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 23 August 2017, (copy enclosed).

RESOLVED

(i)                 that the Minutes of the meeting of the Committee held on 23 August 2017 be received.

Minute No. 303 – Apologies for Absence

Councillor A T Cain explained he had sent a block apology for the meetings he had missed due to holiday and that his apology had not been noted for the meeting of 23 August 2017.

RESOLVED

(ii)               that subject to the above amendment the Minutes of the meeting of the Committee held on 23 August 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 B E Harker declared a personal and prejudicial interest in Item 6 - HOUSE/MAL/17/00643 – 8 St Pauls Mews, Heybridge. He informed the committee that he would vacate the chair for this item, and that Councillor S J Savage would be in the chair for this item.

Councillor M R Pearlman declared a non-pecuniary interest in Item 5 – FUL/MAL/17/00428 – Flat at 11-14 The Kings Head Centre, 38 High Street, Maldon and Item 7 – FUL/MAL/1700798 – 16 High Street, Maldon.

Councillor S J Savage declared a non-pecuniary interest in Item 5 - FUL/MAL/17/00428 – Flat at 11-14 The Kings Head Centre, 38 High Street, Maldon, as the owner had invited him to a Carnival meeting, and Item 7 – FUL/MAL/1700798 – 16 High Street, Maldon, as he was a member of the same club that some of the involved parties attend and attended the site visit.

Councillor M S Heard declared a non-pecuniary interest in Item 7 - FUL/MAL/1700798 – 16 High Street, Maldon, as he knew the applicant.

The Committee received the reports of the Chief Executive and determined the following planning applications, having taken into account all representations and consultation replies received, including those listed on the Members’ Update circulated at the meeting.

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 this application had been withdrawn by the applicant.

At this point in the meeting Councillor B E Harker vacated the chair and the Chamber for Item 6 – HOUSE/MAL/17/00643 8 St Paul’s Mews, Heybridge, in accordance with his earlier declaration of interest.

IN THE CHAIR : COUNCILLOR S J SAVAGE

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

Following the Officer’s presentation of the report, Elaine Hammans, an objector and Mark Gormer, the applicant, addressed the Committee.

Some discussion followed between Members about how they themselves would not feel comfortable living in the neighbouring property and it was suggested that the officers work with the applicant to alter the application to suit their needs but not to overlook their neighbours.

A proposal to refuse this application, contrary to Officers recommendation, was made in the name of Councillor Miss A M Beale and this was seconded by Councillor Miss M R Lewis.  Upon a vote being taken this was agreed.

RESOLVED that this application be REFUSED for the following reason:

1          The proposed development would constitute unneighbourly development due to the proposed rooflights causing overlooking and a loss of privacy within the neighbouring property.  The proposal is therefore contrary to policy D1 of the Maldon District Local Development Plan.

Councillor S J Savage vacated the chair.  Councillor B E Harker returned to the Chamber and chair for the remainder of the meeting.

IN THE CHAIR : COUNCILLOR B E HARKER

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

Some discussion followed the Officer’s presentation as to whether or not Members felt that the town centre was losing more retail space.

A proposal in the name of Councillor M R Pearlman was made to approve the officer’s recommendation; this was seconded by Councillor A T Cain and 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 be carried out in complete accordance with the approved drawings specifically referenced on this decision notice.

3                    The retail floorspace of the live/work unit shall be finished ready for occupation before the residential floorspace is occupied and the residential use shall not precede commencement of the retail use.

4                    The residential floorspace of the live/work unit shall not be occupied other than by a person solely or mainly employed, or last employed in the business occupying the retail floorspace of that unit, a widow or widower of such a person, or surviving civil partner or any resident dependants.

5                    Notwithstanding the submitted details, the roof of the new porch hereby permitted shall be covered using natural slate only. No development shall take place until 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.

6                    The boundary treatment proposed shall be constructed prior to the occupation of any of the residential units hereby permitted and retained as such thereafter.

7                    All new doors and window shall be in timber with a painted finish 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 suggested by a Member that if the Committee refused the application that they could be making some families homeless and then it would be the Council’s responsibility to home these people.

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

1.                  No caravans shall be occupied between 15 February and 1 March in any calendar year. 

2.                  The caravans hereby permitted shall be occupied for holiday purposes only.

3.                  No caravans shall be used as a person’s sole or main place of residence.  The owners / operators shall maintain an up to date register of the names of all owners / occupiers of caravans on the site and of their main home addresses and shall make this information available at all reasonable times to the Local Planning Authority for inspection. 

4.                  The measures contained within the Flood Warning and Evacuation Plan (as prepared by Happy Days Caravan Park Document C dated July 2017) shall be fully implemented and in place prior to the permission being implemented.  The measures contained within Flood Warning and Evacuation Plan shall be applicable as such thereafter.

To receive the notification from the Planning Inspectorate of the following:

(i)                 Appeals Lodged

(ii)               Appeal Decisions

The Committee received and noted the report of the Chief Executive on the following matters:

(i) Appeals Lodged

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

Inspectorate:

Appeal Start Date: 31/08/2017

Application Number: HOUSE/MAL/17/00422 (APP/X1545/D/17/3179597)

Site: 35 Victoria Road, Maldon, Essex, CM9 5HE

Proposal: Proposed loft conversion with rear dormer and internal alterations (amended scheme)

Appeal by: Mr Justin Lloyd

Appeal against: Refusal

Appeal procedure requested: Householder Appeals Service (HAS)

Appeal Start Date: 14/09/2017

Application Number: FUL/MAL/16/01335 (APP/X1545/W/17/3180915)

Site:Land Adjacent 7 Granger Avenue Maldon

Proposal: Three bed dwelling

Appeal by: Mr B Marshall

Appeal against: Refusal

Appeal procedure requested: Written Representations

Appeal Start Date: 14/09/2017

Application Number: HOUSE/MAL/17/00532 (APP/X1545/D/17/3182411)

Site: 24 Scraley Road Heybridge

Proposal: Proposed part two storey and part first floor front extensions with associated alterations

Appeal by: Mr and Mrs Mark Hockton

Appeal against: Refusal

Appeal procedure requested: Householder Appeals Service (HAS)

Appeal Start Date: 18/09/2017

Application Number: HOUSE/MAL/17/00153 (APP/X1545/D/17/3179755)

Site: The Lake House, 33 Battle Rise, Heybridge, Essex, CM9 4PF

Proposal: Proposed alterations to existing window openings to front elevation and replacement of existing windows with new patio doors.

Appeal by: Mr and Mrs Dean Curtis

Appeal against: Refusal

Appeal procedure requested: Householder Appeals Service (HAS)

(ii) Appeal Decisions

It was noted that the following Appeal Decisions had been received from the

Planning Inspectorate:

HOUSE/MAL/17/00087 (Appeal Ref: APP/X1545/D/17/3177175)

Proposal: New garage to front elevation adjoining the existing semi-detached house, maintaining rear access through new rear door garage.

Address: 39 Orchard Road - Maldon

APPEAL DISMISSED – 7 September 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 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.