MINUTES of the meeting of the Planning Committee held on 31 March 2010 at 7.00 pm ------

Present: Councillors Stuart St. Clair-Haslam (Chair), Barry Palmer (Vice-Chair), Ben Maney, Joycelyn Redsell, Gerard Rice, Andy Smith and Steve Veryard

Co-Opted Mr John Vesey – Campaign to Protect Rural England Members:

Apologies: Councillors Peter Harris and Barrie Lawrence

In attendance: Councillor Diane Revell (Ward Member speaking on applications 09/00856/COND, 09/00638/FUL and 09/00854/FUL) Councillor Pauline Tolson (Ward Member speaking on application 10/00010/FUL) Councillor John Everett (Ward Member speaking on application 10/00010/FUL) Councillor Sue MacPherson (Ward Member speaking on application 10/00010/FUL) Councillor Wendy Herd (Ward Member speaking on application 09/00793/FUL)

A Millard - Head of Strategic Planning and Delivery A Esplen – Group Leader, Development Control L Nicholson – Planning Officer, Development Control C Blow – Planning Officer, Development Control M Ford – Assistant Engineer, Highways D Lawson – Deputy Monitoring Officer, Legal Services K Williams – Legal Services A Stuart – Principal Regeneration Solicitor B Clarke – Principal Democratic Services Officer V Freeman – Senior Democratic Services Officer

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The Chair took the opportunity to inform those present that the meeting would be audio recorded.

300 MINUTES

The Minutes of the Planning Committee, held on 11 March 2010, were approved as a correct record. 301 ITEMS OF URGENT BUSINESS

The Chair advised Members that there were no items of urgent business however, in noting that he was aware of a number of late possible requests for deferrals on the Agenda, he afforded the Head of Strategic Planning and Delivery the opportunity to explain that it may be beneficial to follow the order of the Agenda as printed, referring to the case officer prior to discussion, in order to ascertain whether the application was required to be deferred, giving the opportunity for reasons to be discussed.

This prompted further discussion by the Committee, particularly in relation to applications 09/00793/FUL, 0900638/FUL and 09/00854/FUL which sought planning permission, contrary to policy, in the Green Belt.

In querying the matter, particularly in relation to the rescinding of some recent decisions and additional information that had recently been received by the Council in connection, but which was yet to be considered by officers, Members sought legal advice.

The committee were informed by Mr Williams that in light of a QC’s opinion that had been received the day prior to the meeting, it was believed that the Planning Committee members should receive further, proper advice that had been fully considered, prior to making a decision on Green Belt applications. It was the wish of the Deputy Monitoring Officer that the committee go into private session in order to receive his advice, after which the public would be informed of the outcome and be given reasons for any actions taken.

Members raised concern at being requested to defer these particular applications further as they had been deferred more than once in the past, but agreed that at the appropriate time they would consider moving to an exempt session.

302 DECLARATIONS OF INTEREST

Councillor Redsell declared a personal interest in Application No 09/00854/FUL as she regularly visited Hall.

Mr Vesey declared a personal and prejudicial interest in Application No 09/00856/COND and informed the Committee that he would leave the meeting during consideration thereof.

303 PLANNING APPEALS

The Head of Strategic Planning and Delivery submitted a report on the appeals that had been lodged and the decisions taken on planning appeals, together with the dates of forthcoming inquiries and hearings. RESOLVED:

That the report be noted.

304 PUBLIC ADDRESS TO THE PLANNING COMMITTEE

Members were informed that in accordance with the rules for addressing the Committee, 11 members of the public had registered to speak at the meeting in addition to 5 Ward Members.

Mr Vesey left the meeting during consideration of the following application.

305 PUBLIC ADDRESS

Ms Lesley Mansfield, Local Resident, addressed the Committee in objection to the following application.

Mr Stanley Trencher, Secretary to the Trustees of Orsett Churches Centre, addressed the Committee in support of the following application.

Councillor D Revell was invited to address the Committee in relation to the following application.

306 APPLICATION 09/00856/COND - APPROVED

Orsett Congregational Church, High Road, Orsett Variation of Condition 10 of consent 00/00909/FUL, revised parking layout.

Members were informed that since publication of the Agenda, four further pieces of correspondence had been received, 2 of which were from the neighbours immediately adjoining the site and 2 letters from residents in the nearby area. The comments related to:

 Issues relating to rights of way across the site  Queries relating to the size of the parking spaces and turning areas within the site  Potential for drivers to be blocked in when using certain spaces  Vehicles already queue to get into the site  The number of spaces proposed was less than that originally required when the centre was first granted permission

Members were also advised that since receipt of the correspondence outlined above, revised plans, which were appended to the Supplemental Report which had been distributed at the meeting, had now been received and which had addressed previous highways concerns, thus now deemed to be acceptable in highways terms.

In view of this, approval was therefore now recommended, subject to the condition that the layout shall be implemented in accordance with the revised plans within 28 days of the date of decision, should Members approve the application.

Members raised concern in relation to the issue of rights of way across the site, however they were informed by Mr Williams that this was a Civil matter and a planning decision could only be made on planning grounds. The rights of way could not be considered in determining the application.

In concluding the debate, the Chair proposed the recommendation as contained within the subsequent supplemental report. This was duly seconded by Councillor Palmer. In being put to the vote, 5 members voted in favour of the proposal and 2 against, whereupon the Chair declared the proposal to be carried.

RESOLVED:

That the application be approved subject to the condition outlined in the subsequent supplemental report circulated at the meeting.

Action: Head of Strategic Planning and Delivery

307 PUBLIC ADDRESS

Mr. Stephen Peak, Resident, addressed the Committee in objection to the following application.

Mr. Gary Cumberland, Agent, addressed the Committee in support of the following application.

Councillors Tolson, Everett and MacPherson were invited to address the Committee in relation to the following application.

308 APPLICATION 10/00010/FUL – REFUSED

11 Foxfield Drive, Stanford le Hope Demolition of existing dwelling and erection of 1 No. x 2 bed Single Storey dwelling, 1 no. x 3 bed Single storey dwelling and 2 x 3 bed Two Storey dwellings.

Further to Minute No 276 (meeting held on 11 March 2010), a site visit was held on Thursday 25 March 2010 at 4.00 pm. Present: Councillors Palmer, Redsell, Veryard, Maney and Mr Vesey.

Apologies: Councillor Rice.

In attendance: C Blow, Planning Officer, Development Control M Ford, Assistant Engineer, Highways V Freeman, Senior Democratic Services Officer

Members were informed that a further 2 letters had been received since publication of the agenda. Furthermore the updated report contained in the Agenda included two additional conditions, outlined on page 43, regarding root protection of an existing tree within the adjacent garden and restriction of permitted development.

Members were also informed that the legal agreement, in accordance with Policy BE10, had now been signed by the applicants.

Members raised concern that the proposal represented over development on a cramped site, was contrary to policy H11 and were very concerned that the junction would be faced with problems, particularly later in the day.

The Chair who had indicated that upon hearing all the facts, was minded to go against the officer recommendation, enquired as to whether any other Member of the Committee would wish to put the recommendation outlined in the report. With no response, the Chair put the alternative proposal of refusal, for the reasons outlined above. This was seconded by Councillor Palmer. In being put to the vote, the proposal was unanimously agreed.

RESOLVED:

That the application be refused for the reasons outlined during debate, the detailed wording of which be delegated to officers in conjunction with the Chair of the Committee.

Action: Head of Strategic Planning and Delivery

The meeting was adjourned at 8.25 pm to allow for a comfort break and reconvened at 8.42 pm.

On reconvening the meeting the Chair posed the question to Mr Williams of Legal Services of the necessity to go into an exempt session for some of the applications.

Members were informed that entering a closed session would be for the purpose of receiving privileged legal advice in connection with the business of the Committee, in accordance with the Local Government Act 1972, which stated that the Council was entitled to give and receive legal advice in a closed session. The three applications for which it was wished to impart legal advice related to Farm, Manor House Farm and Orsett Hall.

For the sake of openness and democracy, the Chair invited each of the Agents for the three applications, being in attendance, to offer reasons to the Committee as to why they believed their applications, given some of the problems that had apparently recently arisen, should not be deferred and indeed should be determined at the meeting.

309 APPLICATIONS 09/00793/FUL - Mardyke Farm, Ship Lane, , 09/00638/FUL - Manor House Farm, Brentwood Road, , 09/00854/FUL - Orsett Hall, Prince Charles Avenue, Orsett

Mr Hopkins, Agent for Mardyke Farm, Mr Burry, Agent for Manor House Farm and Mr Barnard, Agent for Orsett Hall, were afforded the opportunity to inform the Committee as to why they believed the applications for which they were Agents’ should be determined at the meeting.

Members debated the matters and in drawing the debate to a close, the Chair put a proposal to the Committee that the meeting go into an exempt session for the purposes of receiving legal advice for the three applications outlined above. This was duly seconded by Councillor Palmer.

In being put to the vote, 5 Members voted in favour of the proposal and 2 against, whereupon the Chair declared the proposal to be carried.

RESOLVED:

That the Committee exclude the press and public from the meeting in accordance with schedule 12A of the Local Government Act 1972, information in respect of which a claim to legal professional privilege could be maintained in legal proceedings

The press and public were excluded from the meeting at 9.08pm.

An exempt minute of the advice received during the exclusion of the press and public has been produced.

During the exclusion of the press and public, suspension of Standing Orders was agreed by the Committee at 9.30 pm.

The meeting was reconvened at 9.50 pm. 310 APPLICATIONS 09/00793/FUL - Mardyke Farm, Ship Lane, Aveley, 09/00638/FUL - Manor House Farm, Brentwood Road, Bulphan, 09/00854/FUL - Orsett Hall, Prince Charles Avenue, Orsett - DEFERRED

Councillor Veryard put forward a proposal that the three applications in question be adjourned to no later than the next meeting which would be held on 22 April, in order that officers receive rejoinder advice and be given time to consider other information recently received. This was duly seconded by Councillor Rice. Upon being put to the vote 6 Members voted in favour, with 1 against, whereupon the proposal was declared carried.

Councillor Rice then proposed that the Committee should hold a Site Visit to Mardyke Farm and this was duly seconded by Councillor Redsell. In being put to the vote, 4 Members were in favour, with 3 against, whereupon the proposal was declared carried.

The Chair invited the Deputy Monitoring Officer to advise the press and public of the reasons for the advice received during the exempt session.

Accordingly the press and public were advised that legal advice imparted during the exempt session had been in relation to the three applications outlined below and for the following reasons:

Application 09/00793/FUL, Mardyke Farm, Ship Lane, Aveley As it was essential to give rejoinder advice in connection with QC’s advice received only the day prior to the meeting.

Application 09/00638/FUL, Manor House Farm, Brentwood Road, Bulphan Advice had been received only the day prior to the meeting and time was now required for officers to consider that advice.

Application 09/00854/FUL, Orsett Hall, Prince Charles Avenue, Orsett To allow time for further consideration of the recently submitted Business Plan.

The Press and Public were also advised that suspension of Standing Orders had been agreed during the exempt session.

RESOLVED:

i That the three applications outlined above be adjourned to no later than the next meeting which would be held on 22 April, in order that officers receive rejoinder advice and be given time to consider other information recently received. ii That consideration of the application in relation to Mardyke Farm be deferred to also allow the Committee to undertake a Site Visit.

iii The Chair also advised that application 09/00625/FUL, Hobletts Nursery, Green Lane, Clays would be deferred.

At 10.00 pm Mr Vesey proposed that the Committee should adjourn due to the lateness of the hour. This was not supported by the Chair who indicated that he was opposed to ending the session due to the fact that members of the public were in attendance and still awaiting the determination of their applications, there were Development Corporation applications which required a consultation response and furthermore, although late, the Committee had a duty to hear the applications.

In accordance with procedure rules, the Chair reiterated Mr Vesey’s proposal which was duly seconded by Councillor Rice. Upon being put to the vote, 2 Members were in favour of the proposal, with 5 against whereupon the Chair declared the proposal to be lost.

311 PUBLIC ADDRESS

Mr. Leigh Palmer, Agent, addressed the Committee in support of the following application.

312 APPLICATION 09/00843/OUT – SITE VISIT

Former Post Office, Calcutta Road, Redevelopment of the site to provide 16 x 1 bedroom flats.

Members were informed that since drafting the supplemental one further letter of objection in relation to parking had been received, furthermore the PCT had also advised that they would not require contributions.

Members were further advised that the matter had been deferred from the meeting held on 18 February to allow consultation for revised plans that had been received and that the consideration and consultation responses were detailed in the Supplemental Report circulated prior to the meeting.

The Chair proposed that a Site Visit be held as he was not familiar with the site. This was duly seconded by Councillor Smith. Upon being put to the vote, the proposal was unanimously agreed. RESOLVED:

That consideration of the application be deferred to allow the Committee to undertake a Site Visit.

Action: Head of Strategic Planning and Delivery

The Chair advised that he was minded to bring application 09/00837/TBC forward for the purposes of hearing the speaker’s statement who had requested that the application be heard earlier. This was duly agreed.

313 PUBLIC ADDRESS

Mrs Ann Clarke, Local Resident, addressed the Committee in objection to the following application.

Ms Janice White, TBC, addressed the Committee in support of the following application.

314 APPLICATION 09/00837/TBC - APPROVED

Garage Area, Oxwich Close, Corringham Demolition of existing garages and erection of 6 no. 2 bedroom flats and 10 no. 1 bedroom flats.

Further to Minute No 292 (meeting held on 11 March 2010), a site visit was held on Thursday 25 March 2010 at 4.30 pm.

Present: Councillors St. Clair-Haslam, Palmer, Redsell, Veryard, Maney and Mr Vesey.

Apologies: Councillor Rice.

In attendance: C Blow, Planning Officer, Development Control M Ford, Assistant Engineer, Highways V Freeman, Senior Democratic Services Officer J White – Housing Officer

Members were informed that the application had been deferred at the previous meeting to allow Members to undertake a site visit. It was also advised that the updated report detailed the additional consultation responses together with neighbour letters that had been received.

During debate Members noted that the site visit had enabled the Committee to see the disrepair of the site which they believed would be overcome by the application which would in turn enhance the area. In concluding the debate, the Chair proposed the recommendation as contained within the report. This was duly seconded by Councillor Palmer. In being put to the vote, the proposal was agreed unanimously.

RESOLVED:

That expressly for the purpose of Regulation 3(4) of the Town and Country Planning General Regulations 1992, permission be deemed to be granted for the above development, subject to conditions 1 – 14 outlined in the report dated 11 March 2010, contained within the Agenda.

Action: Head of Strategic Planning and Delivery

315 PUBLIC ADDRESS

Mr. Leigh Palmer, Agent, addressed the Committee in support of the following application.

316 APPLICATION 09/00678/OUT - APPROVED

Units 2, 3, 5, 7 Coubro & Scrutton Ltd, Lansdown Road Outline application for the re-development of the site to provide 45 two bedroom apartments with parking facilities, amenity space and landscaping.

Members were reminded that the application had been deferred at the previous meeting to enable officers to consider the revised plans that had been submitted, along with the applicant’s proposal with regard to affordable housing.

During debate Members raised various issues including the fact that the area was in need of regeneration, the amenity figures were similar to other sites within the area, the proposal would enhance the area, it was believed the issue regarding flood risk could be referred to GoEast for their opinion, there was a possibility of attaching conditions to any consent granted to overcome objections raised and off street parking concerns could be overcome with a Section 106 Agreement.

In drawing the debate to a close, the Chair enquired as to whether any Member of the Committee would wish to put the recommendation outlined in the report. With no response, the Chair put an alternative proposal of approval subject to referral of the application to GoEast in connection with the flood issues, and subject to a Section 106 Agreement to deal with off street parking. This was seconded by Councillor Palmer. In being put to the vote, the proposal was unanimously agreed. RESOLVED:

That the application be approved subject to:

i Referral to Go-East under the Town and Country Planning (Flooding) (England) Direction 2007 and subject to the outcome of the referral

ii The satisfactory completion of a Section 106 Agreement to secure financial contributions, funding towards a parking strategy and provision for affordable housing

iii Conditions to be delegated to officers in conjunction with the Chair of the Committee.

Rationale:

Towards development and contributions with a Section 106 Agreement to combat off street parking issues, providing redevelopment to meet housing targets and regeneration of an unsightly area.

Action: Head of Strategic Planning and Delivery

The Committee agreed to bring forward application 10/00089/FUL as there remained members of the public awaiting determination of their application.

Councillor Rice left the meeting at 11.04 pm and returned at 11.07 pm and did not take part in the voting of the following application.

317 APPLICATION 10/00089/FUL - APPROVED

85 London Road, Grays Demolition of existing structure and erection of 24 two bedroom apartments and associated works.

The Chair proposed the recommendation as contained within the report. This was duly seconded by Councillor Palmer. In being put to the vote, the proposal was unanimously agreed.

RESOLVED:

That the application be approved subject to:

i Referral to Go-East under the Town and Country Planning (Flooding) (England) Direction 2007 and subject to the outcome of the referral ii The satisfactory completion of a Section 106 Agreement to secure financial contributions towards education, community and PCT facilities

iii Conditions 1 to 15 outlined within the report.

Action: Head of Strategic Planning and Delivery

318 APPLICATION 10/00106/TBC - GRANTED

Park Buildings Including Pavilion, Corringham Recreation Ground, Recreation Avenue, Corringham Proposed temporary single storey building to accommodate changing rooms/toilets/shower facilities while existing pavilion is reinstated following water damage.

Members debated and agreed that the condition outlined in the report should be amended to read within 1 month, rather than within 1 week after the recommencement of the use of the existing pavilion building on the site.

The Chair proposed the recommendation as contained within the report. This was duly seconded by Councillor Palmer. In being put to the vote, the proposal was unanimously agreed.

RESOLVED:

That expressly for the purpose of Regulation 3(4) of the Town and Country Planning General Regulations 1992, permission be deemed to be granted for the above development, subject to an amendment to the condition outlined in the report, as noted above.

Action: Head of Strategic Planning and Delivery

319 APPLICATION 10/00040/TBC - GRANTED

Grays Beach, Thames Road, Grays Shade sail to replace existing wooden pergola structure

The Chair proposed the recommendation as contained within the report. This was duly seconded by Councillor Palmer. In being put to the vote, the proposal was unanimously agreed.

RESOLVED:

That expressly for the purpose of Regulation 3(4) of the Town and Country Planning General Regulations 1992, permission be deemed to be granted for the above development, subject to an compliance of the condition outlined in the report.

Action: Head of Strategic Planning and Delivery

320 APPLICATION 10/50127/TTGFUL - CONSULTATION

Heley International, London Road, West Demolition of one warehouse, extensions and alterations to two other warehouses.

The Chair proposed the recommendation as contained within the report. This was duly seconded by Councillor Palmer. In being put to the vote, the proposal was unanimously agreed.

RESOLVED:

That the Thurrock Thames Gateway Development Corporation be advised that has no policy objection to the proposal.

Action: Head of Strategic Planning and Delivery

321 APPLICATION 10/50128/TTGFUL

Shell Haven, The Manorway, Corringham Replacement/repositioning of existing kerosene/aviation fuel import pipeline and associated plant, machinery and works including part realignment of existing service road.

The Chair proposed the recommendation as contained within the report. This was duly seconded by Councillor Palmer. In being put to the vote, the proposal was unanimously agreed.

RESOLVED:

That the Thurrock Thames Gateway Development Corporation be advised that Thurrock Council has no policy objection to the proposal.

Action: Head of Strategic Planning and Delivery

322 APPLICATION 10/50132/TTGFUL

The Pullman Tavern, 61 High street, Grays Mixed use development consisting of the retention and extension of the Pullman Tavern Public House for A3/A4 use. The erection of office accommodation (B1) and 35 residential units (C3) use with associated car parking and landscaping.

The Chair proposed the recommendation as contained within the report. This was duly seconded by Councillor Palmer. In being put to the vote, the proposal was unanimously agreed.

RESOLVED:

That the Thurrock Thames Gateway Development Corporation be advised that Thurrock Council has no policy objection to the proposal.

Action: Head of Strategic Planning and Delivery

323 UNCOMPLETED LEGAL AGREEMENTS

A report for note was submitted to the Committee to inform of the action to be taken concerning three planning applications which the Planning Committee had resolved to approve subject to 106 agreements.

The Chair noted that Section 106 Agreements were necessary for developers to contribute towards funding regeneration within Thurrock.

RESOLVED:

That the actions outlined in the report be noted.

Action: Head of Strategic Planning and Delivery

324 SITE VISITS

In relation to Minute numbers 310 and 312, the Committee were requested to arrange a date and time on which to undertake the site visits.

RESOLVED:

That a Site Visit in respect of applications 07/00793/FUL and 09/00843/OUT be arranged so as to take place on Thursday 15 April 2010 to commence at 9.30 am at the site of application 09/00843/OUT (Former Post Officer, Calcutta Road, Tilbury).

The meeting finished at 11.18 pm. Approved as a true and correct record

CHAIRMAN

DATE

Any queries regarding these Minutes, please contact Beverlee Clarke, telephone (01375) 652721, or alternatively e-mail [email protected]