Apologies were received from Cllrs Mrs Pound and Tee.

The Minutes of the Planning meeting held on 1 December 2016 were agreed as a true record subject to correction of a misspelling of a name under Minute 239 - Ms Kenyon instead of Keynon.

The report sought Members’ agreement in principle on the review to the Street Trading and Market Policy and for the same to be released for consultation prior to consideration of any representations and full adoption in April 2016.

The current policy had been in place since 2012 but it had become apparent through recent events that it was restrictive and needed to be reviewed.

It was proposed the revised policy would be fully consulted for a period of six weeks.

Members noted that in 4.4 of the report the word ‘completion’ should read ‘competition’.

Cllr McCheyne MOVED and Cllr Trump SECONDED the recommendation in the report, a vote was taken by a show of hands and it was

RESOLVED

That Members agree in principle the Street Trading and Market Policy as attached at Appendix A to the report and to release it for consultation prior to reconsideration and final adoption in April 2016.

Reason for recommendation

The policy was almost 4 years old and required updating. There was certain clarification required and this had led to a need to update the policy to ensure that it was more easily understood and interpreted by all parties, including officers.

The policy must retain some flexibility in law to ensure that matters were always considered on merit. In other words the Council must not fetter its discretion in any individual case. For this reason, the exemptions in 3.5, 5.2 and 5.4 have been clarified. However, whilst these formed the normal process of the Council, it was essential that there was flexibility for Members to divert from policy if evidenced that it was appropriate to do so.

Removal of condition 4 (No heating/cooking equipment shall be used on premises) of application 15/00145/FUL (Change of use from motor spares shop (retail) to cafe (food outlet)).

APPLICATION NO. 15/01341/FUL

Cllr Wiles advised the Committee that the applicant would be submitting the necessary documentation  to overcome the reasons for the officer’s recommendation for refusal and proposed that consideration of the issues be deferred to the next meeting.

Cllr Wiles MOVED and Cllr Morrissey SECONDED that this item be deferred  to the next Committee meeting.

For: Cllrs Barrell, Carter, Cloke, Coe, McCheyne, Morrissey, Mynott, Newberry, Reed, Rowlands, Trump and Wiles   (12)

Against (0)

Abstain (0)

RESOLVED UNANIMOUSLY to defer this item to the next meeting.

(Cllr Morrissey declared a non-pecuniary interest under the Council’s Code of Conduct by virtue of her working for a local Estate Agent).

Demolition of the existing building and construction of 50 residential dwellings, (10 houses and 40 flats) including affordable housing, in buildings extending to between two and four storeys in height, together with associated landscaping, parking and infrastructure works.

APPLICATION NO. 15/01379/FUL

Mr Baldwin was present and spoke in objection to the application.

Mr Wheeler, the agent, was also present and spoke in support of the application.

Members expressed concern regarding parking problems in the locality and Cllr Cloke advised he would raise the possibility of introducing a residents’ parking scheme in the area at the next meeting of South Essex Parking Partnership.

Cllr McCheyne MOVED and Cllr Trump SECONDED that the application be approved, subject to a Section 106 agreement.

For:       Cllrs Cloke, Mrs Coe, McCheyne, Reed, Ms Rowlands, Trump and Wiles  (7)

Against:  Cllrs Carter, Morrissey, Mynott and Newberry  (4)

Abstain:  Cllr Barrell (1)

It was RESOLVED:

That planning permission be APPROVED subject to completion of a Section 106 agreement as set out in the officer’s report and 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         The development hereby permitted shall not be carried out except in complete accordance with the approved drawings, specifications and documents listed above.  

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

 3         No development above ground level shall take place until samples of both bricks to be used in the construction of the external surfaces of the building hereby permitted, as well as details of the jointing and mortar, have been submitted to and approved in writing by the local planning authority. Sample panels of both bricks proposed of no more than 500mm in height are to be been erected on site to show areas of the new exterior walling. Development shall be carried out in accordance with the approved details. 

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

 4         The development shall be finished with metal profile roofing panels and grey UPVC windows only as shown on drawing number 8128/06 without the further formal consent of the Local Planning Authority.

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

 5         Notwithstanding the Town & Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order with or without modification), and with the exception of those approved as part of this permission, no walls, fences or other means of enclosure shall be erected within the application site. 

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

 6         Aside from those indicated on the approved drawings, and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking, re-enacting  ...  view the full minutes text for item 304.

Mrs Aston, the applicant, was present and addressed the Committee in support of the application.

Cllr Clark had referred the application for consideration by the Committee since there were concerns that policies were being interpreted subjectively rather than objectively, so that the difference between what was refused in this case had been allowed in neighbouring houses was not clear.

Cllr Ms Rowlands MOVED and Cllr Newberry SECONDED that the application be approved.

For:        Cllrs Carter, Newberry, Ms Rowlands and Trump (4)

Against:  Cllrs Barrell, Cloke, Mrs Coe, McCheyne, Morrissey, Mynott and Wiles  (7)

Abstain:  Cllr Reed  (1)

The Motion was LOST.

Cllr Cloke MOVED and Cllr Wiles SECONDED that the application be refused.

For:      Cllrs Barrell, Cloke, Mrs Coe, McCheyne, Morrissey, Mynott and Wiles  (7)

Against:   Cllrs Carter, Newberry, Ms Rowlands and Trump (4)

Abstain:   Cllr Reed  (1)

RESOLVED:  That the application be REFUSED because the proposal would result in a poorly designed and disjointed appearance at the front and rear of the house. 

Members recommended the applicant to work with Planning officers on any future design prior to submission.

Mr Sanderson, the applicant, was present and addressed the Committee in support of the application.

Cllr Hossack had referred the application for consideration by the Committee since he supported the proposal and had no concerns about its impact on the green belt in the intended location.  He advised that those living in neighbouring properties were supportive and considered the proposed dwelling would prove to be an enhancement to their neighbourhood.

Cllr Wiles MOVED and Cllr Cloke SECONDED that the application be approved.

For: Cllrs Carter, Cloke, Mrs Coe, McCheyne, Newberry, Reed, Ms Rowlands, Trump and Wiles (9)

Against:   Cllrs Morrissey and Mynott (2)

Abstain:   Cllr Barrell(1)

RESOLVED: That the planning application be APPROVED 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.            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.            No development above ground level 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.

4.            The development hereby approved shall not be occupied 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 and 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.

5.            No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

i.          the parking of vehicles of site operatives and visitors

ii.         loading and unloading of plant and materials

iii.        storage of plant and materials used in constructing the development

iv.        the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate

v.         wheel washing facilities

vi.        measures to control the emission of dust and dirt during construction

vii.       a scheme for recycling/disposing of waste resulting from demolition and construction works

viii.      hours of working and hours during which deliveries may be taken at the site

Reason:  In the interests of highway  ...  view the full minutes text for item 306.

Members were reminded that at the 14 April 2015 Planning and Development Committee meeting it was resolved unanimously to serve an Article 4 Direction on Barrack Wood.  Since this decision was made, Legal Services had identified that the format of the Article 4 Direction in the earlier report needed to be updated because  it did not meet the current legislative requirements and so was not valid.  Members were therefore recommended to endorse the serving of an updated Article 4 Direction for Barrack Wood to reflect current legislation and the clear intention of the Planning and Development Committee’s April 2015 decision.

Cllr McCheyne MOVED and Cllr Barrell SECONDED the recommendations in the report and following a discussion it was RESOLVED UNANIMOUSLY:

1.            That an Article 4 Direction be authorised and served for Barrack Wood (see Map attached in Appendix A to the report).

2.            That authority be delegated to Head of Planning and Environmental Health, after consultation with the Chair and Ward Members, to issue and serve  Article 4 Directions in relation to other  woodlands in the Borough where deemed appropriate.

Reasons for Recommendation

Given the potential immediate threat to the integrity of the woodlands affected, it was deemed necessary to issue the two Article 4 Directions, one of which should take immediate effect due to the potential risk of inappropriate works.

There were no items of urgent business.

The meeting ended at 20.50 hrs.

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