Agenda and minutes

The Chairperson welcomed everyone to the meeting and went through some general housekeeping arrangements for the meeting.

Apologies for absence were received from Councillors M F L Durham CC and J C Hughes.

To confirm the Minutes of the meeting of the Committee held on 7 February 2024, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 7 February 2024 be approved and confirmed.

To disclose the existence and nature of any Disclosable Pecuniary Interests, Other Registrable interests and Non-Registrable Interests relating to items of business on the agenda having regard to paragraph 9 and Appendix B 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 S White declared that she knew the applicant in Agenda Item 5. 23/00468/FUL - Land between Thiseldome and Buller Lodge, Buller Road, North Fambridge and the applicant for Agenda Item 6. 23/01109/FUL - Land North East of Honeywood Farm Honeypot Lane Purleigh as they were a member of Stow Maries Parish Council.

Councillor E L Stephens declared a non-registerable interest in Agenda Item 7. 23/01234/FUL - Land North of Orchard Way, Mope Lane, Wickham Bishops and  further declared that she would leave the Council Chamber for this item.

Councillor L L Wiffen declared an interest in Agenda Item 6. 23/01109/FUL - Land North East of Honeywood Farm Honeypot Lane Purleigh as she was a member of Stow Maries Parish Council.

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

Following the Officer’s presentation, the Chairperson opened the floor for debate.

Councillor S J N Morgan proposed that the application be approved in line with the Officer’s recommendation which was duly seconded and when put to a vote was agreed.

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: BR02 - B, BR02rm - A, BRO3.

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

4          Notwithstanding the provisions of Part 1 to Schedule 2 of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking or re-enacting that Order) no garages, extensions (including upwards extensions) or separate buildings etc (other than incidental outbuildings not exceeding 10 cubic metres in volume) shall be erected within the site without planning permission having been obtained from the Local Planning Authority.

5          Prior to the first occupation of the development, cycle parking shall be provided in accordance with the EPOA Parking Standards. The approved facility shall be secure, convenient, covered and retained at all times.

6          Prior to first occupation of the development, the Developer shall be responsible for the provision, implementation and distribution of a Residential Information Pack for sustainable transport, approved by Essex County Council, to include six one day travel vouchers for use with the relevant local public transport operator. These packs (including tickets) are to be provided by the Developer to the dwelling free of charge.

7          No development works above ground level shall occur until details of the surface water drainage scheme to serve the development shall be submitted to and agreed in writing by the Local Planning Authority. The agreed scheme shall be implemented prior to the first occupation of the development. The scheme shall ensure that for a minimum:

1) The development should be able to manage water on site for 1 in 100-year events plus 40% climate change allowance.

2) Run-off from a greenfield site for all storm events that have a 100% change of occurring each year (1 in 1 year event) inclusive of climate change should be no higher than 10/ls and no lower than 1/ls. The rate should be restricted to the 1 in 1 greenfield rate or equivalent greenfield rates with long term storage (minimum rate 1/ls) or 50% betterment of existing run off rates on brownfield sites (provided this does not result in  ...  view the full minutes text for item 522.

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

Following the Officer’s presentation, Mrs Foley, the Agent addressed the Committee.

Councillor S White having called-in the application, proposed that the application be approved contrary to the Officer’s recommendation as she felt it conformed with policies E4 and E5 of the Local Development Plan (LDP) and this was seconded by Councillor S J N Morgan.

During the debate that ensued and in response to questions raised by Members, Officers provided the following responses:

·        That Officers couldn’t support approval of the application due to relevant information not being submitted to demonstrate that there was an identified need of such tourist accommodation and facility in the area.

·        If Members approved the application contrary to the Officer’s recommendation, they would be able to add a condition to secure a Recreational Disturbance Avoidance and Mitigation Strategy (RAMS) contribution from the applicant subject of a signed Section 106 agreement.

Councillor E L Stephens proposed to amend Councillor White’s proposal to include a condition to secure a RAMS payment.

Councillor White amended her earlier proposal to include a condition to secure a RAMS payment from the applicant.

Officers confirmed that a Unilateral Undertaking (UU) would need to be incorporated and signed by the applicant in order to secure the RAMS payment.

Officers brought Members attention an appeal that had similar rates of occupancy of that demonstrated by this application to which the Inspector said they weren’t sufficient to demonstrate a need. The site didn’t have any ancillary links making the holiday lets a standalone accommodation and the location being unsustainable.

There being no further discussion the Chairperson put the proposal to approve the application, contrary to the Officer’s recommendation, subject to a UU for RAMS to the Committee and upon a vote being taken this was agreed.

RESOLVED that the application be APPROVED subject to a Unilateral Undertaking for RAMS with conditions delegated to Officer’s in consultation with Chairperson. Should the applicant fail to submit the Unilateral Undertaking in a manner to be satisfactorily approved, the committee agreed the application can be refused for this reason alone in consultation with the Chairperson.

At this point of the meeting Councillor Stephens left the Chamber in accordance with her earlier declaration.

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

Following the Officer’s presentation, the Chairperson declared that the Agent, Mr Plater, was the Chairperson of the Parish Council within her Ward. Mr Plater, the Agent addressed the Committee.

The Chairperson, from the Chair proposed that the application be approved in accordance with the Officer’s recommendation and this was duly seconded.

Following a brief discussion, the Chairperson put the proposal to approve the application to the Committee and upon a vote being taken this was agreed. Councillor S J Morgan asked that it be noted that he did not vote on this application.[1]

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: 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 dwelling hereby approved shall be as set out within the application forms/plans hereby approved.

4          Prior to the commencement of development above slab level, full details of the provision and subsequent retention of both hard and soft landscape works on the site 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:

i.          Proposes finished levels contours;

ii.         Hard surfacing materials;

iii.         Details of proposed schedules of species of trees and shrubs to be planted, planting layouts with stock sizes and planting numbers and densities.

iv.        Details of a planting scheme implementation programme, including ground protection and preparation, weed clearance, stock sizes, seeding rates, planting methods, mulching, plant protection, staking and/or other support.

v.         Details of the aftercare and maintenance programme for a minimum of 5 years from the implementation of the schemes. 

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 tree or plant of the same species and size as that originally planted shall be planted in the same place, unless the Local Planning Authority gives its written consent to any variation.

The hard landscape works shall be carried out as approved prior to the  ...  view the full minutes text for item 524.

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

Following the Officer’s presentation, the Chairperson opened the floor for debate.

Councillor S White proposed to defer confirming the Tree Preservation Order (TPO) to allow further investigation to be completed on the tree health, this was not seconded.

In response to issues raised Officers referred to paragraphs 5.5 and 5.5.1 of the report in which the third-party consultant’s assessment indicated new wood could be seen forming and that felling the tree prior to further investigation and tree works would be a premature course of action. Officers concluded by reminding Members that the reason for this TPO was to provide the necessary protection so that if any further assessment takes place and it is found that the tree needs to be felled then there can be a replacement tree put in its place.

Councillor R H Siddall then proposed that the TPO be confirmed in accordance with the Officer’s recommendation and this was duly seconded.

Councillor S J N Morgan proposed to refuse the TPO contrary to the Officer’s recommendation which was seconded by Councillor S White.

The Chairperson then put Councillor Siddall’s proposal to the Committee, and upon a vote being taken it was agreed.

RESOLVED that the Tree Preservation Order be CONFIRMED without any modifications.