The Planning Committee approved two applications: one for the retention and change of use of portacabins at Total Roofing Supplies, Old Ipswich Road, Ardleigh, and one for Reserved Matters relating to appearance, landscaping, layout, and scale for residential phases one and two, comprising 417 dwellings at Land at 757 St John's Road and Rouses Farm, Jaywick Lane, Clacton-on-Sea. The Committee also approved an application for the erection of an Artificial Grass Pitch at Tendring Technology College, Rochford Way, Frinton-on-Sea after deferring a decision on it at a previous meeting, and an application relating to a breach of planning control at Mistley Quay. The Committee refused an application for an extension to the existing Clacton FC, Rush Green Road, Clacton-on-Sea.

Land at 757 St John's Road and Rouses Farm, Jaywick Lane, Clacton-on-Sea

This application was for the approval of Reserved Matters for 417 dwellings within the first two phases of a larger development of up to 950 dwellings that was previously granted outline planning permission. The application was brought before the Committee at the discretion of the Head of Planning & Building Control.

The Committee was told that 84 of the 417 dwellings would be affordable, with a mix of one and two bedroom apartments, and two, three and four bedroom houses. 333 of the dwellings would be for private sale. The Committee heard that, while the application proposed more one-bedroom properties than set out in the Council's Strategic Housing Market Assessment, these properties are much more affordable to a large percentage of the population and will help create a mixed and balanced community.

The Committee was told that the design of the development had been amended following discussions with the Local Planning Authority to include a mix of brick types and colours, and high quality weatherboard cladding.

The Committee raised concerns about traffic calming on the spine road. They were told that the spine road has been designed as a slow road. >It will include raised sections, speed bumps and the road itself will have a lot of bends in it.

The Committee asked when the school site would be considered by the committee. They were told that the Section 106 agreement that accompanied the outline planning permission stated that Essex County Council will have to serve an Education Site Notice on the owners of the education site land within 10 years of the 300th dwelling being occupied.

The Committee asked if the affordable and market housing would look the same, and was told that they would be indistinguishable.

Land to the rear of Taylor Cove, Harwich Road, Beaumont, Clacton-on-Sea

This application sought to relocate an existing double field shelter and was brought before the committee by Councillor Dan Land.

Councillor Land explained his reasons for calling in the application, saying that the field shelter represented an intrusion into the open countryside. > blocking views of the Hamford Water Site of Special Scientific Interest (SSSI) with no detail of how environmental factors would be dealt with.

The Committee asked if the application site formed part of the Hamford Water SSSI. They were told that the application site lay outside of the scientific interest area, and was around 2km away from it.

The Committee asked why the applicant had to move the shelter forward rather than leaving it where it is. The officer explained that the shelter was currently a temporary structure, but that the application sought to change its use to that of a permanent structure.

The Committee asked if the application was prompted by a complaint to planning enforcement. They were told that a complaint had been received, but that it was not being pursued as the current structure is lawful. The application was for a permanent structure, which would have to be moved onto land with planning permission for its use.

The Committee asked what would happen if more horses were added to the site. They were told that any new buildings to accommodate additional horses would require planning permission, but that further temporary field shelters could be placed on the site without planning permission.

Tendring Technology College, Rochford Way, Frinton-on-Sea, CO13 0AZ

This application sought permission for the construction of a new Artificial Grass Pitch on the grounds of Tendring Technology College, and was brought before the Committee because it had been called in by Councillor Nick Turner, and because it had been deferred from a previous meeting.

The Committee was told that the school and local residents were in dispute about the potential for noise disturbance. The Committee was reminded that the Council's Environmental Protection team had reviewed both noise assessments, but could not find any grounds to object. They explained that this was because the noise levels predicted in the applicant's assessment were in line with the World Health Organisation's criteria.

The Committee asked if the Council had provided an analysis of why the applicant's noise assessment had been accepted, but the resident's noise assessment had not. They were told that the applicant's assessment had used the appropriate standards and guidance, but that the resident's assessment did not contain any information that contradicted it.

The Committee asked if it was fair to say that the application was balanced. The officer responded by saying that >The overall position has not changed [since the last meeting], nothing has really changed, and the recommendation is highly balanced.

The Committee expressed concerns about the use of rubber crumb as a surface for the pitch, suggesting that it posed a risk to children. The officer explained that while there are known environmental problems with rubber crumb, it is not currently a banned substance. >It is being phased out around the world and it is believed the UK may review it next year. However, planning decisions have to be made right now.

The Committee asked how noise from spectators would be taken into account. They were told that the assessment did take transient noises into account, and that >There will be noise disturbance, whether that is from the players or any spectators, but there is not a spectators’ seating area, and the technical information falls within the guidelines.

Clacton FC, Rush Green Road, Clacton-on-Sea

This application sought to create a new all weather training pitch at Clacton FC, and was brought before the Committee because the land is owned by Tendring District Council, and because it represented a departure from the development plan. The application was refused.

The Committee was told that the site is designated as Safeguarded Open Space in the Local Plan. They were told that Policy HP4 of the Local Plan states that development will not be permitted on Safeguarded Open Space unless the applicant can demonstrate very special circumstances. The officer explained that while the proposal would bring health and economic benefits, the pitch would be fenced off. >The loss of the safeguarded open space would therefore be permanent.

The Committee asked if the application would comply with Policy HP4 if the pitch was available for public hire. The officer explained that while the policy is open to interpretation, the proposal would still be in conflict with it as it would restrict access to the land. >If it was open wider than that then it is still going to be reduced access because it is not open to the general public.

The Committee asked if the public currently have unrestricted access to the land. They were told that the public do have access to the land, and that >there is nothing stopping the public from going across the pitch if they wanted.

The Committee asked why the application was before them if it was contrary to policy. The officer explained that it was before them because the land was owned by the Council. >If it was not, then it would have been refused under delegated powers.

Lower Farm, East End Green, Brightlingsea, Colchester

This application was for a mixed-use tourist and residential development, and was brought before the committee because it was called in by Councillor Jayne Chapman BEM. The application was approved.

The Committee heard that the site is currently subject to a planning permission for a similar development that was granted in March 2021, but that the applicant was now seeking permission for a development that was 51% larger. The officer explained that the applicant's proposals were more sustainable than the consented scheme, and included an improved tourism offer and ecological benefits.

The Committee heard from a number of objectors to the application. Objections centred around the impact of the development on the local landscape, the amount of traffic it would generate, and the impact it would have on wildlife.

The Committee was told that Natural England had previously raised no objection to the application, but had sent an email before the meeting asking the Authority to give further consideration to the number of curlew birds on the site. Natural England noted that a formal survey had found 23 curlews on site, while objectors had suggested that there may be as many as 35 birds using the site.

The Committee was advised by the Council's Planning Solicitor that they had a legal duty to re-consult with Natural England, and that the application should be refused if Natural England did not confirm that the development would not adversely affect the integrity of a nearby European Designated Site.

The Committee asked if the application was in conflict with the Council's policies. The officer responded by saying that > That is down to the decision maker being the Local Planning Authority which would be Members, Officers are recommending that it is not in conflict.

The Committee agreed to approve the application subject to the receipt of a positive response from Natural England following re-consultation, and subject to the applicant entering into a Section 106 legal agreement to secure the following:

• Affordable Housing Contribution - £952,850
• Recreational Avoidance and Mitigation Strategy (RAMS)¹ Contribution - £163.86 per unit
• Public Open Space Contribution - £14,080 – Enhancements to Bayards Recreation Park
• Highway Contribution - £27,300 – Bus Stop Upgrade – Bayards Crescent
• Highway Contribution towards Public Right of Way (PRoW)² Improvements (Currently Uncosted)
• Phasing Plan (Trigger Points outlined at Section 10.1)
• Restriction on Occupation of Retirement Lodges – Over 55’s Only

It was agreed that if Natural England responded negatively to the re-consultation, the application would be brought back to the Committee. If Natural England responded positively, the decision notice would be issued.

Enforcement Report, Mistley Quay

This item related to enforcement action to be taken at Mistley Quay, and was discussed during a part of the meeting from which the press and public were excluded.

The Committee agreed to delay taking any immediate action, subject to the owners of the land engaging with the Council with proposals for a suitable alternative fence.