Agenda item

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

It was noted that this application had been deferred by the Committee at its last meeting to provide opportunity for the applicant to submit further information regarding the proposal.  The report highlighted an additional consultation response from Essex County Council Ecology along with further information in support of the application which had been received.  The original Officer report and associated Members’ Update were attached at Appendix 1 to the report.  Some Members commented that they felt the reasons for deferral had not been addressed.

Following the Officers’ presentation, Mr Butcher on behalf of the applicant addressed the Committee.

During the lengthy debate that followed Officers provided clarification on a number of issues raised by Members, including:

·                 The application was seeking temporary permission and the site would be restored to its original condition within three years. 

·                 Condition 7 would ensure that of the seven locations identified only a maximum of four would be used at any one time.

·                  Some concern was raised regarding the lack of a Promenade Park Management Plan, but it was noted that if a further application were to be submitted at the end of the temporary permission, the proposal could be reassessed in light of any Management Plan which may then be in place. 

·                 Examples of the type of structures had been provided however if Members considered it was necessary, a condition could be imposed to require approval of the structures before they were put in place.

·                 It was confirmed that the Committee could grant planning permission for a shorter period than the three years recommended, if considered necessary.

Councillor K M H Lagan highlighted his concerns and proposed that the application be refused for reasons relating to bulk and overdevelopment.  In response to a comment regarding when an application could be resubmitted following refusal Members were advised that there was no time restriction.  The Chairman clarified the reasons for refusal as relating to the design, scale, bulk and the development being detrimental to the overall enjoyment of the park.  The Lead Specialist: Development Management advised the Committee these reasons would be difficult to substantiate given the temporary nature of the structures proposed and a condition could be imposed to require further details.  The proposal was not supported.

In response to a question, the Specialist: Development Management advised that the block plan submitted with the application identified the position of the concessions within the seven plots.  Members discussed the plots in detail with a number of comments raised regarding particular plots.

Councillor S P Nunn proposed that the existing temporary structure concessions be permitted to continue in their current location(s) for a period of one year but that no further structures or locations be considered until at least an interim Promenade Park Plan was in place.  This proposal was duly seconded.  Officers sought clarification regarding which locations Councillor Nunn was referring to.  Members discussed the sites and it was suggested that existing concessions at locations B, C and F should be permitted.  It was clarified that the locations were as referred to on the site photos of the surveyed areas, submitted as part of the application.  Councillor Nunn amended his proposal that current sites B, C and F (as identified on the site photos of the surveyed areas plan) be approved for one year but that no further structures or locations be considered until at least an interim Promenade Park Plan was in place.  This amendment was duly seconded.

The Chairman drew Members’ attention to conditions should the proposal be supported, referring to the conditions set out in the Officers report but with amendments to refer to a one year temporary permission, only approving sites B, C and F and a condition regarding design.

In response to a question regarding the hours of operation, the Officer explained the times detailed were maximums and the applicant did not envisage concessions opening regularly to 10pm.  Different times were discussed in relation to the existing opening hours of Promenade Park but it was suggested and agreed that operating hours should end 30 minutes before sunset.

At this point, Councillor C Swain proposed that two further conditions be considered, the first to not allow the use of petrol or diesel generators once in place and the second that the concessions could not make use of electronically produced sound / music. 

The Chairman then put the proposal in the name of Councillor Nunn to the Committee.  Upon a vote being taken this was duly agreed. 

The Chairman then put the proposed additional two conditions from Councillor Swain to the Committee.  These were duly seconded but upon a vote being taken were not agreed.  The Chairman then referred Members to the conditions she had mentioned earlier, and these were duly agreed, subject to the agreed amendment to opening hours.

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

1          The use hereby permitted shall cease and the land restored to its existing condition within one year of the date of this planning permission.

2          The development hereby permitted shall be carried out in accordance with the following approved plans and documents: 

·                 Location plan R8.MPP.LP01 rev.A

·                 Existing plan R8.MPP.EX01 rev.A

·                 Block Plan R8.MPP.BP01 rev.A

3          The development hereby permitted shall only be open to the public between the hours of 10:00 to 22:00 hours Monday -Sunday inclusive, including Public Holidays and not at any other times.

4          The use hereby permitted shall only be carried-out during the months of April to October each year. Any temporary structures or paraphernalia brought on the sites in association with the use hereby permitted during these months shall be removed and not be on site or elsewhere within the Promenade Park between the months of November- March.

5          Notwithstanding the drawings submitted, only areas labelled B, C and/or F (as identified as part of the ecological assessment letter submitted dated 12 July 2022 from Hybrid Ecology Ltd) shall be used as proposed at any time.

6          The development hereby permitted shall not be open to the public until details of means of refuse storage and disposal have been submitted to and approved in writing by the local planning authority. The use shall be carried-out in accordance with the approved details.

7          The development hereby permitted shall not be open to the public until details of the means of protection of the existing trees within and along the boundaries of the sites have been submitted to and approved in writing by the local planning authority. The development shall be caried-out in accordance with the approved details.

8          The development hereby permitted shall not be open to the public until details of a Flood Warning and Evacuation Plan have been submitted to and approved in writing by the local planning authority. The use of the site shall be carried-out in accordance with the approved Plan, thereafter.

9          All mitigation and enhancement measures and/or works shall be carried out in accordance with the details contained in the Ecological Letter Statement (Hybrid Ecology, July 2022) submitted and include the appointment of an appropriately competent person e.g. an ecological clerk of works (ECoW) to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details."

10        The development hereby permitted shall not be open to the public until a Biodiversity Enhancement Strategy for protected and Priority species has been submitted to and approved in writing by the local planning authority. The content of the Biodiversity Enhancement Strategy shall include the following:

a)         Purpose and conservation objectives for the proposed enhancement measures;

b)         detailed designs to achieve stated objectives;

c)         locations of proposed enhancement measures by appropriate maps and plans;

d)         persons responsible for implementing the enhancement measures;

e)         details of initial aftercare and long-term maintenance (where relevant).

The works shall be implemented in accordance with the approved details prior to occupation and shall be retained in that manner thereafter.