Issue - meetings

23/00943/FUL & 23/00944/LBC - 43-45 High Street, Maldon, CM9 5PF

 

 

Meeting: 22/11/2023 - Central Area Planning Committee (Item 329)

329 23/00943/FUL & 23/00944/LBC - 43-45 High Street, Maldon, CM9 5PF pdf icon PDF 449 KB

To consider the report of the Director of Service Delivery, (copy enclosed, Members’ Update to be circulated)*.

Minutes:

Application Number

23/00943/FUL & 23/00944/LBc

Location

43-45 High Street, Maldon, CM9 5PF

Proposal

Installation of condenser units and full internal alterations/refurbishment.

Applicant

Mr Jon Birtles - Loungers UK Limited

Agent

Elizabeth Lawrence - Turley

Target Decision Date

27 November 2023

Case Officer

Hayley Sadler

Parish

MALDON NORTH

Reason for Referral to the Committee / Council

Member Call In by Councillor N R Miller for the following policy reasons: LDP policy D1 (Design Quality and Built Environment) & D3 (Conservation and Heritage Assets)

 

Following the Officer’s presentation, an objector, Ms Wright, a supporter, Mr Panton and the Agent, Mrs Russell addressed the Committee. The Chairperson then opened the floor for discussion.

 

Councillor K M H Lagan opened the debate seeking confirmation that the application in front of Members met all legal requirements under current planning legislation and that the application being retrospective shouldn’t bare any weight when deciding the application outcome, the Officer confirmed this as being correct.

 

Members debated the application further seeking clarity around possible delivery time restrictions and whether the application being retrospective had been taken into consideration when producing the report and the recommendation. The Officer provided the following responses:

 

•           Under this application Officers were encouraged that Loungers as a company operate their own noise management plan and neighborhood liaison officer to mitigate issues raised around the operating of the business that may affect the residents of that area.

 

•           Carrying out works prior to planning permission being sought or granted isn’t against the law, however, it may become unlawful and subject to enforcement if the works are deemed to be non-compliant with planning policy

 

Members felt that the liaison between Loungers and residents of the area was poor prior to the work being carried out.

 

Councillor K H M Lagan proposed to approve the application and grant listed building consent in line with the Officer’s recommendation as this was duly seconded.

 

There being no further discussion the Chairperson put the proposal to the Committee and upon a vote being taken this was agreed.

 

RESOLVED that the application be APPROVED subject to the following conditions:

1          The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2          The development hereby permitted shall be carried out in accordance with the following approved plans: Site Location Plan, LNG4165.BP, LNG4165.01, LNG4165.02, LNG4165.03A, LNG4165.04B, LNG4165.10A, L241-01, OC Innovations Odour Control Spec Sheet, Loungers Maldon – Operations and Noise Management Plan

3          The materials used in the construction of the development hereby approved shall be as set out within the application form/plans hereby approved.

 

RESOLVED to GRANT Listed Building Consent subject to the following conditions:

1          The development hereby permitted shall be begun before the expiration of three years from the date of this consent.

2          The development hereby permitted shall be carried out in accordance with the following approved plans and documents: Site Location Plan, LNG4165.BP, LNG4165.01, LNG4165.02, LNG4165.03A, LNG4165.04B, LNG4165.10A