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.
402
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.
Change of use for the rear part of the existing hall from B1 (Business) to D1 (Non-residential Institutions).
403
Councillor Barton (in respect of her membership of the Liberal Democrats Group) declared a non-pecuniary interest in the following item pursuant to the provisions of Meetings General Procedure Rule 7(5).
Councillor Chuah (by reason of her ownership of shares in the Magdalen Hall Company) declared a pecuniary interest in the following item pursuant to the provisions of Meetings General Procedure Rule 9(5) and left the meeting during its consideration and determination.
Councillor Higgins (in respect of her membership of the Liberal Democrats Group) declared a non-pecuniary interest in the following item pursuant to the provisions of Meetings General Procedure Rule 7(5).
The Committee considered an application for change of use for the rear part of the existing hall from B1 (Business) to D1 (Non-residential Institutions) at Magdalen Hall, Wimpole Road, Colchester. The application had been referred to the Committee because the application site was the local headquarters of the Liberal Democrats Group. The Committee had before it a report and amendment sheet in which all the information was set out.
RESOLVED (UNANIMOUSLY) that the application be approved subject to the conditions set out in the report.
Movement of existing fence line to site boundary line and laying of an extended block paved driveway on existing driveway and part of side garden.
404
Councillor Barton (by reason of having already formed a view on the application) declared an interest in the following item pursuant to the provisions of Meetings General Procedure Rule 9(5) and left the meeting during its consideration and determination.
Councillor Hazell (by reason of having already formed a view on the application) declared an interest in the following item pursuant to the provisions of Meetings General Procedure Rule 9(5) and left the meeting during its consideration and determination after she had made representations as a visiting ward councillor.
Councillor Liddy (in respect of his Directorship of Colchester Borough Homes) declared a non-pecuniary interest in the following item pursuant to the provisions of Meetings General Procedure Rule 7(5).
The Committee considered an application for the movement of the existing fence line to the site boundary line and the laying of an extended block paved driveway on the existing driveway and part of the side garden at 11 Tumulus Way, Colchester. The application had been referred to the Committee because it had been called in by Councillor Chaplin and the applicant was an employee of Colchester Borough Homes. 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 proposals upon the locality and the suitability of the proposals for the site.
Eleanor Moss, Planning Officer, presented the report and assisted the Committee in its deliberations.
Matt Armstrong addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in opposition to the application. He explained that the application was important for he and his wife as it would mean that they would have an opportunity to enjoy the property to its full potential. Moving the line of the fence would increase the size of the garden by 20% and as such would be of benefit to them as they enjoyed gardening and had a dog. They had lived in the house for eight years and intended to stay on a long term basis. The land outside the boundary fell within the deeds of the property but was currently not usable by them. Nearby residents did make use of the land in order to manoeuvre their vehicles but he was of the view that they had sufficient parking space within their own curtilage, having recently paved the area to the front of their property. He considered a close boarded fence would not negatively impact the neighbours, in fact he considered the visual impact would be improved and there would be no loss of light as a direct consequence.
Councillor Chaplin attended and, with the consent of the Chairman, addressed the Committee. She explained that she had called in the application so the Committee had an opportunity to consider the views of the neighbours. She explained the neighbours assertion that they needed to use the grassed area adjoining their frontage in order to turn their vehicles and they were also of the opinion that they should be permitted to retain their open view They considered the application would be a loss of amenity and objected to the erection of a fence close to their lounge window.
Councillor Hazell attended and, with the consent of the Chairman, addressed the Committee. She was of the view that the application did not transgress any planning policies. She was confident in supporting the applicant as there would be no material harm to the amenity or privacy of the neighbours, no diminution of daylight and no negative impact. She could not understand the views expressed by the neighbours as she couldn’t see why the removal of the grassed area would impact upon them in any way. She considered matters of highway safety were concerns for all road users and, as such, it was the responsibility of all to ensure that vehicle movements were undertaken appropriately with due regard for other road users. She was also aware that there had been no reports of traffic accidents in the area whilst the applicant could not be held responsible for cars parked on the highway by other road users. The neighbouring residents had recently paved the front garden of their property to provide additional parking space and, as such, there was no need for them to transgress to the grassed area adjacent which was, in any event, causing detriment to the applicant.
In response to comments raised, the Planning Officer confirmed that the application would not infringe on access or affect neighbouring parking spaces. In terms of amenity, the line of the fence would move two metres closer to the neighbour’s property but as the height of the fence was 1.8 metres, the loss of light would be minimal and there would be no overbearing impact.
Members of the Committee were of the view that the application accorded with all necessary planning policies.
RESOLVED (UNANIMOUS) that the application be approved subject to the conditions set out in the report.
Two storey front extension and part single storey, part two storey rear extension.
405
The Committee considered an application for a two storey front extension and part single storey rear extension at 32 Dyers Way, Stanway, Colchester. The application had been referred to the Committee because the agent worked 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 application be approved subject to the conditions set out in the report.
Variation of Condition 2 of planning permission 151820 to permit amended elevations.
406
The Committee considered an application for the variation of condition 2 of planning permission 151820, to permit amended elevations at 64 Kingsland Road, West Mersea, Colchester. The application had been referred to the 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 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
401
Councillors Barton, Chuah, Higgins, Jarvis, Loveland and Scott attended the site visits.
Attendance
Declarations of Interests
| Councillor Lyn Barton | 403 | Councillor Barton (in respect of her membership of the Liberal Democrats Group) declared a non-pecuniary interest in the following item pursuant to the provisions of Meetings General Procedure Rule 7(5). | Non-Pecuniary | Declaration made |
| Councillor Lyn Barton | 404 | Councillor Barton (by reason of having already formed a view on the application) declared an interest in the following item pursuant to the provisions of Meetings General Procedure Rule 9(5) and left the meeting during its consideration and determination. | Other | declaration made and left meeting during its consideration and determination. |
| Councillor Helen Chuah | 403 | Councillor Chuah (by reason of her ownership of shares in the Magdalen Hall Company) declared a pecuniary interest in the following item pursuant to the provisions of Meetings General Procedure Rule 9(5) and left the meeting during its consideration and determination. | Pecuniary | Declaration made and left the meeting during its consideration and determination. |
| Councillor Pauline Hazell | 404 | Councillor Hazell (by reason of having already formed a view on the application) declared an interest in the following item pursuant to the provisions of Meetings General Procedure Rule 9(5) and left the meeting during its consideration and determination after she had made representations as a visiting ward councillor. | Other | Declaration made, left the meeting during its consideration and determination after she had made representations as a visiting ward councillor. |
| Councillor Theresa Higgins | 403 | Councillor Higgins (in respect of her membership of the Liberal Democrats Group) declared a non-pecuniary interest in the following item pursuant to the provisions of Meetings General Procedure Rule 7(5). | Non-Pecuniary | Declaration made |
| Councillor Cyril Liddy | 404 | Councillor Liddy (in respect of his Directorship of Colchester Borough Homes) declared a non-pecuniary interest in the following item pursuant to the provisions of Meetings General Procedure Rule 7(5). | Non-Pecuniary | Declaration made |
Visitors
Visitor Information is not yet available for this meeting