Agenda and minutes

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

Apologies for absence were received from Councillors V J Bell, M W Helm and N J Skeens.

To confirm the Minutes of the meeting of the Committee held on 19 May 2022, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 19 May 2022 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 interest as soon as they become aware should the need arise through the meeting).

Councillor W Stamp declared 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)*.

Following the Officers’ presentation the Agent, Mr Hancock addressed the Committee.

During the debate that ensued Members were reminded by Officers that the application sought an alteration to conditions, with the principle of development having been approved it could not be judged against any other criteria.

Councillor A S Fluker proposed that the Officers’ recommendation be approved.  This was duly seconded.

In response to questions raised Officers advised that:

·                 there were no horse riding routes or bridleways on the site.

·                 the approved layout plans detailed the maximum size and dimensions of the caravans on the site;

·                 condition 3 would ensure that no-one permanently lived on site following assessment of the flood risk and other factors as part of the previous related decision on this site.

In accordance with Procedure Rule No. 13 (3) Councillor W Stamp requested a recorded vote.  This was duly seconded.

The Chairman put the proposal of approval to the Committee and the voting was as follows:

For the recommendation:

Councillors B S Beale, R G Boyce, Mrs P A Channer and A S Fluker

Against the recommendation:

Councillors M G Bassenger and W Stamp.

Abstention:

Councillors R P F Dewick and A L Hull.

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

1                 The development hereby permitted shall be begun before the expiration of permission 18/00381/FUL, dated 13.09.2019.

2                 The development hereby permitted shall be carried out in complete accordance with approved drawings: ATS/537/03; 10955-0020-002; 10955-0001-007 (Dated January 2022); RCEF64080-SK002 REV B and RCEF64080-SK003 REV A.

3                 The development hereby permitted shall only be used ancillary to the caravan park proposed as shown on approved drawing 10955-0001-007 (Dated January 2022) and for no other purpose, including any type of residential accommodation, at any time.

4                 The proposed development shall be implemented in accordance with the forms of mitigation included in Ecology Survey Report (dated November 2018) and be retained as such in perpetuity.

5                 The use of the site hereby permitted shall be implemented in accordance with the Flood Warning and Evacuation Plan (dated 19.02.2019) submitted with this application. The Plan shall be made available to all users of the site at all times throughout the lifetime of this permission.

6                 No development shall be constructed during the wintering bird period between October – March inclusive.

7                 The foul drainage scheme to serve the development shall be implemented in accordance with the details approved under the  ...  view the full minutes text for item 179.

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

Councillor A S Fluker raised a point of order referring to Procedure Rule 21 (Suspension of Standing Orders) and asked that the applicant be allowed to address the Committee if he so wished.

In response, the Lead Specialist: Development Management provided an overview of the application and the recommendation from Officers.  Clarification was also provided at this time in relation to the Council’s Public Speaking Protocol.

Councillor Fluker proposed that Standing Orders be suspended, and the applicant be allowed to speak.  This was duly seconded.

Following further discussion the Chairman moved the proposal to suspend Standing Order.  Upon a vote being taken this was duly agreed.

Following the Officers’ presentation Mr Cole, the applicant addressed the Committee.  Members were reminded that they had to focus on the trees which were the subject of this applicant and anything outside of this was a personal opinion.

During the debate that followed concern about approving the proposed TPO was raised this included the height of the trees, existing life of the trees and effect on neighbours from debris etc.  It was also noted that the trees were within a Conservation Area.  The Officer highlighted that assessments had not shown that the arguments for the works had been justified and reminded Members of the need for consistency.

Councillor Fluker proposed that the TPO not be confirmed on the grounds that the trees were afforded enough protection by being in a Conservation Area, were reaching their end of life and would burden the owner of the property if they had to be replaced in the future because this would not alleviate the problems.  This proposal was duly seconded.

The Chairman put the proposal in the name of Councillor Fluker and upon a vote being taken this was duly agreed.

RESOLVED that Tree Preservation Order 3/22 not be confirmed for the reasons detailed above.

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

Members were advised by the Planning Officer that this application was dependent on confirmation of the Tree Preservation Order (TPO) being approved.  As this was not approved the application falls away any as the Council was unable to approve or refuse works on a tress which did not have a TPO.

It was clarified that any works to the tree would need to be via an application for works to Trees in a Conservation Area (TCA) which in accordance with legislation would be dealt with under delegated powers following a six week consultation period.  In response to questions raised the Officers clarified that conditions could not be added to a TCA.

Councillor W Stamp advised the Committee that the IT Team had finished works at the Burnham-on-Crouch Town Council offices to allow meetings of this Committee to return to the Town Council offices.