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(ii) A personal interest in Application No. 07/00495/FUL ? Countess Cross DECISION: That Councillors J C Collar, J P L P O-Reilly Cicconi and Mrs J A Pell of the household and that the existing oil heating system would remain.

Minutes

     Halstead Area

    Committee

th

    5 June 2007

Present

    Councillors Present Councillors Present Mrs J C Beavis Apologies H Messenger Yes R J Bolton (Chairman) Yes J O’Reilly-Cicconi Yes J C Collar Apologies Mrs R O’Shea Yes Mrs B A Gage Yes Mrs J A Pell Yes M G Gage Yes Mrs W D Scattergood Apologies N R H O Harley Yes A F Shelton Yes D Hume Apologies Mrs G A Spray Yes N G McCrea Yes F Swallow Yes

Prior to the commencement of the meeting Members received presentations on the

    Councillor’s role in determining planning applications and on the Code of Conduct.

At the commencement of the meeting, the Chairman welcomed everyone and he invited

    Members to introduce themselves.

    3 COUNCIL POLICY CODE OF CONDUCT TRAINING

    DECISION: The Committee noted the recommendation from the Standards ththCommittee of 7 December 2006 which had been approved by Council on 19

    February 2007 requiring all Members of the Planning and Licensing Committees to

    receive training on the Code of Conduct (including predetermination and bias)

    within three months of the District Council Elections in May 2007.

4 DECLARATIONS OF INTEREST

    The following declarations of interest were made:

    Councillor R J Bolton declared a personal interest in Application No.

    07/00441/OUT Land to the rear of 40-58 North Street, Steeple Bumpstead as a

    member of the applicant’s family was known to him.

     Councillor Mrs B A Gage declared:-

     (i) A personal interest in Application No. 07/00278/FUL The Old De Vere

     Primary School, Queen Street, Castle Hedingham as the applicant was

     known to her.

     2

    For further information regarding these minutes, please contact Alison Webb, Democratic Services on

    extension 2614 or e-mail alison.webb@braintree.gov.uk

    (ii) A personal interest in Application No. 07/00495/FUL Countess Cross

     Bungalow, Countess Cross, Colne Engaine as an objector speaking during

     Question Time was known to her

    (iii) A personal and prejudicial interest in Application No. 07/00709/FUL Land

     adjacent to 22 Bois Field Terrace, Halstead as the applicant was known to

     her. Councillor Mrs Gage left the meeting whilst the application was

     discussed and she did not take part in the debate or vote.

     Councillor M G Gage declared:-

     (i) A personal and prejudicial interest in Application No. 07/00278/FUL The

     Old De Vere Primary School, Queen Street, Castle Hedingham as the

     applicant was known to him. In accordance with the Code of Conduct,

     Councillor Gage left the meeting during the relevant part of Question Time

     and whilst the application was discussed and he did not take part in the

     debate or vote.

    (i) A personal interest in Application No. 07/00495/FUL Countess Cross

    Bungalow, Countess Cross, Colne Engaine as an objector speaking during

    Question Time was known to him.

    (iii) A personal and prejudicial interest in Application No. 07/00709/FUL Land

     adjacent to 22 Bois Field Terrace, Halstead as the applicant was known to

     him. Councillor Gage left the meeting whilst the application was discussed

     and he did not take part in the debate or vote.

    Councillor J P O P O’Reilly-Cicconi declared a personal interest in Application

    No. 07/00495/FUL Countess Cross Bungalow, Countess Cross, Colne Engaine

    as an objector speaking during Question Time was known to him.

    Councillor Mrs R O’Shea declared a personal interest in Application No.

    07/00495/FUL Countess Cross Bungalow, Countess Cross, Colne Engaine as

    two objectors speaking during Question Time were known to her.

     Councillor Mrs J A Pell declared

    (i) A personal interest in Application No. 07/00495/FUL Countess Cross

    Bungalow, Countess Cross, Colne Engaine as an objector speaking during

    Question Time was known to her.

    (ii) A personal interest in Application No. 07/00709/FUL Land adjacent to 22

    Bois Field Terrace, Halstead as an objector was known to her.

    Councillor A F Shelton declared a personal interest in Application No.

    07/00495/FUL Countess Cross Bungalow, Countess Cross, Colne Engaine as

    an objector speaking during Question Time was known to him.

     3

    For further information regarding these minutes, please contact Alison Webb, Democratic Services on

    extension 2614 or e-mail alison.webb@braintree.gov.uk

    Councillor Mrs G A Spray declared a personal interest in Application No.

    07/00495/FUL Countess Cross Bungalow, Countess Cross, Colne Engaine as

    two objectors speaking during Question Time were known to her.

    Councillor F Swallow declared a personal and prejudicial interest in Application

    No. 07/00709/FUL Land adjacent to 22 Bois Field Terrace, Halstead as the

    applicant was known to him. Councillor Swallow left the meeting whilst the

    application was discussed and he did not take part in the debate or vote.

    In accordance with the Code of Conduct, all Councillors remained in the meeting,

    unless stated otherwise, and took part in the discussion for all the above items and

    the vote thereon.

5 MINUTES

    DECISION: That the minutes of the meetings of Halstead Area Committee held on thst April 2007 and 21 May 2007 be approved as a correct record and signed by the 10

    Chairman.

6 QUESTION TIME

    INFORMATION: There were seven statements made, a summary of which is

    contained in the Appendix to these minutes.

    Any amendments to the Officers’ recommendations having taken into account the

    issues raised by members of the public would be dealt with by conditions, a summary

    of which is contained within the appropriate minute. Full details of the Decision

    Notices are contained in the Register of Planning Applications.

7 PLANNING APPLICATIONS APPROVED

    DECISION: That the undermentioned planning applications be approved under the

    Town and Country Planning Act 1990, including Listed Building Consent where

    appropriate, subject to the conditions contained in the Development Director’s report,

    details of which are contained in the Register of Planning Applications.

    Plan No. Location Applicant(s) Proposed Development

    *07/00706/FUL Bulmer Mr P Rose Erection of detached garage,

    (APPROVED) Wheelwrights, Bulmer Street.

    *07/00278/FUL Castle Mr S Cohen Conversion of existing building

    (APPROVED) Hedingham to create single residential

     dwelling and

    construction of new garage and

    workshop, The Old De Vere

    Primary School, Queen

    Street.

     *07/00734/FUL Earls Colne Mr L Hermon Partial separation of first floor

     4

    For further information regarding these minutes, please contact Alison Webb, Democratic Services on

    extension 2614 or e-mail alison.webb@braintree.gov.uk

     (APPROVED) of no. 41 to create a

     storage/bedsit to no. 43.

     Proposed rear dormer window

     and removal of chimney to no.

     41 to create bathroom.

    Proposed new dormer to

    no. 43 to create stair well and

     bathroom, alterations to

     windows to both no. 41 and 43,

     41 - 43 High Street.

     *07/00563/FUL Great Henny Mr Peter Everest Addition of one pair of French

     (APPROVED) doors and replacement of

     existing doors and windows,

     Applecroft, Applecroft Farm

     Road.

     The above application was approved, subject to the following additional condition:-

    4. The outbuilding the subject of this application shall not be sold, transferred,

    leased, or otherwise disposed of except by way of a disposal comprising the

    whole of the site edged in blue on the approved plans returned herewith.

    *07/00709/FUL Halstead Mr B Day Erection of bungalow with

    (APPROVED) associated landscaping, land

     adjacent 22 Bois Field

     Terrace.

     *07/00441/OUT Steeple Mr G Westrope Erection of five dwellings with

     (APPROVED) Bumpstead covered parking, land to the

     rear of 40-58 North Street.

    *07/00814/FUL Sturmer Mr & Mrs Young Erection of side extension to

    (APPROVED) garage, 6 Crunch Croft.

8 REFERRED TO PLANNING COMMITTEE

    Mr M Crome, Vice-Chairman of Bulmer Parish Council, joined the table for the

    consideration of this application. Mr Crome stated that the Parish Council had no

    objection to the proposed dwelling, but they were concerned about the proposed

    access on to the A131. Mr Crome indicated that there would be limited vision from

    the site in both directions and that the plans did not show the hidden dips in the road.

    Mr Crome stated that vehicles maintained a high speed on this stretch of road and

    that vehicles emerging from the proposed access would be hidden from sight. Mr

    Crome stated that most of the accidents along this road had been near the proposed

    access. Mr Crome indicated that when the development at Park Lane had been

    approved in the 1960s, it had been stipulated that there should be no vehicular

    access on to the A131 on safety grounds. Since then, the volume and speed of

    traffic along the road had increased. Mr Crome pointed out, that although Essex

     5

    For further information regarding these minutes, please contact Alison Webb, Democratic Services on

    extension 2614 or e-mail alison.webb@braintree.gov.uk

    County Council had not objected to this application, they had stated that access from

    Park Lane would be safer.

    DECISION: That the undermentioned planning application, which the Committee

    wished to refuse against the Officers’ recommendation to grant, be Referred on the

    request of Members to the Planning Committee for determination.

     Plan No. Location Applicant(s Proposed Development

     *07/00729/REM Bulmer Mr K Wicker Erection of single dwelling

     (REFERRED) and garage, 3 Park Lane.

    The Committee recommended that this application be granted, subject to an

    additional condition requiring access to be from Park Lane and not the A131.

9 PLANNING APPLICATION REFUSED

    DECISION: That the undermentioned planning application be refused for the reason

    stated below.

     Plan No. Location Applicant(s) Proposed Development

     *07/00495/FUL Colne Engaine K R Brand Erection of wind turbine

     (REFUSED) with 15m tower, Countess

     Cross Bungalow,

    Countess

     Cross.

     Reason for Refusal

    The application site lies in an area where rural planning policies apply and is

    designated as an area of Special Landscape Value in the Essex and Southend on

    Sea Replacement Structure Plan (Policies CS2, NR1 and C5) and the Braintree

    District Local Plan Review (Policies RLP78 and RLP79) where there is a presumption

    against development unless it accords with the character of the area. It is

    considered that the erection of a wind turbine with a 15m high tower on this

    prominent site would be an alien feature, intrusive in the landscape and detrimental

    to the character of the area.

    Furthermore, Policy EG2 of the Essex and Southend on Sea Replacement Structure

    Plan and Policy RLP76 of the Braintree District Local Plan Review indicate that

    proposals for renewable energy schemes will be encouraged and permitted where no

    demonstrable harm is caused to landscape, nature conservation, or historic features

    within or immediately adjacent to the site. Whilst the principle of renewable energy

    generation is accepted, it is considered that due to the size and scale of the

    proposed wind turbine with a 15m high tower, it would be demonstrably harmful to

    the landscape character of the area, contrary to the above policy.

     Informative to Applicant

     6

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    extension 2614 or e-mail alison.webb@braintree.gov.uk

    The applicant is advised that more favourable consideration may be given to a

    smaller wind turbine, less visually intrusive in the wider landscape and more

    compatible with the surrounding character of the area.

    A Motion to approve this application was moved and seconded, but on being put to

    the vote it was declared LOST.

    10 APPOINTMENT OF REPRESENTATIVES

     (1) Braintree District Leisure Community Association Consultative Board

    DECISION: That Councillors N R H O Harley and Mrs J A Pell be appointed to

    the Braintree District Leisure Community Association Consultative Board for

    the 2007/08 Civic Year.

     (2) Braintree District Sports Development Forum

     DECISION: That Councillor F Swallow (with one vacancy) be appointed to the

     Braintree District Sports Development Forum for the 2007/08 Civic Year.

     (3) Colne Valley Countryside Management Committee

    DECISION: That Councillors J C Collar, Mrs J A Pell, Mrs W D Scattergood

    and A F Shelton be appointed to the Colne Valley Countryside Management

    Committee for the 2007/08 Civic Year.

     (4) Dedham Vale and Stour Valley Advisory Committee

     DECISION: That Councillors J C Collar and A F Shelton be appointed to the

     Dedham Vale and Stour Valley Advisory Committee for the 2007/08 Civic

     Year.

     (5) Earls Colne Airfield Liaison Committee

     DECISION: That Councillor Mrs G A Spray be appointed to the Earls Colne

     Airfield Liaison Committee for the 2007/08 Civic Year.

     (6) Earls Colne and Halstead Educational Charity

     DECISION: That Councillor Mrs R O’Shea be appointed to the Earls Colne

     and Halstead Educational Charity for the 2007/08 Civic Year.

     (7) Friends of Halstead Public Gardens

     DECISION: That Councillors Mrs B A Gage and Mrs J A Pell be appointed to

     the Friends of Halstead Public Gardens for the 2007/08 Civic Year.

     (8) Halstead Area Crime Prevention Panel

     DECISION: That Councillor Mrs G A Spray be appointed to the Halstead Area

     Crime Prevention Panel for the 2007/08 Civic Year.

     7

    For further information regarding these minutes, please contact Alison Webb, Democratic Services on

    extension 2614 or e-mail alison.webb@braintree.gov.uk

     (9) Halstead Area Panel

     DECISION: That Councillors J C Collar, J P L P O-Reilly Cicconi and Mrs J A

     Pell be appointed to the Halstead Area Panel for the 2007/08 Civic Year.

     (10) Halstead Town Centre Strategy Panel

    DECISION: That Councillors Mrs J C Beavis, M G Gage, N R H O Harley and

     Mrs J A Pell be appointed to the Halstead Town Centre Strategy Panel for the

     2007/08 Civic Year.

     (11) Halstead Traffic Management Liaison Panel

    DECISION: That Councillors J C Collar, Mrs B A Gage, D Hume, Mrs J A Pell

    and A F Shelton be appointed to the Halstead Traffic Management Liaison

    Panel for the 2007/08 Civic Year.

     (12) Priory Community Association

     It was reported that this Association no longer met.

     DECISION: That no appointment be made to the Priory Community

     Association for the 2007/08 Civic Year.

     (13) Trinity House Hostel Project

     DECISION: That Councillors D Hume and Mrs G A Spray be appointed to the

     Trinity House Hostel Project for the 2007/08 Civic Year.

At the close of the meeting, the Chairman stated that this was the last meeting of the

    Halstead Area Committee in its current form and he wished to thank Members and Officers

    for their contributions over the years.

PLEASE NOTE: The full list of standard conditions and reasons can be viewed at the office

    of Planning Services, Council Offices, Causeway House, Bocking End, Braintree, Essex

    CM7 9HB.

(Where applications are marked with an * this denotes that representations were received

    and considered by the Committee).

The meeting closed at 8.53pm.

    R J BOLTON

     8

    For further information regarding these minutes, please contact Alison Webb, Democratic Services on

    extension 2614 or e-mail alison.webb@braintree.gov.uk

     (Chairman)

     9

    For further information regarding these minutes, please contact Alison Webb, Democratic Services on

    extension 2614 or e-mail alison.webb@braintree.gov.uk

    APPENDIX

    HALSTEAD AREA COMMITTEE

     TH JUNE 2007 5

    QUESTION TIME

Summary of Questions Asked / Statements Made During Public Question Time

    1. Statement by Mrs P Cohen, Leylands Farm, Sparrow Farm Road, Terling

     Application No. 07/00278/FUL The Old De Vere Primary School, Queen Street,

     Castle Hedingham

    Mrs Cohen stated that the location would be completely screened and that the

    outbuilding in the garden was not overlooked by anyone. She indicated that the

    old school was a lovely building which needed care in its restoration. Mrs

    Cohen said that it was proposed to create a country garden and that existing

    railings would be re-used. Mrs Cohen stated that she and her husband were not

    strangers to a challenge and that they had completed a similar project in the past.

    Mrs Cohen stated that she was happy to accept a proposed condition regarding

    the use of the garage. Mrs Cohen circulated photographs of the site.

    2. Statements Relating to Application No. 07/00495/FUL Countess Cross

     Bungalow, Countess Cross, Colne Engaine

    (i) Statement by Mrs J Band, Countess Cross Bungalow, Countess Cross, Colne

     Engaine

    Mrs Band referred to the issue of climate change. She indicated that solar

    panels had already been installed at the property and that the decision to

    purchase and erect a wind turbine had been taken following considerable

    research. Mrs Band stated that the turbine would not meet all the energy

    needs of the household and that the existing oil heating system would remain.

    She indicated that the cost of the turbine would be ?21,000 and that she

    would not recoup this in her lifetime. Mrs Band stated that any surplus

    energy generated would be passed to the National Grid for which a nominal

    sum would be received. Mrs Band indicated that the turbine would be the

    height of a small Walnut tree in the garden, but it would not be as high as an

    electricity pylon.

    (ii) Statement by Mrs S Higgins, Countess Cross House, Countess Cross, Colne

     Engaine

    Mrs Higgins stated that she lived next door to the site and that the main

    elevation of her property including the windows of a number of reception

    rooms and bedrooms faced south towards the proposed site of the turbine.

    Mrs Higgins indicated that the site was on the brow of a hill and that the

    turbine would therefore be visible. Mrs Higgins stated that her main concern

    i

    For further information regarding these minutes, please contact Alison Webb, Democratic Services on

    extension 2614 or e-mail alison.webb@braintree.gov.uk

    was with noise and the flicker which the turbine would create. Mrs Higgins

    stated that the property was in a quiet lane and that the constant noise would

    be an annoyance. Mrs Higgins considered that a wind turbine was unsuitable

    for a residential area and she stated that similar structures elsewhere in the

    Country had been erected in built-up locations, not quiet residential areas.

    (iii) Statement by Mr M Lambert, Over Hall, Countess Cross, Colne Engaine

    Mr Lambert stated that he lived at Over Hall, Countess Cross and that he

    farmed the adjoining land. Mr Lambert indicated that he had three objections

    to the proposal and that these related to the site and height of the wind

    turbine; the noise which would be generated; and the flicker effect. Mr

    Lambert indicated that the height of the proposed turbine including its blades

    would be just under 60ft, whereas the applicant’s property was 20ft high and

    that a height of 13ft was suggested in guidance. Mr Lambert pointed out that

    a public footpath ran directly to the applicant’s property and he stated that, in

    his opinion, the turbine would impact adversely on people using the path. Mr

    Lambert stated that approval of the turbine would set a precedent and he

    asked the Committee to review the recommendation and to consider whether

    a turbine of a lower height might be possible.

    (iv) Statement by Mrs P Taylor, Burches, 4 The Green, Colne Engaine

    Mrs Taylor stated that the site of the turbine was in a Special Landscape

    Area. Mrs Taylor considered that the turbine and particularly its height

    would set a precedent. Mrs Taylor said that any excess energy produced by

    the turbine would go to the National Grid for which a payment would be

    made and she questioned whether the turbine could be considered to be a

    commercial development.

    3. Statement by Mr J Pearce, Memories Cottage, High Street, Wethersfield

     Application No. 07/00441/OUT Land to the rear of 40-58 North Street, Steeple

     Bumpstead

    Mr Pearce explained that this site had been used for garage purposes with a

    number of vehicle movements per day. However, following a fire approximately

    three years ago consideration was being given to the site’s future use.

    Mr Pearce indicated that the proposed low density development of five small

    cottages would reflect the character of the area, provide a useful addition to the

    housing stock and an improved access to the site. Mr Pearce stated that a flood

    risk assessment had been carried out which showed that there was little risk of

    flooding and that following discussions, the Environment Agency had raised no

    objection to the proposal. Mr Pearce stated that the development complied with

    Council policy and that the footprint did not exceed the existing. Mr Pearce

    asked the Committee to consider the benefits of the proposal.

    4. Statement by Mr E Gittins, Edward Gittins Associates, The Mount, Huxtables

     Lane, Fordham Heath, Colchester

     Application No. 07/004729/REM 3 Park Lane, Bulmer

    ii

    For further information regarding these minutes, please contact Alison Webb, Democratic Services on

    extension 2614 or e-mail alison.webb@braintree.gov.uk

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