Meeting Details

Planning Committee
15 Sep 2016 - 18:00 to 00:00
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 25 August 2016.
377
The minutes of the meeting held on 25 August 2016 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.

Conditional approval subject to the signing of a Section 106 Agreement
Outline application for 37 apartments, 2 office units and associated layout, access and parking with all other matters reserved.
378
The Committee considered a report by the Head of Commercial Services, in accordance with the Committee’s Deferral and Recommendation Overturn Procedure which had been invoked by the Committee at its meeting on 4 August 2016 as there was a suggestion that the Committee may be minded to determine the application contrary to the officer’s recommendation in the report. The outline application was for 37 apartments, 2 office units and associated layout, access and parking with all other matters reserved at 6 – 7 Hawkins Road, Colchester.

Bradly Heffer, Principal Planning Officer, presented the report and, together with Simon Cairns, Major Development and Projects Manager, assisted the Committee in its deliberations.

The Principal Planning Officer explained that consideration of the application had been deferred at the meeting on 4 August 2016 prior to the Committee voting on a proposal to refuse the application pending the submission of a further report giving details of the possible implications of refusing the application on the grounds of lack of parking / amenity space, excessive density of development and the potential conflict with existing commercial uses in the area. The Committee had before it the previous report together with an amendment sheet in which all the information was set out, including a late submission from Robinson and Hall LLP, a part of which referred to dealings with Hamblion Transport, the accuracy of which was vigorously disputed by the Managing Director of that company.

Some members of the Committee sought reassurance regarding the continuing operations of the existing commercial undertakings in the area and the potential for noise and disturbance complaints from future residents leading to restrictions being placed on the conduct of long established businesses in the area. As a means to mitigate this potential, the Principal Planning Officer explained that conditions had been proposed requiring noise attenuation. Additionally, future residents would be aware of the existence and operations of commercial premises in the area.

The Major Development and Projects Manager explained that it was not anticipated that the operations of an established storage company would generate noise levels which could constitute a statutory nuisance and, as such, it was unlikely that restrictions on established commercial operations would be imposed. In response to questions regarding financial implications of an appeal, he further explained that he did not consider there was substantive evidence to support a refusal of the application and, as such, the Council would be liable for costs which could be considerable, bearing in mind the use of Barristers and, ;potentially, Queen’s Counsel.

In accordance with the Deferral and Recommendation Overturn Procedure, the Chairman invited the Committee to vote on the proposal to refuse the application. The proposal was lost (NONE voted FOR, EIGHT voted AGAINST and TWO ABSTAINED).

In the light of the additional information presented at the meeting, a Motion to approve the application, subject to the conditions set out in the report, was then proposed and seconded.

RESOLVED (EIGHT voted FOR, ONE voted AGAINST and ONE ABSTAINED) that  the Head of Commercial Services be authorised to approve the planning application subject to the conditions set out in the report and subject to the signing of a legal agreement under Section 106 of the Town and Country Planning Act 1990 within six months from the date of the Committee meeting, in the event that the legal agreement is not signed within six months, authority be delegated to the Head of Commercial Services to refuse the application, or otherwise to be authorised to complete the agreement to provide for:
A contribution of £73,032 to be used towards provision of additional primary school places to serve the needs of the development;
20% affordable housing provision;
Repair and ongoing maintenance of that part of the river wall contiguous with the site’s frontage onto the River Colne.
 
Conditional approval subject to the signing of a Section 106 Agreement
Demolition of existing buildings and redevelopment of the site to deliver student accommodation (Use Class Sui Generis) across five blocks of one, two, three and four storeys to provide 230 bedspaces (59 cluster flats and 17 studio flats), communal facilities (to include bin stores, cycle stores, site management office, gym and communal amenity areas) as well as undercroft car park (20 car parking spaces), landscaping and a new public pathway through the site.
379
Councillor Higgins (by reason of her having expressed a prejudicial view on the application) declared a pecuniary interest pursuant to the provisions of Meetings General Procedure Rule 9(5) and left the meeting during its consideration and determination.

The Deputy Chairman, Councillor Liddy, here took the Chair.


The Committee considered a report by the Head of Commercial Services, in accordance with the Committee’s Deferral and Recommendation Overturn Procedure which had been invoked by the Committee at its meeting on 17 March 2016 as there was a suggestion that the Committee may be minded to determine the application contrary to the officer’s recommendation in the report. The application was for the demolition of existing buildings and redevelopment of the site to deliver student accommodation (Use Class Sui Generis) across five blocks of one, two, three and four storeys to provide 230 bedspaces (59 cluster flats and 17 studio flats), communal facilities (to include bin stores, cycle stores, site management office, gym and communal amenity areas) as well as undercroft car park (20 car parking spaces), landscaping and a new public pathway through the site at the former Bus Depot, Magdalen Street, Colchester. 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.

In view of the date of the previous consideration of the application, all members of the Committee confirmed that they had listened to the audio recording of the Planning Committee meeting on 17 March 2016.

Sue Jackson, Principal Planning Officer, presented the report and, together with Simon Cairns, Major Development and Projects Manager, assisted the Committee in its deliberations.

The Principal Planning Officer explained that consideration of the application had been deferred at the meeting on 17 March 2016 prior to the Committee voting on a proposal to refuse the application pending the submission of a further report giving details of the risks to the Council, the financial implications, possible reasons for refusal as well as advice on whether representations constituted evidence to support reasons for refusal and proposed provisions to be included in an Accommodation Management Plan to address instances of noise , disturbance and littering. The report before the Committee set out the detailed information requested together with the previous report in full and an amendment sheet setting out provisions of the legal agreement which would require revision.

Some members of the Committee sought reassurance regarding the legal status of the Management Plan and acknowledged the potential for the proposal to be a welcome opportunity for the redevelopment of the site. 

The Major Development and Projects Manager explained that the proposed use would generate relatively few vehicular movements and, as such, would acknowledge the limitations as a consequence of the site’s location in an air quality management zone. In addition, he considered the quasi-residential use proposed and the security arrangements detailed in the Accommodation Management Plan, together with the establishment of a Joint Committee involving ward councillors, would provide a greater level of control than would be true of a typical residential use of the site. He further explained that the Management Plan would be legally binding as it formed part of the Section 106 agreement for the site.

Members of the Committee were generally of the view that the applicants had adequately demonstrated their willingness to address the Committee’s concerns in relation to the nearby residents of the Almshouses.

In accordance with the Deferral and Recommendation Overturn Procedure, the Deputy Chairman invited the Committee to vote on the proposal to refuse the application. The proposal was lost (UNANIMOUSLY).

In the light of the additional information presented at the meeting, a Motion to approve the application, subject to the conditions set out in the report, was then proposed and seconded.

RESOLVED (UNANIMOUSLY) that the Head of Commercial Services be authorised to approve the planning application subject to the conditions set out in the original report, as amended in the second report and in the amendment sheet and subject to the signing of a legal agreement under Section 106 of the Town and Country Planning Act 1990 within six months from the date of the Committee meeting, in the event that the legal agreement is not signed within six months authority be delegated to the Head of Commercial Services to refuse the application, or otherwise to be authorised to complete the agreement to provide for:
Restrict occupancy to students in tertiary full-time education;
Agreement to employ an on-site manager(s) and for there to be a24/7 presence onsite;
Travel Plan, a Travel Plan Co-ordinator to be employed and Travel Plan to be regularly monitored by the Council;
Details of an Operational Management Plan (for management of parking on site, loading bay, student arrivals and departures);
Details of Maintenance Company responsible for all communal areas/refuse areas;
An Ecological Clerk Of Works to be employed;
Buses upgrade with a catalytic reduction system;
Provision of a scheme of CCTV and link to Colchester Borough Council  network;
Upgrade to a bus stop to current Essex County Council specification, including real time;
Passenger information;
Pedestrian path from Magdalen Street to Military Road to be available for public use in perpetuity between dawn to dust (for pedestrian and pedestrians wheeling bicycles) and agreement that this path will not be used as a vehicular through route but only by emergency vehicles;
Agreement that students will not to be granted residents’ parking permits;
Agreement that those students that are not eligible for an on-site parking space will be required to sign a lease that includes a clause preventing them from bringing a vehicle to Colchester whilst they are living at the approved development;
Provision of electrical heating;
Provision of two Electric Vehicle (EV) charging points;
Provision of mechanical ventilation for units in blocks A and C;
Prevent use of flat roofs except for maintenance purposes.
Application for removal or variation of condition 8 following grant of planning permission 150945.
380
The Chairman, Councillor Higgins, here resumed the Chair.

The Committee considered an application for the removal or variation of condition 8 following the grant of planning permission 150945 at land west of Stanway Western Bypass and north of London Road, Stanway. 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 in which all the information was set out.

RESOLVED (UNANIMOUSLY) that the application be approved subject to the conditions set out in the report.
Demolition of an ex domestic outbuilding and replacement with a garage and workshop building.
381
The Committee considered an application for the demolition of an ex-domestic outbuilding and replacement with a garage and workshop building at Rennie Cottage, Chapel Lane, Fingringhoe. The application had been referred to the Committee because it had been called in by Councillor Davidson. 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.
Front extension.
382
The Committee considered an application for a front extension at 1 Line Cottages, Straight Road, Boxted. The application had been referred to the Committee because the agent was employed by 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 application be approved subject to the conditions set out in the report.
Proposed single storey extension.
383
The Committee considered an application for a single storey extension at 7 Whitefriars Way, Colchester. The application had been referred to the Committee because the agent was employed by 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 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
376
Councillors Chuah, Hazell, Jarvis, Liddy and Loveland attended the site visits. Councillor Higgins attended the site visit to Fingringhoe only.
Part B

Attendance

Name
No other member attendance information has been recorded for the meeting.
NameReason for Sending ApologySubstituted By
Councillor Lyn Barton Councillor Karen Chaplin
Councillor Rosalind Scott Councillor Michael Lilley
NameReason for AbsenceSubstituted By
No absentee information has been recorded for the meeting.

Declarations of Interests

Member NameItem Ref.DetailsNature of DeclarationAction
Councillor Theresa Higgins379Councillor Higgins (by reason of her having expressed a prejudicial view on the application) declared a pecuniary interest pursuant to the provisions of Meetings General Procedure Rule 9(5) and left the meeting during its consideration and determination.PecuniaryDeclaration made and left the meeting during its consideration and determination.

Visitors

Visitor Information is not yet available for this meeting