Mrs Mayhew, Monitoring Officer (MO), explained why this matter had been brought back to Committee.  The MO considered the incorrect voting process had been applied at the last meeting in July.

Under chapter 4, 9.7 of the Council Consitution

Members may not rescind a previous vote once the subsequent member’s votes have been cast.

·       With the voting on this item at a stalemate, after the motions for refusal and approval were both lost and no decision was made item, a motion for deferral should have been made.

·       However, the Chair, asked if any member would like to rescind their vote.  Cllr Gorton, changed his vote from ABSTAIN to FOR

Making the voting 6 FOR, 6 AGAINST and O ABSTINATION –

So, the Chair had the casting vote and voted FOR, so the application was APPROVED.

Therefore, in consultation with the Chair, Vice Chair, Leader and the Planning Officer and the applicant/agent, the application had been brought back to committee so that the correct voting process could be undertaken.

This item was initially referred to July 2023 Committee by Cllr Jan Pound for the following reason:

Policy BE:13 Parking Standards states that proposals which make under provision of parking in respect of the Essex Parking Standards should be justified by evidence detailing the local circumstances that justify deviation from the standard. Whilst the site is located near to Shenfield there is clear evidence submitted by local residents in opposition to the application that Alexander Lane is already suffering from dangerous on street parking that is resulting in Highways Safety issues. Coupled with the need for deliveries and workman to service the building this application will result in further highways safety issues for Road users and should be rejected for this planning reason. There is no evidence that the normal parking requirements can be reduced without causing these safety issues.

Legal Advice was given to members in terms of the matter coming back to committee.   All members needed to consider whether they are predetermined or whether they can come to the committee with an open mind. They will each need to consider themselves whether there is by their conduct any appearance of bias or predetermination that could lead a member of the public to cast doubt on their impartiality in taking part and voting on the matter.

Each member needs to be clear that they attend the committee to consider the matter with an open mind and is not predetermined irrespective of their previous involvement in the last planning committee.

Members would need to consider Probity in Planning (link -

https://www.local.gov.uk/publications/pr  from previous training.

Ms Brooke Pride presented the report. 

Mr Shah was present at the meeting and spoke objecting to the application.

Ward Cllr Pound, was not present at the meeting, but requested the Chair reiterate her reasons for referral.

Following  a full discussion Cllr Laplain MOVED a motion to APPROVE the application.  This was SECONDED by Cllr M Cuthbert.

Members voted as follows:

FOR:  Cllrs Dr Barrett, M Cuthbert, N Cuthbert, Laplain, Munden, Mynott (6)

AGAINST:  Cllrs Barber, Bridge, Mrs Francois, Gelderbloem, Heard, McCheyne (6)

ABSTAIN: (0)

The Chair used his casting vote FOR the application.  The application was APPROVED subject to conditions outlined in the report.