Part A
1
Welcome and Announcements (Virtual Meetings)
The Chairman will welcome members of the public and Councillors to the meeting and remind those participating to mute their microphones when not talking. The Chairman will invite all Councillors and Officers participating in the meeting to introduce themselves. The Chairman will, at regular intervals, ask Councillors to indicate if they wish to speak or ask a question and Councillors will be invited to speak in turn by the Chairman. A vote on each item of business will be taken by roll call of each Councillor and the outcome of each vote will be confirmed by the Democratic Services Officer.
2
Substitutions
Councillors will be asked to say if they are attending on behalf of a Committee member who is absent.
3
Urgent Items
The Chairman will announce if there is any item not on the published agenda which will be considered because it is urgent and will explain the reason for the urgency.
4
Declarations of Interest
Councillors will be asked to say if there are any items on the agenda about which they have a disclosable pecuniary interest which would prevent them from participating in any discussion of the item or participating in any vote upon the item, or any other pecuniary interest or non-pecuniary interest.
5
Have Your Say! (Virtual Planning Meetings)
At meetings of the Planning Committee, members of the public may make representations to the Committee members. Each representation, which can be a statement or a series of questions, must be no longer than three minutes when spoken (500 words maximum). One single submission only per person and a total limit of 30 minutes (10 speakers) per meeting. Members of the public may register their wish to address the Committee members by registering online by 12 noon on the working day before the meeting date. In addition, a written copy of the representation will need to be supplied for use in the event of unforeseen technical difficulties preventing participation at the meeting itself. The Chairman will invite all members of the public to make their representations at the start of the meeting.
These speaking arrangements do not apply to councillors who are not members of the Committee who may make representations of no longer than five minutes each.
6
Minutes of Previous Meeting
The Councillors will be invited to confirm that the minutes of the meeting held on 9 July 2020 are a correct record.
808
The minutes of the meeting held on 9 July 2020 were confirmed as a correct record.
7
Planning Applications
When the members of the Committee consider the planning applications listed below, they may decide to agree, all at the same time, the recommendations in the reports for any applications which no member of the Committee or member of the public wishes to address the Committee.
Residential Development of 32 no. detached and semi-detached dwellings and flats complete with garages, access and open space
809
The Committee considered an application for a residential development of 32 detached and semi-detached dwellings and flats complete with garages, access and open space. The Committee had before it a report and detailed amendment sheet in which all information about the application was set out.
The Committee members had been provided with video clips of the site taken by the planning officer to assist in their assessment of the impact of the proposals upon the locality and the suitability of the proposals for the site.
Simon Cairns, Development Manager presented the report and, together with Karen Syrett, Lead Officer for Planning, Housing and Economic Growth, and Martin Mason, Strategic Development Engineer,Essex County Council assisted the Committee in its deliberations.
Mary Stuttle addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8. Mrs Stuttle explained that she had previously commented on this site and the new plan raised questions. There are real concerns regarding road safety when all 3 sites of the development are considered The additional traffic generated by new users of an already congested and dangerous part of Berechurch Hall Road would increase the volume of traffic and impact on existing and new residents (both motorists and pedestrians).
The possible removal of the ditch and the hedgerow that runs along the ditch that was removed in February was of concern. In addition, some work had been undertaken on oak trees. Assurance was sought that the remaining hedgerow would be protected.
The proposed temporary site entrance would impact greatly on the houses opposite and this impact would be worsened if the permanent site entrance to the adjoining 164 dwelling site was allowed to go ahead as it would be directly opposite a mews entrance.
At times it was extremely dangerous to pull out onto Berechurch Hall Road due to the volume of traffic and the number of speeding motorists, and that crossing the road as a pedestrian was similarly difficult. Details of any road improvements by Essex County Council Highways were requested as well as information on services and facilities accessible by foot. Public transport provision was queried. The Committee should consider traffic calming measures, a pedestrian crossing and relocation of the permanent entrance further towards Maypole Green in an area not opposite existing dwellings entrances and with the provision of a roundabout.
The Development Manager explained that in course of negotiations with the planning officers the proposals had been revised taking into account the concerns of residents including those on the boundary in Catkins Mews and Amber House, particularly in regard of overlooking.
A traditional approach to the development had been taken with an L shaped site that includes public open space, 1 wheelchair adapted unit, nine affordable units and a significant number of single storey buildings/chalet bungalows and bungalows mitigating the impact on dwellings on the west of the site. Points for electric vehicles would be provided.
The temporary access to Berechurch Hall Road would be closed when the adjacent site was developed and brought forward for consideration in due course. Pedestrian links to the next phase of the site and links to the Colchester orbital footway were proposed.
The footway on the frontage was a requirement of the scheme and the ditch on the site frontage would be culverted to maintain existing drainage capacity allowing the footway over it for eventual use by pedestrians and cyclists. The coppicing of a heavily overgrown hedgerow had been undertaken to improve visibility splays and any new planting will be covered in planned landscaping. It was confirmed that an archaeological survey had already been undertaken but had yielded little. The Council’s archaeological adviser was content with the archaeological condition.
Members of the Committee acknowledged the quality of the proposed development, the changes to ameliorate residents’ concerns and the provision of affordable housing. The Committee requested the provision of a disabled parking space
Committee members were primarily concerned with road safety issues arising from the development and sought an assurance regarding road safety and to assist with this consideration accident statistics had been provided by Essex County Council. Members explored the need for road safety measures such as a vehicle activated sign at the Layer Road end of Berechurch Hall Road and a layby for the bus stop;
Martin Mason explained that Essex County Council could only ask the developer to mitigate the impact on the application before the Committee which was for 32 dwellings. When the larger scheme was brought forward, then a transport assessment would be required which would lead to more significant highway improvements and safety measures such as a central refuge island and possible half lay-by. The Development Manger agreed that the highways infrastructure provision required as a result of this particular application must be proportionate.
Concern was expressed that applications being submitted in small parcels made it difficult to look at the schemes as a whole. The Development Manager clarified that when the remainder of the site allocation comes forward the wider mitigation sought by the Committee should be delivered and was required by the site allocation policy. The Committee considered that an informative should be added advising that the applicant must make appropriate provision for effective traffic calming on Berechurch Road when bringing forward the remainder of the allocation, and that the Planning Officer should write to land owner and developer of the remainder of the allocation to stress the need for a Transport Assessment including full and effective mitigation of the highway impacts of the development including pedestrian safety and crossing points on Berechurch Hall Road.
RESOLVED (SEVEN voted FOR, TWO voted AGAINST) that –
(a)The application be approved subject to the signing of a legal agreement under Section 106 of the Town and Country Planning Act 1990 to secure the developer obligations identified, within 6 months from the date of the Committee meeting. In the event that the legal agreement is not signed within 6 months, to delegate authority to the Assistant Director Place and Client Services to refuse the application, or otherwise to be authorised to complete the agreement. The permission will also be subject to the conditions as set out in the report, the precise wording of which may also be amended under delegated authority and an additional condition to require the provision of a disabled parking space;
(b)further Informative advising that future applications for the remainder of the allocation pursuant to the allocation policy ref: SC1 must make appropriate provision for effective traffic calming on Berechurch Hall Road to ensure highway safety and safe access/egress for residents.
(c)Planning to write to land owner/promoter and developer of remainder of ELP allocation SC1 (Berechurch Hall Rd) to explain the policy requirement for a Transport Assessment and full and effective mitigation of highways' impacts of development including pedestrian safety and crossing points on Berechurch Hall Road.
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).