Development and Regulation Committee Committee Room Friday, 26 October 10:30 1, 2012 County Hall Quorum: 3 Membership: Councillor Nigel Edey Chairman Councillor Bill Dick Vice-Chairman Councillor R Boyce Councillor M Garnett Councillor T Higgins Councillor S Hillier Councillor G McEwen Councillor M Miller Councillor D Morris Councillor R Pearson Councillor I Pummell Councillor J Reeves For information about the meeting please ask for: Ian Myers, Committee Officer Telephone: 01245 430481 Email: [email protected] Page 1 of 74 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 ‘Committees and Decisions’ and select ‘View Committees’. Finally, scroll down the list to the relevant Committee, click the ‘Meetings’ tab and select the date of the Committee. 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 74 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 Minutes 7 - 14 To approve as a correct record the Minutes of the Development and Regulation Committee held on Friday 24 August 2012. 3 Declarations of Interest To note any declarations of interest to be made by Members 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 County Council Development 5a Castle View School 15 - 26 The erection and use of a hammer cage and associated landscaping (part retrospective) DR3612 5b Queen Boudica School 27 - 38 New build single storey block comprising 2 classrooms, group room and ancillary accommodation with external covered teaching space and associated landscaping to facilitate expansion of school roll to 420 pupil places. Extension of car parking area to provide 4 additional car park spaces and surfacing of playing field area with artificial surface to provide all-weather MUGA sports area. Location: Queen Boudica Primary School, Cowper Crescent, off Turner Road, Colchester, Essex Ref: CC/COL/37/12 DR3712 6 Minerals and Waste Site Monitoring Protocol 39 - 66 To consider the Minerals and Waste Site Monitoring Protocol that covers both ‘chargeable’ and ‘non-chargeable’ minerals and waste sites taking into account best practice Page 3 of 74 and changes to legislation. DR3812 7 Information Items 7a Enforcement Update 2012 (Jul-Sep) 67 - 70 To update members of enforcement matters for the period 01 July to 30 September 2012 (Quarterly Period 2). DR3912 7b Statistics October 2012 71 - 74 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. DR4012 8 Date of Next Meeting To note that the next meeting will be held on Friday 23 November 2012 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 74 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 74 Page 6 of 74 24 August 2012 Unapproved 1 Minutes MINUTES OF A MEETING OF THE DEVELOPMENT AND REGULATION COMMITTEE HELD AT COUNTY HALL, CHELMSFORD ON 24 AUGUST 2012 Present Cllr N Edey (Chairman) Cllr T Higgins Cllr M Mackrory (*) Cllr J Reeves Cllr S Hillier Cllr C Riley (*) Cllr W Dick Cllr M Garnett Cllr I Grundy (*) 1. Apologies and Substitution Notices Apologies were received from Cllr D Morris, Cllr R Pearson, Cllr M Miller, Cllr I Pummell, Cllr G McEwen, Cllr R Boyce Substitutes were as shown above (*) 2. Minutes The Minutes and Addendum of the Committee held on 27 July 2012 were agreed and signed by the Chairman. 3. Matters Arising There were no matters arising. 4. Declarations of Interest Councillor Sandra Hillier declared a non-pecuniary interest as a Member of Basildon Borough Council. 5. Identification of Items Involving Public Speaking The persons identified to speak in accordance with the procedure were identified for the following item(s):- Retrospective application for the use of the site as a material storage, recycling and distribution facility Location: Codham Hall Farm, Codham Hall Lane, Great Warley, Brentwood, Essex Reference: ESS/40/12/BRW Public speakers: Michael Aves speaking for Page 7 of 74 Minutes 2 Unapproved 24 August 2012 Minerals and Waste 6. Codham Hall Farm The Committee considered report DR/29/12 by the Head of Environmental Planning. The Members of the Committee noted the contents of the Addendum attached to these minutes and a change to the conditions. The Committee was advised that the proposal was to regularise the use of the site as a material storage, recycling and distribution centre. 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: A Need and Economy B Green Belt and Impact on Landscape C Highway and Bridleway Impact D Impact on Amenity In accordance with the protocol on public speaking the Committee was addressed by Mr Michael Aves. Mr Aves said: The position of the site is ideal for the nature of the applicants’ operation. The applicant are seeking the security of knowing they will not be required to seek a new site part way through a ten year contract and would prefer an 8 year permission rather than the 5 years proposed by condition. Although in green belt, the site is dominated by the M25 and A127. Formerly arable land the agricultural use ceased many years ago. The processing of excavated material for re-use in the project is the most efficient and sustainable way of dealing with it. The applicants acknowledge the concerns raised about their operations but they take every practical precaution to limit dust and noise. In response to questions raised, Members were informed that: The importation of materials by its type is dealt with by condition. The resolution was moved, seconded and unanimously agreed and Resolved: That planning permission be granted subject to the following conditions: Page 8 of 74 24 August 2012 Unapproved 3 Minutes 1. COM3 – Compliance with Submitted Details. 2. The use of the site hereby permitted shall cease within 5 years of the date of this consent. All structures, plant, machinery on site, used in connection with the permission hereby permitted, shall be removed. 3. POLL1 – Surface and Foul Water Drainage. 4. DUST1 – Dust Suppression Scheme. 5. Notwithstanding the use of the site, the operation of the concrete crusher on site shall be confirmed to between the hours of: 09:00 – 17:00 Monday to Friday And at no other times or on Saturday, Sundays, Bank or Public Holidays 6. HIGH7 – Pedestrian/PROW Signage. 7. Within 6 months of the date of this consent details of the proposed improvement works to the bridge parapet shall be submitted to and approved in writing by the Waste Planning Authority. Such details are to include scale drawings of the proposed works together with details of construction and material finishes.