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 Mrs N G F Shaughnessy and Mrs P A Channer, CC.

To confirm the Minutes of the meeting of the Committee held on 18 April 2018, (copy enclosed).

RESOLVED

(i)                 that the Minutes of the meeting of the Committee held on 18 April 2018 be received.

Minute No. 1016 – Minutes of the Last Meeting

Councillor S J Savage requested that Minute no. 847 HOUSE/MAL/18/00062 – 2 New Rose Cottages, London Road, Maldon be amended to read ‘…; as he was a Maldon East ward member and not a Maldon North ward member…’

Minute No.1018 – FUL/MAL/18/0061 – GRAVEL PITS, HALL ROAD, HEYBRIDGE, ESSEX

Members requested confirmation that the minutes for this item were correct.  Upon review the results of the item should be amended to the following:

RESOLVED that this application be REFUSED for the following reasons:

1.         The information which has been submitted as part of the application fails to demonstrate that the proposal would not have a direct, adverse effect on the interest features of the local, national and European designated sites at and within the vicinity of the site and protected species. The development proposal cannot be deemed necessary for reasons of overriding public interest. The proposal is, therefore, contrary to Polices S1, S8, D1, N1 and N2 of the Maldon District Approved Local Development Plan, the NPPF and NPPG.

2.         The proposal would result in harm to the character and appearance of the area through a loss of vegetation and the increased provision and formalization of the car parking area required. Moreover, insufficient information has been provided to demonstrate that the proposed toilet/shower block would not cause harm the character and appearance of the site and the surrounding area. Therefore, the proposal would fail to protect, conserve and enhance the rural character and appearance of the locality, contrary to Policies S1, S8 and D1 of the Maldon District Approved Local Development Plan and the NPPF.

3.         The car parking proposed on site is considered to be insufficient, failing to accommodate the demand generated by the proposed use of the site which in turn will lead to cars parking within Battle Rise and adjoining streets causing conditions of obstruction, congestion and inconvenience to other road users, failing to accord with policies D1 and T2 of the Maldon District Replacement Local Plan.

4.         The proposal would introduce noise and disturbance, in close proximity to existing residential properties, at unsociable times of the day, causing material harm to the amenity of the occupiers of residential properties in Battle Rise, Northey View and adjoining streets, contrary to Policy D1 of the Maldon District Approved Local Development Plan and the NPPF.

Minute No. 1021. – FUL/MAL/18/00187 – LAND AT MALDON WYCKE, SPITAL ROAD, MALDON, ESSEX

To be amended to read as follows ‘…Mr Steven Osbourne, the Applicant and Director of Lancet Property Ltd, addressed the committee.’

Minute No. 1024 – FUL/MAL/18/0290 – UNITS 1 AND 2 OLD MALTINGS

Paragraph three, ‘…would also affect ecological development…’ should read ‘…would also affect economic development’.

RESOLVED

(ii)               that subject to the above amendments the Minutes of the meeting of the Committee held on 18 April 2018 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).

There was none.

The Committee received the reports of the Director of Planning and Regulatory Services 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 recommendation of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated).

Following the Officer’s report, attention was drawn to the Members’ Update and the objector’s comments were noted.

Members queried whether the application was also for the addition of a carport as one had already been built on site.  It was noted that Members would have liked images to show where this was built in relation to the application.

The Group Manager for Planning Service advised that it was not illegal to undertake work without planning permission, and apply for this in retrospect.

The Chairman put the Officer’s recommendation for approval to the Committee and upon a vote being taken this was duly agreed.

FUL/MAL/18/00305:

RESOLVED that the 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 accordance with the following approved plans and documents: 1609.06, 1610.loc01, 1609.sur02, 1609.sur03, 1609.sur05, 1609.sur04, 1609.091609.08, 1609.07, Design and Access Statement, Bat Survey, Phase 1 Habitat Survey and Protected Species Scoping Assessment, Tree Survey.

3          No development shall take place until samples of the weatherboarding, louvres and roof tiles 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 details of surface water and foul drainage schemes for the development have been submitted to and approved in writing by the Local Planning Authority. The development shall be completed and retained in accordance with the approved details.

5          No development shall take place until a scheme of ecological mitigation measures in relation to bats has been submitted to and approved in writing by the Local Planning Authority. The details shall include a timetable for the implementation of the mitigation measures. The development shall be undertaken in full accordance with the approved scheme and timetable, and shall be retained in perpetuity in accordance with the approved details.

6          No development including any site clearance or groundworks of any kind shall take place within the site  ...  view the full minutes text for item 114.

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

Members received the Officer’s report and attention was drawn to the Members’ Update.  Following the Officer’s presentation Sarah Smith, the Applicant, addressed the Committee.

The application was discussed and Members said they were pleased that this represented investment in Heybridge.  Concern was raised on access, parking, highway and safety elements at the site, and it was noted that clarification on Condition 3 in regard to restrictions on deliveries was provided in the Members’ Update.

Councillor Miss M R Lewis proposed that the application be approved in accordance with the Officer’s recommendation with the amendment to Condition 4 to allow for display of goods outside of the shop.  The Group Manager of Planning Services suggested that a condition allowing display of goods to an area of one metre[1] to the front of the property could be provided.  This was duly seconded by Councillors Miss A M Beale and I E Dobson.

Upon a vote being taken this was duly agreed with one Member abstaining.

RESOLVED that the 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 following documents: ATS/560/01, ATS/560/02, ATS/560/06.

3                 Deliveries to and from the site shall only be undertaken between 08:00 hours and 18:00 hours on weekdays and between 08:00 hours and 13:00 hours on Saturdays and not at any time on Sundays and Public Holidays.

4                 Notwithstanding a 1 metre[2] deep display area to the front of the principal elevation containing a shop window, no goods, materials, plant, machinery, skips, containers, packaging or other similar items shall be stored or kept outside of the building. Within the display area, only products and good associated with the lawful use of the site may be displayed. The display area shall be kept clear at times when the premises are not open to members of public.

5                 No machinery shall be operated and no process shall be undertaken outside of the building.

6                 Prior to first use of the building for the purposes hereby approved, details of a refuse storage scheme shall be submitted to and approved in writing by the Local Planning Authority. The measures set out within the approved scheme shall be implemented prior to the first use of the building hereby approved and retained at all times.

7          No means of external illumination of the site shall be installed unless otherwise agreed in writing by the Local Planning Authority.

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

The Officer presented the report to the Committee.

Following a brief discussion on advertising consent a vote was taken and the application was approved in accordance with the Officer’s recommendation.

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

1                 The express consent hereby granted shall be for a period of five 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 advert 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).

Members received the Officer’s presentation in respect of the application.

Councillor Rev. A E J Shrimpton proposed that the application be approved contrary to the Officer’s recommendation as the dormer would not be visible from the road, nor the car park, due to the extension on the neighbouring property blocking the view.  This was duly seconded.

Members discussed this further and agreed that the architectural style was not in keeping with the neighbourhood scene and contrary to the recommendations of the Conservation Officer.  Councillor M R Pearlman proposed that the application be refused in accordance with the Officer’s recommendation.

Upon a vote being taken the application was refused in accordance with the Officer’s recommendation.

RESOLVED that the application be REFUSED, for the following reason:

1.               The proposed dormer, by reason of its scale and design, is considered to be an incongruous addition which would be detrimental and harmful to the character and appearance of the existing dwelling and the Maldon Conservation Area, contrary to policies D1 and D3 of the Maldon District Local Development Plan and the guidance contained within the National Planning Policy Framework.