Meeting Details

Meeting Summary
Planning Committee
25 Jun 2015 - 18:00
Occurred
  • Documents
  • Attendance
  • Visitors
  • Declarations of Interests

Documents

Agenda

Part A
1 Welcome and Announcements

a)     The Chairman to welcome members of the public and Councillors and to remind all speakers of the requirement for microphones to be used at all times.

(b)     At the Chairman's discretion, to announce information on:

  • action in the event of an emergency;
  • mobile phones switched to silent;
  • the audio-recording of meetings;
  • location of toilets;
  • introduction of members of the meeting.
2 Have Your Say! (Planning)

The Chairman to invite members of the public to indicate if they wish to speak or present a petition on any of the items included on the agenda.You should indicate your wish to speak at this point if your name has not been noted by Council staff.

These speaking provisions do not apply in relation to applications which have been subject to the Deferral and Recommendation Overturn Procedure (DROP).
3 Substitutions

Members may arrange for a substitute councillor to attend a meeting on their behalf, subject to prior notice being given. The attendance of substitute councillors must be recorded.

4 Urgent Items

To announce any items not on the agenda which the Chairman has agreed to consider because they are urgent, to give reasons for the urgency and to indicate where in the order of business the item will be considered.

5 Declarations of Interest

The Chairman to invite Councillors to declare individually any interests they may have in the items on the agenda. Councillors should consult Meetings General Procedure Rule 7 for full guidance on the registration and declaration of interests. However Councillors may wish to note the following:- 

  • Where a Councillor has a disclosable pecuniary interest, other pecuniary interest or a non-pecuniary interest in any business of the authority and he/she is present at a meeting of the authority at which the business is considered, the Councillor must disclose to that meeting the existence and nature of that interest, whether or not such interest is registered on his/her register of Interests or if he/she has made a pending notification.  
     
  • If a Councillor has a disclosable pecuniary interest in a matter being considered at a meeting, he/she must not participate in any discussion or vote on the matter at the meeting. The Councillor must withdraw from the room where the meeting is being held unless he/she has received a dispensation from the Monitoring Officer.
     
  • Where a Councillor has another pecuniary interest in a matter being considered at a meeting and where the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the Councillor’s judgement of the public interest, the Councillor must disclose the existence and nature of the interest and withdraw from the room where the meeting is being held unless he/she has received a dispensation from the Monitoring Officer.
     
  • Failure to comply with the arrangements regarding disclosable pecuniary interests without reasonable excuse is a criminal offence, with a penalty of up to £5,000 and disqualification from office for up to 5 years.
To confirm as a correct record the minutes of the meeting held on 11 June 2015.
175

The minutes of the meeting held on 11 June 2015 were confirmed as a correct record.

7 Planning Applications

In considering the planning applications listed below, the Committee may choose to take an en bloc decision to agree the recommendations made in respect of all applications for which no member of the Committee or member of the public wishes to address the Committee.

Variation of conditions 2 (approved plans) and 8 (Landscape) of planning permission 131957.

176

The Committee considered an application for the variation of condition 2 (Approved Plans) and condition 8 (Landscape) of planning permission 131967. The application had been referred to the Committee because Colchester Borough Council was the applicant and because the application was a major application to which an objection had been received.

The Committee had before it a report in which all information was set out.

RESOLVED (UNANIMOUSLY) that the application be approved subject to the variation of condition 2 and condition 8 to reflect the new drawing numbers submitted, as set out in the report by the Head of Professional Services.

Variation of conditions 3 and 4 of planning permission 090126 to allow 30 pupils to use the building and to allow opening of the building from 07:45 hours to 18:00 hours Monday to Friday during term time.

177

The Committee considered an application for the variation of conditions 3 and 4 of planning permission 090126 to allow 30 pupils to use the building and to allow opening of the building from 0745 to 1800 hours Monday to Friday during term time.  The application had been referred to the Committee because it had been called in by Councillor Paul Smith.

The Committee had before it a report in which all information was set out together with comments on the Amendment Sheet.

The Committee made a site visit in order to assess the impact of the proposal upon the locality and the suitability of the proposal for the site. 

Nadine Calder, Planning Officer, presented the report and attended to assist the Committee in its deliberations.

Francis Wright addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in opposition to the application.  He considered that the application was disingenuous in terms of the property, opening times and numbers of children and that the previous concerns that had been expressed by residents had been validated by the application.  Parking problems, noise and pollution from the site would increase.  There was insufficient parking on site even for the nursery workers. Therefore parents parked in Clay Lane Grove or stood in the road near the gates, causing inconvenience to residents and a highway safety issue.   The site was used in excess of the allowed capacity suggesting this was a retrospective application.  There was already considerable noise disturbance from the site, such as shouting, crying and banging. Increased numbers would only increase the noise levels. Earlier starting times would conflict with residents’ resting time and right to quiet enjoyment.  There were direct views to and from his property into the building and it was possible to see into his front room from the ground floor of the building. The site was so close that he could hear names and addresses of users of the site.   A petition against the application had been submitted together with a letter of support for the views of residents from Sir Bob Russell.

The Planning Officer explained that the application was not retrospective.  Whilst the site had been used in contravention of the planning permission, the applicant had changed practice and was no longer breaching the conditions.  The proposed variation in the conditions would not increase the numbers of journeys to the site.  The petition referred to related to a previous application.  Whilst it was possible to see into the neighbour’s front room from the road, it was not possible to do so from the building.

Members of the Committee expressed their support for the application.  There was a clear need for this type of provision. Members felt that the applicant had made a number of compromises to accommodate concerns of residents.  The application should not lead to an increase in traffic, and might slightly improve the parking issue by spreading the times at which children were dropped off. The request for an additional 15 minutes opening was considered to be reasonable.  In terms of overlooking, the view from the neighbours property to the site was somewhat blocked by the shed.  It was appreciated that this would not screen noise, but the numbers of children using the outdoor areas was not proposed to increase. There was no sustainable reason to refuse the application.  One member queried whether condition 3 was practical or necessary.  The Planning Officer explained that the condition only related to the windows in the northern elevation of the building to mitigate noise, and that it would be possible for other windows to be opened for ventilation purposes.

The Committee noted that a one year temporary permission was proposed which would give an opportunity to assess the impact of the operation of the revised permission. The Committee indicated that it would be content to delegate the approval of the permission after one year to officers, unless there was overwhelming evidence of impact on the neighbouring property.

In response to a question from a member of the Committee it was confirmed that the increase to the public good through the provision of free school meals to children was not a material planning consideration and should not be taken into account by members in reaching their decision on this application.

RESOLVED (UNANIMOUSLY) that the application be approved subject to the conditions set out in the report.

Demolition of outbuildings and construction of single storey and two storey extensions

178

Councillor J. Maclean (by reason of the applicant being a family member) declared a pecuniary interest in the following item pursuant to the provisions of Meetings General Procedure Rule 7(5) and left the meeting during its consideration and determination.

The Committee considered an application for the demolition of the existing detached single garage and attached single storey utility room and the erection of single storey and two storey extensions. The application was referred to the Committee because the applicant was related to a member of Council.  The Committee had before it a report in which all the information was set out.

RESOLVED (UNANIMOUSLY) that the application be approved subject to the conditions and informatives set out in the report.

See report by the Head of Professional Services
179

The Committee considered a report from the Head of Professional Services proposing a change to the Scheme of Delegation to Officers to divide one category of delegated powers into two separate categories.  The Committee had before it a report in which all information was set out.  Andrew Tyrrell, Planning Manager, attended to present the report and assist the Committee.

RESOLVED (UNANIMOUSLY) that the Scheme of Delegation be amended as set out in paragraphs 5.1 and 5.2 of the Head of Professional Services report.

9 Exclusion of the Public (not Scrutiny or Executive)
In accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public, including the press, from the meeting so that any items containing exempt information (for example confidential personal, financial or legal advice), in Part B of this agenda (printed on yellow paper) can be decided. (Exempt information is defined in Section 100I and Schedule 12A of the Local Government Act 1972).
Site Visits
174
The following members attended the formal site visit: Councillors Chillingworth, Chuah, Hayes, Hazell, Jarvis, Maclean, Manning, Scott, Scott-Boutell and Sykes.
Part B

Additional Meeting Documents

Attendance

Attended - Other Members
Name
No other member attendance information has been recorded for the meeting.
Apologies
NameReason for Sending ApologySubstituted By
Councillor Patricia Moore Councillor Christopher Arnold
Absent
NameReason for AbsenceSubstituted By
No absentee information has been recorded for the meeting.

Declarations of Interests

Member NameItem Ref.DetailsNature of DeclarationAction
Councillor Jackie Maclean178Councillor J. Maclean (by reason of the applicant being a family member) declared a pecuniary interest in the following item pursuant to the provisions of Meetings General Procedure Rule 7(5) and left the meeting during its consideration and determination.PecuniaryDeclaration made and left the meeting

Visitors

Visitor Information is not yet available for this meeting