Meeting Details

Meeting Summary
Planning Committee
2 Apr 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 consideration 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.

Proposed 24 bed specialist care home in the grounds of Alderwood Care Home

142

The Committee considered an application for the proposed 24 bed specialist care home in the grounds of Alderwood Care Home at 39 Essex Hall Road, Colchester. The application had been referred to the Committee because the Committee had approved the application subject to the signing of a legal agreement under Section 106 of the Town and Country Planning Act 1990 which included a contribution of £7,680 to mitigate the primary care impact of the development but in the event, NHS (England) had indicated that they did not consider a contribution to be appropriate. 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.

Extension to existing Class A1 retail store
143

The Committee considered an extension to existing ClassA1 retail store at Tesco Stores, Highwoods Square, Colchester. The application had been referred to the Committee at the request of Councillor G. Oxford. 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 proposal upon the locality and the suitability of the proposal for the site.

Nadine Calder, Planning Officer, presented the report and assisted the Committee in its deliberations.

Councillor G. Oxford attended and, with the consent of the Chairman, addressed the Committee. He explained that he was making representations to the Committee at the request of local residents living around the perimeter of the Tesco site. The residents were very aggrieved at the repeated development proposal submitted for the supermarket and were of the view that such a large store should not be situated in the midst of a residential development. The current application was the 63rd to be submitted in relation to the store and he acknowledged that each application had to be considered on its own merits. When the previous application had been considered by the Committee last year a view had been expressed that any further applications would be considered to be over development. The current proposal had been the subject of amendments in order to achieve the officer’s recommendation for approval. However, this demonstrated no regard whatever for neighbouring residents who considered, as a consequence, that the store was just being allowed to grow and grow on a piecemeal basis. He also referred to regular litter picking exercises undertaken by children from St Luke’s Church which should rightly be the responsibility of the store holders rather than the local community.

Members of the Committee expressed sympathy for the residents’ views but acknowledged that the proposal was small, innocuous and unlikely to generate increased traffic nuisance in the vicinity, as such, there were no grounds upon which the proposal could be refused.

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

New detached house, comprising two storey main house with two single storey wings (one called 'Annexe'  although it shares access and core facilities and services with the house) and garages, forming an L- shaped building enclosing the front parking and turning courtyard. Existing hedges retained and strengthened, new western boundary hedge. Formation of a wildflower meadow/ butterfly reserve in the southern half of the existing two acre site

144

The Committee considered an application for a new detached house, comprising two storey main house with two single storey wings (one called 'Annexe'  although it shared access and core facilities and services with the house) and garages, forming an L- shaped building enclosing the front parking and turning courtyard, existing hedges to be retained and strengthened, new western boundary hedge and formation of a wildflower meadow/ butterfly reserve in the southern half of the existing two acre site at Tregullon, High Street, Langham. The application had been referred to the Committee at the request of Councillor Cable. The Committee had before it a report and amendment sheet in which all the information was set out. 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.

Mark Russell, Principal Planning Officer, presented the report and assisted the Committee in its deliberations.

Chris Exley addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in support of the application. He referred to fencing and established hedgerow surrounding the site of a nearby property known as ‘Six Acres’ which had received planning permission in 2000 for change of use from agricultural to residential. He pointed out the local characteristic in Langham Moor for the predominantly 20th century houses to face and be set back from the road. He considered there was no locally distinctive architectural style although there were a small number of vernacular dwellings with chimneys, rendered walls and thatched roofs and it was these characteristics which had been picked up for the design of the dwelling the subject of the application. He considered the design to be exemplary, ahead of its time with numerous innovations and flexibility for an extended family through various stages of life. The house would be a certified passivhaus and a fully integrated sustainable proposal. The ecological proposal on part of the site had been designed by an award winning butterfly conservationist which would provide a wildlife corridor benefitting the wider area. He considered the proposal to be innovative and sustainable, complying with the National Planning Policy Framework.

The Principal Planning Officer explained his view that the ecological proposal could be the subject of an application without the need for residential development on the same site.

Andrew Tyrrell, the Planning Manager, confirmed that the example of the planning permission granted 15 years ago referred to by Mr Exley pre-dated the Council’s Core Strategy and reflected decision making three sets of policy documents previously and, as such, it could not be considered relevant to the consideration of the current application.

Members of the Committee were of the view that the proposal was clearly outside the village envelope and the Council’s policies provided for a strong presumption against development in such locations, with exceptions being made where applications demonstrated particular merit. Although the application did demonstrate good design principles and included innovative ideas, it was not considered to be of sufficiently high merit for an exception to be made for this particular site.

RESOLVED (UNANIMOUSLY) that the application be refused for the reasons set out in the report and the amendment sheet.

Two storey office extension

145

The Committee considered an application for the a two storey office extension at Elfin house, 3 Pedders Close, 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 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).
Site Visits
141
The following members attended the formal site visit: Councillors Chuah, Hazell, T. Higgins, Jarvis, Lilley 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 Jon Manning Councillor Nick Barlow
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