Agenda and draft minutes

Planning and Licensing Committee
Thursday 18th July 2019 7.30 pm

Venue: Council Chamber. Maldon District Council Offices, Princes Road, Maldon

Contact: Committee Services 

Items
No. Item

269.

Chairman's notices

Minutes:

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

270.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors M F L Durham and M S Heard.  In accordance with notice duly given Councillor E L Bamford was attending as a substitute for Councillor Durham.

271.

Minutes of the last meeting pdf icon PDF 164 KB

To confirm the Minutes of the meeting of the Committee held on 6 June 2019 (copy enclosed).

Minutes:

RESOLVED that the Minutes of the meeting of the Committee held on 6 June 2019 be approved and confirmed.

272.

Disclosure of Interest

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).

 

Minutes:

Councillor Mrs P A Channer disclosed a non-pecuniary interest as a Member of Essex County Council particularly in relation to the following Agenda Items:

 

·                 6 – Draft Tiptree Neighbourhood Plan;

 

·                 7 – Consultation Questionnaire: Essex County Council Sustainable Drainage Systems Design Guide;

 

·                 9 – Consultation Response to the Draft National Flood and Coastal Erosion Risk Management Strategy.

273.

Public Participation

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.

 

Minutes:

No requests had been received.

274.

Draft Tiptree Neighbourhood Plan pdf icon PDF 519 KB

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed).

Minutes:

The Committee considered the report of the Director of Strategy, Performance and Governance presenting the draft Tiptree Neighbourhood Plan (the Plan) and comments received.

 

Councillor Mrs M E Thompson declared a non-pecuniary interest in this item of business as she was a member of Tolleshunt Knights Parish Council.

 

It was noted that Tiptree Parish Council were currently consulting on the draft Tiptree Neighbourhood Plan and as a neighbouring Authority Maldon District Council had been consulted.  The report provided a summary of the contents of the Plan along with Maldon District Council’s proposed response to the consultation.

 

In response to a Member raising concern regarding the impact of the proposed additional housing to Tiptree on this District, particularly in respect of traffic and accessing the A12, the Chairman suggested that this could be incorporated into the Council’s consultation response.

 

In response to questions and comments, the Specialist – Local Plan provided Members with the following additional information:

 

·                 Improved access to the A12 and the junctions on the A12 itself were outside the remit of the Neighbourhood Plan.

 

·                 The Draft Colchester Local Plan showed indicative locations of the proposed Tiptree additional housing allocation

 

·                 The Appleford bridge, Great Braxted and Grey Mills bridge, Kelvedon were included in respect of routes via them onto the A12.

 

·                 A Community Forum on the A12 was scheduled for 24 July and following a Member / Officer forum the Officer provided Members with information regarding the A12 preferred routes including surveys and design work to be undertaken.

 

It was agreed that Members’ comments would be incorporated into the consultation response and the wording of this would be agreed in consultation with the Director of Strategy, Performance and Governance.

 

RESOLVED

 

(i)              that the following additional comments from Members, agreed in consultation with the Director of Strategy, Performance and Governance, be included as part of the Council’s consultation response to the draft Tiptree Neighbourhood Plan:

 

Maldon District Council is concerned that despite the Neighbourhood Plan’s approach to mitigating the impact of vehicular traffic through Tiptree village, the scale of additional housing in the village will nevertheless impact on traffic flows, through and around the village, especially the routes to the A12, including the routes via the historic Appleford and Grey Mills bridges at Great Braxted and Kelvedon respectively.  Maldon District Council does, however, recognise that improvements to the access roads to the A12 and to the junctions on the A12 itself are outside the remit of the Neighbourhood Plan.

 

(ii)            that subject to (i) above, the draft consultation responses to the draft Tiptree Neighbourhood Plan, as detailed below be approved and submitted to Tiptree Parish Council.

 

Section

Draft consultation response

POLICY TIP01: Tiptree Settlement Boundaries

The approach taken on the settlement boundary and restricting development in the countryside is supported.

POLICY TIP02: Good Quality Design

This policy is supported, as it endeavours to protect the character of the village.

POLICY TIP03: Residential Car Parking

This policy is supported, as it recognises the role private cars have in enabling  ...  view the full minutes text for item 274.

275.

Consultation Questionnaire: Essex County Council Sustainable Drainage Systems Design Guide Update pdf icon PDF 377 KB

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed).

Additional documents:

Minutes:

The Committee considered the report of the Director of Strategy, Performance and Governance presenting the Council’s response to the Essex County Council (ECC) Sustainable Drainage Systems (SuDS) Design Guide Update.  It was noted that due to the consultation period this response had been sent to the County Council following approval by the Chairman of this Committee and in accordance with the Council’s Terms of Reference was now reported to the Committee.

 

It was noted that ECC had requested this Council review the updated guide attaching the ECC SuDS Design Guide Update document (Appendix 1 to the report) and Consultation Questionnaire (Appendix 2).  The report set out the purpose of the review and the Council’s response to the Consultation Questionnaire.

 

Councillor R G Boyce proposed that the Committee’s thanks be passed to Ms Longman, Specialist – Local Plan for her work and that the recommendation as set out in the report be agreed.  This proposal was duly seconded.

 

It was commented how beneficial it would be when considering planning applications to have Sustainable Drainage System (SUDs) documents available to provide further guidance and information rather than being addressed through conditions.  The current problems for Members with such documents being required (through conditions) and not at the time an application was being considered were discussed and highlighted.  The Officer explained through the consultation response the Council was expressing the importance of knowing exactly what a drainage strategy was and the benefits of receiving it as part of the outline application stage.  The Chairman advised that this was something that would be highlighted further as part of the response.

 

In response to further questions from Members, Officers provided Members with additional information including:

 

·                 Members’ attention was drawn to page 67 of the document pack (Appendix 1 to this report) which set out what documents were required by the Lead Local Flood Authority and at what stage of the application process they were required.  It was noted that this would replace the need to condition requirements for some documents as part of planning approvals.

 

·                 In response to a question regard the meaning of “preliminary layout drawings showing exceeding routing, and location of discharge points’ in the what we require and when table of the appendix, the Officer advised this was to do with flows but would seek further clarification for Members.

 

·                 It was clarified that no existing issues relating to, for example flooding, could be resolved directly as a result of a new planning application as conditions etc. could only deal with mitigating the impact from the new development.  The Director of Strategy, Performance and Governance reported that there were several Flood Alleviation Schemes in development and provided an update in respect of Heybridge.

 

·                 The Council was no longer eligible for Housing Infrastructure Funds and the Director of Strategy, Performance and Governance outlined the reasons for this.

 

The chairman then put the proposal in the name of Councillor Boyce advising that Members’ comments would be added to the appropriate response from Officers.  This was  ...  view the full minutes text for item 275.

276.

Local Development Scheme - Review of 2005 - 2007 Supplementary Planning Documents pdf icon PDF 432 KB

To consider the report of Director of Strategy, Performance and Governance, (copy enclosed).

Additional documents:

Minutes:

The Committee considered the report of the Director of Strategy, Performance and Governance seeking approval to revoke five Supplementary Planning Documents (SPDs) prepared between 2005 and 2007 following review against the current adopted Local Development Plan (LDP) and its supporting SPDs, the National Planning Policy Framework (NPPF) and National Planning Policy Guidance (NPPG).  The five SPDs were:

·                 Children’s Play Spaces SPD, Adopted March 2006 (attached as Appendix 1 to the report);

 

·                 Developer Contributions Guide SPD, Adopted September 2006 (Appendix 2);

 

·                 Accessibility to Buildings SPD, Adopted December 2006 (Appendix 3);

 

·                 Heybridge Basin Timber Yard SPD, Adopted February 2007 (Appendix 4);

 

·                 Sadd’s Wharf SPD, Adopted September 2007 (Appendix 5).

 

The report provided background information regarding the review undertaken in respect of each of the SPDs.  Members were advised that following review the SPDs were all deemed to be out of date or redundant and did not align with the adopted LDP, NPPF or NPPG.  It was noted that a future review of the LDP would identify any new policy or future SPDs which may be required.

 

In response to a question regarding Community Infrastructure Levy (CIL) the Director of Strategy, Performance and Governance provided Members with an update on CIL and the Government’s consultation regarding it.  Officers would be reviewing the guidance in the forthcoming weeks and would report back to Members regarding the timescale.

 

Following further discussion in relation to CIL it was agreed that an update report on CIL would be brought to the next meeting of this Committee to provide details regarding the current situation, government guidance etc.

 

There was some discussion regarding the revocation of these policies, their impact on the LDP and removal of developer contributions relating to CIL.  In response Members were advised that the policies were out of date, related to a different planning period, were not compliant with the NPPF and national guidance.  Members’ attention was drawn to paragraph 3.5.1 of the report and it was noted that these policies would have zero material weight in planning considerations and could not be used to influence any contributions from developers.

 

It was commented that a Member seminar to allow every Member to be informed of the CIL Update would be beneficial.  The Chairman then put the proposal as set out in the report with the request for an additional report and consideration of a Member briefing on developer contributions.  Upon a vote being taken this was agreed.

 

RESOLVED that an update report on CIL would be brought to the next meeting of this Committee to provide details regarding the current situation, government guidance etc.

 

RECOMMENDED that the following Supplementary Planning Documents prepared and approved between 2005 and 2007 be revoked.

 

·                 Children’s Play Spaces SPD, Adopted March 2006 (attached as APPENDIX 1 to these Minutes);

 

·                 Developer Contributions Guide SPD, Adopted September 2006 (APPENDIX 2);

 

·                 Accessibility to Buildings SPD, Adopted December 2006 (APPENDIX 3);

 

·                 Heybridge Basin Timber Yard SPD, Adopted February 2007 (APPENDIX 4);

 

·                 Sadd’s Wharf SPD, Adopted September 2007 (  ...  view the full minutes text for item 276.

277.

Consultation Response to the Draft National Flood and Coastal Erosion Risk Management Strategy pdf icon PDF 204 KB

To consider the report of the Director of Strategy, Performance and Governance, (copy enclosed).

Additional documents:

Minutes:

The Committee considered the report of the Director of Strategy, Performance and Governance advising Members of a response (attached as Appendix 1to the report) which had been submitted on behalf of the Council in response to a national consultation undertaken by the Environment Agency on the Draft National Flood and Coastal Erosion Risk Management Strategy for England (the Strategy).  It was noted that due to the limited timescales of the consultation the response had been sent following agreement of the Chairman of this Committee and was now reported to this Committee for Members’ information.

 

The Strategy set out some aims for future flood risk management and it was noted that the focus was directed towards resilience rather than protection and placed reliance on partnerships to deliver this.  It was unclear at this stage how funding tools would be applied and the Council’s response highlighted concerns regarding the availability and allocation of funding.  It was noted that without clarification on funding it was difficult to identify how the Strategy would achieve the vision, the steps along the way and what it was hoping to achieve to implement them.

 

Councillor Mrs P A Channer declared a non-pecuniary interest in this item of business as she lived in Althorne.

 

Members discussed the report and concern was raised regarding the lack of funding and that the Strategy did not detail how it would be delivered.  It was agreed that further clarification would be made to the Council’s response to question 7a regarding funding to make it clear that without funding details it would be difficult to see how the Strategy would achieve its vision.  It was further agreed that question 1 should be amended to seek clarification on what the Strategy was hoping to achieve including how this would be implemented.

 

In response to a question regarding the Wallasea Island wetland project, the project was briefly discussed.  Members were advised that the project would not be continuing and the harbour on the River Crouch was currently being removed.

 

At this point, Councillor Mrs Channer declared a non-pecuniary interest in this item of business as she was a member of the Crouch Harbour Advisory Committee and was on this Committee as part of the Kent and Essex Inshore Fisheries and Conservation Authority (KEIFCA).  She advised that presentations were given, and the Crouch Harbour Authority carried out a review of the Wallasea Island Scheme.

 

RESOLVED that Maldon District Council’s formal response to the Environment Agency consultation on the Draft National Flood and Coastal Erosion Risk Management Strategy for England be updated to include Members’ comments regarding questions 1 and 7a.

Appendices pdf icon PDF 761 KB

Additional documents: