalent authorised officer) be authorised to refuse planning permission in the event that such legal agreement has not been completed within the period of six months, as the requirements necessary to make the development acceptable in planning terms had not been secured through a Section 106 planning obligation.

d)    That the applicant be informed of the following informative:

·         No shared surfaces.