Agenda and draft minutes

The Chairman welcomed everyone present and went through some general housekeeping arrangements for the meeting.

An apology for absence was received from Councillor K W Jarvis.

To confirm the Minutes of the meeting of the Committee held on 16 June 2021 (copy enclosed).

RESOLVED by assent that the Minutes of the meeting of the Committee held on 16 June 2021 be approved and confirmed.

To disclose the existence and nature of any Disclosable Pecuniary Interests, other Pecuniary Interests or Non-Pecuniary Interests relating to items of business on the agenda having regard to paragraphs 6-8 inclusive of the Code of Conduct for Members.

(Members are reminded that they are also required to disclose any such interests as soon as they become aware should the need arise throughout the meeting).

Councillor M F L Durham declared a non-pecuniary interest as a Member of Essex County Council, a statutory consultee on all planning related matters.

Councillor Mrs J L Fleming declared a non-pecuniary interest as a Member of Essex County Council, a statutory consultee on all planning related matters.

Councillor E L Stephens declared a non-pecuniary interest in Agenda item 6, 21/00415/FUL - Land North of Orchard Way, Mope Lane, Wickham Bishops, as she was an acquaintance of the OfficerArchitect[1].

To consider the report of the Director of Service Delivery (copy enclosed, Members Update to be circulated)*.

Following the Officer’s presentation, the Agent, Mr Chris Webber, addressed the Committee.

A debate ensued during which Members raised concerns regarding the lack of public consultation given the size of the commercial space involved and the sustainability of the development.

In response to comments raised, the Lead Specialist Place advised Members that the space had been marketed appropriately and that Planning Officers, on balance, considered that the benefits of the proposed development outweighed any harm. He added that this application was part of a larger site (14/01016/OUT) that had been found to be sustainable and acceptable for housing.

Following this discussion Councillor White proposed that the development was not sustainable as there were no facilities in the area. She further added that marketing of the site should be revisited as it was ineffectively marketed due to Covid. Councillor Fleming seconded the proposal as she was not convinced there was no demand for shops in the area.

There being no further discussion at this point, the Chairman put Councillor White’s proposal to the committee and it was lost.

The Chairman then put the Officer’s recommendation of approval to the Committee. Upon a vote being taken it was approved.

RESOLVED that the application be APPROVED subject to the following conditions:

1                 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2                 The development hereby permitted shall be carried out in complete accordance with approved drawings: H7408-3B-DE-611 Rev P1, H7408-3B-DE-621 Rev P1, H7408-3B-DE-622 Rev P1, H7408-3B-SO-625 Rev P1, H7408-3B-SP-600 Rev P1, H7408-3B-SP-610 Rev P1, H7408-3B-SP-620 Rev P1, H7408-3A-SP-001 Rev A, H7408-3A-SP-002, H7408-3A-SP-003, H7408-3A-SP-004, H7408-3A-SP-005, H7408-3A-SP-006, H7408-3A-SP-007, H7408-3A-SP-008, H7408-3A-SP-009, H7408-3A-SP-010, H7408-3A-SS-001 Rev A, JBA17 005-10 Rev D, JBA17/005-SK02 Rev B, Cycle-2A-CS-001 Rev A, 890372 RSK C ALL 02 01 01 Rev P04, 890372 RSK C ALL 04 01 01 Rev P04, 890372 RSK C ALL 05 01 01 Rev P04, 890372 RSK C ALL 05 02 01 Rev P05, 890372 RSK C ALL 06 01 01 Rev P04, B7X3DG-EL, B7X3DG1-FP, B7X3DG2-FP, H436-ELR, H436-FL, H469-EL, H469-FL, H421-EL, H421-FP, P341-BW-EL, P341-BW-FL, P204-FP-EL, SH50-FP-EL, SF58/59-FP-EL-DET, SH73-EL, SH73-FP.

3          The materials used in the external construction of the development hereby approved shall be as set out within the application form and plans

4          Within the first available planting season (October to March inclusive) following the occupation of the development the landscaping works as shown on plan references JBA17 005-10 Rev D and JBA17/005-SK02 Rev B and specifications attached to and forming part of this permission shall be fully implemented. If within a period of five years from the date of the planting of any tree or plant, or any  ...  view the full minutes text for item 148.

To consider the report of the Director of Service Delivery (copy enclosed, Members Update to be circulated)*.

Following the Officer’s presentation, Wickham Bishops’ Parish Councillor Ian Wardrop, and the Agent, Ms Karen Fardell, addressed the Committee.

There was overall support for the application from the start of the debate. As a result of this the Chairman moved the Officer’s recommendation to approve the application and this was seconded by Councillor Morley.

Prior to putting the recommendation to the vote Councillor Durham indicated a wish to speak. He said that although the application did not meet recognised housing need it did fit the street scene which was predominantly large houses and that smaller dwellings would appear incongruous. He said he took on board the Parish Council’s concerns, however, it was with a heavy heart he was supporting the application this time round as without a 5 year housing land supply and given the decision of the committee last time round, which was a material planning consideration, the Council would be in a difficult situation should it be refused.

Councillor Siddall concurred with Councillor Durham and asked about preservation of the orchard. The Officer assured the Committee that this was covered under conditions11, 12 and 15 respectively.

There being no further discussion the Chairman put the Officer’s recommendation to approve the application to the Committee. Upon a vote being taken it was unanimously approved.

RESOLVED that the application be APPROVED subject to the following conditions:

1         The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2         The development hereby permitted shall be carried out in accordance with the following approved plans and documents: 2019/loc01, 2019/02, 2019/03, 2019/04, 2019/05, 2019/06, 2019/07 and 2019/08

3         The materials used in the construction of the development hereby approved shall be as set out within the application form/plans hereby approved.

4         Prior to the occupation of the dwelling hereby approved, full details of both hard and soft landscape works shall be submitted to and approved in writing by the local planning authority and these works shall be carried out as approved.  These details shall include, for example:

                     i.            Proposes finished levels contours;

                    ii.            Hard surfacing materials;

                  iii.            Planting details. 

The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the occupation of the development unless otherwise agreed in writing by the local planning authority.  If within a period of five years from the date of the planting of any tree or plant, or any tree or plant planted in its replacement, is removed, uprooted, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another  ...  view the full minutes text for item 149.

To consider the report of the Director of Service Delivery (copy enclosed, Members Update to be circulated)*.

A Members’ Update had been circulated prior to the meeting that detailed additional consultations and representations, including 15 letters in support of the application.

Following the Officer’s presentation, the Applicant, Ms Katy Strathern, addressed the Committee.

The chairman opened the debate and a discussion ensued during which Members commented on the access to local amenities, sustainable development and how the application was partially retrospective as work had already begun to the adjoining barn which had been granted planning permission at Committee on the 11 February 2021.

The Lead Specialist Place reminded Members that if approval was granted for the reason that development had already started that would set a dangerous precedent as a reason for approval.

Having spoken earlier in favour of the application Councillor Miss S White proposed that the application be approved, contrary to the Officer’s recommendation, for the reason that the development was sustainable. This was duly seconded by Councillor J V Keyes.

The Chairman put Councillor White’s proposal to approve the application contrary to the Officer’s recommendation and for the aforementioned reason to the committee. Upon a vote being taken it was approved.

RESOLVED that the application be APPROVED subject to conditions delegated to Officers in consultation with the Chairman.

1.   The development is considered to be located in a sustainable location, taking into account the recent Council’s decision to approve a similar development on the adjacent site (Application reference number: 20/01154/FUL) and appeal decisions in the surrounding area. Furthermore, consideration has been given to the proposed formation of a footpath and the additional parking spaces introduced since the refusal of application 20/00310/FUL. Moreover, it is considered that the development would not be harmful to the rural character of the area.