Meeting Details

Meeting Summary
Planning Committee
31 Mar 2016 - 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
303

There were no minutes for confirmation at the 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.

Erection of detached dwelling, garage and new access
304

The Committee considered an application for the erection of a detached dwelling, garage and new access at 19 St Clare Road, Colchester. The application had been referred to the Committee because it had been called in by Councillor Buston. The Committee had before it a report and an amendment sheet 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.

James Ryan, Principal Planning Officer, presented the report and assisted the Committee in its deliberations. He referred to representations requesting a condition to provide obscure glazing to part of the front bay window in order to prevent overlooking and confirmed he maintained his view that this was neither necessary nor appropriate.

Salakchome Stones addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in opposition to the application. She referred to the former designation of St Clare Road as an area of special character and maintained that the road continued to have a special character and a low density and that this should be protected. She was concerned that the proposed dwelling would be very prominent within the street scene, was overbearing in size and proportion. She considered that, with the removal of the green space, the road would appear over developed and the sub-division of the front garden would be to the detriment and elegance of the road. As such she was of the view that the proposal would cause material harm and conflict with the principles of the National Planning Policy Framework. She further considered that there would be a negative impact on 19 St Clare Road which was not insignificant as it would block daylight and the garden would be overlooked.

Robert Pomery addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in support of the application. He explained that, in developing the proposals before the Committee consideration had been given to the constraints of the site, to maintaining the character of the area and to adhere to the principles of the National Planning Policy Framework. Pre-application meetings had been conducted with the Planning officers, following which, letters had been sent to local residents explaining the intended proposals. He explained that considerable care had been taken in relation to the architectural merits and design of the proposed dwelling, with attention being given to addressing issues such as potential overlooking and the existing distances between dwellings in the road. He acknowledged the concerns of the residents but was of the view that the design was of the highest quality and the Committee report had demonstrated that there were no grounds on which to base a refusal of the application.

Councillor Buston attended and, with the consent of the Chairman, addressed the Committee. He explained that he had called in the application for the reasons set out accurately in the Committee report. He welcomed the courtesy which had been demonstrated by all involved in the application. He drew attention to the special character of the road and the need for this to be preserved despite the loss of the official designation. He considered that the potential overbearing nature of the proposed dwelling had been dismissed too lightly and, although some considered the design to be of high quality, this was a subjective consideration. For people living in the road, the merits of the dwelling were viewed in a different light.

The Principal Planning Officer explained that the special character policy had formed part of a previous Local Planning regime which had been subsequently removed by Government guidance which considered this additional layer of protection was no longer appropriate. Whilst he acknowledged that St Clare Road was one of the most attractive roads in Colchester, he and colleagues were of the view that the proposed dwelling would sit very comfortably within the street scene and, as such, it would be inappropriate to refuse the application. He also couldn’t agree that the dwelling would be overbearing as it would be located at a remote distance from other dwellings. The design of the dwelling was of very high quality and, as such, complied with policy whilst the criteria relating to heritage asset were not relevant in relation to the host dwelling as it was not accredited in any way.

Members of the Committee referred to the character of the road and, whilst acknowledging the importance of maintaining this environment, were of the view that there were no planning reasons upon which a refusal of the application could be based. Reference was also made to the very high quality of the design and the care which had been taken to draw architectural references from other dwellings in the road. Particular comment was also made in relation to the provision of a car charging point, in accordance with Section 35 of the National Planning Policy Framework.

In response to specific questions the Principal Planning Officer confirmed that a proposed condition had been included to provide for a full archaeological investigation and assessment and that he did not consider it appropriate to include a condition to provide for the inclusion of a car charging point.

RESOLVED (UNANIMOUSLY) that the planning application be approved subject to the conditions set out in the report and an additional condition to provide for the installation of a charging point for low emission vehicles.

Proposed removal of 1x plasterboard stud work, non-load bearing wall to reinstate original room size
305

The Committee considered an application for the proposed removal of plasterboard studwork, non-load bearing wall to reinstate an original room size at the Town Hall, High Street, Colchester. The application had been referred to the Committee because the Council was the applicant. 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 set out in the report.

See report by the Head of Commercial Services
306

The Committee considered a report by the Head of Commercial Services concerning a proposed variation to an existing Section 106 Agreement to allow relevant contributions to be spent on making community space within a student accommodation development fully accessible to all members of the community. It was explained that permission had been granted in November 2013 for the erection of student accommodation at Haven Road, Colchester with a Section 106 Agreement which included, amongst other matters, a contribution of £85,000 towards a community facility and community events within the development. The proposal was to put up to £18,000 of this contribution towards the provision of a lift for the community facility.

RESOLVED (UNANIMOUSLY) that the variation of the Section 106 Agreement as proposed within the report be approved.

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
302
Councillors Chillingworth, Hayes, Hazell, Jarvis, Manning, Moore and Scott-Boutell attended the site visits.
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 Helen Chuah Councillor Ray Gamble
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

Visitor Information is not yet available for this meeting