Demolition of existing multi-story car park and clearnace of site. Construction of replacement multi-story car park, 28no. residential (Class C3) apartments, and 5no. flexible units (Class E, F1, F2 and related Sui Generis uses).

Earlier on in the meeting, as detailed under Minute 18 above, Councillors Alexander and Smith had both declared an Interest in this application. They thereupon withdrew from the meeting and left the room whilst the Committee deliberated on this application and reached its decision.

Members were told that this application was before the Planning Committee on the basis that the applicant and owner of the site was Tendring District Council. The application sought the demolition of the existing multi-story car park and all other structures, to be replaced by a new multi-story car park providing 301 spaces, the erection of 28 affordable residential units and the erection of 1,330sqm of flexible commercial floorspace.

Officers made Members aware that, since the resolution of approval subject to securing a Section 106 legal agreement for affordable housing provision and Biodiversity Net Gain (BNG) by the Planning Committee in March 2025, it had not been possible to enter into such a Section 106 legal agreement to secure the monitoring of the BNG. That was due to Tendring District Council being the landowner, and alternative arrangements between the applicant and legal services to secure those legal obligations had been agreed. That was because the delivery of the onsite habitat creation and enhancement works, and arrangements for its subsequent management and monitoring, required approval by the Local Planning Authority through the discharge of the statutory BNG condition. To facilitate those agreements to achieve the same outcome as the Planning Committee had resolved in March 2025, a change in resolution was required. That included a further planning condition requiring the submission of a 30-year Habitat Monitoring and Management Plan (HMMP) prior to the commencement of development.

To address the outstanding matter, it was proposed to allow BNG to be completed solely through the use of planning conditions instead of a legal agreement. Condition 18 of the earlier report, which required the submission of a biodiversity gain plan, was proposed to remain. However, it was now recommended to include one further condition requiring the submission of a 30-year Habitat Monitoring and Management Plan (HMMP) prior to the commencement of development. The full details of that condition were shown in the Officer report (Condition 20), however it would require details of features to be managed, ecological trends/constraints that might influence management, details of monitoring and a timetable, as well as reporting on specific years.

The Committee was informed that all other elements of the proposed development remained exactly as per the report put before Members of the Planning Committee in March 2025.

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 Head of Planning and Building Control (JP-G) in respect of the application.

An Officer Update Sheet had been circulated to Members prior to the meeting which informed the Committee as follows:-

“a) The recommendation is to be amended to include reference to RAMS and BNG monitoring fees, and to read as follows:

Recommendation: Approval subject to securing Planning Obligations

1. On appropriate terms below and those as may be deemed necessary to the satisfaction of the Head of Planning and Building Control to secure 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:

·         Affordable Housing provision;

·         RAMS; and

·         BNG Monitoring Fee

2. That the Head of Planning and Building Control be authorised to grant planning permission subject to the agreed section 106 agreement and conditions as stated at paragraph 2.2, or varied as is necessary to ensure the wording is enforceable, precise, and reasonable in all other respects, including appropriate updates, so long as the principle of the conditions as referenced is retained; and,

3. The informative notes as may be deemed necessary.

Or;

4. That in the event of the Planning obligations or requirements referred to in Resolution (1) above not being secured and/or not secured within 12 months that the Head of Planning and Building Control be authorised to refuse the application on appropriate grounds at their discretion.

b) Condition 19, which requires securing RAMS at a later date, is to be removed on the basis that it is instead being dealt with under the legal agreement as per the recommendation above.

c) Condition 20 shall be revised to read as follows:

CONDITION: No development shall commence until a 30 year Habitat Management and Monitoring Plan (HMMP), prepared in accordance with the approved Biodiversity Gain Plan under Condition 18, has been submitted to and approved in writing by the local planning authority and shall contain the following:

a) a description and evaluation of the planned habitat works for the creation and/or enhancement of the onsite habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan;

b) the management measures to maintain the onsite habitat creation and/or enhancement works for a period of a least 30 years from the completion (defined for this purpose as first use and/or occupation unless agreed in writing by the LPA) of the development including:

i) ecological trends and constraints on site that may influence management;

ii) aims, objectives and targets for management e.g. links with local and national species and habitat action plans;

iii) a description of the management operations necessary to achieving aims and objectives;

iv) prescriptions for management actions;

v) preparation of a works schedule, including annual works schedule;

vi) mechanisms of adaptive management to account for necessary changes in work schedule to achieve the required targets;

c) details of the monitoring methodology, to measure the effectiveness of the management of the onsite habitat creation and/or enhancement works together with the timetable for each element of the monitoring programme including when first implemented with provision for monitoring reports to be provided to the local planning authority in writing on year 1, 2, 3, 5, 7, 10, 15, 20, 25 and 30, with biodiversity reconciliation calculations at each stage; and

d) details of the roles and responsibilities of the people or organisation(s) delivering the HMMP including implementation and monitoring;

The approved HMMP shall be strictly adhered to at all times and implemented in full for its duration no later than the first use/occupation of the development; and

e) There shall be a completion report evidencing the completed habitat enhancements prior to first use and/or occupation unless agreed in writing by the LPA.

REASON: To enhance biodiversity in accordance with the National Planning Policy Framework and to achieve the Biodiversity Net Gain objectives set out in Schedule 7A of the Town and Country Planning Act 1990 (as amended).”

It was moved by Councillor White, seconded by Councillor Fowler and unanimously:-

RESOLVEDthat:-

1)    subject to securing Planning Obligations on appropriate terms below and those as may be deemed necessary to the satisfaction of the Head of Planning and Building Control to secure 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:

·         Affordable Housing provision;

·         RAMS; and

·         BNG Monitoring Fee.

2)    the Head of Planning and Building Control be authorised to grant planning permission subject to the agreed Section 106 agreement and conditions as stated at paragraph 2.2, the updates to conditions in the Officer Update Sheet, or varied as is necessary to ensure the wording is enforceable, precise, and reasonable in all other respects, including appropriate updates, so long as the principle of the conditions as referenced is retained;

3)    the sending of any informative notes to the applicant as may be deemed necessary; and

4)    in the event of the Planning Obligations or requirements referred to in Resolution (1) above not being secured and/or not secured within 12 months that the Head of Planning and Building Control be authorised to refuse the application on appropriate grounds at their discretion.