Development and Regulation Committee Committee Room 1, Friday, 18 10:30 County Hall, December 2015 Chelmsford, Essex Quorum: 3 Membership: Councillor R Boyce Chairman Councillor J Abbott Councillor J Aldridge Councillor K Bobbin Councillor M Ellis Councillor C Guglielmi Councillor J Jowers 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 176 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 176 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 Clerk to report receipt (if any) 2 Declarations of Interest To note any declarations of interest to be made by Members in accordance with the Members' Code of Conduct 3 Minutes 7 - 12 To approve the minutes of the meeting held on 27 November 2015. 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 5.1 Land to the south of Terminus Drive 13 - 82 To consider report DR/38/15, relating to the change of use and erection of buildings, hardstandings, roadways, parking and storage areas to enable the use of the site as a waste recycling and materials recovery facility (part retrospective) Location: Land to the south of Terminus Drive, Pitsea Hall Lane, Pitsea, SS16 4UH. Reference: ESS/13/15/BAS 5.2 Lufkins Farm, Great Bentley - New access road 83 - 94 To consider report DR/39/15, relating to the construction of a temporary access onto Great Bentley Road (Lufkins Lane), internal road and ancillary works to enable the removal of surplus material arising from the construction of an agricultural reservoir. Location: Lufkins Farm, Frating and Brook Farm, Great Bentley, Colchester Reference: ESS/40/15/TEN Page 3 of 176 5.3 Lufkins Farm, Great Bentley - S.73 application 95 - 156 To consider report DR/40/15, relating to an S.73 application for alteration of conditions 2,13,16,19,20,21,23 and 48 of ESS/10/13/TEN for extension of the time limit for implementation (by 5 years) of permission ref ESS/21/08/TEN for the construction of an agricultural reservoir involving the extraction of minerals and the removal of surplus soils. Location: Lufkins Farm, Frating and Brook Farm, Great Bentley, Colchester. Reference: ESS/41/15/TEN 5.4 Blixes Farm, Chelmsford 157 - 170 To consider report DR/41/15, relating to the installation of a sealed rectangular plastic coated polyester fabric bladder tank complete with vent pipes and drum type activated filters to facilitate the storage of abattoir wash water. Location: Blixes Farm, Ranks Green Road, Chelmsford Essex CM3 2BH. Reference: ESS/33/15/BTE 6 Enforcement Update 6.1 Land at intersection of A120 and B1256, Braintree 171 - 174 To note report DR/42/15, relating to the enforcement of planning control with regard to the importation, deposition, processing and spreading of waste materials on the land, substantially raising the land levels (the unauthorised development), on the land at the intersection of A120 and B1256 (Stortford Road), Braintree. Reference: ENF/0673 7 Information Item 7.1 Applications, Enforcement and Appeals statistics 175 - 176 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/43/15 8 Date of Next Meeting To note that the next meeting will be held on Friday 22 January 2016 at 10.30am. Page 4 of 176 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. __________________ 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 176 Page 6 of 176 27 November 2015 Unapproved 1 Minutes MINUTES OF A MEETING OF THE DEVELOPMENT AND REGULATION COMMITTEE HELD AT COUNTY HALL, CHELMSFORD ON 27 NOVEMBER 2015 Present Cllr R Boyce (Chairman) Cllr J Lodge Cllr J Abbott Cllr M Mackrory Cllr J Aldridge Cllr Lady Newton Cllr M Ellis Cllr J Reeves Cllr J Jowers Cllr C Seagers 1. Apologies and Substitution Notices Apologies were received from Cllr K Bobbin, Cllr C Guglielmi (Cllr Seagers substituted) and Cllr S Walsh. 2. Declarations of Interest Cllr Seagers declared a personal interest in agenda item 6.1, Michelins Farm, as a member of Rochford District Council 3. Minutes The Minutes and Addendum of the Committee held on 23 October 2015 were agreed and signed by the Chairman. 4. Identification of Items Involving Public Speaking There were none. Minerals and Waste 5. Land to the north of Hovefields Court, Basildon The Committee considered report DR/34/15 by the Director for Operations, Environment and Economy. The Members of the Committee noted the contents of the Addendum attached to these minutes. Policies relevant to the application were detailed in the report. Details of the consultation and representations were set out in the report. The Committee noted the key issues that were: Need, Principle and Location Landscape and Visual Amenity Traffic & Highways Public Rights of Way Hazardous Waste Page 7 of 176 Minutes 2 Unapproved 27 November 2015 Ecology Impacts on Hydrology Human Rights In response to questions raised by Members, it was noted: The asbestos coming on site will be double bagged and will not be sorted but will be placed in sealed containers in a sealed and fenced off area, prior to being removed for processing out of county. This will be regulated by the Environment Agency through an Environmental Permit. No objections have been raised by the Highways Authority with regard to the amount of vehicle movements. The applicant has stated this represents a consolidation of the existing sites in Basildon. The distance to the nearest residential property is 75 metres. Essex Fire & Rescue Service has been consulted with regard to fire issues and has raised no objection. The particular fire risk is covered by separate legislation and lies outside the remit of planning. The use of the recommended lighting condition allows the applicant to proceed, but still requires approval for any lighting to be installed on site. With regard to this last point, one Member suggested that it would be better to require the applicant to submit lighting plans before work began on the site. Consequently, an amendment to the substantive motion was proposed and seconded. Following a vote of seven in favour and three against, it was Resolved That Condition 21, relating to lighting, be amended, to require the applicant to submit any details of proposed lighting “prior to commencement” and that an additional condition is imposed to restrict the hours of use of lighting.