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 A T Cain, Mrs P A Channer, CC and Miss M R Lewis.

To confirm the Minutes of the meeting of the Committee held on 31 May 2017, (copy enclosed).

RESOLVED

(i)                 that the Minutes of the meeting of the Committee held on 31 May 2017 be received.

Minute No. 99 – Disclosure of Interest

Councillor M S Heard – amendment to declaration of interest for Agenda Item 10 – he knew the applicant Mr Harmer, a council employee.

Councillor S J Savage – amendments to declarations of interest for Agenda Item 6 – he used the facilities of Blackwater Leisure Centre. Agenda Item 9 – ‘been aware of flooding on the quay since 1969.’

RESOLVED

(ii)               that subject to the above amendment the Minutes of the meeting of the Committee held on 31 May 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 I E Dobson declared an interest in relation to Agenda Item 7 -  FUL/MAL/17/00494, All Saints Church Of England Primary School Highlands Drive Maldon Essex as he was the chair of the governors board at All Saints School.

Councillor M S Heard declared an interest in relation to Agenda Item 6 FUL/MAL/17/00465, Maldon Saints Clubhouse, The Promenade Park, Park Drive, Maldon -  as he knew the applicant and met there as a member of the legion.

Councillor Mrs N G F Shaughnessy declared an interest in relation to Agenda Item 7 - FUL/MAL/17/00494, All Saints Church Of England Primary School Highlands Drive Maldon Essex as her grandson attended the school and she also knew the teachers and head teacher.

The Committee considered the reports of the Interim Head of Planning Services 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, Member’ 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 BLOCK PLAN, LOCATION PLAN, 1WC/3/1-1, 8621/1, 8621/2 and 8621/3, and specifically referenced on this decision notice.

3.      No development shall take place until written details and samples of all materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority. The development shall be carried out using the materials and details as approved. 

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 drawings referenced 518-01, 518-02 A, 518-03A and 518-04 specifically referenced on this decision notice.
3. The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match those used in the existing building.
4. The use hereby permitted shall not commence unless and until the building has been constructed to provide sound insulation against internally generated noise in accordance with a scheme which shall have been submitted to and approved in writing by the local planning authority. The scheme as approved shall be retained as such thereafter.
5. The use hereby permitted shall only be undertaken in conjunction with the park’s opening and closing times.
6. Prior to the first use of the development hereby permitted, the parking space as shown on approved plan ref: 518-02 Rev A, shall be constructed, surfaced, laid out and made available for use in accordance with the approved scheme and retained for such purposes thereafter.
7. Prior to the commencement of the development details of the surface water and foul water drainage scheme to serve the development shall be submitted to and approved in writing by the local planning authority. The agreed scheme shall be implemented prior to the first occupation of the development and shall be retained at all times thereafter.  The scheme shall ensure that for a minimum, run-off from the site is limited to greenfield rates for a storm event that has a 100% chance of occurring each year (1 in 1 year event).  The development should be able to manage water on site for 1 in 100 year events plus 40% climate change allowance.

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 approved drawings 1068/A/04, 1068/A/10 and 1068/A/11 and specifically referenced on this decision notice as well as the submitted detailed specifications.

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 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 express consent hereby granted shall be for a period of 5 years 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 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: 19/06/2017

Application Number: ADV/MAL/16/01066 (APP/X1545/Z/17/3171512)

Site: Unit 4, Home Farm Industrial Estate, Colchester Road, Heybridge, Essex, CM9 4NL

Proposal: Advertisement consent for company logo sign.

Appeal by: Mr Simon Houlding

Appeal against: Refusal

Appeal procedure requested: Commercial Appeals Service (CAS)

Appeal Start Date: 14 June 2017

Application Number: ADV/MAL/16/01400 (APP/X1545/H/17/3172268)

Site:Lidl, 2 Station Road, MALDON, CM9 4LQ

Proposal: Appeal against condition 9 of approved consent for the free-standing internally illuminated sign at the entrance, and refused consent for the two illuminated projecting gable 'bubble' signs above the store entrance and the directional signs.

Appeal by: Lidl UK GmbH

Appeal against: Conditions imposed and refusal

Appeal procedure requested: Written Representation

(ii)        Appeal Decisions:

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

FUL/MAL/16/01218 (Appeal Ref: APP/X1545/W/17/3169518)

Proposal: Retrospective - The siting of cake fridges in the front garden.

Address: 16 Fambridge Road - Maldon

APPEAL DISMISSED – 14 June 2017

DECISION LEVEL: Delegated

To resolve 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.

RESOLVED 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.

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.