Agenda and minutes

Apologies for absence were received from Councillors Miss A M Beale, A T Cain and M R Pearlman.

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

To confirm the Minutes of the meeting of the Committee held on 13 December 2017 (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 13 December 2017 be approved and 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 Mrs P A Channer disclosed a non-pecuniary interest as a Member of Essex County Council and advised that she represented the Maldon Division.  She also declared in respect of Agenda Item 11 - FUL/MAL/17/01391-Land Rear Of 47 Spital Road, Maldon as she knew the agent.

Councillor S J Savage declared a non-pecuniary interest in respect of Agenda Item 11 FUL/MAL/17/01391-Land Rear Of 47 Spital Road, Maldon as he knew the applicant.

Councillor Mrs B D Harker declared a non-pecuniary interest in respect of Agenda Item 11 FUL/MAL/17/01391-Land Rear Of 47 Spital Road, Maldon, as he knew both the applicant and agent.

Councillor M S Heard declared a non-pecuniary interest in respect of Agenda Item 9 – FUL/MAL/1701355 – Maldon District Council, Council Offices, Princes Road, Maldon and commented that this probably applied to all Members.

To consider the planning application and recommendation of the Director of Planning and Regulatory Services (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.

Following the Officers’ presentation, a supporter, Mrs Keeble addressed the Committee on behalf of the Sea Cadets.

Councillor S J Savage proposed that the Officers’ recommendation of approval be agreed.  This proposal was duly seconded.

In response to questions as to whether the building was temporary and if a planning condition could be applied in relation to this, the Group Manager - Planning Services advised that Members could not apply a planning condition to something outside of planning law and the application had not been assessed as a temporary building.

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

1.         Within six months of the date of this decision, an assessment of the risks  posed by any contamination, carried out in accordance with British Standard  BS 10175: Investigation of potentially contaminated sites – Code of Practice  and the Environment Agency’s Model Procedures for the Management of Land Contamination (CLR 11) (or equivalent British Standard and Model Procedures if replaced), together with, if any contamination is found, a report specifying the measures to be taken, including the timescale, to remediate the site to render it suitable for the approved development, shall have been submitted in writing to the local planning authority for approval.  Where identified as being necessary in the approved assessment/report, the site shall be remediated in accordance with the approved measures and timescale and a verification report demonstrating the effectiveness of the remediation carried out shall be submitted in writing to the local planning authority for approval within 14 days of the report being completed.

2.         The building hereby permitted shall only be used for the accommodation of classrooms in association with lessons for recreational activities or for storage purposes in association with the lessons and/or the recreational activities taking place on site.

3.         The materials to be used in the construction of the external surfaces of the building hereby permitted shall match those used in the existing building on site.

To consider the planning application and recommendation of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated).

In response to concern raised regarding the development being a separate dwelling, the Chairman drew Members’ attention to suggested condition 2 which would prevent any other activities taking place. 

The Group Manager - Planning Services explained the use of the word incidental within the Town and Planning Act and advised that if the proposed garage was to be used as an annexe this would require a formal application.

A debate ensued and in response to questions Officers provided further guidance including the removal of permitted development rights.

The Chairman then put the Officers’ recommendation of approval to the Committee.  Upon a vote being taken this was declared lost.  The Chairman then sought reasons for refusal.  Members discussed a number of reasons for refusal and in response to these the Group Manager - Planning Services provided the Committee with further guidance.  Reasons in relation to the design, scale, size and bulk of the structure and its relationship to the dwelling and local area were raised.

Councillor Miss M R Lewis, a Ward Member, proposed that the application be refused contrary to Officers recommendation.  This proposal was duly seconded.  Upon a vote being taken this was agreed for the reasons as detailed above.

RESOLVED that this application be REFUSED for the following reason:

1.     The development, due to its size and scale, has resulted in a disproportionate addition when compared to the host dwelling on site and other dwellings in the vicinity of the application site.  Furthermore, due to its design, scale, and bulk, the development is an incongruous and overly large addition to the site that is detrimentally harmful to the character and appearance of the dwelling and the surrounding area.  It is therefore considered that the proposal fails to make a positive contribution to the general character of the area, contrary to policies D1 and H4 of the Maldon District Local Development Plan and national policy contained within the National Planning Policy Framework.

To consider the planning application and recommendation of the Director of Planning and Regulatory Services (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.

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 approved drawing:  Block Plan, SK4, Proposed elevations.

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

To consider the planning application and recommendation of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated).

Following the Officers’ presentation, the Agent, Mr Le Grys addressed the Committee.

A discussion ensued during which concerns were raised regarding potential flooding.  In response to a comment raised by the Agent, the Group Manager - Planning Services advised Members that whilst the Environment Agency had not commented on this application this did not mean they supported the proposal.  Given that this is a known flood area this application is high risk.

The Chairman put the Officers recommendations of refusal to the Committee.  Upon a vote being taken this was agreed.

RESOLVED that this application be REFUSED for the following reasons:

1          The application site is located in Flood Zone 3a which has a high probability of flooding. The Council can demonstrate a Five Year Housing Land Supply and as such residential development should be directed to areas of low risk of flooding.  Furthermore, the submitted Flood Risk Assessment is unsatisfactory as it has failed to apply the Sequential Test is set out in Paragraph 101 of the National PlanningPolicy Framework (NPPF).  The Exception Test is set out in paragraph 102 thus fails to demonstrate that the proposed development would be safe for prospective occupiers of the site. Therefore, the development would be contrary to Government guidance and advice contained in the NPPF, the NPPG, and policy D5 of the Maldon District Local Development Plan (MDLDP).

2          The provision of two detached dwellings on this site, would introduce a cramped and contrived form of development which is out of keeping and fails to reflect the prevailing pattern of development in the immediate locality.  The development proposal would therefore be contrary to policies S1, D1 and H4 of the MDLDP, and Government advice contained in the NPPF.

To consider the planning application and recommendation of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated).

It was noted from the Members’ Update that a letter of objection had been received from Mr T Kelly.

Councillor Mrs P A Channer declared a non-pecuniary interest in this application as the Maldon District Council representative on the Police, Fire and Crime Commissioners’ panel which had dealings with Essex Police.

Following the Officers’ presentation, the Group Manager - Planning Services advised the Committee that due to the site area this application should have been classified as a major application.  The Officer explained that there were a number of legal requirements for consultation on planning applications and for major applications this included advertising in the press and it was not therefore possible for the application to be determined by this Committee tonight.  The Group Manager - Planning Services therefore sought an amendment to the recommendation set out in the report, asking if Members’ were mindful to approve the application that they agreed to delegate approval to the Director of Planning and Regulatory Services subject to the expiry of the advertisement. This was refused by the Committee.[1]

Following concern raised Councillor B E Harker proposed that this application be deferred, contrary to Officers’ recommendation, so that the required advertisement in the press could take place, in accordance to the requirements of a major application.  This proposal was duly seconded and agreed.

RESOLVED that this application be DEFERRED to allow the required advertisement of the application in the press and once completed be brought back to a future meeting of this Committee for consideration.

To consider the planning application and recommendation of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated).

Councillor Mrs P A Channer declared a non-pecuniary interest in this item of business as she sat on the Sense of Place Board.

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

1.               The express consent hereby granted shall be for a period of 1 year beginning from the date hereof.

2.               No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

3.               No advertisement shall be sited or displayed so as to:

(a)     endanger persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or military)

(b)     obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by water or air; or

(c)     hinder the operation of any device used for the purposes of security or surveillance or for the measuring the speed of any vehicle.

4.               Any advertisement displayed, and any site used for the display of advertisements, shall be maintained in a condition that does not impair the visual amenity of the site.

5.               Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a condition that does not endanger the public.

6.               Where an advertisement is required under these Regulations to be removed, the site shall be left in a condition that does not endanger the public or impair visual amenity.

To consider the planning application and recommendation of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated).

It was noted from the Members’ Update that a letter of objection had been received from Mr K Phillips of 57 Spital Road, Maldon, CM9 6DZ and a further Officer assessment was detailed.

Following the Officers’ presentation, the Chairman advised Members that he had agreed for Mr John Harwood to speak on behalf of the applicant.  Mr Harwood then addressed the Committee.

Councillor Mrs P A Channer declared an interest in this application.

A debate ensued and comments were raised regarding access to the site, in particular, access by the emergency services.  In response to questions, the Group Manager - Planning Services provided clarification in respect of building regulations and that the area edged in red on the plans was within the applicant’s control.  It was noted that could condition against parking in a specific area of the site, but the dwelling would become a zero parking dwelling and Officers advised that Members needed to be mindful of this. 

Councillor Rev. A E J Shrimpton proposed that the application be approved, contrary to Officers recommendation.   This was duly seconded.

Councillor Miss M R Lewis proposed that the application be refused subject to removal of the second suggested reasons for refusal.  This was seconded..  The Chairman put this to the Committee and upon a vote being taken the motion was declared lost.

The Chairman then put the proposition of approval, in the name of Councillor Shrimpton, to the Committee.  Prior to voting on approval the Group Manager - Planning Services outlined a number of suggested conditions to be applied to the application if Members’ were mindful to approve seeking clarification in respect of car parking condition.  Upon a vote being taken this was agreed subject to the conditions as outlined by the Officer.  The Chairman clarified that no condition regarding car parking had been agreed.

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 No's, 5683/02 REV A, 5683/04 REV A, 5683/01 REV A and 5683/06 which are specifically referenced on this decision notice and forms part of this permission.

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 development hereby permitted have been submitted to the Local Planning Authority for approval in writing.  The development shall be carried out in accordance with the approved materials.

4                    No development shall take place until a scheme for the provision and implementation of a  ...  view the full minutes text for item 753.