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 D O Bown and W J Laybourn.

To confirm the Minutes of the meeting of the Committee held on 16 October 2024, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 16 October 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).

There were none.

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation, Miss Saunders an objector, Councillor Harold on behalf of Southminster Parish Council and Mr Dunston the Agent addressed the Committee.

Councillor A S Fluker proposed that if the Committee were minded to approve this application that a further condition be included in perpetuity to safeguard the boundary of the George V playing field. He raised some concerns referencing land ownership, highways issues, loss of amenity, design[1] and policies D1 and S8 of the Local Development Plan (LDP). Councillor Fluker then proposed that contrary to the Officers’ recommendation and in relation to the above policies D1 and S8¹ that the application should be refused. He advised should the applicant choose not to resolve these issues and proceed to public inquiry he would be happy to address the Planning Inspector as the Ward Member. This proposal was duly seconded.

During the lengthy debate that followed other Members raised a number of concerns regarding the application including effective use of the land, ecology, vehicle movements and removal of hedgerows to accommodate a footpath.

In response to the debate and it appearing that the Committee was mindful to overturn the Officer recommendation of approval, the Chairperson made reference to invoking the Constitutional Brake Clause (the Brake) as provided for in the Committee’s Operating Protocol. Guidance and advice was provided to the Committee in respect of this and the Team Manager-Development Management explained that that if it was invoked the Brake would allow Officers to consider and report back to a subsequent meeting of the Committee on all relevant implications of the proposed decision, including robust reasons for refusal.

The Chairperson advised that as Members were minded to overturn the Officer recommendation of approval she was therefore applying the Constitutional brake.

RESOLVED that the Constitutional Brake Clause be applied, and consideration of this application is therefore DEFERRED to the next meeting of the South Eastern Area Planning Committee.

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation, Mrs Theckson the applicant addressed the Committee.

Councillor A S Fluker supported the application and proposed that it be agreed. This was duly seconded and agreed.

RESOLVED that this 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 approved plans and documents as shown on the decision notice.

3          Full details of both hard and soft landscape works shall be submitted to and approved in writing by the local planning authority prior to any works occurring above ground level at the application site. These details shall include:

i.          Finished levels;

ii.         Means of enclosure, including gates;

iii.         Car parking layouts;

iv.        Vehicle and pedestrian access and circulation areas;

v.         Hard surfacing materials;

vi.        Indications of all existing trees and hedgerows on the land and identification of those to be retained; planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants noting species, plant supply sizes and proposed numbers/densities where appropriate. Specifically details of extensive planting to the western boundary to provide an appropriate buffer to the land to its west shall be provided

The details set out in (i) to (v) above shall be implemented as approved prior to occupation of the dwelling and retained thereafter. Soft landscape works, as required by (vi) above, shall be carried out as approved within the first available planting season (October to March inclusive) following the occupation of any part of the development hereby approved 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.

4          No development shall commence until fencing/ground protection to protect the hedges/shrubs to be retained has been erected in accordance with BS5837:2012, details of which shall have been submitted to the local planning authority for written approval. The protective fencing shall be erected before the commencement of any clearing, demolition and building operations and shall be retained until all equipment, machinery and surplus materials have been removed from the site.

The protective fencing shall be maintained until all equipment, machinery  ...  view the full minutes text for item 388.