Meeting Details

Planning Committee
17 Aug 2017 - 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 13 July 2017.
499
The minutes of the meeting held on 13 July 2017 were confirmed as a correct record.
To confirm as a correct record the minutes of the meeting held on 27 July 2017.
500
The minutes of the meeting held on 27 July 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.

Mixed Used Development comprising the Erection of Assisted Living Extra Care (Use Class C2) accommodation for the frail elderly including communal facilities and car parking and Retail unit (Use Class A1).
501
Councillor Barton (on the grounds of pre-determination as she had publicly expressed a view on the application) declared an interest pursuant to the provisions of Meetings General Procedure Rule 7(5) and left the meeting during its consideration and determination.

The Committee considered an application for a mixed use development comprising the erection of assisted living extra care (Use Class C2) accommodation for the frail elderly, including communal facilities and car parking and a retail unit (Use Class A1) at Land off Butt Road, Colchester. The application had been referred to the Committee because it was a major application, material objections have been received and a conditional planning permission was recommended subject to a legal agreement. The Committee had before it a report and amendment sheet in which all 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 Assistant Director Policy and Corporate be authorised to approve the planning application subject to the conditions set out in the report and 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 Assistant Director Policy and Corporate to refuse the application, or otherwise to be authorised to complete the agreement to provide for the following:
NHS England contribution of £3,795;
Cycleway contribution of £22,000;
Open Space Sport and Recreation – enhancements to the local environment and seating and appropriate planting to the treed area on the corner of the site is recommended;
Highway Authority request the following mitigation:
(a) Upgrading of the two bus stops in Butt Road adjacent to the proposal site to include, but may not be limited to, real time passenger information,
(b) A zebra crossing in Goojerat Road, east of the proposal site access roundabout,
(c) If 50 or more employees, a travel plan to include, but shall not be limited to, a £3,000 contribution to cover the Highway Authority’s costs to approve, review and monitor the travel plan.
Regularisation of three lighting columns and three bollard lights.
502
The Committee considered an application for the regularisation of three lighting columns and three bollard lights at Mersea Island Holiday Park, Fen Lane, East Mersea Colchester. The application had been referred to the Committee because it has been called in by Councillor Moore. The Committee had before it a report in which all 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. 

Chris Harden, Planning Officer, presented the report and assisted the Committee in its deliberations. Two additional letters of objection had been received and he gave details of their contents.

Jeff Mason, on behalf of East Mersea Parish Council, addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in opposition to the application. He acknowledged the need for lighting for security and safety reasons and was of the view that the bollard lights were entirely acceptable. He had concerns about the column lights and asked whether there was any scope for the Committee to seek replacement of the column lights with bollard lights. If this were not possible then he welcomed the shielding proposed in the condition suggested by Environmental Protection in order to reduce the level of glare. He also asked the Committee members to consider the imposition of time restrictions on the lights, suggesting they be off between the hours of midnight and 6am.

James Wells addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in support of the application. He apologised for erection of the lighting without prior permission and for the submission of an application which was retrospective. The installation had been undertaken mistakenly due to a genuine misunderstanding. He explained that the lighting was to provide a safe and secure environment for the residents of the site. The column lighting, which cast light over a wider area, had been installed in three locations which were junction areas on the caravan site. The lights had been designed to ensure light would not spill above the horizontal and, as a consequence of residents’ concerns, the bulbs used would be changed from 35 watts to 20 watts. In addition, the applicants were happy to comply with the recommendation from Environmental Protection for shielding to be installed to prevent light emissions on the landward side of the site.

Councillor Moore attended and with the consent of the Chairman addressed the Committee. She welcomed the Planning Officer’s inclusion of a photograph at night time taken from a location in Broman’s Lane although she was in possession of other photos which illustrated up to 11 lights, including the three lights the subject of the application. She refuted the information in the report stating that other existing lighting on the site, also installed without formal permission, had been in place for approximately 15 years and, as such, enforcement action was not considered to be reasonable. In her view the lighting had not been installed for anywhere near as many years as stated, did not have permission and so should be enforced against. She considered the impact of the lighting at night was similar to a football stadium and was not acceptable in a quiet rural location. She asked the Committee members to seek measures to reduce the impact of the light pollution caused by the lighting. She sought clarification about the reduction in wattage for the bulbs and questioned the actual practical difference this would make. She referred to the Parish Council’s policy on Dark Skies and asked the Committee members to consider seeking further protection for the environment in accordance with the Parish Council’s aspirations. She went on to seek the replacement of the column lights with bollard lights.

The Planning Officer explained that Environmental Protection had recommended the installation of shielding to the lights to reduce the light emission on the landward side and he confirmed that the lights were fitted with sensors which provided for their activation when the ambient light fell below a certain level and, as such, this enabled the lights to be maintained overnight. He was of the opinion that the applicants were seeking overnight lighting for the benefit of their residents. He went on to explain that enforcement action for existing lighting was not appropriate given the length of time they had been in place. He acknowledged that the applicants may be willing to provide shielding for the other pre-existing lights but they were not part of the application under consideration and, as such, no assurance could be asked for. He was of the view that, as the applicant was willing to install shielding and lower wattage bulbs to the three column lights, it would not be an option for the Committee to consider refusing the application on the grounds of impact on the environment. He further confirmed that the lower wattage bulbs were below the requirement recommended by Environmental Protection.

Members of the Committee sought clarification on the imposition of time restrictions to the lighting such that they did not remain on overnight which would accord with the current arrangement for Essex Highways Authority lighting which provided for lights generally to be switched off between the hours of 1:00am to 5:00am. Further advice was also sought in relation to the weight that could attached to the Parish Council’s Dark Skies Policy.

The Planning Officer further explained that the Dark Skies Policy had been addressed in the Committee report which explained that the view of Environmental Protection was that the Policy could not be applied in this location because, although it was countryside location, it was not within the nature conservation areas and there was already existing lighting. He also further explained that the applicant was unable to agree to the suggestion for overnight time restrictions due to the need for illumination for arriving residents to the caravan park who were unfamiliar with the environment. In the Planning Officer’s view, this justification was considered reasonable, particularly, given the applicant’s agreement to the installation of shielding and lower wattage bulbs.

RESOLVED (EIGHT vote FOR, ONE voted AGAINST and ONE ABSTAINED) that the application be approved subject to the conditions set out in the report.
Non-illuminated information lectern.
503
The Committee considered an application for a non-illuminated information lectern at Balkerne Hill, Colchester. The application had been referred to the Committee because the applicant was an Alderman. The Committee had before it a report in which all information was set out.

RESOLVED (UNANIMOUSLY) that the application be approved subject to the conditions set out in the report.
Proposed disabled bathroom.
504
Councillor Liddy (by reason of his directorship of the 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 proposed disabled bathroom at 21 Glisson Square, 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 information was set out.

RESOLVED (UNANIMOUSLY) that the application be approved subject to the conditions set out in the report.

NOTE: THIS ITEM HAS BEEN WITHDRAWN FROM CONSIDERATION AT THE MEETING.

Proposed loft conversion and side extension, relocated garage and internal alterations.

505
The application was withdrawn from consideration by the Committee prior to the commencement of the meeting.
Two storey side extension and single storey rear extension following demolition of existing workshop/store.
506
The Committee considered an application for a two storey side extension and single storey rear extension following demolition of existing workshop/store at 3 Oak Tree Cottages, Brook Road, Aldham, Colchester. The application had been referred to the Committee because the applicant was a council employee. The Committee had before it a report in which all information was set out.

RESOLVED (UNANIMOUSLY) that the application be approved subject to the conditions set out in the report.
See report by the Assistant Director Policy and Corporate.
507
The Committee considered a report by the Assistant Director Policy and Corporate giving details of a request from Mersea Homes Ltd to use the Brook Street affordable housing allowance in lieu of the rented affordable housing required on Phase 2 (parcels R9 and R10) of the Chesterwell Development (formerly know as North Growth Area Urban Extension).

Alistair Day, Principal Planning Officer, presented the report and assisted the Committee in its deliberations.

RESOLVED that –
(i) The proposal from Mersea Homes Ltd that the affordable housing allowance agreed as a part of the Brook Street Development be used in-lieu of the rented affordable housing element scheduled for Phase 2 of the Chesterwell Development (Parcels R9 and R10) be endorsed and
(ii) The Affordable Housing Scheme for Parcels R9 and R10 of the Chesterwell Development be approved.
9 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
498
Councillors Barton, Chuah, Elliott, Jarvis, Liddy, Loveland and J. Maclean 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 Pauline Hazell Councillor John Elliott
Councillor Theresa Higgins Councillor Paul Smith
Councillor Chris Pearson Councillor Adam Fox
NameReason for AbsenceSubstituted By
No absentee information has been recorded for the meeting.

Declarations of Interests

Member NameItem Ref.DetailsNature of DeclarationAction
Councillor Lyn Barton501Councillor Barton (on the grounds of pre-determination as she had publicly expressed a view on the application) declared an interest pursuant to the provisions of Meetings General Procedure Rule 7(5) and left the meeting during its consideration and determination.OtherDeclaration made and left the meeting during its consideration and determination.
Councillor Cyril Liddy504Councillor Liddy (by reason of his directorship of the Colchester Borough Homes) declared a non-pecuniary interest in the following item pursuant to the provisions of Meetings General Procedure Rule 7(5).Non-PecuniaryDeclaration made

Visitors

Visitor Information is not yet available for this meeting