Development and Regulation Committee Committee Room 1, Friday, 23 January 10:30 County Hall, 2015 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 76 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 76 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 November 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 Cobbs Farm, Goldhanger 13 - 30 To consider Report DR/01/15, relating to the construction of an agricultural reservoir by the extraction and removal from the site of sand, gravel and surplus soils, together with construction of an access, internal road and ancillary buildings, at Cobbs Farm, Maldon Road, Goldhanger, Maldon, CM9 8BQ. References: ESS/34/14/MAL and ESS/35/14/MAL 5b Wallasea Island 31 - 56 To consider Report DR/02/15, relating to the continuation of the importation of waste to develop a coastal nature reserve and the allowing of modifications to the landform, at Wallasea Island, Rochford, Essex, SS4 2HD. Reference: ESS/44/14/ROC Page 3 of 76 5c Colchester Quarry 57 - 64 To consider Report DR/03/15, relating to the extraction of sand and gravel at Colchester Quarry and at Five Ways Fruit Farm, Warren Lane, Stanway, Colchester, CO3 0NN. Reference: ESS/23/14/COL 6 Village Green 6a Good Easter Sports Field, Good Easter 65 - 68 Application to register land at Good Easter Sports Field, Good Easter, Chelmsford CM1 4RY, as a town or village green. DR/04/15 7 Enforcement Update 7a Enforcement of Planning Control 69 - 74 To update members of enforcement matters for the period 1 October to 31 December 2014 (Quarterly Period 4). DR/05/15 8 Information Item 8a Applications, Enforcement and Appeals Statistics 75 - 76 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/06/15 9 Date of Next Meeting To note that the next meeting will be held on Friday 27 February 2015 at 10.30am. 10 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) Page 4 of 76 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. 11 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 76 Page 6 of 76 28 November 2014 Unapproved 1 Minutes MINUTES OF A MEETING OF THE DEVELOPMENT AND REGULATION COMMITTEE HELD AT COUNTY HALL, CHELMSFORD ON 28 NOVEMBER 2014 Present Cllr R Boyce (Chairman) Cllr C Guglielmi Cllr J Abbott Cllr M Mackrory Cllr J Aldridge Cllr C Pond Cllr K Bobbin Cllr J Reeves Cllr P Channer Cllr S Walsh Cllr M Ellis 1. Apologies and Substitution Notices Apologies were received from Cllr J Lodge (substituted by Cllr Pond) and Cllr Lady P Newton. 2. Declarations of Interest Cllr Bobbin declared a personal interest in agenda item 5a, Marsh Farm, Basildon, as a local Basildon Councillor. Cllr Ellis declared a personal interest in agenda item 5a, Marsh Farm, Basildon, as a local Basildon Councillor. 3. Minutes The Minutes and Addendum of the Committee held on 24 October 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 item: Construction and use of an Anaerobic Digestion Facility Location: Marsh Farm, Vange by-pass, Basildon, Essex Ref: ESS/13/14/BAS Applicant: Mr Alex Sell Public Speaker: Charles Baines speaking for. 5. Marsh Farm, Basildon The Committee considered report DR/46/14 by the Director for Operations, Environment and Economy. The Members of the Committee noted the contents of the Addendum attached to these minutes. Page 7 of 76 Minutes 2 Unapproved 28 November 2014 The Committee was reminded that the application sought the construction of an anaerobic digestion facility on an existing agricultural site. 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: Need Policy considerations and site location Ecology Landscape and visual impact Impact upon amenity Highways In accordance with the protocol on public speaking the Committee was addressed by Charles Baines, speaking on behalf of the applicant. Mr Baines made several points: Regarding odour, any emissions are strictly regulated by the Environment Agency. If permission is granted, an EA permit is required, which would make this a “controlled site”, subject to EA monitoring and liable to be shut down if emissions become excessive Aerobic composting has until recently been carried out on the site; and both chicken and cattle manure is already being imported, for use as fertiliser, and stored in the open. By contrast, the anaerobic digestion will be carried out in a sealed and controlled environment, reducing background odours Neither the Highways Authority nor Network Rail has raised objections. The site already uses the A13 for deliveries at the rate of 2 or 3 per hour during harvest; any further increase will be small and seasonal There is a long feeder lane coming off the A13, so there is plenty of room for any vehicles waiting at the level crossing; there is unlikely to be any tailback onto the carriageway Modern, high performance tractors are used, which can accelerate quickly as they rejoin the A13, and these are normally pulling empty trailers. In response to questions raised by Members, it was noted: The site is situated on a flood plain, but a Flood Risk Assessment has been submitted, to the satisfaction of the Environment Agency The level crossing is approximately 25 metres from the highway, but there is a long deceleration lane, which allows traffic leaving the A13 to approach the crossing safely. It also provides space for several vehicles to wait safely off the carriageway, should a situation arise when the gates were closed for a longer period than normal The crossing itself is closed quite frequently, as this is part of the London Fenchurch to Shoeburyness line; but there is no intention of restricting either the number of movements or the numbers of vehicles on site at any one time.