Meeting Details

Planning Committee
2 Feb 2017 - 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.
To confirm the minutes of the meeting held on 19 January 2017.
437
The minutes of the meeting held on 19 January 2017 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.

Change of use of office building B1(a) to 67 self-contained apartments (C3 use) and the erection of additional floor and alterations to the buildings external appearance.
438
The Committee considered an application for change of use of office building B1(a) to 67 self-contained apartments (C3 use) and the erection of additional floor and alterations to the building’s external appearance at Equity House, 2 Bergholt Road, Colchester. The application had been referred to the Committee because it was a major application to which objections have been received. 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.

Daniel Cameron, Planning and Contributions Officer, presented the report and, together with Simon Cairns, Major Development and Projects Manager, assisted the Committee in its deliberations.

Yvonne Grindrod, addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in opposition to the application. She explained that she was a resident from 4 Bergholt Road and, whilst recognising the need for housing in Colchester, she did have issues in relation to the proposed development. She was concerned regarding potential overlooking from the proposed additional floor of the property, damp problems from the site and persistent maintenance issues in relation to significant annual leaf fall from two established trees on the site.

Robert Pomery, addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in support of the application. He explained that the application had been submitted as the permitted development of the building to provide for 64 apartments would not allow the applicants to improve the appearance of the building or to provide benefits for the Council and the community in the form of financial contributions for affordable housing and for medical facilities. Discussions had therefore taken place with the planning officers and the ward councillor which had included the provision of an additional floor. He understood that the ward councillor had found the scheme to be acceptable subject to amendments to address access issues and to provide cycle storage facilities. He was aware of concerns expressed by neighbours but confirmed that the proposal complied with the Essex Design Guide and the impact of the proposal would, in his view, be similar if the already permitted scheme were implemented. He had not previously been aware of issues in relation to the management of existing trees but confirmed the applicants’ willingness to work with the Council’s Arboricultural Officer to determine an appropriate resolution.

Councillor Goss attended and, with the consent of the Chairman, addressed the Committee. He confirmed that he had been party to very productive discussions in relation to the application, however he was concerns about a number of issues the subject of previous discussions which had not been referred to in the Committee report. He sought confirmation regarding security measures to the building including the installation of CCTV, access for deliveries and secure mailboxes. He referred to maintenance issues in relation to the trees to the rear of gardens in Three Crowns Road as well as the two trees on the corner of Bergholt Road, as mentioned by the objector. He considered that any measures which could be secured to improve the situation for residents would be welcome. He sought information in relation to visitor parking, the location of vehicle charging points, the arrangement for the management of the parking spaces, whether the mural referred to by Myland Community Council had been found onsite and confirmation as to what proportion of the £50k contribution would be utilised within the Mile End ward. He also asked for details about the suggested land transfer to the Council.

In response to comments raised, the Planning and Contributions Officer explained that the trees on the corner of Bergholt Road, identified as T13 and T14, London Planes, in the arboricultural report were Category A trees and, as such, would be protected from complete removal although they could, along with the conifer trees between the site and Three Crowns Road, be included in the proposed condition providing for tree and hedgerow protection. He confirmed that security measures including CCTV, access for deliveries and secure post boxes were being provided. Details of layout of the visitor parking spaces had yet to be determined but the car parking management scheme proposed by the developer would be submitted for approval. He confirmed the proposed location of the vehicle charging points. The financial contribution of £50k, offered within a unilateral undertaking by the developer, was to be divided between the provision of affordable housing within Colchester Borough and the provision of medical facilities in Mile End ward itself. He also explained that a proposed transfer of land to the south of the site had been included within the unilateral undertaking, potentially to provide for an enhanced station forecourt area and / or a cycle lane.

Members of the Committee sympathised with the views expressed by the residents, referring to indications that the two London Plane trees had previously been lopped to a height of seven metres and suggesting the possibility of car parking spaces being offered to nearby residents for sale or rent. Reference was also made to potential site access/egress issues, particularly at rush hour times. It was, however, considered that the proposals would enhance the area and the willingness of the developer to work to address concerns expressed by local residents was welcomed.

The Planning and Contributions Officer confirmed that the proposed access arrangements had been considered satisfactory by Essex County Council as Highway Authority whilst he considered the concerns regarding overlooking were mitigated sufficiently due to the existence of the line of conifers which provided a substantial screen and the fact that the view to the rear of the neighbouring properties was not a strictly back to back view.

The Major Development and Projects Manager advised against the addition of a further condition referring specifically to the management of the two London Plane trees, indicating that this would not meet the tests for a planning condition and could be addressed using existing measures.

RESOLVED (UNANIMOUSLY) that the application be approved subject to the conditions, informatives and positivity statement set out in the report and the amendment sheet and also subject to the prior completion of the agreed unilateral undertaking under Section 106 of the Town and Country Planning Act 1990.
Double garage.
439
The Committee considered an application for a double garage at Wood Cottage, Station Road, Wakes Colne, 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 and an 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.
First floor extension to convert bungalow into a house.
440
The Committee considered an application for a first floor extension to convert a bungalow into a house at 43 Oaklands Avenue 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.
Single storey rear extension, first floor side extension, brick plinth and cladding to external walls.
441
The Committee considered an application for Single storey rear extension, first floor side extension, brick plinth and cladding to external walls at 23 Shears Crescent, West Mersea, 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.

Bruce O’Brien, Planning Officer, presented the report and assisted the Committee in its deliberations. He explained that, due to the existence of protected trees on the site, the Council’s Arboricultural Officer had requested the submission of an Arboricultural Impact Assessment by the agent but this had not yet been received. He also confirmed that a condition had been proposed to provide for obscured glazing to the window which overlooked 8 Broomfield Road, which had been the subject of an objection from the neighbour.

Steve Miller, addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in opposition to the application. He explained that he was a neighbour living at 8 Broomfield Road. He acknowledged his concerns regarding privacy would be addressed by the provision of a condition to provide for obscured glazing and he wished to ensure that this condition would be imposed as part of any planning permission. He was also concerned regarding potential loss of light to his kitchen and asked for the roof line of the side extension to be as low as possible.

Mark Anstey, addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in support of the application. He confirmed that the window overlooking 8 Broomfield Road would have obscured glazing but he was confused regarding the neighbour’s concerns regarding over shadowing and did not consider this to be relevant.

In response to comments raised, the Planning Officer confirmed that the proposed roof line of the side extension would be subservient to the main dwelling and, as such, he did not consider that this would result in a significant loss of light to the extent that it warranted a refusal of the application.

Members of the Committee were of the view that the application complied with the Council’s policies and potential overshadowing would not be significant. Clarification was sought, however, regarding the applicant’s request to change the materials cladding the external walls

RESOLVED (UNANIMOUSLY) that the Head of Professional Services be authorised to approve the planning application subject to the submission of a satisfactory Arboricultural Impact Assessment report and agreement being reached in relation to the external materials.
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
436
Councillors Hazell, Higgins, Jarvis, Liddy, Loveland, J. Maclean and J. Scott-Boutell attended the site visits.
Part B

Additional Meeting Documents

Attendance

Name
No other member attendance information has been recorded for the meeting.
NameReason for Sending ApologySubstituted By
Councillor Lyn Barton  
Councillor Brian Jarvis Councillor Patricia Moore
Councillor Rosalind Scott Councillor Chris Pearson
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