Planning & Development Committee - 16th June 2021

Notes & Decisions of the Planning and Development Committee Meeting

Held on Wed 16th June 2021 at 7.30pm in the JL Hall, Orpen Memorial Hall, Lexden Rd and available via Zoom

Planning Committee Members:	Bob Tyrrell, Brian Butcher, Andrew Savage, Norma Smith and Laura Walkingshaw (Parish Clerk)	Next meeting: Wed 21^st July 2021 at 7.30pm in JL Hall
Attending via Zoom	5 members of the public
Apologies:	Ex officio member Chris Stevenson
Members of the public present:	7 members of the public
Declarations of Interest:	None

It is the aim of the Parish Council to seek a high standard of design for all new developments and extensions in the Village.

The Parish Council will take into account the Village Design Statement and the West Bergholt Neighbourhood Plan, when making comments and decisions on Planning Applications.

Item 1: To receive any pre-application representations regarding proposed planning applications.

There were no pre-application representations brought before the Committee, however a number of residents we

re in attendance in order to hear an update on preparations for the Colchester Borough Council (CBC) Planning Committee due to be held tomorrow night (17th June) at which PA 210787 87 Colchester Road (Ash’s Store) change of use to part fish & chip shop will be discussed.

Only one person is allowed to speak in support of the proposal and one against at the CBC meeting and Cllr Bob Tyrrell, chairman of the WB Planning Committee, has been chosen as the person to speak in opposition to it. Cllr Tyrrell has prepared a statement, which he must read in the 3 minutes allocated. In addition, Borough (and County) Councillor Lewis Barber will also have an opportunity to speak. Cllr Tyrrell will ask for it to be refused under PP14 of the CBC-adopted WB Neighbourhood Plan, which states:

PP14: Expansion of Employment Sites Proposals to upgrade or extend existing employment sites will be supported provided that:

the impact on the amenities enjoyed by occupants of nearby properties is acceptable; and
where appropriate, they satisfactorily demonstrate expected traffic impact is acceptable in terms of highway safety and the amenity of nearby residents.

However, if it looks likely to be approved by the CBC Committee, a deferral will be requested in order to negotiate changes to the opening hours (more in line with the Eight Ash Green fish shop), extra money for litter collection and a review after a year to assess the impact on the parish.

Many of the residents present made valid points in regard to the government’s strategy to cut obesity and the negative impacts the application will have on its neighbours and the community. However, the WB Planning Committee explained that the Planning system does not take such issues into account and is very black and white when assessing applications viewing it from a planning aspect only. The report from Environmental Health was also discussed as it is not available for the public to read on the CBC planning portal, although the planning officer has said in their report that any issues raised by Env. Health will be taken into account with the conditions issued, not knowing what is in the report does not help allay concerns. However, frustrating though it is, the CBC Planning Officer is only following a process.

You can object to a planning approval via a judicial review if you believe that the local authority was wrong to grant the planning permission, for example, because in doing so CBC broke the law, or acted irrationally, then the court has a number of remedies available to it, including the power to quash the planning permission. However, this is not straightforward and can be very expensive as you will need a solicitor or barrister to argue the case in the High Court.

The Parish Council has not been approached by the applicant directly, even though the WB Planning Committee regularly gives pre-application advice, and once the application is submitted to CBC the process is then entirely through the Borough Council. However, whatever the outcome, this will be an application that the Parish Council will raise in one of their periodic meetings with senior CBC planners, where differences in opinions are questioned and discussed.

Item 2: To discuss and make decisions on the following applications:

Location	Proposal	Application No. and link to CBC planning website	Object / Support / Observations	Decision or Recommendation	Comments made by Planning Committee
65 Mumford Road, West Bergholt, CO6 3BL	First floor front extension.	211600	Support	Decision	No objection to the proposal, however it was unfortunate that a street scene has not been provided: PP10 of the CBC-adopted WB Neighbourhood Plan, bullet point 4: Planning applications must show contextually the impact of their proposals on adjacent buildings by means of adequately detailed plans with accurate street elevations to avoid unacceptable adverse impact upon the amenities of the occupiers of nearby residential properties.
St Edmunds, 5 The Retreat, West Bergholt, CO6 3HN	Proposed entrance lobby to front elevation. Side extension providing a Utility Room and WC. Rear extension providing Garden Room.	211370	Support	Decision	The Parish Council has no comment.
30 New Church Road, West Bergholt, CO6 3JE (Revised Plans)	Demolition of existing detached house and erection 2 No. detached dwellings. (Revised Plans Received)	202544	Object	Decision	See statement PA202544 30 New Church Rd 170621 below:
The Parish Council is disappointed that the revised drawings dated 1st June 2021 as they do not make any attempt to address the previous issues raised. New Church Road is very much a semi-rural lane in the heart of our village, primarily, because of the proximity to The Heath, The Church, and Allotments. Thus, it deserves a less urban approach to architecture more in keeping with the local housing and styles. The current proposals will result in 2no large, urban-style houses jammed on the site and ignoring the existing urban grain. The Parish Council strongly object to these proposals. The Parish Council remains of the view that the application is contrary to its adopted Neighbourhood Plan. We have noted the minor changes, unfortunately, they fall short of addressing our main concerns: The spacing between the proposed properties is still contrary to the Borough Council’s Supplementary Planning Document Backland and Infill (Adopted Sept 2009 and revised Dec 2010). Parking to the front of the site is still very tight again contrary to the Essex Design Guide also the Village Design Statement policy DG35, as it will have an adverse effect on the adjacent properties. The application is also contrary to CBC Development Plan Core Strategy. New development should respect and enhance the character of the site, its context, and the surrounding area. The application is contrary to the West Bergholt Neighbourhood Plan (in particular policy PP10) and the West Bergholt Village Design Statement, both these documents having been adopted as supplementary planning guidance by Colchester Borough Council and are all available on the Parish Council’s website. The applicant never sought pre-application advice or any discussions with the Parish Council. The Parish Council remains of the opinion that the site is only suitable for a single dwelling or at best two semi-detached houses which is more in keeping with adjacent properties and the existing urban grain. whilst maintaining the 2.70m spacing on the southern boundaries The Council would like to question the height of the bungalow at 28 New Church Road, it appears to be lower than as shown on the elevations. Finally, the Parish Council laments the pre-emptive clearance of 90% of the mature trees and other shrubs prior to the submission of the planning application, the community has looked on aghast at the complete destruction of local biodiversity habitats that are completely unprotected, and which suggest that no public authority could quite frankly care less! The removal of 16 no. mature trees as stated by the arboriculturist just to “allow redevelopment” is unacceptable to the Parish Council, also the land shown outlined in blue on the site plan is clearly reserved for further development in Mumford Close, also having been cleared of trees and wildlife, but is currently landlocked. We still consider the application is overdevelopment and seek CBC’s refusal of the application. The application is contrary PP10 of the CBC adopted West Bergholt Neighbourhood Plan specifically the VDS policies – DG2, DG3, DG10, DG11, DG15, DG18, DG28, DG29, and DG35: WB Neigh Plan PP10: Design: All new development should be of a high-quality design and sustainable construction is encouraged. Account should be taken of the guidance and principles in the Village Design Statement, which seeks to promote or reinforce local distinctiveness. In particular new development and any additions or extensions to existing dwellings will be expected to: Have an acceptable visual impact on the valley sides; and Give careful consideration to mitigating the impact on views across the village; and Buildings must respect the character of and be in harmony with their surroundings in respect of plot width, layout, building lines, materials, height, proportion, scale and massing; and Planning applications must show contextually the impact of their proposals on adjacent buildings by means of adequately detailed plans with accurate street elevations to avoid unacceptable adverse impact upon the amenities of the occupiers of nearby residential properties; and Details of boundary walls, fences and gates shall reflect the character, design and materials of means of enclosure within the village to mitigate the impact of urbanisation. Village Design Statement: DG2: Where it is a planning issue any remaining hedgerows, native trees and small copses should be retained in the new landscape plans. DG3: General Design – all proposed new build and extensions must enhance the area and make a positive architectural contribution. DG10: Any infill development should reflect the character of the surrounding area and protect the amenity of neighbours. It should reinforce the uniformity of the street by reflecting the scale, mass, height, form, materials, fenestration and architectural details of its neighbours. DG11: The width of new building plots should be similar to that prevailing in the immediate area . DG15: Infill – developments should be modest in proportion and in scale with surrounding properties. They should not dominate. Their architectural style and finishes should be compatible and vernacular. Any infill should comply with Infill SPD. DG18: Development undertaken should be in keeping with the planned nature of existing buildings. DG28: There should be no unacceptable adverse impact upon the amenities of adjoining residential properties. Wherever possible mature trees and shrubs should be conserved. DG29: New buildings, in any area, should respect the scale and design of adjacent buildings. Extensions should be subservient to the original building. DG35: New parking directly in front of property should be avoided.
115 Chapel Road, West Bergholt, CO6 3HA	Rear extension and internal alterations providing a sensory room.	211296	Support	Decision	The Parish Council has no comment.
Oak View Landscapes, Patterns Yard, Nayland Road, CO6 3DQ	Single storey storage shed for (Use Class B8) to support existing Landscape Yard functions.	211551	Support	Decision	The Parish Council has no comment.

Item 3: Review Planning Decisions:

West Bergholt PC Decision Date	WBPC Decision	Application No. and link to CBC planning website	Location	Proposal	CBC/Appeal Decision Date	CBC/Appeal Decision	Appeal Pending
21/04/21	Support	210915	8 Hop House, Colchester Road, West Bergholt, CO6 3NW	Installation of conservation roof light and adjustments to non-load bearing internal partition.	26/05/21	Approved Conditional
21/04/21	Support	210916	8 Hop House, Colchester Road, West Bergholt, CO6 3NW	Installation of conservation roof light and adjustments to non-load bearing internal partition. (Listed Building)	26/05/21	Approved Conditional
19/05/21	Support	211291	Fordham Place, Bergholt Road, Fordham, CO6 3NU	Application to determine if prior approval is required for proposed excavation of reservoir for agricultural irrigation purposes with access track.	01/06/21	Withdrawn
21/04/21	Support	210980	83 Chapel Road, West Bergholt, CO6 3HL	Demolition of a modern conservatory and detached single garage. Erection of a proposed single-storey side extension with associated minor alterations to the existing house. Erection of a replacement single storey detached garage and store.	07/06/21	Approved Conditional
21/04/21	Support	210981	83 Chapel Road, West Bergholt, CO6 3HL	Demolition of a modern conservatory and detached single garage. Erection of a proposed single-storey side extension with associated minor alterations to the existing house. Erection of a replacement single storey detached garage and store. (Listed Building)	07/06/21	Approved Conditional
21/04/21	Object	210909	16a Mumford Road, West Bergholt, CO6 3HU	Garage including workshop area: 7m x 3.5m, height 3.5m; timber featheredge boarding on a concrete base, with a brick back wall against the boundary fence. Replacing current tin garage.	08/06/21	Approved Conditional
21/04/21	Support	210871	71 Chapel Road, West Bergholt, CO6 3JA	Demolish single-storey kitchen extension and erect two-storey side extension comprising dining room to ground floor and bedroom to first floor.	09/06/21	Approved Conditional
26/05/21	Object	211335	9 Bradbrook Cottages, Armoury Road, West Bergholt, CO6 3JW	Resubmission of application number 210196 following redesign, for a single linked 2 bedroom house.	O/S
19/05/21	Support	210841	Grange Cottage, Hall Road, West Bergholt, CO6 3DX	Construct timber single garage.	O/S
21/04/21	Object	210787	87 Colchester Road, West Bergholt, CO6 3JU (Ash’s Store)	Part Change of Use to Takeaway (Fish & Chip Shop) Change of Shopfront; installation of extractor Hood & Fan & External Cold Rooms.	O/S
21/04/21	Object	210756	Hill House Farm, 157 Colchester Road, CO6 3JX	Demolition of existing ancillary building / stables with the construction of a single storey annex.	O/S
21/04/21	Object	210757	Hill House Farm, 157 Colchester Road, CO6 3JX	Demolition of existing ancillary building / stables with the construction of a single storey annex. (LIsted Building)	O/S
21/04/21	Object	210682	One, Whitehouse Lane, West Bergholt, CO6 3ET	Fitting of acoustic fence to the Western boundary of the property, adjacent to Newbridge Hill.	O/S
17/3/21	Object	210550	2 Ormonde Close, West Bergholt, CO6 3LF	Single storey rear extension to property (change of material)	O/S
17/2/21	Object	210192	16 Newbridge Hill, West Bergholt, CO6 3ER	Part first floor and two storey front extension.	O/S
17/2/21	Object	ESS/11/21/COL	Colchester Skip Hire, Greenacres, Packards Lane, Wormingford, CO6 3AH	Continuation of use of waste recycling facility without compliance with condition 11 (HGV Movement Times) of planning permission ESS/09/18/COL that was for “Erection of Clean Materials Recycling Facility ………with amendments to site operating hours and HGV movement times to permit 24 HGV Movements between 07:00- 16-30 hours on Good Fridays” to now allow for 6 HGV movements between 05:30 – 0600 hours; 10 HGV movements between 06.00 – 07.00 hours and 10 HGV movements between 07.00 – 07.30 hours to allow more flexibility in early morning movements periods.	O/S
17/2/21	Object	210384	Box Cottage, The Avenue, West Bergholt, CO6 3HD	Proposed first floor rear extension & alterations & detached annex for carer.	O/S
27/1/21	Object	202544	30 New Church Road, West Bergholt, CO6 3JE	Demolition of existing detached house and erection 2 No. detached dwellings.(REVISED PLANS RECEIVED)	O/S
20/1/21	Support	201686	Land south of WB Cricket Club, Colchester Rd, WB	Outline application for up to 18 dwellings with access to be determined and all other matters reserved. (AMENDED PLANS)	O/S
16/09/20	Support	201925	Land adjacent, 12 Colchester Road, West Bergholt, CO6 3JG	Outline application for up to 7 dwellings with access determined and all other matters reserved.	O/S