Meeting Details

Meeting Summary
Planning Committee
19 Nov 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.
6 Minutes
There are no minutes for approval at this meeting.
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.

Formation of new High Street entrance lobby, conversion and change of use of vacant first and second floor ancillary retail accommodation creating 15 residential apartments, construction of new third storey to provide four residential apartments and associated external works to the existing rear parking area.

238

The Committee considered an application for the formation of a new High Street entrance lobby, conversion and change of use of vacant first and second floor ancillary retail accommodation creating 15 residential apartments, construction of new third storey to provide 4 residential apartments and associated external works to the existing rear parking area at St Nicholas House, High Street, Colchester. The application had been referred to the Planning Committee because it is a major application, in response to which, objections had been received and a Section 106 legal agreement was required. The Committee had before it a report and amendment sheet in which all the information was set out.

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

Two storey side extension

239

The Committee considered an application for a two storey side extension at 3 Highfield Drive, Colchester. The application had been referred to the Planning Committee as a result of a call in by Councillor Buston. The Committee had before it a report in which all the information was set out.

James Ryan, Planning Officer, presented the report and assisted the Committee in its deliberations.

Louise Smith addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in opposition to the application. She explained that residents of Highfield Drive were against the application on the grounds of planning history, previous planning decisions, overdevelopment likely to be discordant with its environment and failure to enhance the quality of the area. She was concerned that given the previous applications the aim to create a separate dwelling would remain, especially given an additional external door on the extension.  She suggested that the application should have additional conditions including a reduction in the size and bulk of the extension as per previous application 111460 to prevent it from being used as a separate dwelling, and that the doorway on the side of the property be completely removed.  

Councillor Buston attended and, with the consent of the Chairman, addressed the Committee. He echoed the comments from Louise Smith and acknowledged that the site had had a long and chequered planning history, to the extent to which local residents do not share the confidence that the application will remain as stated. He noted the removal of the porch, but stated that the main concern for the residents was removing the external door.

The Planning Officer confirmed that the history of the application is not a material consideration, and a new dwelling is not what is being applied for; any changes to make it a separate dwelling would be a breach of condition. The Planning Officer confirmed that the removal of the external door was requested, but was declined by the applicant; a request to remove the porch was accepted. In response to the size of the development, this was deemed to be an acceptable size; to make the development smaller would be unreasonable to implement by condition, and had been approved previously by Committee members. The application is also deemed not to have a detrimental impact on the street scene.

Members of the committee sympathised with the views expressed by the objector, particularly given the history of the planning applications and attempts to create a separate dwelling.  

Some members of the Committee were concerned about the possibility that the application could be turned into a separate dwelling and questioned whether a condition could be made to remove the side door or restrict the type of door used. Other Committee members questioned whether the Planning team would be able to monitor the development for breaches in the conditions set.

In response to specific questions the Planning Officer confirmed that officers believe that retaining a side door, with the condition that the application does not become a separate dwelling, is reasonable.  With regard to the type of door installed the Planning Officer stated that a condition to restrict the type of door could be appealed and difficult to justify.

RESOLVED (TEN voted FOR, ONE voted AGAINST and ONE ABSTAINED) that the planning application be approved subject to the conditions set out in the report.

Proposed rear single storey extension to existing dwelling

240

The Committee considered an application for a proposed rear single storey extension to existing dwelling at Blue Road, Tiptree. The application had been referred to the Planning Committee because the applicant is an employee of Colchester Borough Council. The Committee had before it a report and amendment sheet in which all the information was set out.

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

Proposed two storey rear extension
241

The Committee considered an application for a proposed two storey rear extension at Bear House, 40 Chitts Hill, Colchester. The application had been referred to the Planning Committee because the agent works for the Council on a consultancy basis. The Committee had before it a report in which all the information was set out.

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

8 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).
Victims of Paris Shootings
237
The Committee observed a minute's silence in acknowledgement of those killed and injured in the shooting incidents in Paris on Friday, 13th November 2015.
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 Jo Hayes Councillor Barrie Cook
Absent
NameReason for AbsenceSubstituted By
No absentee information has been recorded for the meeting.

Declarations of Interests

Member NameItem Ref.DetailsNature of DeclarationAction
No declarations of interest have been entered for this meeting.

Visitors

Also in attendance: Councillor Buston