Agenda and minutes

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

The Chairman advised that the Committee was following the Council’s protocol regarding public participation and personally regretted that he could not allow more public participation on applications except as detailed in the protocols agreed by the Council.  He commented that in his view these protocols needed to be revisited to allow more views and expansive open dialogue.

The Chairman advised that as per the precedent of this Committee he would be suspending Procedure Rule 8(3) the requirement to stand when speaking.

Apologies for absence were received from Councillors B S Beale MBE, R G Boyce MBE, M W Helm, W Stamp CC and Mrs J C Stilts.

To confirm the Minutes of the meeting of the District Planning Committee held on 22 September 2022 (copy enclosed).

RESOLVED that the Minutes of the meeting of the District Planning Committee held on 22 September 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 interests as soon as they become aware should the need arise throughout the meeting).

Councillor Mrs J L Fleming disclosed a Registrable 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 from the Members’ Update that an amended Garden Strategy Plan had been submitted and a consultation response received from Heybridge Parish Council.  The Update also detailed a number of corrections to the Officers’ report and revision to proposed conditions to reflect the latest changes incorporated into the scheme.

Following the Officers’ presentation the Applicant, Mr Jamie McArthur on behalf of Bellway Homes addressed the Committee.

The Chairman moved the Officers’ recommendation of approval as set out in the report and Members’ Update.  This proposal was duly seconded.

The Chairman asked Officers to note a request that where an application site crossed different Parish boundaries that all Parish Councils were consulted.  Officers advised that this was in place.

A lengthy debate followed during which a number of questions were raised by Members and in response Officers provided the following clarifications:

·                 An Ecology report had been submitted with the application which set out all the biological enhancements proposed. 

·                 If the applicant wished to make any changes to materials proposed they would have to submit a variation to what was being assessed.

·                 The application for the relief road had been granted as part of a previous application and this included mitigation to overcome any harm caused by noise.  There was some discussion regarding additional noise mitigation relating to those houses adjacent to the relief road.  Members were advised that the level of mitigation required was in accordance with building regulations, however Officers felt more was required and therefore a condition had been included relating to this.

·                 Officers had sought clarification from the applicant to justify that the  ...  view the full minutes text for item 333.

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 a consultation response had been received from Burnham Town Council along with a further 70 letters of objection.  The Specialist: Development Management advised Members that since publication of the Members’ Update a further letter of objection had been received but the only additional comments made were in relation to prejudicing the emerging Local Plan and that elderly homes should be spread out and not all in Burnham-on-Crouch.  Officers had noted that could not be resolved, the application comments. 

The Officer reported that a Biodiversity Net Gain Assessment had been received and it concluded that the development had the potential for over 95% area (the wider area) biodiversity net gain and 20% linear (waterways and hedgerows) biodiversity net gain.  As there were a number of consultation responses that had not been received in relation to this application, Officers advised that the recommendation as set out in the report was made on the basis that no unresolvable objections were received prior to planning permission being issued.  Should there be issues raised by consultees that could not be resolved, the application would be brought back to the Committee.

Following the Officers’ presentation an objector Ms Coombes, Councillor Kevin Coles (on behalf of Burnham Town Council) and the Applicant Mr Rowe addressed the Committee.

The Chairman put the recommendation of approval as set out in the report to the Committee.  This proposal was duly seconded.

At this point the Chairman advised Councillor N J Skeens that he was unable to debate this application due to a lack of planning training.  In response, Councillor Skeens left the meeting at this point and commented that he had lost his democratic voice and requested that the Lead Specialist Place make suitable arrangements for training.

A lengthy debate followed during which Members raised a number of questions and some concern regarding the application.  In response, Officers highlighted information contained in the report and provided the Committee with detailed information, including:

·                 Clarification that the majority of the site was in flood zone 1, the runoff rate would be no greater than currently on the site and any areas at  ...  view the full minutes text for item 334.

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

Following the Officers’ presentation the Applicant, Mr Hartley-Bond addressed the Committee.

The Chairman moved the Officers’ recommendation of approval and this was duly seconded.

Councillor A S Fluker provided some further information regarding this application and the previous one and then proposed that the application be approved. 

Following some further discussion the Chairman put the proposed approval to the Committee and this was duly 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 solar panels / solar array hereby permitted shall not exceed the limits contained within the approved Development Zone Plan Reference LCS033- DZ-01 rev 10

3          No development shall commence until full details (which must be within the parameters set out in the submitted Planning Design and Access Statement dated June 2022 Ref 15115 and completed by DWD Property & Planning) of the final layout, locations and dimensions, design, materials and colour (where appropriate) to be used for the panel arrays, inverters, substation, control building, switch room, CCTV cameras, fencing and any other components of the scheme shall be submitted to and approved in writing by the Local Planning Authority (LPA).  The development shall only be carried out in accordance with the approved details and thereafter retained as such for the lifetime of the use.

4          Full details of the provision and subsequent retention of both hard and soft landscape works, including the boundary planting, on the site 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.  The details of the proposed landscaping shall include a vegetative screen.  These details shall include:

1.         Details of the proposed vegetative screen and soft boundary treatments (including schedules of species of trees and shrubs to be planted, planting layouts with stock sizes and planting numbers / densities) shall demonstrate that the species of trees and shrubs shall be capable of growing to a size, and density to provide the necessary screening of the site by the fifth year of the development.  The agreed vegetative screen shall be retained for the lifetime of the development.  The boundary treatment shall be completed in accordance with a timetable agreed in writing with the Local Planning Authority. Development shall be carried out in accordance with approved details.

2.  ...  view the full minutes text for item 335.