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 16 February 2017.
447
The minutes of the meeting held on 16 February 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.
Application to remove condition 19 of planning permission 140208 (retrospective).
448
Councillor Chuah (by reason of her acquaintance with the applicants) declared a non-pecuniary interest in the following item pursuant to the provisions of Meetings General Procedure Rule 7(5).
Councillor Higgins (by reason of her acquaintance with the applicants and the residents of the neighbouring property) declared a non-pecuniary interest in the following item pursuant to the provisions of Meetings General Procedure Rule 7(5).
The Committee considered a retrospective application to remove condition 19 of planning permission 140208 at 3 Ward Close, Belle Vue Road, Wivenhoe, Colchester. The application had been referred to the Committee because the application had been called in by Councillor Scott. 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 proposals upon the locality and the suitability of the proposals for the site.
RESOLVED (UNANIMOUSLY) that the application be approved subject to the conditions set out in the report.
Demolition of St James’ House and the Waiting Room.
449
The Committee considered an application for the demolition of St James’ House and the Waiting Room at Queen Street, Colchester. The application had been referred to the Committee because the applicant was Colchester Borough Council. 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 proposals upon the locality and the suitability of the proposals for the site.
Simon Cairns, Major Development and Projects Manager, presented the report and assisted the Committee in its deliberations.
RESOLVED (UNANIMOUSLY) that the application be approved subject to the conditions set out in the report.
Demolish rear extension, build two storey rear extension and replace entrance door to front.
450
The Committee considered an application to demolish the rear extension, build a two storey rear extension and replace the entrance door to the front of 8 Roman Road, Colchester. The application had been referred to the Committee because the applicant was an employee of the Council. 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, assisted the Committee in its deliberations. He explained that, following representations from the applicant confirming there was no prospect of a collaborative way forward in respect of the width of the first floor rear window and the use of brick facing materials, the recommendation contained in the report had been changed to refusal of the application.
John Pearce addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in support of the application. He explained that the proposed extension faced a green space which was a discreet part of Castle Park. There were various forms of rear extensions to neighbouring properties and he considered the proposal would be a visual improvement to the existing extensions at the application site. The design was a mix of contemporary and traditional and accorded with ‘golden ratio’ design principles. The proposed finish would be larch rather than the originally intended cedar which would complement the host dwelling. He considered the use of brick as a facing material would have a jarring effect as it would be difficult to source an exact match with the existing brick and it would create an incoherent finish. He referred to the National Planning Policy Framework (NPPF) which sought to raise standards of design and advocated design respecting the character of a location. However, he also considered that the NPPF argued against the imposition of a design style and accordingly asked the Committee to view the application favourably.
The Planning and Contributions Officer referred to the various trees in the locality which, it had been argued, would provide a measure of screening of the proposed extension. He explained that the trees were not in the ownership of the applicant and, as such, there was no assurance that they would remain. He was of the view that the application drawings did not entirely comply with the ‘golden ratio’ spiral which had been applied to them, particularly in relation to large parts of the upper window. In any event the spiral ratio of proportionality was only one method of measuring good design. He went on to confirm that the requirement for a brick finish had been at the request of the Council’s Historic Buildings and Areas Officer, given the application site’s location within the town centre conservation area.
Members of the Committee noted the applicant’s request for the application to be refused should his application not be acceptable without revision and went on to express their considerable disappointment that the applicant was unwilling to accede to the requirements deemed necessary within a conservation area and that, given the circumstances, it had not been possible to agree on a suitable compromise.
RESOLVED (UNANIMOUSLY) that the application be refused and the Head of Commercial Services be given delegated authority to determine the detailed wording of the reasons for refusal based on the heads of terms set out in the report, namely the design of the proposed rear pattern of fenestration and the proposed facing materials and the harm which would be caused to the character and appearance of the conservation area.
Demolition of small brick shed and new extension to rear of property.
451
The Committee considered an application for the demolition of a small brick shed and new extension to the rear of the property at The Crescent, Great Horkesley, Colchester. The application had been referred to the Committee because the applicant was an employee of the 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.
Museum store extension.
452
Councillor Liddy (by reason 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 a museum store extension at 40 Heckworth Close, Colchester. The application had been referred to the Committee because the applicant was Colchester Borough Homes. 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
446
Councillors Barton, Chuah, Hazell, Higgins, Jarvis, Liddy, Loveland and J. Maclean attended the site visits.
Attendance
Declarations of Interests
| Councillor Helen Chuah | 448 | Councillor Chuah (by reason of her acquaintance with the applicants) 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 Theresa Higgins | 448 | Councillor Higgins (by reason of her acquaintance with the applicants and the residents of the neighbouring property) 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 | 452 | Councillor Liddy (by reason 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
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