Apologies for absence were received by Cllr Mrs Henwood, Cllr Reed substituted;  Cllr Morrissey, Cllr Lloyd substituted; and Cllr Carter, Cllr Quirk substituted.

The Minutes of the meeting held on 3^rd March 2015 were agreed and signed by the Chair as a correct record, subject to a correction from Cllr Mrs Hones Min 471- Modern Planning Service:   only Ward Members who do not sit on the Committee, Chair and Vice-Chair will be able to request Call-In.  Where a   Ward Member has called in an application that Member will not be able to sit on the Committee as a Substitute Member.

The Chair reminded those present of the procedure to be followed in order to allow the public, etc, to speak at the meeting, where requisite notice had been given.

Notwithstanding any comments made by the public, etc, Members were reminded that they had to base their decision on the material planning considerations appertaining to each application

Petition – Hopefield Animal Sanctuary

A petition was received by the Mayor at Full Council and stands referred to the Planning and Development Committee.   The future allocation of the use of the land occupied by the Sanctuary will be considered in the Local Development Plan process.  The Chair asked  the Policy Team to ensure that the petition is taken into account, and the petitioners informed of the outcome.  

Cllr Baker MOVED, Cllr Mynott SECONDED and it was RESOLVED UNANIMOUSLY that since a member was unwell, but wished to speak on item 7, this item will be moved to after item 3.

Use of vacant second floor offices as a house in multiple occupation.

Mr Pick was present and addressed the committee in support of the application.  He explained that the application was for 12 rooms and that the occupiers would be chosen in co-operation with the local authority and would not be likely to have access to a car.

Ward Members raised concerns over the lack of facilities and Health and Safety within the development, lack of provision made for recycling or a communal bin area and parking, and sought advice from the Environmental Health Team Leader on the numbers of occupiers  and standards and  also car-free arrangements.

A motion was MOVED by Cllr Lloyd and SECONDED by Cllr Quirk that the application be refused.

FOR:               Cllrs Baker, Cloke, Mrs Cohen, Mrs Hones, Hossack, Lloyd,                          McCheyne, Mynott, Quirk, Mrs Squirrell and Reed (11)

AGAINST:      (0)

ABSTAIN:      (0)

RESOLVED UNANIMOUSLY to refuse this application for the following reason:

1             The occupiers of and visitors to the proposed HMO would not be provided with any off-street parking and so would need to park on the street close to the HMO but, as there is already competition for on-street parking spaces, the existing parking pressures during the evenings and weekends would be exacerbated which would increase the risk of illegal parking and add unacceptably to the risk of harm to highway safety, contrary to the NPPF (Section 4) and Policies CP1 (criteria iv and v) and T2 of the Brentwood Replacement Local Plan.

2          The HMO, as proposed, could accommodate up to 23 residents. On            this basis, the proposed development would not provide an adequate         quality of life for the occupiers of the proposed HMO as a result of the             lack of private amenity space and external bin storage as well as the      limited internal space and facilities,  contrary to the NPPF (section 6)          and Policy CP1 (criterion ii) of the Brentwood Replacement Local Plan.

Construction of 2 detached dwellings and garages.

Mr Lorkins was present and addressed the Committee in support of the application.

Mr Gregory was also present and addressed the Committee in support of the application.

Ward Members spoke in support of the application.  The Chair presented a letter from Solicitors for the owners of Wynbarns Farm inviting the Committee to grant the application,  subject to a time condition relating to a rent free twenty-five year lease,  with an option to renew, to Hutton Football Club of the thirteen acre site within the farm .

Hutton Football Club must submit a separate application for the pitches that will be determined on its own merits in accordance with the Council’s local plan.

A motion was MOVED by Cllr Cohen and SECONDED by Cllr Quirk to approve the application.

FOR:               Cllrs Baker, Cloke, Mrs Cohen, Mrs Hones, Hossack, Lloyd,                          McCheyne, Quirk, Mrs Squirrell and Reed (10)

AGAINST:      (0)

ABSTAIN:      Cllr Mynott (1)

The Permission hereby granted shall not be commenced until after arrangements have been made in writing to the satisfaction of the Local Planning Authority securing the provision of football pitches on the land shown edged blue on the application plan.

RESOLVED to approve this application on the following conditions

Conditions

The Permission hereby granted shall not be commenced until after arrangements have been made in writing to the satisfaction of the Local Planning Authority, confirming football pitches will be provided to Hutton Football Club on a 25 year lease at no cost and a clear case made to enhance provision of community, sports and recreational facilities in the Borough.

Demolition of existing buildings, creation of new Vehicular access, construction of twelve x one bed and seven x two bed flats in four blocks including six x shared ownership units, provision of bin and bike stores, parking areas, landscaping and associated works.

Members were advised that the Chair disclosed a personal interest and therefore stepped down from this role as Chair on this application.  Cllr Mynott become Chair for the duration of this item.

Cllr Mynott asked for nomination for a Vice-Chair for this item only.  Cllr Mynott nominated Cllr Lloyd.  A vote was taken on a show of hands and Cllr Lloyd was appointed Vice-Chair for the duration of this item.

Mr Anderson was present and addressed the Committee in objection of the application.

Mr Hayhurst was also present and addressed the Committee in support of the application.

Cllr Harman from Herongate and Ingrave Parish Council spoke in objection of the application and raised concerns relating to the wildlife, conservative area and traffic flow on the Brentwood Road (A128).

Highways Officer were not convinced that standards over visibility can be made for a new access road on a main distributor road.  This would therefore be contrary the Local Transport Plan 2006-2011.

Ward Members spoke in objection of this application.  Expressing her concerns with speeding and traffic flow.

A motion was MOVED by Cllr Mynott and SECONDED by Cllr Mrs Squirrell.

FOR:               Cllrs Cloke, Mrs Cohen, Mrs Hones, Hossack, Lloyd,                                       McCheyne, Mynott, Quirk, Mrs Squirrell and Reed (10)

AGAINST:      (0)

ABSTAIN:      (0)

RESOLVED that the planning permission is refused for the following reasons:

R1       U09466         

The proposal would be inappropriate development in the Green Belt as defined by the National Planning Policy Framework (The Framework). It would detract from the openness of the Green Belt and would represent an encroachment of development into the Green Belt countryside.  The proposal would therefore conflict with Brentwood Replacement Local Plan Policies GB1 and GB2 the objectives of which are fully consistent with the objectives of the Framework as regards development in Green Belts.  The Framework indicates that within Green Belts inappropriate development is harmful and should not be approved except in very special circumstances.  The Framework goes on to indicate that "very special circumstances" will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.  The considerations set out by the applicant and identified by local planning authority do not clearly outweigh the harm to the Green Belt arising from this proposal and it follows that the "very special circumstances" needed to justify the approval of inappropriate development in the Green Belt have not been demonstrated.

R2       U09467         

The design of the buildings, by reason of their repetition and uniformity fails to integrate into the existing natural, built and historic environment, which would detract from the character and appearance of the area in conflict with Policy CP1 (i) of the Brentwood Replacement Local Plan and one of the aims of the Framework (para. 56 and 61 refer) which requires new development to be of high quality and good design.

R3       U09468         

As a result of its scale,siting and design the proposal would be unacceptably harmful to the  ...  view the full minutes text for item 564.

Outline application for construction of 85 residential units together with commercial building (Class B1A Office), open space, park/childrens play area, riverside walk, car parking and landscaping (Appearance, Landscaping, Layout and scale reserved matters).  (Please note that the Environmental Statement and other documents can be viewed on our website and at the Town Hall).

Mr Simmonds was present and addressed the committee in support of the application.

A motion was MOVED by Cllr Baker and SECONDED by Cllr Mynott to approve this application.

FOR:               Cllrs Baker, Cloke, Mrs Cohen, Mrs Hones, Hossack, Lloyd,                          McCheyne, Mynott, Quirk, Mrs Squirrell and Reed (11)

AGAINST:      (0)

ABSTAIN:      (0)

RESOLVED UNANIMOUSLY to approve this application subject to the completion of a Section 106 Agreement including contributions Highways, Affordable Housing (on and off-site) open space and health contributions to a Doctor’s Surgery and Education including extension to the local primary school,  and to the following conditions:-

1          TIM03Standard Time Outline  - 3 years

Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

Reason:  To comply with Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2          U09673 RES MATTERS condition…      

The development hereby permitted shall not be carried out except in complete accordance with the approved drawing(s) and reports and their recommendations listed above and specifications.

Reason:  To ensure that the development is as permitted by the local planning authority and for the avoidance of doubt.

3          BOU01           Boundary treatment to be agreed (gen)

No boundary treatments or means of enclosure shall be erected until details of the treatment of all boundaries including drawings of any gates, fences, walls or other means of enclosure have been submitted to and approved in writing by the local planning authority.  The approved boundary treatments shall be completed prior to the first occupation of the development and shall thereafter be permanently retained and maintained.

Reason:  In the interests of safeguarding the character and appearance of the area and living conditions of adjacent occupiers.

4          LAN02            landscaping, full, details not submitted

Prior to the commencement of the development hereby permitted a scheme of hard and soft landscaping shall be submitted to and approved in writing by the local planning authority.  The submitted scheme shall indicate the existing trees shrubs and hedgerows to be retained, the location, species and size of all new trees, shrubs and hedgerows to be planted or transplanted, those areas to be grassed and/or paved.  The landscaping scheme shall include details of all surfacing materials and existing and proposed ground levels.  The landscaping scheme shall be completed during the first planting season after the date on which any part of the development is commenced or in accordance with a programme to be agreed in writing by the local planning authority.  Any newly planted tree, shrub or hedgerow or any existing tree, shrub or hedgerow to be retained, that dies, or is uprooted, severely damaged or seriously diseased, within five years of the completion of the development, shall be replaced within the next planting season with another of the same species and of a similar size, unless the local planning authority gives prior written consent to any variation.

Reason:  ...  view the full minutes text for item 565.

Demolition of existing single storey structures and construction of twenty, 2 storey residential units, together with associated access roads and formation of earth bund with associated landscaping to provide acoustic buffering.

Mr Chapman was present and address to committee in support of the application.

Cllr Foan from West Horndon Parish Council spoke in support of the redevelopment of the site.

Members debated the application.  The site has been vacant for 30 years, is a brownfield site and has an extant permission. The development would provide housing for the Borough.

Members considered that these matters clearly outweighed the harm the development would cause to the Green Belt and all other harm, in this case.

A motion was MOVED by Cllr Lloyd and SECONDED by Cllr Mrs Squirrell to approve this application.

FOR:               Cllrs Baker, Cloke, Mrs Cohen, Mrs Hones, Hossack, Lloyd,                          McCheyne and Mrs Squirrell  (8)

AGAINST:      (0)

ABSTAIN:      Cllr Mynott  and Reed (2)

RESOLVED: The Application be approved subject to a S106 Agreement securing  contributions of £64,988 Education Contribution towards the provision of primary school places, extension of the footway along the A127 slip road a contribution of £60,000 towards public open space and affordable housing (at a level to be agreed)  and 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.  Reason:  To comply with Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2          No development shall take place until samples of the materials to be used in the construction of the external surfaces of the building hereby permitted have been submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.  Reason:  In Order to safeguard the character and appearance of the area.

3         Details of existing and proposed site levels and the finished floor levels of the proposed buildings shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development hereby permitted.  Construction shall be in strict accordance with the approved details.  Reason: To safeguard the character and appearance of the area and the living conditions of nearby residents.

4          Prior to the commencement of the development hereby permitted a scheme of hard and soft landscaping shall be submitted to and approved in writing by the local planning authority.  The submitted scheme shall indicate the existing trees shrubs and hedgerows to be retained, the location, species and size of all new trees, shrubs and hedgerows to be planted or transplanted, those areas to be grassed and/or paved.  The landscaping scheme shall include details of all surfacing materials and existing and proposed ground levels.  The landscaping scheme shall be completed during the first planting season after the date on which any part of the development is commenced or in accordance with a programme to be agreed in writing by the local planning authority.  Any newly planted tree, shrub or hedgerow or any existing tree, shrub or hedgerow to be retained, that dies, or is uprooted, severely damaged or  ...  view the full minutes text for item 566.

Demolition of existing dwellings and construction of seven detached dwellings

Mr Dagg was present and addressed the committee in objection to the application.

Mr Newton was also present and addressed the committee in support of the application.

Cllr Foan, West Horndon Parish Council expressed concerns relating to safe accessing the A127.

A motion was MOVED by Cllr Baker and SECONDED by Cllr Lloyd to refuse this application.

FOR:               Cllrs Baker, Cloke, Mrs Cohen, Mrs Hones, Hossack, Lloyd,                          McCheyne, Quirk, Mrs Squirrell and Reed (10)

AGAINST:      (0)

ABSTAIN:      Cllr Mynott (1)

RESOLVED: This is application is refused for the following reason:

The proposal represents tandem development  out of character in West Horndon,  and would have an unacceptably adverse impact on the amenities of the adjoining premises 11 Thorndon Avenue.

Demolition of commercial buildings and construction of dwelling

Mr Aves was present and addressed the committee in support of the application.

A Ward Member was present and spoke about the support shown by residents to this application, as the replacement building seemed to be a welcome improvement .

Members  considered that, on balance,  the proposal was acceptable.

A motion was MOVED Cllr Baker and SECONDED by Cllr Mynott to approve this application.

FOR:               Cllrs Baker, Mrs Cohen, Mrs Hones, Hossack, Lloyd,                                       McCheyne, Mynott, Quirk, Mrs Squirrell and Reed (10)

AGAINST:      (0)

ABSTAIN:      (0)

RESOLVED to approve this application on the following conditions.

1          The development hereby permitted shall be begun before the expiration of three years from the date of this permission.  Reason:  To comply with Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2          No development shall take place until samples of the materials to be used in the construction of the external surfaces of the building hereby permitted have been submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.  Reason:  In Order to safeguard the character and appearance of the area.

3          The development shall not be commenced until details of the treatment of all boundaries including drawings of any gates, fences, walls or other means of enclosure have been submitted to and approved in writing by the local planning authority.  The approved boundary treatments shall be completed prior to the first occupation of the development and shall thereafter be permanently retained and maintained.  Reason:  In the interests of safeguarding the character and appearance of the area and living conditions of adjacent occupiers.

4          The existing building(s) or parts of buildings on the site indicated on the approved drawings and/or specifications for demolition shall be demolished and all materials arising shall permanently removed from the site prior to the first occupation of any part of the development hereby permitted.  Reason - In the interests of maintaining the openness of the Green Belt.

5          The relationship between the height of the building herby permitted and adjacent buildings shall be as indicated on the approved drawing.  Reason: To safeguard the character and appearance of the area and the living conditions of nearby residents.  

6          No development shall take place until a landscaping scheme showing details of new trees, shrubs and hedges and a programme for their planting, and any existing trees/hedges to be retained and the measures to be taken for their protection, has been submitted to and approved in writing by the local planning authority.  The landscaping scheme shall be carried out as approved.  Any newly planted tree, shrub or hedgerow, or any existing tree, shrub or hedgerow to be retained, that dies, or is uprooted, severely damaged or seriously diseased within five years of the completion of the development, shall be replaced within the next planting season with another of the same species and of a similar size,  ...  view the full minutes text for item 568.

Urgent Business – Article 4 Directions for Barrack Wood, Warley

Barrack Wood in Warley was purchased in 2014 by Woodland Investment Management Limited. Barrack Wood comprises two sites - one of 55 acres and the other of 8 acres. According to the purchaser's website, Woodlands.co.uk, it sells off plots of woodland so that “people can have a wood of their own”.  The company is now actively marketing Barrack Wood and Burnt Wood for sale on the open market (see Appendix for site map). There is a SOLD sign erected on the Warley Wood site within Barrack Wood of 4.4 acres.

While the sale of the woodland is perfectly legal, the exercise of the permitted development rights each individual woodland plot owner would be entitled to would harm the woodland’s amenity character and bio-diversity.  In considering this issue there are national and local policies to consider, in particular whether pro-active measures are justified to withdraw permitted development rights. It is considered that the development under permitted development rights without an express planning permission enabling detailed consideration would be prejudicial to the proper planning of the area and a threat to the amenities.

The Government has consolidated and amended Permitted Development rights (Statutory Instrument 2015 No.596) which comes into effect on the 15th April 2015.  In order to ensure the managed stewardship of these precious woodlands, the Council is therefore recommended to authorise an Article 4 Direction so that the permitted development rights are withdrawn.  If the recommended Article 4 Direction is agreed, all development works within the woodlands would require planning permission.  Approved woodland management agreed by the Forestry Commission would be permitted.

The procedure for Article 4 Directions is set out in Schedule to the 2015 consolidated Order.  The Direction relating to the erection of any means of enclosure within the woodlands, changes of use and temporary uses will have immediate effect . The Direction relating to use as a caravan site and for recreational facilities, agriculture and forestry and development relating to roads will not have effect until confirmed.

The previous owner of Barrack Wood has other woodlands in the Borough with similar characteristics to Barrack Wood.  It is recommended that authority be delegated to the Head of Planning after consultation with the Chair of the Committee and Ward Members to issue and serve similar Article 4 directions if those or other comparable woodlands appear to be under similar threat in the future.

A motion was MOVED by Cllr Baker and SECONDED by Cllr Mynott to accept the recommendation set out in the report. A vote was taken by a show of hands and it was RESOLVED UNANIMOUSLY.

1.            That the Article 4 Direction shown in the Appendix be authorised and served.

2.            That authority be delegated to Head of Planning, after consultation with the Chair and Ward Members, to issue and serve similar article 4 Directions in relation to other comparable woodlands in the Borough if they appear to be under similar threat in the future.

REASON  ...  view the full minutes text for item 569.