Agenda and draft minutes

North Western Area Planning Committee - Wednesday 16th December 2020 6.00 pm

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Contact: Committee Services 

Media

Items
No. Item

134.

Chairman's notices

Minutes:

The Chairman welcomed everyone to the remote meeting, held under new regulations which came into effect on 4 April 2020 in response to the COVID-19 pandemic.  She took Members through some general housekeeping issues, together with the etiquette for the meeting and then asked Officers present to introduce themselves.

 

This was followed by a roll call of all Members present.

 

The Chairman notified the Committee that Planning Application 20/01021/FUL – Land Rear of Hill Barn Rectory Lane, Woodham Mortimer had been withdrawn due to technical issues.

135.

Apologies for Absence

Minutes:

There were none.

136.

Minutes of the last meeting pdf icon PDF 137 KB

To confirm the Minutes of the meeting of the Committee held on 18 November 2020, (copy enclosed).

Minutes:

RESOLVED by assent that the Minutes of the meeting of the Committee held on 18 November 2020 be approved and confirmed.

137.

Disclosure of Interest

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).

 

Minutes:

Councillor R H Siddall disclosed a non-pecuniary interest as a resident of Little Totham and as the Chairman of Little Totham Parish Council in relation to Agenda Item 5.

 

Councillor M F L Durham declared a non-pecuniary interest in all items on the agenda as a Member of Essex County Council who were statutory consultees on a variety of matters relating to the Planning process.

 

Councillor Mrs M E Thompson declared a non-pecuniary interest as she was acquainted with many people speaking tonight through Parish Council work, particularly in relation to Agenda Items 7 and 8.

 

Councillor J V Keyes declared a non-pecuniary interest in relation to Agenda Items 9 and 11 as he sits on Great Totham Parish Council.

 

Councillor C Morris joined the meeting at this point.

138.

20/00493/FUL - Land South Of Beckingham Business Park, Beckingham Street, Tolleshunt Major pdf icon PDF 790 KB

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

Additional documents:

Minutes:

Application Number

20/00493/FUL

Location

Land South Of, Beckingham Business Park, Beckingham Street, Tolleshunt Major

Proposal

Erection of 13No. Business & General Industrial Units (Use Classes B1b, B1c and B2), Office Block (Use Class B1a) and Cafe (Use Class A3), complete with related infrastructure including road, parking spaces, drainage, landscaping and ecological area

Applicant

Mr J. Baker - Beckingham Business Park Developments Limited

Agent

Mr Chris Loon - Springfields Planning And Development

Target Decision Date

11.09.2020 EOT 25.11.2020

Case Officer

Julia Sargeant

Parish

TOLLESHUNT MAJOR

Reason for Referral to the Committee / Council

Major Application

Member Call in by Councillor R H Siddall – reasons for call-in:

S1 sustainable development, D1 its scale and design, S8 settlement boundary, and the impact on highways and transport

 

A Members’ Update had been circulated prior to the meeting that detailed further correspondence from the Agent, representation received from Tolleshunt D’Arcy Parish Council, two further letters of objection and updated Conditions 2 and 25.

 

Following the Officer’s presentation the Chairman invited an Objector Mr Antony Payne, Tolleshunt Major Parish Council representative Councillor Karen Neath, and the Agent Chris Loon, to address the Committee.

 

The Chairman moved the Officers recommendation as set out in the report and this was duly seconded.

 

At this point, the Chairman reiterated that Application 20/01021/FUL – Land Rear of Hill Barn, Rectory Lane, Woodham Mortimer (Agenda Item 10) had been withdrawn due to technical issues and apologised to all those who had attended for this item. 

 

A lengthy debate ensued, and in response to a number of comments the Lead Specialist Place referred Members to the Officer’s’ report and advised that any concerns relating to existing arrangements could not be dealt with through the planning process.  In respect of reasons for refusal no objection had been made by Essex County Council , the Council had no green belt, proposed car parking was above required standards and a reason based on sewage and foul water could not be robustly defended at appeal (proposed condition 25 sought to deal with this matter).

 

The Chairman then put the Officer’s recommendation of approval to the Committee and upon a vote being taken the motion was declared lost.

 

Having spoken against the application, highlighting a number of concerns, Councillor R H Siddall proposed that the application be refused, contrary to the Officer’s’ recommendation.  He provided specific reasons for refusing the application but following advice from the Lead Specialist Place amended these to one reason.  That given the application was contrary to policy S8 as it had an impact on the character of the area, policies D2 and N2 due to the impact, scale and density of the development, would not fit within its surround area and the density of the design.  This was duly seconded and it was agreed that the wording would be delegated to Officers in consultation with the Chairman and Ward Members.  Upon a vote being taken this was agreed.

 

RESOLVED that the application be REFUSED for the reasons as agreed above.

 

Councillor Mrs  ...  view the full minutes text for item 138.

139.

20/00954/FUL - Barns at Lower Farm, Blind Lane, Tolleshunt Knights pdf icon PDF 591 KB

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

Additional documents:

Minutes:

Application Number

20/00954/FUL

Location

Barns at Lower Farm, Blind Lane, Tolleshunt Knights

Proposal

Conversion of barns to dwelling

Applicant

Mrs N Gudgeon

Agent

Mr G Clark - Clark Partnership

Target Decision Date

18.12.2020

Case Officer

Hayleigh Parker-Haines

Parish

TOLLESHUNT KNIGHTS

Reason for Referral to the Committee / Council

Departure from Local Plan

 

A Members’ Update had been circulated that advised the Applicant had completed a Section 106 agreement in relation to the Essex Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) and as a result Section 8 had been amended accordingly.

 

The Chairman moved the Officers’ recommendation as set out in the report.  This was duly seconded and upon a vote being taken 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 complete accordance with approved drawings: 20/1609/00, 20/1609/01, 20/1609/02A, 20/1609/03, 20/1609/04, 20/1609/05, 20/1609/06, 20/1609/07, 20/1609/08, 20/1609/09, 20/1609/10, 20/1609/11, 20/1609/12 and 20/1609/13A

3.         Prior to their use in the development hereby approved, details or samples of the materials to be used in the construction of the external surfaces, including windows and doors, of the development hereby approved shall have been submitted to and approved in writing by the local planning authority.  The development shall be carried out in accordance with the approved details.

4.         Prior to the occupation of the development hereby approved details of the boundary treatment of the site shall be submitted to and approved in writing by the Local Planning Authority.  The boundary treatment shall be provided prior to the occupation of the dwelling hereby approved in accordance with the approved details and be retained as such in perpetuity.

5.         Prior to the occupation of the development details of both hard and soft landscape works to be carried out shall have been submitted to and approved in writing by the Local Planning Authority.  These details shall include the layout of the hard landscaped areas with the materials and finishes to be used and details of the soft landscape works including schedules of shrubs and trees to be planted, noting the species, stock size, proposed numbers/densities and details of the planting scheme's implementation, aftercare and maintenance programme.

 

The hard landscape works shall be carried out as approved prior to the beneficial occupation of the development hereby approved unless otherwise first agreed in writing by the Local Planning Authority. 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 first 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  ...  view the full minutes text for item 139.

140.

20/00955/FUL and 20/00956/LBC - Bohuns Byre Church Street, Tollesbury pdf icon PDF 1 MB

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

Minutes:

Application Number

20/00955/FUL & 20/00956/LBC

Location

Bohuns Byre Church Street Tollesbury

Proposal

Conversion, renovation and extension to historic barn to create 2 bedroom house.

Applicant

Mrs Katherine Brown

Agent

Ms Annabel Brown - Annabel Brown Architect

Target Decision Date

16.11.2020 EOT 18.12.2020

Case Officer

Hannah Bowles

Parish

TOLLESBURY EAST

Reason for Referral to the Committee / Council

Member Call In from Councillor E L Bamford for

Departure from Local Plan

 

Following the Officer’s presentation, the Chairman advised that she agreed for a statement from an Objector, Mr Matthew Byatt to be read out.  Following this the Agent, Ms Annabel Brown addressed the Committee.

 

In response to a debate and comments raised, the Lead Specialist Place provided information on a number of points including the lack of a Five Year Housing Land Supply (5YHLS), marketing, use of the adjoining site, the proposed scale of the dwelling etc.  He advised that conditions could be imposed to address concerns around trees and ground contamination. 

 

The Chairman moved the Officer’s recommendation that the application be approved with the additional two conditions as advised by the Lead Specialist Place.  This was duly seconded but upon a vote being taken was declared lost.

 

The Chairman proposed that the application be refused, contrary to the Officer’s’ recommendation.  Following a discussion regarding reasons for refusal it was agreed that the reason for refusal should relate to a lack of evidence with the precise wording delegated to Officers in consultation with the Chairman and Ward Members.  This was duly seconded and upon a vote being taken was agreed.

 

At a later point in the meeting the Lead Specialist Place advised that a separate decision in relation to the Listed Building application for this site was required.  The Chairman proposed that the Listed Building application (20/00956/LBC) be refused for the reason that there was not optimum viable use of the building.  This proposal was duly seconded and upon a vote being taken was agreed.

 


RESOLVED

 

20/00955/FUL:

 

(i)              that the application be REFUSED subject to the reason as detailed above with the wording delegated to Officers in consultation with the Chairman and Ward Members;

 

20//0956/LBC

 

(ii)            that Listed Building Consent be REFUSED subject to the reason as detailed above with the wording delegated to Officers in consultation with the Chairman and Ward Members.

 

Councillor C Swain joined and Councillor Mrs P A Channer, CC left the meeting during this item of business.

141.

20/00974/HOUSE - 19 Blind Lane, Goldhanger pdf icon PDF 554 KB

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

Minutes:

Application Number

20/00974/HOUSE

Location

19 Blind Lane, Goldhanger

Proposal

Double garage with room in roof to the front of existing dwellinghouse

Applicant

Wells

Agent

Paul Lonergan - Paul Lonergan Architects

Target Decision Date

19.11.2020

Case Officer

Hannah Bowles

Parish

GOLDHANGER

Reason for Referral to the Committee / Council

Member Call In from Councillor M E Thompson - Reason: Goldhanger Parish Council has asked me to call this in as they support the application.  The relevant policy is D1, in particular items a & b.

 

Following the Officer’s presentation, Councillor Elaine Wells speaking on behalf of Goldhanger Parish Council addressed the Committee.

 

The Chairman moved the Officer’s’ recommendation that the application be refused for the reasons as detailed in Section 8 of the report.  This was duly seconded.

 

A debate ensued during which a number of Members commented on the design, appearance and impact of the proposed dwelling.  In response to a question regarding personal circumstances, the Lead Specialist Place provided additional information and guidance.

 

 

The Chairman then put the Officer’s recommendation to refuse the application to the Committee and upon a vote being taken it was declared lost.

 

The Chairman then proposed that the application be approved, contrary to the Officer's recommendation, for the reason that the impact on the countryside and street scene would not cause significant harm, subject to conditions as delegated to Officers.  This was duly seconded and upon a vote taken it was agreed. 

 

RESOLVED that the application be APPROVED subject to conditions delegated to Officers.

 

Councillor M G Bassenger joined the meeting during this item of business.

142.

20/01000/OUT - Building at The Old Dairy, Broad Street Green Road, Great Totham pdf icon PDF 658 KB

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

Additional documents:

Minutes:

Application Number

20/01000/OUT

Location

Building at the Old Dairy, Broad Street Green Road, Great Totham

Proposal

Replacement of a commercial building with up to three dwellings

Applicant

Mr Lawson

Agent

Peter Le GrysStanfords

Target Decision Date

15.12.2020

Case Officer

Hayleigh Parker-Haines

Parish

GREAT TOTHAM

Reason for Referral to the Committee / Council

Member call in from Councillor J V Keyes

Reason: S1, S8, E1 and H4

 

A Members’ Update had been circulated prior to the meeting that detailed representation received from Great Totham Parish Council.

 

During the Officer’s presentation a verbal update regarding legal agreement had been provided to overcome the third reason for refusal.  However proof of the checking fee had not been provided and therefore Officers proposed that reason for refusal 3 remained. 

 

A debate ensued around the brownfield site, its status as employment land and its location in relation to nearby housing estates.  In response to Members questions the Lead Specialist Place confirmed that the site was currently in use as B1 employment land and could be adjacent to a household without causing harm.

 

The Chairman then moved the Officer’s recommendation that the application be refused for the reasons as set out in section 8 of the report.  This was duly seconded and upon a vote being taken the motion was declared lost.

 

Reasons for approval were discussed.  The Lead Specialist Place advised Members there was a need to have regard to reasons for refusal as well as the sites planning history, that it was not within a settlement boundary and the loss of employment land.

 

In response to the debate the Lead Specialist Place advised the Committee it could defer consideration of this application to its next meeting and Officers provide additional information but new information could not be brought into the reason for approval.

 

Councillor M F L Durham, proposed that the Committee defer the application for further information, this was duly seconded.  Upon a vote being taken the motion was declared lost.

 

Councillor J V Keyes proposed that the application be approved, contrary to the Officers’ recommendation and gave reasons for approval.  This was duly seconded.  Reasons for approval were discussed, guidance provided by Officers and the Chairman clarified that the reason for approval was that the gain of the three dwellings outweighed the loss of employment land.  The Chairman put the proposed approval to the Committee for the reason outlined.  Prior to voting on this the Lead Specialist Place suggested that conditions be delegated to Officers in consultation with the Chairman and Ward Members.  Upon a vote being taken this was duly agreed.

 

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

143.

20/01021/FUL - Land Rear of Hill Barn Rectory Lane, Woodham Mortimer pdf icon PDF 624 KB

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

Minutes:

Application Number

20/01021/FUL

Location

Land Rear Of Hill Barn Rectory Lane, Woodham Mortimer

Proposal

Proposed conversion of existing equestrian/storage buildings to form offices (Use Class E(g) formally B1) alongside access, parking, landscaping and other associated development.

Applicant

Mr Mervyn Clark

Agent

Mr Lindsay Trevillian - Phase 2 Planning Ltd

Target Decision Date

03.12.2020 EOT 18.12.2020

Case Officer

Hannah Bowles

Parish

WOODHAM MORTIMER

Reason for Referral to the Committee / Council

Member Call In from Councillor M F L Durham, CC - Reason: This is an employment opportunity which complies with elements of the Local Development Plan (LDP).

Departure from Local Plan

 

Following the Chairman’s earlier announcement, it was noted that this item had been withdrawn.

144.

20/01083/HOUSE - Fir Trees, Maldon Road, Tiptree pdf icon PDF 525 KB

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

Minutes:

Application Number

20/01083/HOUSE

Location

Fir Trees, Maldon Road, Tiptree

Proposal

Rear two storey extension

Applicant

Mr A McCheyne

Agent

Paula Robertson – Plater Claiborne Architects

Target Decision Date

18.12.2020

Case Officer

Hayleigh Parker-Haines

Parish

GREAT TOTHAM

Reason for Referral to the Committee / Council

Member call in from Councillor R H Siddall

Reason: S1, H7, S8 and D1

 

Following the Officer’s presentation, the Applicant, Mr Alan McCheyne, addressed the Committee.  The Chairman then moved the Officer’s recommendation of refusal and this was duly seconded.

 

During the discussion that ensued the Lead Specialist Place provided guidance on developments within the countryside, agricultural ties and how such dwellings were only allowed in exceptional circumstances. 

 

The Chairman then put the Officer’s recommendation of refusal to the Committee and upon a vote being taken it was declared lost.

 

Councillor R H Siddall proposed that the application be approved, contrary to the Officer’s recommendation, for the reason it had been demonstrated the 87 requirements had been met by the applicant to ensure the agricultural land could be worked effectively and accommodate that need.  This was duly seconded.

 

The Chairman put Councillor Siddall’s proposed approval of the application to the Committee advising that should it be mindful to agree this conditions would be delegated to Officers.  Upon a vote being taken this was agreed.

 

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