Agenda and minutes

The Chairman drew attention to the list of notices published on the back of the agenda.

Apologies for absence were received from Councillors R G Boyce MBE, M F L Durham CC and R Pratt CC.  It was noted that Councillor S J Savage had advised that he would be arriving late.

To confirm the Minutes of the meeting of the Committee held on 5 June 2018, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 5 June 2018 be approved and confirmed.

To receive the views of members of the public on items of business to be considered by the Committee (please see below):

1.               A period of ten minutes will be set aside.

2.               An individual may speak for no more than two minutes and will not be allowed to distribute or display papers, plans, photographs or other materials.

3.               Anyone wishing to speak must notify the Committee Clerk between 7.00pm and 7.20pm prior to the start of the meeting.

No requests had been received.

To disclose the existence and nature of any Disclosable Pecuniary Interests, other Pecuniary Interests or Non-Pecuniary Interests relating to items of business on the agenda having regard to paragraphs 6-8 inclusive of the Code of Conduct for Members.

(Members are reminded that they are also required to disclose any such interests as soon as they become aware should the need arise throughout the meeting).

Councillor Mrs P A Channer declared a non-pecuniary interest as a Member of Essex County Council in relation to reports on the agenda.  In relation to Agenda Item 7 – Maldon District Specialist Needs Housing Supplementary Planning Document she declared that she was a Member of the Henry Guilder Drake Almshouse Charity and was a Director of Essex Cares Limited.

Councillor A S Fluker declared in the interest of openness and transparency in relation to Agenda Item 10 – Flood Appraisal Study for the Central Area Masterplan for Maldon and Heybridge he was a Maldon Harbour Commissioner.

To receive and comment on the report of the Director of Planning and Regulatory Services, (copy enclosed).

The Committee received the report of the Director of Planning and Regulatory Services providing an update on local, sub-regional and national planning policy matters including Duty to Cooperate and Essex Local Plans and legislative changes as they affected planning policy.

The report highlighted three areas of planning policy which were the subject of separate reports on this agenda.  It was noted that a report would be considered at the September meeting of this Committee on various reports from the Essex Planning Officers Association.

The Planning Policy Manager presented the report, drawing Members attention to a number of areas and providing the following information in response to questions raised:

·                 The Council had made representation on Chelmsford City Council’s Local Plan which had now been submitted to the Secretary of State.

·                 The Minister for Housing had announced that the National Planning Policy Framework would be published prior to the summer recess and the Committee would receive a report on this at a future meeting.

·                 There would be considerable delay on the North Essex Strategy Local Plan.

·                 New guidance had been received on permission in principle, although it was noted that this related primarily to brownfield site regulations.

·                 There were now 28,070 residential properties in the District.

In response to concerns raised regarding the number of residential properties in the District which would be used by the Government, the Chairman requested that Officers provide clarification regarding this figure.

In response to a question regarding the A12, the Planning Policy Manager advised that the Planning Inspector had asked Essex County Council and other authorities to review plans as the current rerouting went through the proposed Marks Tey garden community.

RESOLVED that the Planning Policy Update be noted.

To consider the report of the Director of Planning and Regulatory Services, (copy enclosed).

The Committee considered the report of the Director of Planning and Regulatory Services presenting the findings of comments received through and  proposed amendment and additions (as detailed in the report and Appendix 2 to the report) following public consultation on the Special Needs Housing Supplementary Planning Document (SPD).  The report also sought Members’ endorsement and recommendation to the Council that the Special Needs Housing SPD be adopted  (attached as Appendix 1 to the report).

It was noted that the Specialist Needs Housing SPD would provide additional detailed guidance to landowners, developers, Registered Providers and the community on the Council’s approach to specialist needs housing provision in the District.  Once adopted, the SPD would become a material consideration in making decision on planning applications.

In response to a number of questions, the Planning Policy Manager provided Members’ with the following information:

·                 The Planning Policy Manager drew Members’ attention to the types of housing detailed within the document and advised that supported housing was included but just defined differently.

·                 In respect of the 1 kilometre (km) accessibility area and defining this, the Council looked at best practice in terms of what other Local Authorities had done in addition to considering how specialist housing need may change in different pockets of the district.  In addition, 1km was still considered a reasonable distance for access.  This measurement was taken from the facilities and served as guidelines on which considered decisions could be made.

·                 The definitions detailed in table 1 ‘types of older peoples housing of Appendix 1‘ were industry standard definitions.

RESOLVED

(i)              that the proposed amendments to the draft Maldon District Specialist Needs Housing Supplementary Planning Document, following the public consultation be approved.

RECOMMENDED

(ii)            That subject to amendment, the Maldon District Specialist Needs Housing Supplementary Planning Document (attached at APPENDIX 1 to these Minutes) be adopted.

To consider the report of the Director of Planning and Regulatory Services (copy enclosed).

The Committee received the report of the Director of Planning and Regulatory Services which provided an update on the Essex Coastal Recreational Avoidance and Mitigation Strategy (RAMS) and sought Members’ views on matters which may affect future planning policies and procedures.

The report provided background information regarding the RAMS, a joint initiative between 11 Essex Authorities to identify the recreational impacts new homes would have on the international and nationally protected sites along the Essex Coast. 

Members noted the progress to date, as set out in the report.  At the request of the Vice-Chairman of this Committee, the winter survey results were provided at Appendix 1 to the report.  The report provided an update on Zones of Influence (ZOIs) which were the likely distance visitors were prepared to travel to reach a particular site for recreation.  The report outlined the nine sites identified and these were further detailed in Appendix 2 to the report.

Councillor A K M St. Joseph raised a number of concerns regarding wildlife and how he felt the RAMS did not include a link between what people did and wildlife.  The Director of Planning and Regulatory Services advised that these concerns could be placed on the agenda for discussion at the forthcoming Member forum. 

In response to a question regarding surveying of the seawall between shore end and St. Peters on the Wall, Bradwell, the Director of Planning and Regulatory Services advised that he did not have this information but would raise the matter.

Following further debate Councillor St. Joseph proposed that the Committee not accept the RAMS update as outlined in the report and refer the project back to National England for clarification on the actual disturbance effects.  This proposal was duly seconded and agreed.

RESOLVED that the Essex Coastal Recreational Avoidance and Mitigation Strategy (RAMS) update as outlined in the report not be accepted and the RAMS project be referred back to National England for clarification on the actual disturbance effects.

To consider the report of the Director of Planning and Regulatory Services, (copy enclosed).

The Committee considered the report of the Director of Planning and Regulatory Services seeking Members’ consideration as to whether the Council should join the District Licensing Scheme for Great Crested Newts or remain with the current site by site mitigation arrangement.

The report provided background information regarding the enormous declines in Great Crested Newt populations through loss and decline of pond habitats.  Members were advised that District Licensing was a new approach to authorising developments affecting Great Crested Newts through strategic habitat improvement, integrated with Local Plans, biodiversity and green infrastructure strategies, rather than the current approach.  The development of the scheme and monies allocated to National England to set up the scheme were set out in the report along with the benefits, considerations and concerns of joining.

It was noted that the District Licensing approached allowed the opportunity to provide enhanced Great Crested Newt populations funded by developer contributions whilst reducing officer time and creating time and cost savings for the developers.  This approach fitted with the emerging strategy for the Green Infrastructure network.

Councillor A S Fluker declared in the interest of openness and transparency that he had Great Crested Newts.

RESOLVED that an ‘in principle’ commitment to partner with National England to develop a District wide scheme by the identified date of 31 July 2018 be agreed.

To consider the report of the Director of Planning and Regulatory Services, (copy enclosed).

The Committee considered the report of the Director of Planning and Regulatory Services setting out a proposal by Essex County Council (ECC) to undertake a detailed flood appraisal study of the Central Area Masterplan.  The report also sought Members’ agreement for a contribution of £12,000 towards the detailed appraisal.

Members were reminded that the Council had adopted the Maldon and Heybridge Central Area Masterplan on 2 November 2017.  Project 12 of the Masterplan identified the requirement to undertaken a detailed flood risk appraisal of the area and the report provided detail with regards to this appraisal. 

An application had been prepared, in partnership with ECC, for submission to the Environment Agency (EA) for flood Defence Grant in Aid funding and Local Levy towards the cost of the appraisal.  The EA had indicated that funding would cover approximately 80% of the cost and therefore the Council would need to contribute the remaining £12,000.

The Director of Planning and Regulatory Services advised the Committee that the £12,000 contribution sought at recommendation (ii) could be found within existing budgets.  Therefore the recommendations should be amended to request that the contents of the report and budget contribution be noted.

In response to a question, it was confirmed that Essex County Council would be carrying out the study. 

RESOLVED that the contents of the report, including the proposed contribution of £12,000 towards the detailed flood risk appraisal costs, be noted.

The Chairman referred to a matter raised by Councillor A S Fluker regarding letters of representation on planning applications and detailing the location of objectors, supporters etc. in report to the Area Planning Committees.  In response, the Director of Planning and Regulatory Services advised that he was looking into this with the Group Manager – Planning Services, and the Council’s Data Protection Regulations Officer and would report back to Members.