Democracy - Forthcoming Decisions

Decisions

Use the below search options at the bottom of the page to find information regarding recent decisions that have been taken by the Council’s decision making bodies.

Alternatively you can visit the officer decisions page for information on officer delegated decisions that have been taken by Council officers.

Decisions published

15/12/2021 - Land at Wates Way 20/01221/FUL ref: 1100    Refused

Decision Maker: Planning and Licensing Committee

Made at meeting: 15/12/2021 - Planning and Licensing Committee

Decision published: 10/01/2022

Effective from: 15/12/2021

Decision:

Planning permission is sought for the demolition of all buildings and structures and the construction of x1 part two/part three storey ‘L – Shaped’ building comprising Class E (Use class for ‘Commercial, Business and Service’) foodstore and 46 (1 and 2 bed) Class C3 residential dwellings including x16 affordable units on the site of this vacant Class B1 (c) light industrial site. The development would retain the access/egress from Ongar Road for the foodstore. The existing access/egress from Burland Road would be retained for the residential dwellings. 129 car parking spaces service the foodstore. 26 car parking spaces and cycle store service the residential dwellings. Associated landscaping, replacement substation and associated engineering works are also included.

 

Mrs Caroline Corrigan presented the report and advised that at the request of the Highway Authority the wording of the reasons for refusal had been amended:

 

Reason 1: The proposed signalised junction including the new access to the site at the Junction of Ongar Road and opposite North Road, would result in an unacceptable impact on the free flow of traffic along Ongar Road and at Wilsons Corner, reducing the efficiency of the Highway network particularly at peak times, including weekend peak times, leading to prolonged vehicular delays and traffic.

Reason 2: The increase in prolonged traffic delays would exacerbate an area of poor air quality to the detriment of the health of pedestrians and nearby residents

Reasons 3: The proposed signal junction and its infrastructure would lead to vehicle and pedestrian conflict in a congested area

Reason 4: It has not been satisfactorily demonstrated that the proposed junction can be delivered due to the presence of statutory undertakers’ equipment.

 

A statement received from Jenny Downs/Steven Savill in objection of the application, which was read by the Chair, which stated:-

 

“We have grave concerns regarding the short notification period and indeed the actual notifications of this application. We received advice via email on 8th December 2021 with a letter dated 16th November 2021, advising that representations should be made by 10th December 2021.  However, important documents were not uploaded until 10th December 2021 and time is required to locate, absorb and consult on this new information. The supplementary document alone amounted to 54 pages.

 

Now that the Highways Authority comment has been published, we would like to support their findings. Our gravest concern is that the proposed traffic management will render the local traffic as unmanageable. Brentwood North currently has significant issues during along this stretch of Ongar Road during peak times.

 

The Highways Authority continues to object to this proposal on the basis of its potential impact on pedestrian safety. The site is located on a busy pedestrian route, used by many to access the town centre and as a route to get to the schools located in Sawyer Hall Lane. It is not acceptable that the safety of these members of the community could be compromised by this scheme.

 

The potential increase in standing traffic will impact air quality in the area as well as impacting the multitude of residents that surround this development. Residents that border this development includes many older people residing in a care home and many families with very young children.  At peak times, the pedestrian traffic has a high proportion of children walking to one of the many schools in Sawyers Hall Lane with many in pushchairs that are more at risk from the traffic fume expulsion.

 

In conclusion, we do not consider the scheme before Members today represents a suitable scheme for the development of the Wates Way site. We support the future redevelopment of the site, but not at the expense of pedestrian safety and highway congestion on an already busy route.

 

We appreciate the work that has been undertaken by the mediation group. Their conclusions appear to a viable option and we note that Lidl are not supportive of this option. The location of the store on the drawings show much more sensitivity to the location of the development within a heavily populated residential area and avoids the lorry unloading bays directly adjoining gardens. It also appears to limit overlooking and maintains amenity.  However, we would ask that any future submissions be properly considered and consulted upon and that all parties are given appropriate notification and time to digest and comment. This will then give all parties the opportunity to be fair and objective. This development is along one the primary routes in Brentwood and we must all ensure that due diligence is seen to be done.

 

We urge members to refuse this scheme.”

 

Mr Hardy as agent was present at the meeting and addressed the committee on behalf of the applicant.

 

Cllr Lewis, Ward Councillor, spoke in objection to the application.

 

Cllr Fulcher, Ward Councillor, spoke in objection to the application.

 

Cllr Aspinell, Essex County Councillor (Brentwood North) and a Member of the Local Highways Panel, spoke in objection to the application.

 

Members expressed concerns relating to the traffic and environmental impact, together with concerns relating to air quality, the wider community including safety of children walking to and from schools which neighbours close to the proposed site had raised.

 

Concerns were expressed with regards to the roof gardens, which they considered will overlook neighbouring gardens.

 

Members did however support the principle of the development, as did some residents for another food store within the borough, but felt that the objections raised by the highway authority were overwhelming and that on that basis could not vote in favour.

 

Following a full discussion, Cllr Mynott MOVED and Cllr Cloke SECONDED that the application be REFUSED.

 

A vote was taken, and Members voted as follows:

 

FOR:  Cllrs Bridge, Barber, Dr Barrett, Cuthbert, Fryd, Gelderbloem, Heard, Jakobsson, Laplain, Mynott, Tanner, Wiles (11)

 

AGAINST:  Tanner (1)

 

ABSTAIN: (0)

 

The motion to REFUSE the application was RESOLVED.

 

(Cllr Cloke declared a non pecuniary interest by virtue of being the Vice-Chair of the Local Highways Panel and Cllr Wiles declared a non pecuniary interest by virtue of being a Essex County Council Councillor and a Members of the Local Highways Panel).


13/12/2021 - Contract Award for the Refurbishment of 17 Crescent Road, Brentwood ref: 1089    Recommendations Approved

Decision Maker: Environment, Enforcement & Housing Committee

Made at meeting: 13/12/2021 - Environment, Enforcement & Housing Committee

Decision published: 10/01/2022

Effective from: 13/12/2021

Decision:

Planning Permission for the conversion of 17 Crescent Road, Brentwood, a vacant property into 2 x 2-bedroom 3 person apartments was approved on 29 June 2021. Since the last report to this committee in September, a ‘Tender Pack’ had been released and costs had been received. The report summarised the outcome of the tender process and sought approval for the appointment of the successful contractor. This was the first on site activity as part of the Strategic Housing Delivery Plan bringing a long-term empty property back into use. The Council’s Corporate Strategy ‘Brentwood 2025’ looks to use ‘brownfield sites efficiently, such as council owned garage sites, to provide affordable homes…”.

 

A motion was MOVED by Cllr Mrs Pearson and SECONDED by Cllr Mrs Hones to agree the recommendations in the report.

 

Following a discussion a vote was taken and it was RESOLVED UNANIMOUSLY that:

 

Members are requested to:

 

Following the completion of a competitive tender process, approve the contract award for the refurbishment of 17 Crescent Road, Brentwood to Colnesett Limited.

Wards affected: Brentwood West;


13/12/2021 - Litter Bin Review ref: 1090    Recommendations Approved

Decision Maker: Environment, Enforcement & Housing Committee

Made at meeting: 13/12/2021 - Environment, Enforcement & Housing Committee

Decision published: 10/01/2022

Effective from: 13/12/2021

Decision:

Since the COVID-19 pandemic, nationally behaviours and lifestyles have changed considerably. This had substantial influences on the environment and the amount of litter dropped and discarded or placed into litter bins. There had also been a significant increase in the number of dog owners, contributing to an increase in dog waste which could place into normal waste litter bins.

 

It was therefore necessary to review the current provision of the litter service overall including litter bin locations and collection frequency. This could reduce any harmful effects this nuisance has on the environment overall.

 

An amended report was tabled on the night to include recommendations for the report (attached to the minutes). 

 

A motion was MOVED by Cllr Mrs Pearson and SECONDED by Cllr Mrs Hones to agree the recommendations in the report.

 

Following a discussion a vote was taken and it was RESOLVED UNANIMOUSLY that:

 

R1. Members are asked to note the contents of the report.

 

R2. That delegated authority will be given to the Director of Environment & Communities in consultation with the Chair of Environment, Enforcement & Housing Committee to remove or relocate litter bins based on usage.

 

R3. An update on the new technology bins will be reported back to a future committee. 

 

Wards affected: (All Wards);


13/12/2021 - Rent Setting 2022-23 ref: 1091    Recommendations Approved

Decision Maker: Environment, Enforcement & Housing Committee

Made at meeting: 13/12/2021 - Environment, Enforcement & Housing Committee

Decision published: 10/01/2022

Effective from: 13/12/2021

Decision:

The report sought the recommendations of the committee on the proposed rent and service charge levels for 2022/2023.

 

The recommendations would be considered by Policy, Resources & Economic Development Committee when the final recommendation would be made as part of the budget setting process. The final decision would be made by Ordinary Council on 23rd February 2022.

 

A motion was MOVED by Cllr Mrs Pearson and SECONDED by Cllr Mrs Hones to agree the recommendations in the report.

 

Following a discussion a vote was taken and it was RESOLVED that:

 

Members are asked to:

1.    Increase rent by CPI plus 1% (Total 4.1% increase) for Social and Affordable Housing Properties. 

 

2.    Increase Shared Ownership and General Fund Property Rents by CPI plus 1%, 

 

3.    To apply formula rent to all new tenancies from April 2022

 

4.    To apply a 2% increase to Garage Rents

 

5.    To note that service charges have been reconciled and charges have been increased or decreased so they are brought in line with actual costs and that no increase will exceed CPI plus 1%.

 

Reasons for Recommendation

The recommendation is to follow government guidelines which proposes to increase rents by CPI plus 1%, for 2022/23 this is 4.1%

 

This increase to rents is a welcomed one, allowing the HRA to have certainty around rent setting and it’s forecast Business Plan.

 

The proposed increase will contribute to funding the current services provided as well supporting the development of the capital programme and housing development plans.

 

When considering the rent setting the following assumptions have been considered:

· The financial viability of the HRA business plan

· Provision for the repairs & maintenance capital programme

· Development for new homes in the borough

· Affordability for tenants

· Investing in services to the tenant receives the best service delivery.

Wards affected: (All Wards);


13/12/2021 - EXEMPT - Local Authority Data Return (LADR) 2021 – Council Rent’ ref: 1095    Recommendations Approved

Decision Maker: Environment, Enforcement & Housing Committee

Made at meeting: 13/12/2021 - Environment, Enforcement & Housing Committee

Decision published: 10/01/2022

Effective from: 13/12/2021

Decision:

A motion was MOVED by Cllr Mrs Pearson and SECONDED by Cllr Mrs Hones to agree the recommendations in the report.

 

Following a discussion a vote was taken and it was RESOLVED UNANIMOUSLY.


13/12/2021 - Approval of Non-Cooperation Policy ref: 1093    Recommendations Approved

Decision Maker: Environment, Enforcement & Housing Committee

Made at meeting: 13/12/2021 - Environment, Enforcement & Housing Committee

Decision published: 10/01/2022

Effective from: 13/12/2021

Decision:

In January 2019, Local Authorities were given clarity on the steps that could be taken when applicants under the homelessness legislation demonstrate a “deliberate and unreasonable refusal to cooperate”. In line with other Local Authorities, the Council is seeking to implement a Non-Cooperation policy to cover such circumstances. These cases are the exception and the policy will enable officers to take appropriate action when the need arises.

 

A motion was MOVED by Cllr Mrs Pearson and SECONDED by Cllr Mrs Hones to agree the recommendations in the report.

 

Following a discussion a vote was taken and it was RESOLVED UNANIMOUSLY that: Members are asked to:

 

To approve the Non-Cooperation policy included in Appendix A of the report.

 

Reasons for Recommendation

To ensure that the Housing Department has documentation to support the implementation of the legislation in case of any challenges or complaints made.

Wards affected: (All Wards);


13/12/2021 - Approval of Pets Policy ref: 1094    Recommendations Approved

Decision Maker: Environment, Enforcement & Housing Committee

Made at meeting: 13/12/2021 - Environment, Enforcement & Housing Committee

Decision published: 10/01/2022

Effective from: 13/12/2021

Decision:

To provide clarity to tenants and leaseholders on keeping a pet, a policy had been developed to provide clarity on how the Council would respond to requests and when issues of anti-social behaviour occur when someone had a pet in a Council owned property or block. This policy’s implementation is supported by the tenancy and lease agreements in place.

 

A motion was MOVED by Cllr Mrs Pearson and SECONDED by Cllr Mrs Hones to agree the recommendations in the report.

 

Following a discussion a vote was taken and it was RESOLVED UNANIMOUSLY that: Members are asked to:

 

Members are asked to:

To approve the Pets Policy in Appendix A.

 

Reasons for Recommendation

To ensure that the Housing Department has documentation to support the effective management of tenancies and leases, with regards to the keeping of pets.

Wards affected: (All Wards);


13/12/2021 - Rent Setting Policy ref: 1092    Recommendations Approved

Decision Maker: Environment, Enforcement & Housing Committee

Made at meeting: 13/12/2021 - Environment, Enforcement & Housing Committee

Decision published: 10/01/2022

Effective from: 13/12/2021

Decision:

The report presented the Rent Setting Policy to the Committee for approval.

 

The policy provided a clear framework for setting and reviewing rent levels for all Council homes. The policy ensured that the Council adheres to legislation and regulations when setting rents for Housing Revenue Account (HRA) properties.

 

A motion was MOVED by Cllr Mrs Pearson and SECONDED by Cllr Mrs Hones to agree the recommendations in the report.

 

Following a discussion a vote was taken and it was RESOLVED that:

 

Members are asked to:

 

To approve the Rent Setting Policy in Appendix A of the report. 

 

Reasons for Recommendation

To ensure that the Housing Department has a policy covering the way that rents and accommodation charges are set, both as part of the annual review process and when new tenancies are let.

Wards affected: (All Wards);


13/12/2021 - Determination of Objection to Temporary Event Notice, Bloc 40, First Floor, 40 High Street, Brentwood CM14 4AJ ref: 1099    Refused

Decision Maker: Licensing Sub-Committee

Made at meeting: 13/12/2021 - Licensing Sub-Committee

Decision published: 10/01/2022

Effective from: 13/12/2021

Decision:

The Licensing Office has received an objection from the Essex Police Senior Licensing Officer, Mr Gary Burke, with regards to a Temporary Event Notice (TEN) submitted in relation to in-house events to be held at Bloc 40, First Floor, 40 High Street, Brentwood CM14 4AJ on Saturday 18 December 2021 & Sunday 19 December 2021. The objection relates to the prevention of crime &

disorder licensing objective.

 

Section 104 (2) Licensing Act 2003, allows the Police or Environmental Health to object to a Temporary Event Notice if they believe that allowing the premises to be used in accordance with a Temporary Event Notice will undermine one or more of the licensing objectives.

 

The licensing objectives are:

 

• The prevention of crime and disorder

• Public safety

• The prevention of public nuisance

• The protection of children from harm.

 

 

The Committee noted the absence of the Applicant in today’s hearing but had site of the letter of representations sent in on their behalf. The Committee agreed to proceed with today’s hearing.

 

The Committee also noted that Essex police were opposed to a voluntary undertaking regarding closure time.

 

The Applicant has communicated to the licensing authority that it is happy to accept the existing conditions on its premises licence save for the condition requiring last entry to the premises at 24:00hrs, The applicant has given written assurances that last entry will be a 01:00hrs.

 

It was noted that checks were undertaken by Essex Police and Licensing Officers at the premises on the 10th December 2021 and it was noted that  multiple license conditions where not being complied with. The Committee took this extremely seriously and had real concern about the resulting effect on public safety and crime and disorder.

 

The Committee in making its determination has also had regard to the Authority’s own licensing statement and guidance issued by the Secretary of State under section 182 of the same Act.

 

Having sought legal advice the committee resolved to reject the TEN.


13/12/2021 - Consideration of the application for the renewal of a Hackney Carriage/Private Hire Driver licence ref: 1098    Recommendations Approved

Decision Maker: Licensing Sub-Committee

Made at meeting: 13/12/2021 - Licensing Sub-Committee

Decision published: 10/01/2022

Effective from: 13/12/2021

Decision:

Members considers this report with appendices, considered all the information made available to it at the hearing and determines if the licence holder remains a fit and proper person to hold a Hackney Carriage and Private Hire Drivers Licence; and decides whether to either:

 

a) Refuse the application; or

b) Grant the application; or

c) Any other decision the Sub-Committee deems reasonable.

 

Based on all the evidence, the Committee resolved to grant the application.

 

Wards affected: (All Wards);