Apologies were received from Cllr Barrell; Cllr Mrs Murphy was in attendance as a substitute.  Cllr Newberry, Cllr Mrs Hubbard was in attendance as a substitute and Cllr Keeble, there was no substitute.

The minutes of the Planning and Licensing Committee held on 21^st July 2015 were approved and signed by the Chair as a correct record, subject to two amendments by Cllr Carter and Cllr Trump.

Min 101 – Face to Face Direct Charity Collectors

(Cllr Carter declared a non pecuniary interest under the Council Code of Conduct by virtue of previously working with the PFI Management Media Team).

Min 103 – 206 Hatch Road, Pilgrims Hatch, Essex CM15 9QN

A motion was MOVED by Cllr Trump and SECONDED by Cllr Wiles to defer to enable the applicant to provide further technical information, having looked back over the webcast, it was clear that we did not state that the applicant would need to provide that information rather that a further report would come forward to address the Committee’s concerns in relation to surface water drainage for the Council’s consideration.

The report on the Licensing Act 2003.  (as amended) required that each Licensing Authority produce a Statement of Licensing Policy in respect of each 5 –year period.  The report requested that Members considered the draft Licensing Policy for period 2016 -2021 and agreed that it undergo a 12 week consultation.  The final adopted policy must be agreed by Ordinary Council and published no later than 31 January 2016.

A motion was MOVED by Councillor McCheyne and SECONDED by Councillor Mynott to agree the recommendations in the report.

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

1.            The amendments to the Statement of Licensing Policy were approved that it go out to consultation.  If no comments are received, the Policy will be forwarded direct to Ordinary Council for adoption. If comments are received, these will be considered by this Committee on 19^th January 2016, and any further amendments as a result of the consultation will be agreed prior to the Policy being formally adopted by the Council.

REASON FOR RECOMMENDATION

The Council must fully consult and publish its revised policy through Ordinary Council.  Therefore the compulsory consultation must take place in good time to allow for the full recommended 12 weeks and review of any responses received enabling appropriate consideration as to whether it is appropriate to alter the policy in line with those comments.

The Council must have a policy in place, which should reflect as closely as possible, the current law, Secretary of State Guidance and Government Codes of Practice as this ensures that the Council is able to consistently and effectively carry on its function as the Licensing authority.

There area number of changes and additions to the policy as these reflect the numerous changes over the last five years as the licensing of alcohol, regulated entertainment and late night refreshments under the Act has evolved. 

(As a substitutes of this Committee.  Cllrs Mrs Hubbard and Mrs Murphy did not take part in the debate or vote on this item).

The Chelmsford City Council Duty to Co-operate Scoping Report was available for focused consultation from 9 July to 21 August 2015.  As a neighbouring local planning authority Brentwood Borough Council has a legal duty to cooperate on planning matters of cross-boundary significance. 

The Scoping Report identifies potential cross boundary strategic matters associated with Chelmsford’s next Local Plan.  It also identifies authorities and bodies that the City Council will need to co-operate with and explains the methods that may be used to engage with these bodies.

The report provided a summary of the Duty to Co-operate Scoping Report aims and sets out Brentwood Borough Council’s proposed response.  A response was submitted in August to meet the consultation deadline subject to the approval of Committee.

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

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

1.    The response to the Chelmsford City Council Duty to Co-operate Scoping Report July 2015 consultation as set out in Appendix A of the report was approved.

REASON FOR RECOMMENDATION:

The response set out that Brentwood Borough Council support the approach Chelmsford City Council had taken with regard to the scope of the consultation document.  In particular we welcomed setting out co-operation methods to engage with relevant authorities/bodies on each of the strategic matters identified.

Responses to each of the 15 questions be provided, including suggestions for how the Scoping Report could be improved and issues that required further discussion.

The Council will continue to engage with Chelmsford City Council as progress our Local Plans.

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

To follow.

On 24 March 2015 the Council received and approved the recommendation in the Modern Planning Service report regarding proposals that focused on the system of delegation of decisions of planning application and enforcement cases.

Following recent staff changes the purpose of this report is to seek delegated authority for the Head of Planning and Development to determine applications made for Certificates of Lawfulness made under Section 191 and Section 192 of the Town and County Planning Act 1990.

Councillor Cloke raised concerns that the Parish Councillors do not know what decisions are being made in regards to the Certificates.

A motion was MOVED by Councillor McCheyne and SECONDED by Councillor 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 Head of Planning and Development be granted delegated authority to determine applications for Certificates of Lawfulness.

REASON FOR RECOMMENDATION:

Given that processing of such applications involve the evaluation of facts based on evidence, and that it is for the applicant to prove, delegated authority is sought for the Head of Planning and Development to determine such applications following obtaining relevant legal advice.

Mrs Goodwin was present and addressed the committee as a objector to the application.

Mr Hunneybel, the applicant was also present and addressed the committee as a support to the application.

Ward Members expressed their concerns that the local residents were not consulted and the needs for an independent report was required to support this application. A  precedent of background garden will be set if the application is approved.  The development would increase traffic flow in an extremely narrow cul-de-sac.

A motion was MOVED by Councillor Tee and SECONDED by Councillor Mynott to refuse the application due to CP1 (iii) and CP1 Section (ii)  taking into account CP1 (iii) the area is unsuitable to build a house as it would not fit into the environment or character with the area loss of amenity under Policy H17. It would also present access issues

A vote was taken by a show of hands.

FOR:               Cllrs Tee, Murphy, Wiles, Cloke, Mynott, Carter, Morrissey and                      Hubbard (8)

AGAINST:      Cllrs Reed, Trump and McCheyne (3)

ABSTAIN:     (0)

RESOLVED

That the application be REFUSED.

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

The Chair give permission for Mr Hayes, the agent to speak in support of this application.        

Doddinghurst Parish Council spoke in objection to the application on a basis of rural development, this site is better suited for affordable housing.  Transport difficulties in the area, car essential.

Cllr Carter requests that the windows that overlook neighbours are installed with opaque glass.

A member of the committee requested guidance on how to deal with direct correspondence relating to planning matters, Planning Solicitor and Head of Planning and Development to advise.

A motion was MOVED by Councillor Tee and SECONDED by Councillor Carter to approve the application subject to completion of a s106 Agreement to ensure that any financial contribution to meet the affordable housing requirement is fully justified, and an  additional condition regarding opaque windows be applied.

A vote was taken by a show of hands.

FOR:               Cllrs Carter, Cloke, Hubbard, McCheyne, Morrissey, Murphy,                        Mynott, Reed, Tee, Trump and Wiles (11)

AGAINST:      (0)

ABSTAIN:      (0)

RESOLVED UNANIMOUSLY

That the application be APPROVED subject to a condition S106 Agreement for Affordable Housing contribution.

Mr Pully was present and addressed the committee in objection of the application.

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

Cllr Hirst, the Ward Member spoke in objection to the application.  Expressing his concerns of the impact on the street scheme and the bulk and overbearing to neighbours of the development. The Member welcomed the officers putting a condition in place relating to obscure glazing to combat overlooking issues.

A motion was MOVED by Councillor Reed and SECONDED by Councillor Cloke to refuse to application on the following condition; out of character, detrimental to the street scene and loss of amenity under policies H15, CP1 (i) and CP1 (iii).

FOR:               Cllrs Cloke, Reed, Tee and Wiles (4)

AGAINST:      Cllrs Carter, Hubbard, Morrissey, Mynott and Trump (5)

ABSTAIN:      Cllrs McCheyne and Murphy (2)

The motion was LOST.

A motion was MOVED by Councillor Trump and SECONDED by Councillor Carter to approve the application subject   to the conditions as set out in the officer’s report.

A vote was taken by a show of hands.

FOR:               Cllrs Carter, Hubbard, Morrissey, Mynott and Trump (5)

AGAINST:      Cllrs Cloke, Reed, Tee and Wiles (4)

ABSTAIN:      Cllrs McCheyne and Murphy (2)

RESOLVED

That the application be APPROVED, subject to conditions as set out in the officer’s report

1     TIM01      Standard Time - Full

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     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.

3     U10578  

The brickwork to be used in the construction of the external surfaces of the building hereby permitted shall match those used in the existing building.

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

4     U10579  

The first floor side windows shall be:- a) glazed using obscured glass to a minimum of level 3 of the "Pilkington" scale of obscuration and b) non-opening below a height of 1.7m above the floor of the room in which the window is installed.  The windows shall be installed prior to the first occupation of the building or use of the room of which the window(s) is installed.  Those windows shall remain so glazed and non-openable.  (Note the application of translucent film to clear glazed windows does not satisfy the requirements of this condition)

Reason:  In order to prevent an unacceptable degree of overlooking of nearby residential properties.

5     CON1      Construction Method Statement

No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to,  ...  view the full minutes text for item 118.

Cllr Mrs McKinlay, the Ward Member spoke in support of the application based on the fact that without regulations and being clear about what the restrictions are the Council is in a position where we cannot enforce at all.

A motion was MOVED by Councillor McCheyne and SECONDED by Councillor Trump to approve the application, subject to  the conditions as set out in the officer’s report.

A vote was taken by a show of hands.

FOR:               Cllrs Carter, Cloke, Hubbard, McCheyne, Morrissey, Murphy,                        Mynott, Tee, Trump and Wiles (10)

AGAINST:      (0)

ABSTAIN:      (0)

RESOLVED UNANIMOUSLY

That the application be approved, subject to conditions as set out in the officer’s report

1          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 declared a non pecuniary interest under the Councils Code of Conduct by virtue of being a member of the Trustees at Brentwood Leisure Trust, and therefore left the Chamber and did not participate in the discussion or vote).

Cllr Mrs McKinlay, the Ward Member spoke in support of the application and thanked the Fire Authority and the Cabinet Member of Essex County Council for their support on this application. This site was the most obvious site to take forward in an effort to address the impact on local residents.

A motion was MOVED by Councillor McCheyne and SECONDED by Councillor Trump to approve the application, subject to the  conditions as set out in the officer’s report.

A vote was taken by a show of hands.

FOR:               Cllrs Carter, Cloke, Hubbard, McCheyne, Morrissey, Murphy,                        Mynott, Reed, Tee, Trump and Wiles (11)

AGAINST:      (0)

ABSTAIN:      (0)

RESOLVED UNANIMOUSLY

That the application be APPROVED, subject to conditions as set out in the officer’s report.

1          TIM01Standard Time - Full

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          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.

There were no items of urgent business.

Meeting concluded at 21:40