Meeting on 18th December 2023. the Planning & Development Committee discussed the new Levelling up & Regeneration Bill which introduces some new practices to be reviewed.
Six planning applications were then discussed and three were supported, two objected and one no comment. These applications were for properties in Garling Walk, Fordham Road, Nayland Road, Cooks Hall Road, Poors Land and Armoury Road.
There was also discussion about potential ‘community contributions’ of £5,602.02 which might be allocated to the Community Hub if received.
Read the official minutes below:
Planning and Development Committee Meeting
Meeting held on Monday 18th December 2023 at 7.30pm in the John Lampon Hall
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, the West Bergholt Neighbourhood Plan, Government National Planning Policy Framework (NPPF) and CBC Planning Policies when commenting on individual applications.
Planning Committee Members:
Cllrs Bob Tyrrell (Chair), Sara Cullis (Vice Chair), Andrew Savage, Brian Butcher, Paul Chamberlain
Also in attendance:
Laura Walkingshaw (Clerk) and one member of the public.
Agenda items:
1. Welcome & Apologies for absence:
Apologies were received from Julie Gillott (Asst. Clerk)
2. Declarations of interest:
There were no declarations of interest, other than item 6, PA232678, the Parish Council’s own Certificate of Lawfulness application for the Poor’s Land Servery.
3. Minutes & actions from previous meeting
Previous minutes were agreed and Cllr Savage was thanked for commenting on behalf of West Bergholt Parish Council Planning and Development Committee regarding the EPOA Parking Guidance Consultation Notification.docx
4. Public participation and to receive any pre-application representations.
The only member of the public present asked to comment on item 6, PA232751 from Blackheath Bulb Company, therefore see below.
5. To discuss the Department for Levelling Up, Housing and Communities’ (DLUHC) Levelling-up and Regeneration Bill.
The Committee discussed the new bill, which came into law on 26th Oct 23, the summary of which can be found in Appendix 1, attached at the end of this document. There are a few changes to look out for such as the consideration of “distinctive features” and queries around what a “street vote” might entail, however the committee will look to discuss with Colchester City Council (CCC) in due course, once they are in a position to fully understand the changes.
6. Planning applications:
232641 3 Garling Walk, West Bergholt, CO6 3LG
Two storey extension to the side and rear. Single ground floor extension to the rear and front with an additional front porch.
Comment: Having considered all the details of this application, the Parish Council has decided not to comment.
Decision: Support
232722 Highfield Farm, Fordham Road, West Bergholt CO6 3DP
Outline application to site three Shepherd’s Huts on agricultural land for rental/leisure purposes.
Comment: Having considered all the details of this application, the Parish Council has decided to support, subject to Highways approval of the application.
Decision: Support
232751 Blackheath Bulb Company, Nayland Road, CO6 3DE
Replacement of three agricultural buildings with three dwellings.
At this point the member of the public, not related to the application in any way, but as a regular observer of the Planning Committee, spoke in support of the Blackheath Bulb Company application and asked that the WBPC Planning Committee look upon this latest application favourably, having seen all of the previous applications throughout the past couple of years.
Comment: Having considered all the details of this application, the Parish Council has decided to object to the application as it is still not in accordance with the CCC-adopted WB Neighbourhood Plan being outside the village settlement boundary. The Council would also reiterate many of the points made previously in regard to application 202756 to the Planning Inspectorate in its letter dated 29th Dec 2021:
- Site location plans show the application’s location 1200m from the West Bergholt Settlement Boundary and the application’s close proximity to the adjacent Grade 2 listed Building.
- West Bergholt Parish Council objected to the original Class Q application, as the existing buildings are of poor quality and the Parish Council felt they were unfit for economic conversion. It also objected to the subsequent application for 3 new-build residential units which are incongruous in design and do not successfully relate to the existing vernacular. Whilst the design may now have improved slightly, the proposal is still adjacent to a Grade II listed building and outside the settlement boundary of West Bergholt. The application is still also contrary to West Bergholt Neighbourhood Planning Policies PP9 and PP10 and is not considered to be a sustainable development due to future occupants being reliant on personal transport.
- West Bergholt Parish Council also reiterates that in 2011 the Localism Act was introduced with the intention of putting greater power in the hands of local people with the aim of making the planning system simpler, more efficient, and firmly rooted in the local community. Since then, we know that over 1,500 communities have prepared Neighbourhood Plans, which have successfully passed their referendum. Indeed, the government commitment to Neighbourhood Planning continues to this day, with Proposal 9 of The Planning for the Future stating that “Neighbourhood Plans should be retained as an important means of community input” and the Levelling Up and Regeneration Bill of 2023 giving Neighbourhood Plans greater weight in planning decisions. In our case, 94% of those turning out from the local community voted in favour of the West Bergholt Neighbourhood Plan being used to help decide planning applications for the period 2018 to 2033.
- The West Bergholt Neighbourhood Plan was developed as a result of a vigorous and robust process involving “considerable interaction and consultation with the community from designation of the Neighbourhood Plan area in July 2013 onwards, throughout the Plan preparation stag-es”, as noted by the independent examiner, Jeremy Edge, with the Plan found to meet the Basic Conditions of the Town & Country Planning Act 1990, contributing to local and strategic housing needs and allocating sites for this purpose. In doing so, we have worked in partnership and listened to our community, and the strong support at the local referendum shows this. We have prepared robust evidence to formulate policies that reflect local aspirations while conforming to national and local policy. These policies have been tested at independent examination and the Plan has been made, following a significant level of support at referendum.
- We consider that the Application in no way accords with the aims of the West Bergholt’s Neighbourhood Plan. We therefore consider that our Neighbourhood Plan should be upheld as an effective means to shape and direct future development in West Bergholt and request that this application is rejected.
Decision: Object
232766 Old Rectory Lodge, Cooks Hall Road, West Bergholt CO6 3EX
Replacement rear extension and link to rebuilt outbuilding. Alterations to roof pitch to accommodate room in roof with new dormer to front. Replacement garage to form annex for home office and guestroom.
Comment: Having considered all the details of this application, the Parish Council has decided to support the application subject to approval being conditional on the annex only being used solely by people associated with, and users of, the main dwelling, and that it is not sold or let separately to the applicant’s main property.
Decision: Support
232678 Poors Land adj, Heathlands Primary School, New Church Rd, CO6 3JF
Construction of a single storey pitched roof detached building (2.915 x 5.165m) of cavity wall construction to the Poors Land, for use as a servery and all inclusive disabled access toilet, which will be self contained in respect of its own welfare facilities.
The Parish Council declared an interest at this point once more, as it is sole trustee of the Poor’s Land and cannot comment, however the council included it on the planning application list in the interests of transparency, so residents are aware of the proposals and have an opportunity to comment if they wish to.
Certificate of Lawfulness – No comment required
232778 Land at, Armoury Road, West Bergholt Colchester
Application for approval of reserved matters following outline approval. (APP/A1530/W/18/3211685 / 180733)
The Planning Committee is aware that this application refers to reserved matters and that the outline approval has already been given, so it would not normally be expected to comment, however it would reiterate that this application is outside the CCC-approved WB Neighbourhood Plan’s agreed settlement boundary, the council robustly objected to the application at the time, and it was only granted on appeal.
Now that it has been approved and is at the stage of looking at reserved matters, the Planning Committee would ask that CCC Planners ensure that all aspects of the WB Neighbourhood Plan are adhered to in each part of the application.
Recommendation only: Objection
7. Planning Decisions:
| 232195 | 4 Bourne Road, CO6 3EP | 16/10/23 | Support | Existing lean-to conservatory to be removed & replaced with proposed single storey rear extension | 23/11/23 | Approved |
| 231736 | Land adj to, Hill House, 155 Colchester Road CO6 3JX | 14/08/23 | Objection | Application for approval of reserved matters following outline appeal approval APP/A1530/W/21/3267347 for erection of two dwellings, complete with access and parking | 24/11/23 | Approved |
| 232125 | Grange Cottage, Hall Road, CO6 3DX | 27/09/23 | Support | To construct a single storey storage shed. | 5/12/2023 | Approved |
| 232406 | 62 Albany Road, CO6 3LD | 13/11/23 | Support | Two storey rear extension and front porch. | 11/12/23 | Approved |
| 232435 | Church Cottage, Hall Road, CO6 3DU | 13/11/23 | Support | Loft conversion and other internal alterations along with the addition of a pool house to main house. Erection of an outbuilding consisting of a car barn, workshop, home office, kitchenette and bedroom at first floor. | 14/12/23 | Approved |
Update on work to the Cooks Hall Road Farm Cottages:
Cllr Savage has made enquiries to Planning Enforcement, who are now aware of the construction work and are waiting for a planning application to be submitted by the owners. Until the application has been submitted and approved, all the work being undertaken is at the owner’s own risk.
8. To discuss the proposed community contribution of £5,602.02 from planning application 232751 if it is approved by CCC, and to identify which community project this award can be aligned towards.
The WB Planning Committee agreed that any section 106 monies from PA 232751 go towards the construction and establishment of the West Bergholt Community Hub project. The Committee proposed payment of the monies should be made to CCC on the commencement of work onsite of PA232751. Clerk to inform Mark Healy of CCC and to copy in Karen Syrett (joint Head of CCC Planning).
9. Date of next meeting:
The next Planning Committee meeting will be held at 7.00pm on Monday 15th January in the John Lampon Hall, Lexden Road, CO6 3BW.
The meeting closed at: 8.45pm
Appendix 1
17 things you need to know about the government’s new Levelling up and Regeneration Bill
Published 7 November 2023 (Society of Local Council Clerks – News)
As of 26 October 2023, new measures have become enshrined in law after the Department for Levelling Up, Housing and Communities’ (DLUHC) Levelling-up and Regeneration Bill received Royal Assent. Here are 17 things you should be aware of:
- After a difficult passage through the Lords, it came into force late last month.
- A new mandatory Single Infrastructure Levy will replace Section 106 agreements and the Community Infrastructure Levy. The neighbourhood share, as currently occurs under the Community Infrastructure Levy, will be retained.
- It also places “a new duty on local authorities to prepare infrastructure delivery strategies to outline how they intend to spend the levy”.
- All local authorities will be required to have a design code in place covering their area.
- Gives neighbourhood plans greater weight in planning decisions.
- Includes new ‘street vote’ powers, allowing residents on a street to bring forward proposals to extend or redevelop their properties in line with their design preferences.
- Will allow parish councils and neighbourhood forums to produce a simpler ‘neighbourhood priorities statement’, which the local authority will be obliged to take into account when preparing its local plan.
- The scope of local plans will be limited to ‘locally specific’ matters, with ‘issues that apply in most areas’ to be covered by a new suite of national policies.
- Will accelerate the adoption of local plans.
- Provides local planning authorities the power to refuse planning applications where a developer has a track record of delayed build out.
- Strengthens enforcement provisions.
- Provides greater protection for heritage assets.
- Accelerates the digitisation of planning.
- Makes it easier to create single tier authorities in areas which presently have a two-tier system.
- Introduces a new discretionary council tax premium on second homes of up to 100%.
- Does not include any measure to enable local authorities to meet virtually.
- Many of its provisions apply to England only, but some to both England and Wales.