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Development and Regulation Committee Development and Regulation Committee Committee Room 1, Friday, 25 April 10:30 County Hall, 2014 Chelmsford, Essex Quorum: 3 Membership: Councillor R Boyce Chairman Councillor J Abbott Councillor K Bobbin Councillor A Brown 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: 01245 430565 Email: [email protected] Page 1 of 128 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 128 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 - 12 To approve the minutes of the meeting held on 28 March 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 Land at Wallasea Island, Rochford 13 - 106 Continuation of the importation of waste to develop a coastal nature reserve without compliance with certain conditions attached to planning permission ref ESS/54/08/ROC to allow the importation of suitable natural material and to require cessation of site operations and restoration by 31 December 2025, together with the inclusion of previously agreed non-material amendments to permission ref ESS/54/08/ROC. Location: Wallasea Island, Rochford. Ref: ESS/09/14/ROC DR/14/14 6 Enforcement Update Page 3 of 128 6a Michelins Farm, Rayleigh 107 - 112 Unauthorised Development: A material change of use of the land from agricultural land to land used for the importation, deposition and spreading of waste materials, substantially raising the land levels. Location: Land at Michelins Farm, Southend Arterial Road, Rayleigh SS6 7NG. Ref: ENF/0614 DR/15/14 7 Information Items 7a Enforcement Report 113 - 124 To update members of enforcement matters for the period 1 January to 31 March 2014. DR/16/14 7b Applications, Enforcement and Appeals Statistics 125 - 128 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/17/14 8 Date of Next Meeting To note that the next meeting will be held on Friday 23 May 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. Page 4 of 128 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. __________________ 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 128 Page 6 of 128 28 March 2014 Unapproved 1 Minutes MINUTES OF A MEETING OF THE DEVELOPMENT AND REGULATION COMMITTEE HELD AT COUNTY HALL, CHELMSFORD ON 28 MARCH 2014 Present Cllr R Boyce (Chairman) Cllr I Grundy Cllr J Abbott Cllr C Guglielmi Cllr K Bobbin Cllr M Mackrory Cllr P Channer Cllr Lady P Newton Cllr M Ellis Cllr S Walsh 1. Apologies and Substitution Notices Apologies were received from Cllr Anne Brown, Cllr John Lodge and Cllr Jill Reeves (substituted by Cllr Grundy). 2. Declarations of Interest Cllr Lady Newton declared a personal interest in agenda item 5a, Little Warley Hall Farm, as a Member of Braintree District Council and Portfolio Holder for Planning at Braintree. Cllr Abbott declared a personal interest in agenda item 5a, Little Warley Hall Farm, as a Member of Braintree District Council. Cllr Bobbin declared a personal interest in agenda item 6a, Fulmar Way, Wickford, as a member of Basildon Council. 3. Minutes The Minutes and Addendum of the Committee held on 28 February 2014 were agreed and signed by the Chairman, subject to the amendment of the last paragraph on page 3, to accurately reflect the voting: “The resolution was moved, seconded and following a vote of none in favour and eleven against, failed. Then a second resolution, to identify the reasons for this decision was moved and seconded and following a vote of eleven in favour and none against it was Resolved …” 4. Identification of Items Involving Public Speaking The person identified to speak in accordance with the procedure was identified for the following item: Change of use from B8 (Storage and Distribution) to a waste transfer (Health Care Waste), storage and associated offices. Location: Fulmar Way, Wickford Business Park, Wickford, SS11 8YW Ref: ESS/08/14/BAS Public Speaker: Tim Hammond speaking for. Page 7 of 128 Minutes 2 Unapproved 28 March 2014 5. Little Warley Hall Farm The Committee considered report DR/09/14 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 original application (attached as Appendix 1 to the paper) was retrospective and so referred to an existing development. Permission had been resolved to be refused by the Committee at its meeting of 28 February, and, in line with Committee Protocol, the formal decision was being taken at this meeting to allow officers to present appropriate and reasonable reasons for refusal to the Committee. The Committee would also consider whether it was appropriate to take enforcement action. The Committee noted the Considerations as set out in the Report. In response to questions raised by Members, it was noted: It was not appropriate to introduce any new reasons for refusal without re-consideration of the application; Any enforcement notice would follow once permission had been refused. Any appeal against a notice would need to be lodged before the notice takes effect, normally within 28 days of service. Provided a valid appeal is lodged the Planning Inspectorate would decide what the appeal procedure would be (eg by written submissions or public enquiry) and as such this would determine the length of time any appeal would take. If significant harm was being caused from odour etc. after an Enforcement notice was served the planning authority could serve a Stop Notice, however if planning permission was subsequently granted the council could be liable for a significant compensation claim from the appellant for loss of business. Officers of the Council would need evidence of any suggestion of a change in activity – eg an increase in vehicle movement. The resolution was moved, seconded and following a unanimous vote in favour it was Resolved That planning permission be refused for the following reasons:- 1. That the development occupies an inappropriate location, which does not conform with the principles of sustainable development, as defined within the Framework, due to the detrimental impact the provision would have on the locality and local residential amenity, contrary to Essex and Southend Waste Local Plan 2001 policy W3A (Sustainable Development, National Waste Page 8 of 128 28 March 2014 Unapproved 3 Minutes Hierarchy & Proximity Principle).
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