Apologies were received by Cllr Barrell with Cllr Poppy substituting.

The minutes of the Planning and Licensing Committee held on 23^rd June 2015, were agreed and signed as a correct record, subject to an amendment request by Cllr Carter to minute 52 to state Miss Barge, not Miss Barg.

The Statement of Gambling Policy must be reviewed by January 2016.  The report requested Members to agree an interim consultation on re-adopting the current policy as a temporary measure pending publication of significant new guidance from the Gambling Commission after which it is recommended that consultation takes place in respect of a fresh Statement of Gambling Policy.

A motion was MOVED by Cllr McCheyne and SECONDED by Cllr Trump to agree the recommendations in the report.

A vote was taken by a show of hands and it was RESOLVED UNANIMOUSLY that:

1.         That a 12 week consultation on renewing the current Statement of Gambling Policy be agreed.

2.         That, if no representations are duly received within the consultation deadline, the Statement of Gambling Policy be recommended for adoption by Ordinary Council effective from 31 January 2016 on the basis that a full review of the policy will follow once new guidance has been issued but if one or more representations are received and not withdrawn, the matter shall be reported back to a future meeting of this Committee for consideration of such representation(s).

REASON FOR RECOMMENDATION

The Council does not have the option of leaving the process entirely until publication of the revised GLA, as from 1 February 2015 any decision made relating to any aspect of the Gambling Act 2005 would be ultra vires given that the policy is a requirement of the Act.

The alternative solution at Para. 4.7 is not particularly viable as it involves a degree of speculation as to the content of the revised GLA and potentially involves undertaking a meaningless consultation given that certain aspect of the policy will change.

The solution in Para. 4.6 enables the Council to fulfil its obligation to re-publish the statement of policy within the legislative timeframe.  This will enable lawful decision making with regard to the Council’s functions under the Act, whilst ensuring that the policy is brought up to date at the earliest opportunity.

There are no concerns over the conduct of commercial gambling establishments within the Borough at this time, nor have there been any significant problems since implementation of the Act. The current policy has served the Borough well over the last three years and a continuation of that policy in the short term is not anticipated to raise any issues.

(As a substitute of this committee,  Cllr Poppy did not take part in the debate on vote on this item).

The report seeks Members approval for the implementation of a new agreement between the Council and the Public Fundraisers Regulatory Association in respect of direct debit charity fundraising.

An amendment to the designated area for Face to Face Collection will be made before adoption, without delay.

A motion was MOVED by Cllr McCheyne and SECONDED by Cllr Trump to agree the recommendations in the report.

A vote was taken by a show of hands and it was RESOLVED UNANIMOUSLY that:

1.            That the Head of Health Safety and Localism be granted delegated       authority to sign the agreement attached at Appendix A and that              upon such signature the adoption of the agreement shall take         immediate effect; and

2.            That the Head of Health Safety and Localism be granted delegated       authority to exclude the ability for direct debit collections to be     undertaken on specific event days, with appropriate notice in        accordance with paragraph 5.10 of this report.

REASON FOR RECOMMENDATION

The existing Member approved voluntary agreement follows a recognised legal framework, which is designed to safeguard the interests of the public, whilst protecting the interests of bona fide charity organisations. The review of this agreement ensures that it remains fit for purpose.

The agreement has been updated and modernised and now makes

reference to new codes of practice and a rule book produced by the PFRA since the establishment of the original site agreement.

There were two distinct areas for street collections in Brentwood Town Centre highlighted in the original agreement, these being outside of Iceland and Superdrug respectively. However, since the establishment of the Market in the High Street, these areas can at times become pinch points and therefore one reason for a review of the agreement was to consider whether there is an appropriate alternative collection point(s).

Currently, collections are permitted Monday through to Saturday inclusive.

Subject to Member approval, the revised draft agreement extends the area within which collections may be made to any point along the High street on either side of the road between Saint Thomas Road and the Church ruins. Whilst this is an extension of the area it enables the collections to be wider spread with a maximum of two collectors on each side of the High Street and one floating supervisor. Additionally collections will only be permitted on two days per week and only between Monday and Thursday thus removing any conflict with the current Street Market operations. 

The PFRA have stated that they do not wish to hold collections on Saturday and Sunday and believe that four available days per week is sufficient for their members needs.  They therefore proposed the restriction to 4 days in order to avoid over kill and by way of compromise for a slightly extended collection area.

The main benefit of the revised agreement is that the PFRA become effectively partners in ensuring a safe and legitimately operated collection and through their rules, which are signed up to by all main charities, they will enforce the terms of  ...  view the full minutes text for item 101.

The report updates Members, following their resolution of 13 January 2015 to write to all Parish Councils, with a view to gauging interest in operating a Market in their respective parish areas.

It was agreed that Officers write to Parish Councils informing them that they can approach the Council at anytime to request that a license or consent street be established in their Parish.

A motion was MOVED by Cllr McCheyne and SECONDED by Cllr Trump to agree the recommendation in the report.

A vote was taken by a show of hands and it was RESOLVED UNANIMOUSLY that:

1.     That the establishment of any new Markets or ‘licence’ or ‘consent’ streets in the Borough at this time be not further proceeded with.

REASON FOR RECOMMENDATION

The process for adopting additional licence or consent streets is a relatively lengthy process and as such it is only recommended should there be an operational requirement to establish such additional areas.

As no expressions of interest were received there is no recommendation to undergo a process of adopting any further areas for the purpose of street trading or to pursue the idea of additional markets any further at this time. However, the option for any parish council or ward councillor to approach the licensing team with a preliminary enquiry will remain open and any such approach may be reported back to licensing committee at that time.

Mrs Goodwin, was present and addressed the committee in objection to the application.

Mr Hunneybel, the applicant was also present and addressed the committee in support of the application.

Ward Members expressed concerns over ownership of the site (Members were informed that this is a civil matter) and flooding and surface water drainage, being a major concern of local residents.    Concerns regarding the scale of the dormer windows proposed, under policy H17, impact on neighbouring properties and access issues were also raised

A motion was MOVED by Cllr Trump and SECONDED by Cllr Wiles to defer to enable the applicant to provide further technical information to address the Committee’s concerns in relation to surface water drainage for the Council’s consideration.

A vote was taken by a show of hands and on the casting vote of the Chair was RESOLVED to defer the application.

FOR:  Cllrs Cloke, McCheyne, Poppy, Reed, Trump and Wiles (6)

AGAINST: Cllrs Carter, Keeble, Morrissey, Mynott, Newberry and Tee (6)

ABSTAIN: (0)

(Cllr Morrissey declared a non pecuniary interest under the Councils Code of Conduct by virtue of her employed at a local Estate Agents).

Mrs Pettett was present and addressed the committee in objection of the application.

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

Mr Dines, the agent was also present and addressed the committee in support of the application.

Cllr Cloke, spoke on behalf of Mountnessing Parish Council and although the Parish Council supports the application, they do have a few concerns; sewage, the pathway leading from the site to Coronation Playing Field, they would not wish to see affordable housing being located off site and the impact on the local schools and medical centre.

A motion was MOVED by Cllr Cloke and SECONDED by Cllr Wiles that the application be approved.

For:     Cllrs Carter, Cloke, Keeble,  McCheyne, Morrissey, Mynott, Newberry,        Poppy, Reed, Tee, Trump and Wiles (12)

Against: (0)

Abstain: (0)

RESOLVED UNANIMOUSLY that outline planning permission is approved subject to completion of a s106 agreement (to include an obligation relating to noise mitigation of adjoining agricultural buildings) and the following conditions.

1          U10511         

Approval of the details of the scale, layout and appearance of the buildings and the landscaping of the site that are reserved for later approval (hereinafter called the reserved matters) shall be obtained in writing from the Local Planning Authority before the development is commenced and the development shall be carried out as approved.

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          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.

3          TIM04Standard Time Outline - Time Limit

The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from date of approval of the last reserved matters to be approved.

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.

4          U10483         

No application for approval of reserved matters shall be made without a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development. The approved scheme shall subsequently be implemented in accordance with the approved details including those in the Outline Drainage Strategy referenced BR/02, March 2015, Clark Smith Partnership and the subsequent Revised Storage calculations (Ref BR/02, 27 May 2015).

Reason: To prevent flooding on the proposed site and the local area by ensuring the satisfactory storage of/disposal of surface water in a range of rainfall events and to ensure the system operates as designed for the lifetime  ...  view the full minutes text for item 104.

A motion was MOVED by Cllr Trump and SECONDED by Cllr McCheyne that the application be approved.

For:     Cllrs, Cloke, McCheyne, Morrissey, Poppy, Tee, Trump and   Wiles (7)

Against: (0)

Abstain: Cllrs Carter, Keeble, Mynott and Newberry  (5)

RESOLVED that the planning permission be approved subject to the following conditions:-

1          TIM07Temporary permission - Use (Land)

The use hereby permitted shall be discontinued and the land restored to its former condition on or before 30 June 2018 in accordance with a scheme of work to be first agreed in writing with the local planning authority.

Reason:  In the interest of amenity and to safeguard the character and appearance of the area.

2          U10211         

The portacabin hereby approved shall only be used ancillary to the use of the Brentwood Leisure Centre and for no other purpose.

Reason: In order to protect the character and appearance of the area.

3          U10289         

The portacabin shall not be placed on the site before improvements to its external appearance have been completed in accordance with details which shall have first been submitted to and approved in writing by the local planning authority.

Reason: In the interests of the character and appearance of the area.

4          DRA01A        Development in accordance with drawings

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

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

(Cllr Reed disclosed a non pecuniary interest under the Council Code of Conduct by virtue in his role as Trustee for Brentwood Leisure Trust and therefore left the Chamber and did not participate in the discussion or the vote).

The Planning and Compulsory Purchase Act 2004 requires local planning authorities to prepare and maintain a Local Development Scheme.

The Local Development Scheme sets out the documents which, when prepared, will comprise the Local Plan for the Borough.  It provides timescales and key milestones, such as future public consultation dates.

The Local Development Scheme must be made available publically and kept up-to-date so that local communities and interested parties can keep track of progress.  This latest development scheme updates information and timetables for preparation of planning policies in light of changes since the current development scheme was adopted in December 2012.

A motion was MOVED by Cllr McCheyne and SECONDED by Cllr Trump to agree the recommendation in the report.

A vote was taken by a show of hands and it was RESOLVED UNANIMOUSLY that:

1.            That the Draft Revised Local Development Scheme (July 2015) as        set out at Appendix A be approved.

REASON FOR RECOMMENDATION

The Council, as local planning authority for the Borough, is required to prepare and maintain a Local Development Scheme.  This must be made available publically and kept up-to-date so that local communities and interested parties can keep track of progress.

The Council’s current Local Development Scheme (adopted December 2012) is out of date and needs to be revised.  The revised Local Development Scheme (July 2015) provides updated information and a new timetable for preparation of the Local Development Plan and Community Infrastructure Levy in light of changes since 2012 and expected future timeframes.

The Essex and Southend Replacement Waste Local Plan Revised Preferred Approach is out for public consultation from 18 June to 30 July 2015.  The document sets out the preferred approach on a strategy for waste development up until 2032.  It proposes to safeguard existing waste capacity, allocate sites suitable for waste facilities and a range of policies to manage waste development.

A number of ‘Strategic Sites’ have been identified to meet the waste capacity needs of Essex and Southend.  None have been identified in Brentwood Borough.  The consultation document identifies two ‘Areas of Search’ and three ‘Safeguarded Sites’ within Brentwood Borough.

Each of these sites has also been proposed for development in the emerging Brentwood Local Development Plan.  It is not considered that identification of these sites as Areas of Search and Safeguarded Sites would cause conflict with the development plan, subject to further discussion with Essex County Council regarding appropriate land uses.

A motion was MOVED by Cllr McCheyne and SECONDED by Cllr Trump to agree the recommendations in the report.

A vote was taken by a show of hands and it was RESOLVED UNANIMOUSLY that:

1.         That the response to the Essex and Southend Replacement Waste Local Plan Revised Preferred Approach June 2015 consultation as set out in Appendix A of this report be approved

2.            That the response as set out in Appendix A be agreed and recommended for endorsement by the Environment & Housing Management Committee at its next meeting on 9 September 2015.

REASON FOR RECOMMENDATION

It is not considered necessary to object to the Essex and Southend Replacement Waste Local Plan Revised Preferred Approach consultation on the basis of identifying two Areas of Search and safeguarding three existing aggregate recycling facilities within the Borough.

Principally the preferred approach of the emerging Replacement Waste Local Plan is to meet the waste capacity requirements through strategic allocations (none of which are identified in the Brentwood Borough).  The Areas of Search would be an option for waste development should none of the strategic allocations be deemed suitable and for non-strategic sites.  Any applications would still be subject to assessment against the appropriate policies of the Waste Local Plan and Brentwood Local Plan.

The Brentwood Borough Local Plan will need to identify sufficient additional employment land for the plan period.  If the sites at West Horndon and Codham Hall Farm are allocated there will still need to be additional employment land identified in the Borough to meet future needs which may be suitable as alternative locations for future waste facilities.

The Council supports the main aim of the RWLP to continue to support better and more sustainable ways of dealing with waste, further reduce dependence on landfill and achieve net self-sufficiency for all waste streams.

Once adopted the RWLP will provide a wide ranging strategy with significance across Council services.  Feedback has been sought from the Street Scene & Environment Department.  It is also recommended that the Council’s response to the RWLP be endorsed by the Environment & Housing Management Committee  ...  view the full minutes text for item 107.

The Government adopted a new approach to implementing Sustainable Drainage Systems (SuDS) on 6 April 2015.  These changes to the SuDS regime impact upon how flood risk and surface water run-off is managed. 

The report outlined these changes to the planning system and asks Members to acknowledge the Sustainable Drainage System Design Guide (2014) produced by Essex County Council, as a material consideration. 

A motion was MOVED by Cllr McCheyne and SECONDED by Cllr Trump to agree the recommendations in the report.

A vote was taken by a show of hands and it was RESOLVED UNANIMOUSLY that:

1.     That the Sustainable Drainage System Design Guide, as attached at Appendix A, be acknowledged as a material consideration for the purposes of determining planning applications where relevant to the particular application.

REASON FOR RECOMMENDATION

Formal acknowledgement of the SuDS Design Guide as a material consideration when determining planning applications will help the Borough meet its Local Plan policy objectives and assist the Council in negotiating good quality sustainable drainage schemes as part of new major developments.

Acknowledgement of the guide will help ensure that sustainable drainage schemes coming forward in the Borough are fit for purpose in terms of helping reduce and manage the risk of surface water flooding as well as delivering wider amenity, ecological and landscape benefits.

Essex County Council, in its role as Lead Flood Risk Authority, has produced a Surface Water Management Plan (SWMP) for Brentwood Borough.  The plan has been undertaken in consultation with stakeholders, including Brentwood Borough Council.

The SWMP is an intermediate assessment to inform spatial and emergency planning along with determining possible areas that may benefit from flood mitigation measures.  It will also determine if/where detailed assessments should be undertaken and enable warning and informing initiatives.

A motion was MOVED by Cllr McCheyne and SECONDED by Cllr Trump to agree the recommendation in the report.

A vote was taken by a show of hand and it was RESOLVED UNANIMOUSLY that:

1.                  That the Surface Water Management Plan for Brentwood Borough, as attached at Appendix A, be acknowledged as a material consideration for the purposes of determining planning applications where relevant to a particular application.

REASON FOR RECOMMENDATION

Reducing flood risk requires a pro-active stance on planning policy across the Borough.  The formal acknowledgement of the SWMP for Brentwood Borough as a material consideration for the purposes of determining planning applications will give the plan greater weight in the planning process. 

Acknowledgement of the SWMP will help to ensure the Borough meets its Local Plan policy objectives and assist development management in negotiating good quality sustainable drainage schemes as part of new major developments.

There were no items of Urgent Business.

The meeting concluded at 22:22