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 Miss A M Beale, A T Cain, Mrs P A Channer, CC, M R Pearlman and Mrs N G F Shaughnessy.

To confirm the Minutes of the meeting of the Committee held on 15 November 2017 (copy enclosed).

RESOLVED

(i)              that the Minutes of the meeting of the Committee held on 15 November 2017 be received.

Minute No. 576 – Disclosure of Interest

Councillor I E Dobson advised that his declaration relation to Agenda Item 6 – HOUSE/MAL/17/01101 37 Fambridge Road, Maldon and not as detailed in the Minutes.  This was noted.

RESOLVED

(ii)            that subject to the above amendment the Minutes of the meeting of the Committee held on 15 November 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 Miss M R Lewis declared a non-pecuniary interest in Agenda Item 6 – FUL/MAL/17/01161 Workshop Former Hunters Garage, The Square, Heybridge as she knew the applicant.  Councillors Mrs B D Harker, B E Harker and M S Heard advised that this declaration also applied to them.

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

Councillor Rev. A E J Shrimpton, a Ward Member, advised that he had no objection to this application and proposed that it be approved as per Officers’ recommendation.

In response to questions, the Group Manager - Planning Services advised that the site currently had existing lawful use and if minded to remove specific actions they were currently able to do the Council would have to give specific reason as to why this development changed that and why it was removing them. 

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 accord with that shown on drawing reference, 001 Rev A, 002 Rev B, 003 Rev B, 004 Rev B, 005, 006 Rev A, 007 Rev A, 008 Rev A, 009 Rev A, 010 Rev A, 011 Rev A, which are specifically referenced on the decision notice and form part of this permission.

3.         The development hereby approved shall be constructed of materials and finish as stated within the application.

4.         The measures contained within the Flood Risk Assessment a copy of which was submitted with the planning application and forms part of this permission, shall be fully implemented and in place prior to the first occupation of the development and retained in perpetuity.

5.         A scheme for the provision and implementation of flood proofing and management measures, which shall include details of the retracting roller shutter doors and their maintenance and testing regime shall be submitted to and agreed in writing with the local planning authority.  The agreed scheme and shall be implemented prior to the first beneficial use of the development hereby approved and retained in perpetuity.

6.         No development shall commence until information has been submitted and approved in writing by the local planning authority in accordance with the requirements of BS5837:2012 in relation to tree retention and protection as follows:

·             Tree survey detailing works required

·             Trees to be retained

·             Tree retention protection plan

·             Tree constraints plan

·             Arboricultural implication assessment

·             Arboricultural  method  statement. (Including drainage service runs and construction of hard surfaces).

The protective fencing and ground protection shall be retained until all equipment, machinery and surplus materials have been removed from the site. If within five years from the completion of the development an existing tree is removed, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, a replacement tree shall be planted within the site of such  ...  view the full minutes text for item 680.

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

The Members’ Update highlighted a typographical error in the report and advised that additional information had been received from the Applicant.

The Development Control Officer advised that since publication of the report and Members’ Update Environmental Health had submitted further comments explaining that they had assessed all points and their objection still stood.  The Officer provided the Committee with further information in respect of this.

Following the Officers’ presentation, the Agent, Mr McIntosh addressed the Committee.

Councillor I E Dobson, a Ward Member, advised how he had spoken to local residents who like the Parish Council were in support of the development.  He felt that it would extend the street scene and commented on the work undertaken by Officers and the Applicant.  Councillor Dobson proposed that the application be approved, contrary to Officers’ recommendations.  This proposal was duly seconded.

In response to a number of questions, the Group Manager - Planning Services advised the Committee that:

·               public support on its own was not a reason to grant planning permission, weight had to be given to planning merits and case law.

·               if Members were mindful to approve the application he would recommend the addition of B1 (office) use which would fit well beneath residential development, in addition the A2 use requested as part of the application. He also advised that conditions regarding noise and disturbance should be applied with the actual wording delegated to the Chief Executive in discussion with the Chairman.

·               with regards to the shared amenity space (which he outlined) it was necessary to assess whether there was any demonstrable harm, taking into account that the proposed development would not be for family accommodation.

·               the shortfall in car parking spaces had been taken into account and it was not felt that this demonstrated demonstrable harm.

The Chairman then put the Officers’ recommendation of refusal to the Committee and upon a vote being taken this was declared lost.  Prior to a vote on approval being taken the Group Manager - Planning Services outlined a number of suggested conditions to be applied should approval be granted.  The Chairman then put the proposal of approval in the name of Councillor Dobson to the Committee and upon a vote being taken this was agreed with the conditions as advised by the Officer.

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

1          The development hereby permitted shall begin no later than three years from the date of this decision.

REASON: To comply with Section 91(1) of The Town & Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act  ...  view the full minutes text for item 681.

To resolve that under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the following item(s) of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 6 of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

RESOLVED that under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 6 of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

To receive and note the report of the Chief Executive (copy enclosed).

The Committee received and noted the quarterly update on enforcement cases affecting the Committee’s area.  Various cases were discussed in detail and the Enforcement Officer provided updates where requested to do so and advised Members of planned action to be taken.