Agenda and minutes

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

There were none.

To confirm the Minutes of the meeting of the Committee held on 30 May 2018 (copy enclosed).

RESOLVED

(i)                 that the Minutes of the meeting of the Committee held on 30 May 2018 be received.

Minute No. 115.  – FUL/MAL/18/00342 – 99 Wood Road, Heybridge, Essex, CM9 4AS

The word ‘meter’ has the American spelling and should read ‘metre’.

RESOLVED

(ii)               that subject to the above amendment the Minutes of the meeting of the Committee held on 30 May 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).

Councillor Mrs P A Channer, CC, disclosed a non-pecuniary interest in all items with matters relating to highways, access and education, as a County Councillor for Essex County Council.

Councillor I Dobson disclosed a non-pecuniary interest in Agenda Item 9, FUL/MAL/18/00579 – 15 Suffolk Road, Maldon, as he knew the applicant.

It was noted that all Members held a non-pecuniary interest in Agenda Item 6, FUL/MAL/18/00480 – Kiosk Adjacent to The Splash Park, The Promenade Park, Maldon, Essex, and Agenda Item 7, FUL/MAL/18/00481 - Bungee Trampolines (Valley Area), The Promenade Park, Park Drive, Maldon, Essex, due to the land being owned by Maldon District Council.

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

The Officer presented the report to the Committee, and attention was drawn to the Members’ Update.

The application was discussed and Members were pleased with the improvement of the area.  It was noted that parking in the vicinity was at a premium and that offered with the property was considered generous.

Members queried whether the study room could be considered a second bedroom, and raised concern over the lack of storage in the property.  The Group Manager for Planning Service advised that there was no minimum space for storage required and it would be difficult to refuse an application on this matter unless there was a clear shortfall.

The Committee raised concern over drainage at the site due to its current condition and were pleased that the application would be addressing this issue.

Upon a vote being taken the application be APPROVED in accordance with the Officer’s recommendation.

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

1                   The developmenthereby permittedshallbe begunbefore theexpirationof threeyears fromthedate ofthispermission.

2                    Thedevelopment herebypermitted shallbe carriedout incompleteaccordancewiththeapproveddrawings andspecifications:

PROPOSEDSITEPLANSC/18/01REV.A;

SOFT LANDSCAPINGPLAN NR.723.01 REV.A

EXISTINGANDPROPOSEDSITEPLANSC/18/P101REV.APLOT1 &2 PROPOSEDELEVATIONSSC/18/P103REV.APLOT1 &2 PROPOSEDPLANSSC/18/P102

BLOCK PLAN &LOCATION PLAN SC/18/OM SITESETUPPLANSC/18/02CONSTRUCTIONMETHODSTATEMENT

DETAILSOFEXTERNAL MATERIALS(BRICKS, TILESANDPAVING)SOFTLANDSCAPING& PLANTING SPECIFICATION

3               Thehard landscapeworks,asshownon drawingPROPOSEDSITE PLANSC/18/01REV.A,shallbe carriedout asapprovedprior tothebeneficial occupationof thedevelopment herebyapprovedunless otherwisefirst agreedinwritingby thelocalplanning authority. Thesoftlandscapeworks,asshown    ondrawing SOFTLANDSCAPING PLAN NR.723.01 REV.A andSOFTLANDSCAPING& PLANTINGSPECIFICATION, shallbe carriedout asapprovedwithinthefirst availableplanting season(October toMarchinclusive)following thecommencementof thedevelopment, unlessotherwise firstagreedinwritingby thelocalplanning authority.If withina period offive yearsfrom thedate oftheplanting ofanytreeor plantthattree orplant, oranytreeor plantplanted initsreplacement, isremoved, uprooted,destroyed, dies,or becomes,intheopinion ofthelocalplanning authority,seriouslydamaged ordefective, anothertreeor plantof thesamespeciesandsizeasthat   originallyplanted shallbe plantedinthesameplace, unlessthelocalplanning authoritygives itswrittenconsenttoanyvariation.

4               Thecar  ...  view the full minutes text for item 213.

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

It was noted that a Members’ Update had been received.

The Officer changed their recommendation from approved, and requested that the application given to be deferred to allow the applicant more time following the response from the Environment Agency in the Members’ Update.

Following receipt of the Environment Agency’s concerns over flood risk it was considered that issues at the site had not been fully explored.

Councillor Miss M R Lewis proposed that the application be refused for the reasons stated above, and this was duly seconded by Councillor Dobson.

A lengthy discussion was held where Members stated they were disappointed that the application was retrospective.  It was noted that some Members deemed the building to be incongruous with the surrounding area.

Councillor A T Cain requested that a recorded vote was taken on both the request to defer and the reasons for refusal.  This was duly seconded.

A vote on the Officers recommendation for deferral was taken:
Members In favour of deferral: Councillors Savage and Cain.
Members against deferral: Councillors Miss A M Beal, Dobson, Mrs B D Harker, M S Heard, Lewis, M R Pearlman, Mrs N G F Shaughnessy, and Rev. A E J Shrimpton.
Members abstaining from voting: Councillor B E Harker.

Following the refusal of a deferral by the Committee, Members then voted on the refusal of the application.
Members in favour of refusal: Councillors Miss Beal, Dobson, Mrs Harker, Heard, Lewis, Pearlman, Mrs Shaughnessy, Savage, and Rev. Shrimpton.
Members against refusal: Councillor Cain.
Members abstaining from voting: Councillor B E Harker.

Upon a vote being taken the application was refused contrary to the Officers recommendation.

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

1.                  The application site is located in tidal Flood Zone 3b which has the highest risk of flooding but the Flood Risk Assessment submitted does not provide a suitable basis for assessment to be made of the flood risks arising from the proposed development. Therefore, the development is contrary to the National Planning Policy Framework, the National Planning Practice Guide, and Policy D5 of the Maldon District Approved Local Development Plan.

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

It was noted that a Members’ Update had been received from the Environment Agency.

The Officer requested that the application be deferred, to allow the applicant more time to submit additional information.  This was to address the objection raised by the Environment Agency as set out in the Members’ Update.

Members discussed the application.  It was noted that the design was considered incongruous with the surrounding area, contrary to Policy D3 of the Local Development Plan (LDP), and concerns on flood risk were also raised.

Councillor Lewis proposed that the application be refused for the reasons mentioned above.  This was duly seconded.

The Committee took a recorded vote on the refusal of the application.
Members voting in favour of refusing the application: Councillors Miss A M Beal, I E Dobson, Mrs B D Harker, M S Heard, Miss M R Lewis, M R Pearlman, S J Savage, Mrs N G F Shaughnessy, Rev. A E J Shrimpton.

Members voting against refusing the application: Councillor A T Cain.

Members abstaining from voting: Councillor B E Harker.

Upon a vote being taken the application was refusedcontradictory to the Officers recommendation.

RESOLVED that the application be REFUSED for the following reasons:

1.                  The application site is located in tidal Flood Zone 3b which has the highest risk of flooding but the Flood Risk Assessment submitted does not provide a suitable basis for assessment to be made of the flood risks arising from the proposed development. Therefore, the development is contrary to the National Planning Policy Framework, the National Planning Practice Guide, and Policy D5 of the Maldon District Approved Local Development Plan.

2.                  The proposed development would, as a result of its design, siting and size, be an incongruous form of development in this locally designated historic park and garden, out of keeping with its surroundings to the detriment of the character and appearance of the area, contrary to Policies D1 and D3 of the National Planning Policy Framework, NPPG, Maldon District Approved Local Development Plan and the Maldon District Design Guide 2017.

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

Following the Officers presentation, Mr Richard Smith of R T Padel, the Agent, addressed the committee.

The Chairman questioned the hours of use in the report and it was confirmed that the hours of use should read ‘08:00 hours and 22:00 hours Monday to Friday and between 08:00 hours and 20:00 hours Saturday, Sunday and Public Holidays.’

Councillor I E Dobson informed the Committee that he had a non-pecuniary interest in the application as he was a member of Park Drive Health Club.

The Committee voiced their support and welcomed the application; however some Members raised concerns over potential light pollution being generated.  It was noted that this was addressed in Condition 3 of the report.

Upon a vote being taken the application was duly agreed with the Chairman abstaining.

RESOLVED that the application be APPROVED, with correction to wording of condition 4:-

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: 9B 2018; 9C 2018; 9A 2018

3                    No form of external illumination of the courts hereby permitted shall be provided other than in accordance with details (including the luminance and spread of light; and the design, position and specification of the light fittings) which shall have first been submitted to and approved in writing by the local planning authority. The external illumination shall be retained in accordance with the approved details.

4          The courts hereby permitted shall only be used between 08:00 hours and 22:00 hours on Mondays to Fridays and between 08:00 hours and 20:00 hours on Saturdays, Sundays and Public Holidays.

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

Following the Officers presentation, Mr Phil Rowden, the Applicant, addressed the Committee in support of the application.

The Committee discussed the application, considering the design and its impact on the street scene.  Members complimented the consideration taken to have it set back from the road, noting that following the completion of the extension the garden would still be a reasonable size and it would not cause a loss of amenities. 

Councillor Mrs N G F Shaughnessy advised the Committee that the Town Council had recommended refusal of the application due to the size and scale of the fence, not the property.

Councillor Heard proposed that the application be approved, contrary to the Officer’s recommendations.  This was duly seconded and agreed.

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: 1247/10.B

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          Prior to the first occupation of the extension hereby permitted, the first floor bedroom window in the southern elevation shall be glazed with opaque glass and of a non-openable design with the exception of a top hung fanlight (which shall be at least 1.7m above internal floor level) and shall be retained as such thereafter.