DPD Minutes 4th January 2017

Planning & Development Policy Committee

Minutes of the Myland Community Council Planning & Development Policy Committee Meeting held on Wednesday 4th January 2017, 7.15 pm @ 101 Nayland Road, Mile End Road, Colchester, CO4 5EN

Present:        Cllr John Stewart (Chair)

Cllr Jean Dickinson

Cllr John Dickson

Cllr Adrian Ellis

Cllr Liz Gray

Cllr Robert Johnstone

The Assistant Clerk

There were two members of the public present.

137-16/17     Apologies

Apologies were received and accepted from Cllr Pete Hewitt.

138-16/17     Declarations of Interest

Cllr Dickson declared a non-pecuniary interest in planning applications 162915 (7 Littlecotes, Colchester) and 163040 (8 Littlecotes, Colchester) as he lived close to the application sites.

139-16/17     Have Your Say – Members of the public can comment on any item on the agenda

A resident referred to application 162796 (Snack Shop, Cambian Fairview Hospital, Boxted Road, Colchester CO4 5HF – Retrospective application for change of use from car parking area to storage) which had been discussed at the meeting held on 7th December 2017.

The Chair said he would allow the resident to comment on MCC’s response to this application despite it not being on the agenda for this meeting.

The resident asked how the committee had reached their decision on this application. He said it had been called in by Cllr Goss. He said residents had suffered over the years and that this application was the result of residents’ action. He said Planning Enforcement had visited the site. He said there were objections on CBC’s website and asked why the P & DP had approved the application.

The Chair said he had responded to the resident’s email sent to MCC prior to this meeting. He said enforcement had to be proportional.

The resident raised further concerns over problems for residents arising from the actions of Cambian staff.

The Chair said this issue had been discussed by MCC in the past.

The Chair asked Cllr Dickinson who had looked at this application in detail if she would like to contribute to the discussion.

Cllr Dickinson gave a full explanation of how she had reached her recommendation to support the application.

The Chair said that the resident’s views had been listened to by the committee. He thanked him for coming to the meeting and passing on his views.

140-16/17     Chairman’s Announcements and Correspondence

The Chair said he had sent a paper to the Chair and Vice-Chair of MCC and to the Clerk about membership of the P & DP Committee. He said in recent months for various reasons the Committee had been struggling. He said he had seen no enthusiasm from the rest of MCC for joining the Committee and one way round this was to co-opt from residents. He said this might appeal to someone who had an interest in planning and that they would report to the committee although they would not be able to vote. He said this might be a way of alleviating the workload. He said the Clerk had said there was no legal objection. He said the matter would be put to the full Council at the meeting at the end of January and he wanted Committee members to be aware of this in advance.

Cllr Dickinson said it might be worth considering paying an honorarium to show that the contribution was valued, and that anyone co-opted should have some sort of relevant background.

Cllr Stewart said they would have access to comprehensive training and that he hoped for a good outcome.

141-16/17     Minutes of the meeting held on 7th December 2016 to be approved as a true record and signed by the Chairman

The minutes of the meeting held on 7th December 2017 were approved as a true record and signed by the Chairman

Proposed: Cllr Gray                      Seconded: Cllr Dickinson        (4 For; 2 Abstentions)

142-16/17     Update of progress of resolutions made at the last meeting

Cllr Dickinson referred to Item 133-16/17 and presented her report to the Committee. Cllr Dickinson asked that committee members take the report to read and then views would be co-ordinated before the final response was agreed.

143-16/17     Monitoring

There was no report.

144-16/17     Planning matters for review

There were no planning matters for review.

145-16/17     To agree the official response to the West Bergholt Neighbourhood Plan Steering Group’s request for comments on the first draft of the West Bergholt Neighbourhood Development Plan

Cllr Stewart said that Cllr Hewitt had looked at the first draft of the West Bergholt Neighbourhood Development Plan.

It was agreed to respond as follows:

MCC are grateful for sight of the first draft of the West Bergholt Neighbourhood Development Plan and wish you best of luck with future drafts, otherwise we have no comments to make at the moment. We will be very happy to look at this again in the future.”

Proposed: Cllr Gray                                 Seconded: Cllr Dickson           (Unanimous)

146-16/17     Planning, Licensing & Highways Applications/Appeals – To make recommendations, including requests for Section 106 money where applicable, on applications received

162915 – 7 Littlecotes, Colchester CO4 5EL – Two storey side extension and first floor side extension – Received 21st November 2016

163040 – 8 Littlecotes, Colchester CO4 5EL – Two storey side extension and a single storey rear extension – Received 5th December 2016

Cllr Dickson had declared a non-pecuniary interest in these applications.

It was resolved to support both applications.

Proposed: Cllr Gray                                  Seconded: Cllr Ellis     (5 For; 1 Abstention)

163028 – North Colchester Urban Extension, Mile End Road, Colchester – Reserved matters application for part of the primary street following outline approval 121272. Also to part discharge of conditions 1, 7, 15, 28, 30, 34, 35

It was resolved to object to this application.

MCC note the part discharge of conditions 1, 7, 15, 28, 30, 34 and 35.

We object to this proposal as it will obstruct FP43, FP45 and FP46.

No scheme of mitigation appears to be offered and there is no protection or enhancement to the many PRoWs in this area.

The National Planning Policy Framework at Paragraph 75 states:-

“Planning policies should protect and enhance public rights of way and access. Local authorities should seek opportunities to provide better facilities for users, for example by adding links to existing rights of way networks including National Trails.” 

Procedure for Public Path Diversions under Section 119 Highways Act 1980 states:-

“Alteration to the legal alignment of a footpath, bridleway or restricted byway for this purpose [in the owner’s interests] can only be effected by a legal order, which must pass through an extensive period of public notification.”

There has been sufficient time since the granting of planning permission for this process to have been started. It has not.

Furthermore, as the adopted guidance, Development and Public Rights of Way, states:-

“Planning permission alone does not give the applicant the right to interfere, obstruct or divert a Public Right of Way.”

It goes on to state:-

“In spite of being a material consideration in the determination of planning applications, historically public rights of way have often been disregarded in the development process, giving rise to a whole range of problems later on in the process, including the blighting of properties on completion.”

Public Rights of Way should not be ignored by any Local Authority.”

Subsequent to the meeting the following comment was added to the submission:

“MCC have read the online comments of residents affected by this application and would fully support them in their quest for answers on issues raised.”

163057 – Former Severalls Hospital Site, Boxted Road, Colchester CO4 5HG – Demolition and erection of an airing shelter

It was resolved to support the application with the following comment:

“MCC would support this application and they are very pleased to see reference to the heritage of the Severalls site.”

Proposed: Cllr Gray                      Seconded: Cllr Ellis                 (Unanimous)

163186 – Unit 1, Turner Rise Retail Park, Petrolea Close, Colchester CO4 5TU – External alterations to provide additional fire door on South West elevation –

It was resolved to support this application.

Proposed: Cllr Dickinson              Seconded: Cllr Gray                (Unanimous)

Toucan Crossing – A134 Northern Approach Road (Via Urbis Romanae), MylandNotice dated 29th December 2016

The Committee had no comment to make on this notice.

147-16/17     To receive copies of Planning/Appeal Decisions

Copies of the following Planning/Appeal Decisions were received.

162374 – Nayland Lodge, 44-46 Nayland Road, Colchester CO4 5EN – Provision of an additional 5 bedroom care home, with related parking facilities and associated alterations to the existing access drive – Permission granted, 9 conditions, 15th December 2016

162451 – 63 Mile End Road, Colchester CO4 5BU – Proposed single storey ground floor extension, with part 2 storey and erection of raised terrace to rear – Permission granted, 4 conditions, 20th December 2017

162742 – 6 Marcus Close, Colchester CO4 5GT – Erection of single storey rear conservatory extension – Permission granted, 3 conditions, 13th December 2016

162204 – Former Severalls Hospital Site, Boxted Road, Colchester CO4 5HG – Advertisement consent for various signage relating to the new development at the former Severalls hospital site – Consent given, 4 conditions, 21st December 2016

APP/A1530/W/16/3158233 (Original application 151885) – Land north of Axial Way, Colchester, Essex – Residential development to provide 87 residential dwellings (Use Class C3), associated car parking, cycle parking, public open space and pedestrian/cycle infrastructure, formation of pedestrian and cycle only links to adjacent public footpath/bridleway and other associated works and improvements at land north of Axial Way, Colchester – Date received 8th September 2016

148-16/17     Date of next meeting – 1st February 2017, 7.15pm @ 101 Nayland Road

The meeting closed at 9pm.