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Planning Committee - Tuesday, 3rd December, 2024 5.00 pm

December 3, 2024 View on council website
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Summary

The Planning Committee made 4 decisions. It decided to approve the reserved matters for 417 dwellings on land at 757 St John’s Road and Rouses Farm, Clacton-on-Sea. It also approved the retention of two portacabins and the retrospective addition of two more at Total Roofing Supplies, Old Ipswich Road, Ardleigh. The Committee decided to approve the erection of an artificial grass pitch at Tendring Technology College, Rochford Way, Frinton-on-Sea. Finally it decided to take enforcement action on unauthorised works to a fence at Mistley Quay.

Land at 757 St John’s Road and Rouses Farm

The reserved matters application for 417 dwellings on land at 757 St John’s Road and Rouses Farm, Clacton-on-Sea, covers the first two phases of a larger development of up to 950 homes. It includes details of a new spine road connecting St John's Road to Jaywick Lane, as well as open spaces, landscaping and the layout and scale of the dwellings. The reserved matters application does not include the primary school, healthcare facilities or neighbourhood centre, which will be dealt with in later applications.

Concerns were raised by Councillors about the new access from St John's Road, and the impact that this will have on the local road network and residents living along St John’s Road. The Committee was told that the new access had already been approved as part of the outline application, and that the impacts had been fully assessed at that time.

Councillors were also concerned about the access arrangements for the education land. The initial plans provided one vehicular access point for both staff and emergency vehicles, as well as a pedestrian access. Following concerns raised by the Education Authority, the applicant revised the plans to include separate access points for staff and emergency vehicles, and this was approved. Further details of the access arrangements will be submitted in later applications.

Tendring Technology College

The Committee considered a proposal for the erection of an artificial grass pitch (AGP) at Tendring Technology College, Rochford Way, Frinton-on-Sea. The application had been deferred from a previous meeting so that additional information could be provided. The additional information sought related to:

  • A Bat Survey Report.
  • A review by Tendring District Council’s Environmental Protection team of a Noise Impact Assessment provided by local residents.
  • Information demonstrating whether it would be possible to relocate the AGP to reduce its impact on neighbours.
  • A Construction Management Plan.

The Committee was told that this information had now been provided. Sport England, a statutory consultee on applications that impact on playing fields, raised no objection to the proposal subject to conditions relating to community use of the pitch and certification that it meets the appropriate standard for football. Tendring’s Environmental Protection team also raised no objections in respect of noise and light pollution from the pitch, although they did acknowledge that there would be a degree of noise and light disturbance to neighbours.

Officers do equally acknowledge that there is inevitably a degree of noise disturbances given the relatively close proximity of the development to neighbouring properties. Amendments to reduce the operating hours and re-locate the AGP away from neighbouring properties have helped reduce the level of harm, but Officers do still afford weight to this harm in the overall planning balance.

Despite this, officers concluded that the public benefits of the new AGP outweighed the harm, and recommended approval. The application was approved subject to conditions.

Total Roofing Supplies

The Committee considered an application for the retention of two portacabins and the retrospective addition of two more at Total Roofing Supplies, Old Ipswich Road, Ardleigh. The portacabins provide office and storage space for the roofing company.

Ardleigh Parish Council objected to the proposal. They expressed frustration that the site had been operating in breach of planning control for a number of years, and that this was the latest in a long line of retrospective planning applications for the site.

We have been aware of a new building and business operations on this site since at least 2020. Building work and then trading began without any planning permission. In the intervening years there have been applications for retrospective permission, including this one, enforcement complaints, then assurances that the site will be vacated and now an application to continue permanently. We are disheartened by the reliance of retrospective permission and the apparent disregard for the conditions applied. We are particularly concerned that the site and its access is not suitable for the scale of the current operations and poses a serious safety risk to highways users.

They were also concerned about highway safety issues relating to the site’s access on to Old Ipswich Road, and highlighted that a number of highway conditions imposed on the previous approval for the site had not been complied with.

Essex County Council Highways raised no objection to the proposal subject to conditions, and these were incorporated into the final decision. The application was approved subject to conditions.

Enforcement Report, Mistley Quay

The Committee considered an enforcement report on unauthorised works to a fence at Mistley Quay. The fence had been subject to an Article 4 direction1 removing permitted development rights. This meant that planning permission and Listed Building Consent should have been sought before any works to the fence were undertaken. Neither permission nor consent was sought and the unauthorised removal and replacement of parts of the fence represented a breach of planning control. The Committee agreed to delay taking any immediate action, subject to the owners submitting a planning application for the retention of the existing fence, or for a suitable replacement. If a valid application was not submitted within 6 months of the resolution, the Committee agreed that the Director of Planning and Community should pursue formal enforcement action.


  1. An Article 4 Direction is a legal tool used in planning law in England and Wales that allows a local planning authority to remove certain permitted development rights for specific properties or areas. This means that planning permission would be required for certain types of development that would normally be allowed without it. They are typically used to protect the character of an area or to control development where there is a particular need to do so.