Development and Regulation Committee Committee Room 1, Friday, 28 10:30 County Hall, November 2014 Chelmsford, Essex Quorum: 3 Membership: Councillor R Boyce Chairman Councillor J Abbott Councillor J Aldridge Councillor K Bobbin Councillor P Channer Councillor M Ellis Councillor C Guglielmi Councillor J Lodge Councillor M Mackrory Councillor Lady P Newton Councillor J Reeves Councillor S Walsh For information about the meeting please ask for: Matthew Waldie, Committee Officer Telephone: 033301 34583 Email: [email protected] Page 1 of 92 Essex County Council and Committees Information All Council and Committee Meetings are held in public unless the business is exempt in accordance with the requirements of the Local Government Act 1972. Most meetings are held at County Hall, Chelmsford, CM1 1LX. A map and directions to County Hall can be found at the following address on the Council’s website: http://www.essex.gov.uk/Your-Council/Local-Government-Essex/Pages/Visit-County- Hall.aspx There is ramped access to the building for wheelchair users and people with mobility disabilities. The Council Chamber and Committee Rooms are accessible by lift and are located on the first and second floors of County Hall. If you have a need for documents in the following formats, large print, Braille, on disk or in alternative languages and easy read please contact the Committee Officer before the meeting takes place. If you have specific access requirements such as access to induction loops, a signer, level access or information in Braille please inform the Committee Officer before the meeting takes place. For any further information contact the Committee Officer. Induction loop facilities are available in most Meeting Rooms. Specialist head sets are available from Duke Street and E Block Receptions. The agenda is also available on the Essex County Council website, www.essex.gov.uk From the Home Page, click on ‘Your Council’, then on ‘Meetings and Agendas’. Finally, select the relevant committee from the calendar of meetings. Please note that an audio recording may be made of the meeting – at the start of the meeting the Chairman will confirm if all or part of the meeting is being recorded. Page 2 of 92 Part 1 (During consideration of these items the meeting is likely to be open to the press and public) Pages 1 Apologies and Substitution Notices The Committee Officer to report receipt (if any) 2 Declarations of Interest To note any declarations of interest to be made by Members 3 Minutes 7 - 16 To approve the minutes of the meeting held on 24 October 2014. 4 Identification of Items Involving Public Speaking To note where members of the public are speaking on an agenda item. These items may be brought forward on the agenda. 5 Minerals and Waste 5a Marsh Farm, Basildon 17 - 38 To consider Report DR/46/14, relating to the construction and use of an anaerobic digestion facility at Marsh Farm, Vange by-pass, Basildon, Essex. Reference: ESS/13/14/BAS 5b Brook Street, Chelmsford 39 - 48 To update Members on the appeal decision relating to the erection and use of a concrete batching plant and ancilliary water and aggregate recovery and recycling facilities at a former goods yard off Brook Street, Chelmsford CM11SU. DR/47/14 Reference: ESS/32/13/CHL Planning Inspectorate Reference: APP/Z1585/A/14/2217629 6 Village Green Page 3 of 92 6a Mill Lane Green, Walton on the Naze 49 - 88 To update Members on the High Court judgement relating to a refusal to grant an application to register land at Walton on the Naze as a town or village green. DR/48/14 7 Information Item 7a Applications, Enforcement and Appeals Statistics 89 - 92 To update Members with relevant information on planning applications, appeals and enforcements, as at the end of the previous month, plus other background information as may be requested by Committee. DR/49/14 8 Date of Next Meeting To note that the next meeting will be held on Friday 19 December 2014 at 10.30am. 9 Urgent Business To consider any matter which in the opinion of the Chairman should be considered in public by reason of special circumstances (to be specified) as a matter of urgency. Exempt Items (During consideration of these items the meeting is not likely to be open to the press and public) To consider whether the press and public should be excluded from the meeting during consideration of an agenda item on the grounds that it involves the likely disclosure of exempt information as specified in Part I of Schedule 12A of the Local Government Act 1972 or it being confidential for the purposes of Section 100A(2) of that Act. In each case, Members are asked to decide whether, in all the circumstances, the public interest in maintaining the exemption (and discussing the matter in private) outweighs the public interest in disclosing the information. 10 Urgent Exempt Business To consider in private any other matter which in the opinion of the Chairman should be considered by reason of special circumstances (to be specified) as a matter of urgency. __________________ Page 4 of 92 All letters of representation referred to in the reports attached to this agenda are available for inspection. Anyone wishing to see these documents should contact the Officer identified on the front page of the report prior to the date of the meeting. Page 5 of 92 Page 6 of 92 24 October 2014 Unapproved 1 Minutes MINUTES OF A MEETING OF THE DEVELOPMENT AND REGULATION COMMITTEE HELD AT COUNTY HALL, CHELMSFORD ON 24 OCTOBER 2014 Present Cllr R Boyce (Chairman) Cllr C Guglielmi Cllr J Aldridge Cllr T Higgins Cllr K Bobbin Cllr J Lodge Cllr M Ellis Cllr C Seagers Cllr I Grundy Cllr S Walsh 1. Apologies and Substitution Notices Apologies were received from Cllr J Abbott, Cllr P Channer, Cllr M Mackrory (substituted by Cllr Higgins), Cllr Lady P Newton (substituted by Cllr Grundy) and Cllr J Reeves (substituted by Cllr Seagers). 2. Declarations of Interest Cllr Aldridge declared a personal interest as a member of the Minerals and Waste Members Panel. 3. Minutes The Minutes and Addendum of the Committee held on 26 September 2014 were agreed and signed by the Chairman. 4. Identification of Items Involving Public Speaking Persons identified to speak in accordance with the procedure were identified for the following items: 1) Extension of time of 2 years to the period for commencement of development of planning permission granted by the Secretary of State, allowing the date of commencement to be extended from 2 March 2015 to 2 March 2017, in respect of an “Integrated Waste Management Facility”. Location: Rivenhall Airfield, Coggeshall Road (A120), Braintree Ref: ESS/41/14/BTE Applicant: Gent Fairhead & Co Ltd Public Speakers: Alan Stones speaking against David Whipps speaking for. 2) Erection of a two storey extension to provide three classrooms and ancillary space; cycle/scooter parking; and amendments to the levels of the south- western playground Location: Staples Road Primary School, Staples Road, Loughton, Essex, IG10 1HR Ref: CC/EPF/42/14 Page 7 of 92 Minutes 2 Unapproved 24 October 2014 Applicant: Essex County Council Public Speaker: Veronica Wallace speaking for And, speaking as local Member, Cllr C Pond. Councillor Guglielmi joined the meeting at this point. _______________________________________________________________ 5. Rivenhall Airfield, Braintree The Committee considered report DR/42/14 by the Director for Operations, Environment and Economy. The Members of the Committee noted the contents of the Addendum attached to these minutes. The Committee was reminded that the application sought an extension to the period of commencement of development of existing planning permission for an Integrated Waste Management Facility. Policies relevant to the application were detailed in the report. Details of consultation and representations received were set out in the report. The Committee noted the key issues that were: Justification for additional time to implement the planning permission Need for IWMF Environmental impact and impact on local amenity Highways Length of extension of time to commence development. In accordance with the protocol on public speaking the Committee was addressed by Alan Stones, a local resident speaking on behalf of local residents and groups. Mr Stones made several points: I am Chair of the Community Group that put the case against the proposal to the public inquiry in 2010. The Group represents all the local amenity societies plus the Ramblers Association and the Stop the Incinerator Campaign So many factors have changed since the planning approval five years ago – eg greater levels of recycling and number of anaerobic digesters –that the economic viability of the different elements of the proposal must have changed. One particular concern is that waste paper will come into Rivenhall from a much greater area; this has implications regarding road access The ongoing uncertainty about the flue stack height remains a concern. This needs to be resolved before consent is renewed. Any increase in Page 8 of 92 24 October 2014 Unapproved 3 Minutes height may require separate planning permission, but if it is required for the site to operate, then it will be too late The proposal should be subject to a thoroughgoing reappraisal of the technicalities and viability of the project. Agreeing any renewal of permission without such a reappraisal would be premature. David Whipps, speaking on behalf of the Applicant, then addressed the meeting. Mr Whipps raised several points: The application only seeks to allow commencement