DPD Minutes 7th December 2016

Planning & Development Policy Committee

Minutes of the Myland Community Council Planning & Development Policy Committee Meeting held on Wednesday 7th December 2016, 7.15 pm @ 101 Nayland Road, Mile End Road, Colchester, CO4 5EN

Present:        Cllr John Stewart (Chair)

Cllr Jean Dickinson

Cllr Liz Gray

Cllr Pete Hewitt

The Assistant Clerk

There was one member of the public present.

125-16/17     Apologies

Apologies were received and accepted from Cllr John Dickson.

126-16/17     Declarations of Interest

There were no Declarations of Interest.

127-16/17     Have Your Say

Mrs White said she had looked at the agenda which was concerned with planning applications. She said she would like to draw attention to three items and asked if the committee could take an interest in them.

Mrs White said she would like to mention FP69 which was connected to the flooded culvert on Mill Road. She said the development had readdressed the drainage system to existing residents. She said there had been no communication or feedback from the developers. She asked if there was a matrix for Severalls Phase 1 as there was for Chesterwell.

Mrs White said the bollard in the middle of Mill Road between Thomas Wakley Close and Romulus Close had been knocked down and the remnants left which were dangerous. She said two residents had removed protruding items as fast drivers were hitting them. She said she had had to go onto the footpath on one occasion to avoid something that had come from the middle of the road. She asked if there had been any communication from Phase 1 developers to the Council. She said there had been none with residents. She said she understood there had been changes to the drainage system and this should have been the subject of a planning condition. She said the flooding in Golden Dawn Way had received a lot of attention and for the sake of equality this issue should also be taken under the Council’s wings.

Mrs White referred to the regular Planning Liaison meetings between MCC and CBC and said she received the bullet points. She said for Severalls Phase 1 the only information given was the number of houses sold and occupied. She said there had been various breaches of conditions on the development; for example regarding the landscaping behind existing houses where the new houses were already occupied but the landscaping was not in place.

The Chair said that the Planning Liaison Committee covered a wide range of issues. He said Severalls Phase 1 was not discussed regularly as there were other matters which were at an earlier stage in development.

The Chair referred to the centre island in Mill Road and said that he had been chasing Cllr Anne Turrell and others for some time. He said Cllr Turrell had raised the matter with the officer responsible who had said that only dangerous matters were addressed. He said ECC did not consider the centre island dangerous so it might not be repaired for some considerable time.

Mrs White said that money had been put aside for traffic calming on Mill Road between the junctions with Turner Road and Brinkley Grove Road. She said that measures were being looked at to slow traffic by Myland School which might be necessary but that the money should not be used for the school at the expense of Mill Road to the east of the Turner Road junction.

The Chair said the ward councillors and Cllr Turrell have said that the money is still there.

The Chair said that FP69 was discussed at the full Council meeting on 30th November 2016. He said that Cllr Goss as ward councillor and Cllr Hewitt as Chair of MCC had said that they would pursue the matter.

Cllr Hewitt said that the resident at the MCC meeting had made the same point as Mrs White regarding lack of response from developers. He said the resident had been asked to give the details of the lack of response so that MCC could also follow up on that point.

Mrs White asked if there had ever been a matrix for discharging the different stages of Severalls Phase 1 as there was now with Chesterwell.

Cllr Hewitt said he could not comment on this as he had not been involved with Severalls Phase 1.

The Chair said Mrs White’s first point was a matter for the full Council and not this Committee.

The Chair said, in answer to Mrs White’s original question, the matters raised were for the full Council and not this Committee.

128-16/17     Chairman’s Announcements and Correspondence

The Chair referred to the Essex County Council (Mill Road, Myland) (Temporary Prohibition of Traffic) Order 2016 which gave notice that within seven days of 8th December 2016 ECC would temporarily close Mill Road from its junction with Turner Road to its junction with the A134.

129-16/17     Minutes of the meeting held on 9th November 2016 to be approved as a true record and signed by the Chairman

The minutes of the meeting held on 9th November 2016 were approved as a true record and signed by the Chairman

Proposed: Cllr Hewitt                   Seconded: Cllr Dickinson        (3 For; 1 Abstention)

130-16/17     Update of progress of resolutions made at the last meeting

Cllr Stewart gave the following update on planning application 162302.

As members will be aware this committee opposed this application and the previous one (application 151885) due to noise problems with the location’s proximity to Flakt Woods and visitor parking problems.

The application was called in and I attended the CBC Planning Meeting last Thursday. I had intended to speak but there was only one speaker for and against allowed. Ian Morehouse, the Managing Director of Flakt Woods spoke against the application and a representative from Persimmon for. This application was supported by ward councillors. Their view was that covenants could be written into the S106 agreement to cover such matters as future owners not being allowed to replace their windows, unable to make any noise complaints and parking issues. In my experience covenants are worthless once builders are off-site. In this I was supported by CBC’s Legal Department who correctly pointed out that such covenants would be illegal, and had no place in a S106 agreement.

                      CBC Planning were represented by Sue Jackson and Simon Cairns. It was clear that committee members were unhappy about this application, in particular the noise issues. Councillors did not accept the reliability of CBC staff’s assertion on noise testing. They felt the site should not have been re-designated as housing as it was not suitable. Councillors asked why they are strict on many housing application criteria but environmental issues seem to have “wriggle room”. Concerns were also raised on the issue that affordable homes would bear the brunt of noise problems. It was also felt that there was a danger that Flakt Woods may, in the future, be forced to move from ths area and that Colchester would lose a large employer for the sake of a few houses. Despite a motion of “to refuse the application” on the table and seconded, it was suggested by Simon Cairns that a mitigation fund could be set up and funded by Persimmon to agree a figure to cover any future liability which might be incurred by Flakt Woods. The application decision was then deferred.”

131-16/17     Monitoring

There was no report.

132-16/17     Planning matters for review

There were no planning matters for review.

133-16/17     To review WSP/Parsons Brinckerhoff’s Briefing Notes to Essex County Council on Car Park Access Road and United Way Crossing, and Colchester Northern Gateway Public Transport Proposals

The WSP/Parsons Brinckerhoff’s Briefing Notes to Essex County Council on Car Park Access Road and United Way Crossing, and Colchester Northern Gateway Public Transport Proposals were reviewed.

Cllr Dickinson said that she would draft a response to the briefing notes.

134-16/17     Planning, Licensing & Highways Applications/Appeals – To make recommendations, including requests for Section 106 money where applicable, on applications received

162796 – Snack Shop, Cambian Fairview Hospital, Boxted Road, Colchester CO4 5HF – Retrospective application for change of use from car parking area to storage – Received 10th November 2016

It was resolved to support this application.

Proposed: Cllr Dickinson                          Seconded: Cllr Hewitt             (Unanimous)

Cllr Dickinson said that although not material to MCC’s response, the application brought wider issues to the Committee’s attention for future consideration regarding transport.

162787 – 87 Apprentice Drive, Colchester, CO4 5SE – Proposed loft conversion to create new master bedroom with dressing room and en-suite – Received 8th November 2016

It was resolved to comment on this application as follows:

MCC have noted this application and would raise no objection.

Proposed: Cllr Dickinson                          Seconded: Cllr Hewitt             (Unanimous)

162790 – Dunelm Unit 1, Turner Rise Retail Park, Petrolea Close, Colchester CO4 5TU – Application to vary condition 12 following grant of planning permission 91/0887 – Received 8th November 2016

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

MCC do not believe the work will affect car parking or significantly increase footfall to the store. The application is supported by ward councillors although they have opposed night work due to the proximity of housing. However, MCC would note Environmental Health’s view that such work may have to be done outside store hours due to customer safety.

MCC would recommend that the mezzanine level’s area is no more than 50% of the area of the ground floor level due to the height of the store.

162929 – 129 Mile End Road, Colchester CO4 5DA – Retention of timber garden outbuilding – Received 22 November 2016

It was resolved to support this application.

Proposed: Cllr Stewart                 Seconded: Cllr Gray                (Unanimous)

162766 – The Rectory, Rectory Close, Colchester CO4 5DN – Extension and remodelling – Received 28th November 2016

It was resolved to support this application.

Proposed: Cllr Hewitt                  Seconded: Cllr Dickinson        (Unanimous)

135-16/17     To receive copies of Planning/Appeal Decisions

Copies of the following Planning/Appeal Decisions were received.

162248 – Colchester Primary Care Centre, Turner Road, Colchester CO4 5LB – Proposed extension to provide stairs, 2 lifts and locating air-plant units to the main roof – Permission granted, 12 conditions, 11th November 2016

162534 – 30 Prior Way, Colchester CO4 5DQ – Single storey rear extension. Pitched roof construction. Rendered façade. – Permission granted, 3 conditions, 25th November 2016

162393 – 29 Peto Avenue, Colchester CO4 5WG – Glass conservatory attached to rear of the building – Permission granted, 2 conditions, 28th November 2016

160147 – Former Severalls Hospital Site, Severalls Hospital, Boxted Road, Colchester, CO4 5HG – Refurbishment of retained buildings (Larch House, Administration Building, Water Tower and part of the Echelon Building) to provide 20 residential units, car parking, landscaping and private amenity space – Permission granted, 33 conditions, 29th November 2016

160148 – Former Severalls Hospital Site, Severalls Hospital, Boxted Road, Colchester, CO4 5HG – Listed building application for the refurbishment of retained buildings (Larch House, Administration Building, Water Tower and part of the Echelon Building) to provide 20 residential units, car parking, landscaping and private amenity space – Permission granted, 11 conditions and s106 Undertaking, 29th November 2016

162406 – 80 Nayland Road, Colchester CO4 5EW – Erect a pvcu conservatory to front of property – Permission refused, 14th November 2016

APP/A1530/W/16/3152632 (152290) – 210 Bergholt Road, Colchester CO4 5AS – Erection of new one bedroom bungalow to rear of site – Appeal dismissed, 20th October 2016

APP/A1530/W/16/3153028 (160465) – 210 Bergholt Road, Colchester CO4 5AS – Proposed new one bedroom bungalow to rear of property – Appeal dismissed, 20th October 2016

APP/A1530/W/16/315274 (160048) – Land at junction of Bergholt Road and Tufnell Way, Colchester – Appeal dismissed, 20th October 2016

124-16/17     Date of next meeting – 4th January 2017, 7.15pm @ 101 Nayland Road

The meeting closed at 8.19pm.