Agenda and minutes

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

An apology for absence was received from Councillor Mrs P A Channer, CC.

To confirm the Minutes of the meeting of the Committee held on 19 April 2017, (copy enclosed).

RESOLVED

(i)              that the Minutes of the meeting of the Committee held on 19 April 2017 be received.

Minute No. 1217 – Minutes of the Last Minutes

Councillor S J Savage advised that in respect of the Environmental Impact Assessment training, confirmation of this was provided in the next set of Minutes (page 17 of the Agenda Pack).

An amendment was sought to second part of this Minute regarding Tesco but it was agreed by the Committee that the Minutes were accurate.

Minute No. 1219 – HOUSE/MAL/17/00164 75 Goldhanger Road, Heybridge

Councillor Miss M R Lewis advised that the penultimate paragraph did not reflect what she had said and it was agreed that this be amended to read as follows:

“…be a forever home.  As their child with special needs continues to grow, handling was becoming more challenging which was why installation of a lift was needed along with additional storage space for the growing amount of specialist equipment.  Members were of the opinion…”

RESOLVED

(ii)            that subject to the above amendment, the Minutes of the meeting of the Committee held on 19 April 2017 be confirmed.

To confirm the Minutes of the meeting of the Committee held on 22 March 2017, (copy enclosed).

RESOLVED

(i)              that the Minutes of the meeting of the Committee held on 22 March 2017 be received.

Minute No. 1109 – FUL/MAL/17/00074 – Tesco, Fullbridge, CM9 4LE

It was agreed that the second paragraph should read …enforceable under planning law”.

Close of business

The Chairman advised that the time stated was incorrect and should be 9:22pm.  This was noted by Members.

RESOLVED

(ii)            that subject to the above amendments, the Minutes of the meeting of the Committee held on 22 March 2017 be confirmed.

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 M S Heard declared that in relation to:

·                    Agenda Item 6: FUL/MAL/16/01252 Mobile Car Wash in Car Park Blackwater Leisure Centre, Park Drive, Maldon - he knew at least seven of the objectors. 

·                    Agenda Item 9: FUL/MAL/17/00216 Topsail Charters Limited, Cooks Boatyard, The Hythe, Maldon – he had hired the applicant’s services two years ago.

·                    Agenda Item 10 - OUT/MAL/17/00359 Land Rear of 183 Fambridge Road, Maldon – he knew the applicant Mr Harmer[1]a Council employee

·                    Agenda Item 12 - .FUL/MAL/17/00449 and LBC/MAL/17/00450 The Limes Guest House, 21 Market Hill, Maldon – he knew the applicant as a local developer.

Councillor Rev. A E J Shrimpton declared that in relation to Agenda Item 6: FUL/MAL/16/01252 - Mobile Car Wash in Car Park Blackwater Leisure Centre, Park Drive, Maldon he had used the car wash and Agenda Item 9: FUL/MAL/17/00216 - Topsail Charters Limited, Cooks Boatyard, The Hythe, Maldon he had been a customer of Topsail Charter.

Councillor Savage declared the following:

·                     Agenda Item 6: FUL/MAL/16/01252 Mobile Car Wash in Car Park Blackwater Leisure Centre, Park Drive, Maldon – he used the facilities of Blackwater Leisure Centre.

·                     Agenda Item 7: FUL/MAL/17/00067 Millennium Wood, Park Drive, Maldon – he used the facilities.

·                     Agenda Item 9: FUL/MAL/17/00216 Topsail Charters Limited, Cooks Boatyard, The Hythe, Maldon - non-pecuniary as the applicant was known to him and he had lived adjacent to the flood zone since 1983 and been aware of it since 1969.

·                     Agenda Item 10 - OUT/MAL/17/00359 Land Rear of 183 Fambridge Road, Maldon – he knew the applicant.

·                     Agenda Item 11 - HOUSE/MAL/17/00377 27 Mundon Road, Maldon – non-pecuniary.

Councillor A T Cain declared a non-pecuniary interest in agenda items 6: FUL/MAL/16/01252 - Mobile Car Wash in Car Park Blackwater Leisure Centre, Park Drive, Maldon and 12 - .FUL/MAL/17/00449 and LBC/MAL/17/00450 - The Limes Guest House, 21 Market Hill, Maldon.

Councillor I E Dobson declared the he knew the objectors and related parties for agenda items and 9: FUL/MAL/17/00216 Topsail Charters Limited, Cooks Boatyard, The Hythe, Maldon.

Councillor Mrs N G F Shaughnessy declared that she knew one of the objectors in relation to 10 - OUT/MAL/17/00359 Land Rear of 183 Fambridge Road, Maldon.

The Committee considered the reports of the Chief Executive and determined the following applications taking into account all representations and consultation replies received, including those detailed on the Members’ Update.

To consider the planning application and recommendations of the Chief Executive copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update that if Members were mindful to refuse the application under the Committee’s Terms of Reference the application would need to be determined by the Council.

Councillor Rev. A E J Shrimpton declared an interest in this application, as he was a regular user of the Blackwater Leisure Centre.

Following the Officers’ presentation a debate ensued and in response to a comment regarding an application relating to Maldon Saints the Group Manager - Planning Services advised that temporary consent had been granted due to the community benefit it offered.  A number of concerns relating to the proposed use were highlighted by Members.

RECOMMENDED that this application be REFUSED for the following reason:

1          The stationing of the metal container by way of its scale, poor utilitarian and rudimentary design and detailing and temporary nature is considered to have a detrimental impact upon the character and appearance of the area and visual amenities contrary to adopted and saved policy BE1 of the Maldon District Replacement Local Plan, emerging policy D1 of the submitted Local Development Plan and guidance contained within the National Planning Policy Framework.

To consider the planning application and recommendations of the Chief Executive copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update that if Members were mindful to refuse the application under the Committee’s Terms of Reference the application would need to be determined by the Council. 

Councillors Mrs B D Harker, B E Harker, M S Heard and S J Savage declared that they knew the objector who had registered to speak on this application.

Following the Officers’ presentation, an objector, Mr Bob Wyness addressed the Committee.

RECOMMENDED that this application be REFUSED for the following reasons:

1.         The proposed development would result in significant detrimental impact upon the character and appearance of the site by way of visual intrusion including choice of boundary treatment, choice of materials within the site, level of built form and loss of public open amenity space contrary to adopted policies BE1, CC6 and REC7 emerging policies D1 and E5 of the submitted Local Development Plan and the guidance and provision of the National Planning Policy Framework.

2.         It has not been demonstrated that the proposal would not result in material harm or detrimental impact upon the enjoyment and safety of adjacent neighbouring occupiers or users and workers within the site contrary to policies BE1, CON5 and CON6 of the adopted Maldon District Replacement Local Plan and emerging policies D1 and D2 of the submitted Local Development Plan and the guidance and provision as contained within the National Planning Policy Framework.

3.         Policy E5 of the Local Development Plan supports development for new tourist facilities providing it is demonstrated that there is an identified need for the proposal, there is good connectivity with other tourist sites and green infrastructure networks, there is no significant detrimental impact on the character and amenity of neighbouring uses or the surrounding area and any impact on the natural environment is avoided.  The proposal fails to meet these policy criterion and is therefore, contrary to Policy E5 of the Local Development Plan as well as provision as contained within the National Planning Policy Framework. 

4.         The Ecological Scoping Survey reference 0259.0001 Rev 0 has not fully demonstrated that there will be no detrimental effect on the ecology and biodiversity of the site contrary to adopted policies BE1, CC5 and CC6 of the adopted Maldon District Replacement Local Plan and emerging policies D1, E5, N1 and N2 of the submitted Local Development Plan and the guidance and provision as contained within the National Planning Policy Framework.  

To consider the planning application and recommendations of the Chief Executive copy enclosed, Members’ Update to be circulated)*.

RESOLVED that this 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 complete accordance with the approved drawings: Location Plan, Block Plan, Front Elevation received 20.02.2017 and Rear Elevation received 20.02.2017.

3          The external surfaces of the extension hereby approved shall be constructed of materials and of a finish to match the existing dwelling.

To consider the planning application and recommendations of the Chief Executive copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update that if Members were mindful to refuse the application under the Committee’s Terms of Reference the application would need to be determined by the Council.

Following the Officers’ presentation Mr Noel Probyn, an Objector, Mr Roger Beckett, a Supporter and Mr Paul Jefferies the Applicant addressed the Committee.

In response to a question, the Group Manager - Planning Services advised the Committee that if it was mindful to approve this application he would suggest that Officers be given delegated authority to discuss conditions with the Environment Agency to limit the harm they perceived.

Councillor A T Cain supported the application highlighting how it was for a short term lease, would bring employment into the area and how the economic benefit it would bring outweighed the disadvantages.  These views were reiterated by other Members of the Committee.

In response to a question, the Group Manager - Planning Services provided Members with information regarding Government Guidance on granting temporary permissions.  In particular, how such consents should not be extended but either approved or refused once the time limit has expired.  He also highlighted a number of areas which Members needed to assess prior to approving or refusing the application.

In response to a question regarding the flood risk, the Officer explained that the Environment Agency would have considered how the site was going to be used and the matrix they would use to assess flood risk. 

Councillor A T Cain proposed that the application be approved, contrary to Officers’ recommendation.

The Chairman then put the Officers’ recommendation of refusal to the Committee.  Upon a vote being taken this was declared lost.  Councillor S J Savage asked that his vote in favour of refusal be recorded.

The Chairman sought from Officers details of the proposed conditions if Members were mindful to approve the application.  The Group Manager - Planning Services advised that would include conditions limiting consent for a temporary period (three years) and controlling hours of operation and noise.  The responses from statutory consultees would be checked for additional conditions being recommended, subject to their meeting the statutory tests, and this would include the Environment Agency on flood matters.

The Chairman then put to the vote approval of the application, contrary to Officers’ recommendation and this was duly agreed.

RESOLVED that this application be APPROVED subject to the following conditions together with additional conditions as referred to above:

1          The use hereby permitted shall be discontinued  ...  view the full minutes text for item 103.

To consider the planning application and recommendations of the Chief Executive copy enclosed, Members’ Update to be circulated)*.

The Members’ Update detailed a typographical error to reason for refusal 3 relating to this application.  This was noted.

Following the Officers’ presentation an Objector, Ms Maureen Patient-Saunders addressed the Committee.

Councillor B E Harker declared that he knew the applicant.

RESOLVED that this application be REFUSED for the following reasons:

1.                The principle of a dwelling in this location by way of its siting and location to the rear of No’s 2 – 8 Spencer Close would result in an incongruous and contrived development out of character with the prevailing pattern of development within the area.  As such the proposal is contrary to adopted Maldon District Replacement Local Plan policy BE1 policies D1 and H4 of the submitted Local Development Plan and Government guidance contained within the National Planning Policy Framework.

2.                The proposed development by way of the proximity of the access and intensification of its use would result in loss of amenity and detrimental impact upon the occupiers of the adjacent dwellings by way of noise and disturbance contrary to policies BE1 of the adopted Maldon District Replacement Local Plan as well as the principles of delivering sustainable development contained within the National Planning Policy Framework.

3.                The proposed development by way of the restricted width of the access would result in the intensification of on-street parking to the detriment of highway and pedestrian safety resulting in an unacceptable degree of hazard to potential future occupiers and existing road users, contrary to policy T2 of the adopted Maldon District Replacement Local Plan and policy T2 of the submission version of the Local Development Plan. 

To consider the planning application and recommendations of the Chief Executive copy enclosed, Members’ Update to be circulated)*.

RESOLVED that this 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 complete accordance with the approved drawings specifically referenced on this decision notice.

3.         The external surfaces of the development hereby approved shall be constructed of materials and finish to match the existing dwelling.

4.         Prior to first use of the proposed development, the vehicular access shall be constructed at right angles to the highway boundary and to a width of 3.7m and shall be provided with an appropriate dropped kerb vehicular crossing of the footway/highway verge to the specification of the Highway Authority.

5.         No unbound material shall be used in the surface treatment of the vehicular access within 6 metres of the highway boundary.

6.         The driveway hereby approved shall either be constructed of a porous material or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse and shall be retained as such thereafter.

To consider the planning application and recommendations of the Chief Executive copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update that a consultation response had been received from Maldon Town Council and 13 letters of objection relating to application FUL/MAL17/00449 and eight letters of objection relation to application LBC/MAL/17/00450.

Following the Officers’ presentation an objector, Ms Val Wilson addressed the Committee.

In response to a question regarding the level of objection received, the Group Manager - Planning Services advised that the level of objection was not a material consideration, it was about the value and content of the letters.  Members had to determine an application in accordance with the development plan unless material considerations indicated otherwise.  Members were advised that there was also extensive case law that volume of objections was not a material consideration.

In light of the concerns raised Councillor M S Heard sought confirmation as to whether an Environmental Impact Assessment (EIA) should be requested.  In response the Officer advised that there were specific requirements to meet when requesting an EIA and this application would not meet them.

A number of Members spoke in support of the application and specific reference was made to this application being smaller than the application already given planning permission.

In response to a question regarding sheds on the site and the allocation of the land should they be removed, the Officer explained that if Members were mindful to approve the application then a condition could be added relating to this.

Councillor A T Cain proposed that the applications be approved.  The Chairman then put approval of the applications to the vote and this was duly agreed.

RESOLVED

FUL/MAL/17/00449

That this 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 complete accordance with the approved drawings specifically referenced on this decision notice.

3          No development shall take place until written details or samples of all materials to be used in the construction of the external surfaces of the  ...  view the full minutes text for item 106.

To consider the report of the Chief Executive on the following matters:

(i)              Appeals Lodged

(ii)            Appeal Decisions

The Committee received the report of the Chief Executive, including those on the Members’ Update, detailing the following:

(i)        Appeals Lodged:

It was noted that the following appeals had been lodged with the Planning Inspectorate.

Appeal Start Date: 04/05/2017

Application Number: FUL/MAL/16/01331 (APP/X1545/W/17/3171628)

Site: The Toll House, Fullbridge, Essex, CM9 4LE

Proposal: Single storey extension to side of existing building over part of existing enclosed yard.

Appeal by: Rollings Commercial Ltd

Appeal against: Refusal

Appeal procedure requested: Written Representations

Appeal Start Date: 04.05.2017

Application Number: FUL/MAL/17/00003 (APP/X1545/W/17/3171404)

Site: Units 1 And 2 Old Maltings Hall Road Heybridge

Proposal: Change of use to a mixed used of B1/B2/D2

Appeal by: Miss Martyna Jackowska

Appeal against: Refusal

Appeal procedure requested: Written Representation

Appeal Start Date: 09/05/2017

Application Number: WTPO/MAL/16/01478 (APP/TPO/6087)

Site: D'Arcy Court - Maldon

Proposal: T1, T2, T3 - Common Lime - Crown reduce by cutting back to the previously cut points. Continue practice of cutting back basal epicormic shoots. Remove any dead wood.

Appeal by: D’Arcy Court Maldon Ltd

Appeal against: Refusal

Appeal procedure requested: Fast Track Appeal

Appeal Start Date: 25/05/2017

Application Number: ADV/MAL/16/01137 (APP/X1545/Z/17/3169073)

Site: TFP Financial Planning Limited - Left Front Office - 65B High Street – Maldon

Proposal: Replace the existing hanging and fascia signs

Appeal by: TFP Financial Planning Limited

Appeal against: Refusal

Appeal procedure requested: Commercial Appeals Service (CAS)

In response to a question, the Group Manager - Planning Services clarified that the Commercial Appeals Service was a new scheme to help speed up appeal decisions.

(ii)       Appeal Decisions:

It was noted that the following appeal decisions had been received from the Planning Inspectorate.

HOUSE/MAL/16/01090 (Appeal Ref: APP/X1545/D/17/3169620)

Proposal: Rooms in roof

Address: 52 Victoria Road - Maldon

APPEAL DISMISSED – 2 May 2017

DECISION LEVEL: Delegated

FUL/MAL/16/00649 (Appeal Ref: APP/X1545/W/17/3168381)

Proposal: Vary condition 15 (delivery hours) of approved planning application FUL/MAL/15/00567 (Planning application for the demolition of existing buildings and the construction of a foodstore (Class A1) together with access, car-parking (100 spaces), landscaping and associated engineering works on land at Station Road / Fullbridge, Maldon) Vary delivery hours.

Address: Land At Corner Of Station Road, Maldon, Essex

Decision Level: Committee overturned Officer recommendation to approve

APPEAL ALLOWED – 22 May 2017

To nominate a Member to represent the Central Area Planning Committee on the Local Area Highways Panel, as requested by the Council at its meeting on 11 May 2017.

RESOLVED that Councillor M S Heard be nominated to represent the Central Area Planning Committee on the Local Areas Highways Panel.