Agenda and minutes

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

At this point and with the permission of the Chairperson, Councillor W J Laybourn made a short statement apologising to Officers for remarks she had made at a previous Committee meeting.

The Chairperson advised that for this meeting he was suspending Procedure Rule 4(8)3, the requirement to stand when addressing the Chairperson.

Apologies for absence were received from Councillors M F L Durham CC, J C Hughes, N R Miller, R H Siddall and J C Stilts.

To confirm the Minutes of the meeting of the District Planning Committee held on 6 September 2023 (copy enclosed).

RESOLVED that the Minutes of the meeting of the District Planning Committee held on 6 September 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 Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

The Members’ Update sought to amend paragraphs 3.1.17 and 3.1.18 of the report and add in a section regarding pre-commencement conditions, this was noted.  Amendments to conditions 5 and 18 were also detailed and noted.

Prior to her presentation of the application to Members, the Principal Planning Officer advised the Committee of an error in the information submitted with the application, the amount of electricity the solar farm would produce would power approximately 5,200 homes per year and offset approximately 4,200 tonnes of CO₂ per year (this was different to what was provided in the report).

An objector, Ms Middleton and the applicant, Mr Howie then addressed the Committee.

The Chairperson moved the recommendation of approval as set out in the report, but this was not seconded.

A lengthy debate ensued and in response to some queries raised the following information was highlighted:

·                  In respect of biodiversity it was not necessary for this information to be provided prior to the approval of the development.  Specialist advice from Essex County Council Ecology had been taken.

·                  The ancient woodland was not within the application site boundary and therefore it was not possible to require biodiversity net gain / diversity improvements as the woodland was not within the ownership or control of the applicant.

·                  Any disruption caused by the construction of the proposed development would be temporary and a construction management plan would ensure any disruption was minimised.

·                  The application site was 140m at its closest point to the dwelling at The Crib.  The Officer commented that the solar farm, being a low lying and quiet development, may be visible but not necessarily harmful.  A number of Members expressed concern regarding the proximity of the proposed development to The Crib including in relation to potential glint and glare.

·                  In response to concerns raised an assessment looking at the impact on the Stow Maries Great War Aerodrome had been undertaken and no harm was found to justify refusal of planning permission.

Following the debate the Chairperson put the Officers’ recommendation of approval to the Committee.

Councillor A S Fluker proposed that the application be refused, contrary to Officers’ recommendation, under Policy D1 as it had not been demonstrated that the harm the development would cause was outweighed by its benefits in this case.  He further clarified that this was particularly in relation to the impact of the proposal on The Crib.  This proposal was duly seconded and upon a vote being taken was agreed.

RESOLVED that this application be REFUSED subject to reasons delegated to Officers in consultation with the Chairperson.

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

The Head of Service: Development Management and Building Control drew Members’ attention to a late update that had been circulated in relation to this application.  The Update advised that paragraph 5.11.1 of the report should be deleted as it did not reflect the Council’s current position in that the Local Plan Policies were not considered to be out of date and therefore the tilted balance was not engaged.

Following the Officer’s presentation, the Agent Mr Rowe addressed the Committee.

The Housing Development and Allocations Manager then provided Members with a detailed update regarding independent extra care living / older person’s housing advising of the work the Council had been undertaking with the Head of Extra Care at Essex County Council (ECC) and Housing Associations to get extra care into the District.  The Officer outlined some of the difficulties being faced by Housing Associations and concerns regarding running an extra care housing scheme.  It was confirmed that Officers supported this scheme and it was noted that the commuted sum offered would enable the Council to carry out other affordable housing projects across the District.

During the lengthy debate that followed Officers provided the Committee with further information relating to the scheme.

Councillor T Fittock proposed that the application be approved, subject to a change to the description to include affordable housing.  In response the Chairperson advised the Committee that there was already a proposal on the table which had been duly seconded. 

The Chairperson then withdrew his earlier proposition to accept the Officers’ recommendation of approval.

Councillor Fittock repeated his earlier proposals that the application be approved subject to a change to the description to include affordable housing and clarification regarding whether affordable housing was to be provided on-site or in the form of a commuted sum.  The Head of Service: Development Management and Building Control advised that the Committee could not unilaterally change the description of a development that had been applied for.  In response to further discussion the Principal Planning Officer provided reassurance that the Section 106 Agreement would ensure that affordable housing obligations were met before all of the market housing had been provided but the exact triggers had yet to be agreed.  The Head of Service – Housing and Community Safety gave assurance to the Committee that there was a Registered Provider who was in advance discussions with the developer to take on 20no. affordable units.

Councillor A S Fluker referred to comments from Officers and his understanding from this that the Council could agree the Officers’ recommendation  ...  view the full minutes text for item 437.

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

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

During the discussion, the Principal Planning Officer explained that following approval of the previous application option 2 as detailed in the report no longer applied.  She advised that the options included in the Officers’ recommendation were aimed at providing flexibility for the Council’s solicitor in drafting the modification to the Section 106 Agreement to secure the best legal outcome.  In response to a question, Members were advised that payment of the first instalment of the commuted sum based on anticipated build-out rates could be fairly soon.

The Chairperson then put the Officers’ recommendation as set out in the report.  This was duly seconded and upon a vote being taken was agreed.

RESOLVED that the variation of affordable housing obligations within the existing Section 106 Agreement associated with planning permission reference 18/00443/OUT for Phase 1 be APPROVED to allow the substitution of the approved 50no. assisted living extra care, on-site residential units with 8no. on-site units proposed as part of application reference 23/00853/FULM (Block A) and a commuted sum for the equivalent off-site provision of the balance of 42no. assisted living extra care affordable units OR substitution of the approved 50no. assisted living extra care, on-site residential units with 20no. on-site units proposed as part of application reference 23/00853/FULM (Block A) and a commuted sum for the equivalent off-site provision of the balance of 30no. assisted living extra care affordable units.

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 two further letters of objection had been received.

During her presentation the Principal Planning Officer advised Members of a response from the Lead Local Flood Authority and as a result of this an amendment to proposed condition 9.  The Officer outlined the proposed change to this condition which resulted in removal of the requirement for a management plan and inclusion of a requirement to check pipe works prior to commencement. 

The Agent, Ms Hindle then addressed the Committee.

In response to questions raised, the Officer advised there was no provision for bridleways, solar panels for each development were included within the application but not conditioned and confirmed that details of biodiversity net gain had been provided.

Councillor A S Fluker proposed that the application be approved, as per Officers’ recommendation, subject to the addition of a condition for the provision of solar panels.  This proposal was duly seconded.  Councillor Fluker confirmed that this proposal also included the revision to condition 9.

Councillor W Stamp expressed some concerns regarding the application and advised she would not be voting on this application due to living close to the site.

The Chairperson then put the proposal in the name of Councillor Fluker to the Committee and this was duly agreed.

RESOLVED that this application be APPROVED subject to the applicant entering into a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the following planning obligations and subject to the following conditions:

Heads of Terms for Section 106 Agreement:

Affordable Housing:

13no. Affordable Housing units (35.14%) comprising the mix and tenure split (70% affordable rent and 30% shared ownership) as set out on drawing PCHL-2A-SP-009 Rev. A.

Healthcare:

A financial contribution of £18,400 in order to increase capacity for the benefit of patients of the Primary Care Network operating in the area, through any combination of extension, reconfiguration or relocation of premises as requested by the Mid and South Essex ICS.

Education:

·                  Early Years and Childcare - A developer contribution of £68,880.00 index linked to Q1 2023 towards the creation of 2.97 additional childcare places to mitigate the impact of the development on local Early Years & Childcare provision (equating to £23,192 per place).

·                  Primary Education - A developer contribution of £229,601.00 index linked to Q1 2023 towards the creation of 9.90 additional primary school places and / or a new education facility is sought to mitigate the impact of the development on local Primary School provision  ...  view the full minutes text for item 439.