Meeting Details

Planning Committee
3 Dec 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 confirmation 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.

Change of use of polytunnel and area of hardstanding to B8 storage

243

The Committee considered an application for the change of use of polytunnel and area of hardstanding to B8 storage at Bypass Nurseries, Dobbies Lane, MarksTey. The application had been referred to the Committee because it was a major application and objections had been received. The Committee had before it a report and an 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 front extension

244

Councillor Lilley (in respect of his acquaintance with the agent for the application) declared a non-pecuniary interest pursuant to the provisions of Meetings General Procedure Rule 7(5).

The Committee considered an application for a two storey front extension at 6 St Monance Way, Colchester. The application had been referred to the Committee because it had been called in by Councillor Gamble. The Committee had before it a report in which all the information was set out. The Committee made a site visit in order to assess the impact of the proposals upon the locality and the suitability of the proposals for the site.

Chris Harden, Planning Officer, presented the report and, assisted the Committee in its deliberations. He explained that conditions had been proposed to provide for a building works management plan to address concerns expressed by local residents and for the removal of permitted development rights in relation to any further extensions which would secure the current size of the amenity area to the rear of the property.

Ann Johnson addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in opposition to the applications. She explained that she was speaking on behalf of ten local residents who had objected to the application and she considered that the concerns expressed in the objections had not been listened to. She was of the view that the application was an overdevelopment of the site and referred to the amenity area size requirement included in policy DP16 and the requirements of the Extending Your House? document. She was also concerned about the loss of light which would negatively impact on Nos 4, 8 and 11 St Monance Way as well as the impact on the street scene due to the fact that the design of the extension was not in keeping with the area. She further considered that the parkin provision was inadequate and made reference to the current occupier’s practice of parking vehicles on the highway, causing congestion close to a blind corner in the road.

Steve Norman addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in support of the applications. He explained the personal circumstances of the applicant which was prompting the need for a larger number of bedrooms at the property and made reference to discussions with planning officers on site which had revealed that a front extension may provide a satisfactory means to create the additional space required for the applicant and his extended family. He did not consider that the application would negatively affect neighbouring residents, particularly in relation to the size of the rear garden and also in relation to the parking provision which was in accordance with parking space standards. He also referred to the variable building line in the area generally and cited a property in a nearby street which had a building line closer to the footway than the application site. He explained that current permitted development rights would allow the applicant to provide a two storey three metre extension at the rear of the property without the need to seek permission.

Councillor Gamble attended and, with the consent of the Chairman, addressed the Committee. He explained that a number of residents had objected to the proposal and that they considered that their concerns were of relevance and should be given consideration by the Committee. In terms of the design of the extension, he considered that this would be the only two storey front extension in the area and, as such, was not in keeping with the existing street scene. He acknowledged that the parking proposals accorded with the Council’s standards and that the Highway Authority had not objected but considered that the applicant’s practice of parking vehicles on the highway contributed negatively to the existing parking problems in the area. He was concerned that the existing amenity area on the site did not accord with the guidance set out in the Council’s policy DP16 and was of the view that this guidance needed to be complied with given the size of the house which would be created as a result of the proposal.

The Planning Officer explained that a full explanation of the objector’s concerns had been contained within the report together with reasons as to why, in his view, these concerns did not constitute appropriate reasons to recommend refusal of the application. He emphasised that the standards for amenity land were by way of guidance only for existing dwellings and that the approval of the application would also provide a benefit in terms of securing the existing amount of amenity space on the site. He was of the view that the design was in keeping with the street scene whilst other properties in the area had variable building lines in relation to proximity to the highway. He considered that existing on street parking issues were not matters which could be considered in determining that application.

Members of the Committee acknowledged the various concerns expressed by residents, and, in particular, in relation to parking issues but accepted that these were matters which needed to be brought to the attention of the Highway Authority separately to the consideration of the planning application. The design was considered to be acceptable whilst the proposal accorded with the Council’s requirements in terms of outlook and light.

Nevertheless some members of the Committee expressed concern regarding the negative impact of the design on the street scene and in relation to the impermeable material to the front of the property in relation to its negative environmental impact and whether relevant permissions had been sought prior to its provision as well as the position of the existing dropped kerb on the right side of the property which would be required to be extended in order to adequately access the parking area to the front of the property. Further guidance was sought in respect of the addition of a landscape condition to provide for a more appealing front aspect to the property.

The Planning Officer confirmed that it would be possible to include a further landscaping condition to address concerns regarding the existing hardstanding material and general appearance of the front aspect of the property, together with an informative to the applicant in relation to the Highway Authority requirements for appropriate vehicular access to the parking spaces to the front of the property.

RESOLVED (EIGHT voted FOR, THREE voted AGAINST and ONE ABSTAINED) that the planning application be approved subject to the conditions set out in the report, together with a further landscaping condition to address concerns regarding the existing hardstanding material and general appearance of the front aspect of the property and an informative in relation to the Highway Authority requirements for appropriate vehicular access to the parking spaces to the front of the property.

Window enlargement to rear elevation

245

The Committee considered an application for a window enlargement to the rear elevation at 1A Beverley Road, Colchester. The application had been referred to the Committee because the agent worked as a consultant for Colchester Borough Council. 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.

Rear extension and alterations to the roof

246

Councillor Sykes (as she had received contact from the applicant) declared a non-pecuniary interest pursuant to the provisions of Meetings General Procedure Rule 7(5).

The Committee considered an application for a rear extension and alterations to the roof at 50 Chapel Road, Stanway, Colchester. The application had been referred to the Committee because the agent worked as a consultant for Colchester Borough Council. 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.

First floor extension
247

The Committee considered an application for a first floor extension at 246 Straight Road, Colchester. The application had been referred to the Committee because the agent occasionally worked as a consultant for Colchester Borough Council. 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.

See report by the Head of Commercial Services
248

The Committee considered a report by the Head of Commercial Services setting out the current level of Affordable Housing delivery within the Borough.

Daniel Cameron, Planning Contributions Officer presented the report and, together with Eddie Bacon, Affordable Housing Development Officer, assisted the Committee in its deliberations. The Committee had indicated it would welcome information giving a clearer understanding of the level of Affordable Housing currently being delivered against adopted Local Plan policy and, accordingly, the report set out this information together with details of historic delivery and future projections. The report demonstrated that at the end of Quarter 1 in 2015 over half of the homes expected had been delivered. Since 1997 a total of 2380 Affordable Homes had been provided within the Borough which equated to an average of 132 units per year.

The Committee members generally welcomed the information contained in the report and questions were raised in relation to:

  • The percentage of Affordable Housing being delivered in relation to the Council’s target and whether anything further could be done to improve upon this
  • The site at Park Road where commuted sums in lieu of delivery on site had been made and whether it was possible to do any more to encourage housing contributions on site rather than by means of commuted sums.

In response to specific questions it was explained that the Council’s current policy provided for an overall target of 20% Affordable Housing to be provided on-site by developers of sites over a certain size (over 10 units in urban parts of the borough and larger villages and over 5 units elsewhere).  In addition, the housing should be scattered (called ‘pepper potting’) across sites in a tenure-blind manner and the mix of properties to be delivered should be reflective of the overall mix of properties being built. Current policy also provided for the making of commuted sums by developers where they were unable to deliver Affordable Housing on site which did at least enable the delivery of Affordable Housing elsewhere in the Borough.

Fluctuations in delivery from year to year were inevitable due to a number of factors such as poor weather and provision of servicing to sites. In addition it was explained that the forthcoming Housing and Planning Bill 2015 and Welfare and Work Bill 2015/16 had created uncertainly in relation to the ability of Registered Providers of social housing to take on the delivery or management of Affordable Housing.

RESOLVED that the contents of the report be noted.

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
242
Councillors Harrington, Hayes, Hazell, Manning Moore, Scott-Boutell and Sykes attended the site visit.
Part B

Additional Meeting Documents

Attendance

Name
No other member attendance information has been recorded for the meeting.
NameReason for Sending ApologySubstituted By
Councillor Peter Chillingworth Councillor Marcus Harrington
Councillor Brian Jarvis Councillor Roger Buston
Councillor Patricia Moore Councillor Beverly Davies
Councillor Rosalind Scott Councillor Dave Harris
NameReason for AbsenceSubstituted By
No absentee information has been recorded for the meeting.

Declarations of Interests

Member NameItem Ref.DetailsNature of DeclarationAction
Councillor Michael Lilley247Councillor Lilley (in respect of his acquaintance with the agent for the application) declared a non-pecuniary interest pursuant to the provisions of Meetings General Procedure Rule 7(5).Non-PecuniaryDeclaration made
Councillor Laura Sykes249Councillor Sykes (as she had received contact from the applicant) declared a non-pecuniary interest pursuant to the provisions of Meetings General Procedure Rule 7(5).Non-PecuniaryDeclaration made

Visitors

Visitor Information is not yet available for this meeting