Agenda and minutes

The Chairman welcomed everyone present and went through some general housekeeping arrangements for the meeting.  Members’ attention was drawn to the Members’ Update circulated prior to the meeting and particularly that application NW6 22/00536/HOUSE – Carr House, Carters Lane, Wickham Bishops had been withdrawn by the Agent.

An apology for absence was receieved from Councillor R H Siddall.

To confirm the Minutes of the meeting of the Committee held on 15 June 2022, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 15 June 2022 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).

Councillors M F L Durham and Mrs J L Fleming disclosed a non-pecuniary interest as a Member of Essex County Council who were statutory consultees.

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

It was noted that a Members’ Update was circulated prior to the meeting that provided further details on floor space, staff numbers, parking provision and a number of amended conditions.  A verbal update was also provided that further minor amendments to the conditions recommended would be required if Members were minded to grant planning permission for the development.  Following the Officer’s presentation, an Objector, Ms Matthams and the CEO of Kismet Kebabs, Mr Devadasan addressed the committee.

The Chairman then introduced the Senior Specialist: Environmental Health Officer, in attendance to deal with any technical enquiries and invited Members to put their questions.

A lengthy discussion ensued covering a range of issues, the main concerns related to the adverse impact on neighbouring amenity due to noise and malodorous emissions as a result of an extractor that emitted directly into a residential garden.  At one point Members were minded to defer the application in order to have a site visit. However, it was acknowledged that the planning permission would allow for these issues to be addressed and therefore it was preferable not to delay the matter, which could, if delayed result in an appeal against non-determination.  It was further noted that planning permission needed to be in place in order for the applicant to comply with a Noise Abatement Notice. 

Councillor Durham proposed that the application be approved in accordance with the Officer’s recommendation and impose an additional condition requiring the relocation and ducting details of the offending extractor.  This was seconded by Councillor Stephens.  The exact wording of the condition to be delegated to Officers in consultation with the Chairman.  It was noted that the applicant was prepared to relocate the fan.

The Chairman put Councillor Durham’s proposal to the Committee and it was approved.

RESOLVED that the application (including subject to a Section 106 Agreement) be APPROVED subject to the conditions outlined in the report and the Members’ Update together  ...  view the full minutes text for item 150.

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

It was noted from the Members’ Update that this application had been WITHDRAWN.

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

It was noted that a Members’ Update had been circulated prior to the meeting that provided responses from Statutory Consultees.  Following the Officer’s presentation, the Agent, Ms Brown, addressed the Committee.  The Chairman then opened the discussion.

Councillor Durham, having called in the application said his position had changed since the previous submission.  The visible impact was significantly reduced in the new design, with safer access due to better visibility.  He proposed that the application be approved contrary to the Officer’s recommendation for the reason that the adverse impact on the rural surroundings was insignificant and a suitable condition be included that the driveway be compliant with Essex County Council Highways standards and no lighting to be included in the development.  It was further agreed that the  materials and design of n the gate and the access road and associated landscaping be conditioned along with applying the standard conditions, the Highways Authority conditions and an informative in respect of protection to the hedges adjoining the highway and the approved access.  This was seconded by Councillor Keyes.

The Chairman put Councillor Durham’s proposal to approve the application contrary to the Officer’s recommendation to the Committee and it was agreed.

RESOLVED that the application be APPROVED subject to standard conditions and additional conditions relating to highways safety, lighting and gate design.