Agenda and minutes

The Chairman drew attention to the list of notices published on the back of the agenda and reminded those members of the public present that they could only speak if called to do so.

There were none.

To confirm the Minutes of the meeting of the Committee held on 23 January 2019, (copy enclosed).

RESOLVED

(i)              that the Minutes of the meeting of the Committee held on 23 January 2019 be received.

Minute No. 769 – FUL/MAL/158/01365 – South Embankment, Northey Island, Maldon Essex

Councillor Miss M R Lewis referred to the fourth paragraph of this Minute on page 14 of the agenda pack and how Members had been provided with incorrect information regarding the ‘Hold the Line’ Policy.  The Chairman sought to establish what was incorrect and following a discussion determined that the Minutes reflected the information provided to Members at the last meeting, whether correct or not, and the Minutes therefore were a true record of what occurred.  Councillor Miss Lewis proposed that the Minutes of the last meeting therefore be recorded as being confirmed and not approved and confirmed.  This was duly agreed.

RESOLVED

(ii)            that the Minutes of the meeting of the Committee held on 23 January 2019 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).

Councillors M R Pearlman and M S Heard each disclosed a non-pecuniary interest in Agenda Item 10 - FUL/MAL/18/01516 – Land Rear of 63 High Street, Maldon as they knew the applicant.

Councillor Mrs N G F Shaughnessy declared an interest in Agenda Item 9 - FUL/MAL/18/01503 – Beacon House, 36 Acacia Drive, Maldon as she was acquainted with the applicant.

Councillor S J Savaged declared non-pecuniary interests in the following items as he was aware of the some of the objectors and supporters:

·                 Agenda Item 5: LBC/MAL/17/00763 AND FUL/MAL/17/00764 – The Friary, Park Drive, Maldon

·                 Agenda Item 6: FUL/MAL/18/01264 – Madison Heights, Park Drive, Maldon

·                 Agenda Item 7: FUL/MAL/18/01457 – Unit 4, Promenade Park, Park Drive, Maldon

·                 Agenda Item 10: FUL/MAL/18/01516 – Land Rear of 63 High Street, Maldon

Councillor Mrs P A Channer declared a non-pecuniary interest in the following Agenda Items as a Member of Essex County Council who were normally consulted on highway matters.

·                 Agenda Item 6: FUL/MAL/18/01264 – Madison Heights, Park Drive, Maldon

·                 Agenda Item 7: FUL/MAL/18/01457 – Unit 4, Promenade Park, Park Drive, Maldon

·                 Agenda Item 8: ADV/MAL/18/01473 – The Promenade Park, Park Drive, Maldon

·                 Agenda Item 9 - FUL/MAL/18/01503 – Beacon House, 36 Acacia Drive, Maldon

·                 Agenda Item 10: FUL/MAL/18/01516 – Land Rear of 63 High Street, Maldon

In relation to Agenda Item 5: LBC/MAL/17/00763 AND FUL/MAL/17/00764 – The Friary, Park Drive, Maldon, Councillor Mrs Channer advised that she would leave the chamber for this item of business as Essex County Council was the applicant and she had a close friend who lived nearby and had objected to the proposal.  She also disclosed a pecuniary interest as a director of ECL which operated from a Essex building nearby.

The Committee received the reports of the Director of Strategy, Performance and Governance 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.

Following her earlier declaration Councillor Mrs P A Channer left the meeting at this point.

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update that Officers had sought to clarify paragraph 3.2.1 and update paragraph 5.3.8 of the report.  An amendment to reason for refusal 1 was also suggested.

When presenting the application, the Development Control Team Leader referred to an email sent to all Members by the applicant the previous day requesting deferral of this application.  The Officer advised that this was a matter for Members to consider.  Members were advised that the applicant had provided further information regarding parking and access but having considered these Officers reported their recommendation as set out in the report remained unchanged.

At this point the Chairman questioned whether Members wished to defer the application and it was agreed that they did not and wished to determine it.

An objector, Ms Judy Lea (speaking on behalf of the Maldon Society and local residents) and the Mr Butler, the Agent then addressed the Committee.

Councillor M R Pearlman, a Ward Member, proposed that the application be refused as per the Officers recommendation.  This proposal was duly seconded and upon a vote being taken was agreed. 

FUL/MAL/17/00764:

RESOLVED that this application be REFUSED for the following reasons:

1          The proposed development, as a result of its layout, scale, mass, height and bulk, unsympathetic design, loss of important landscaping, and excessive site coverage would have an unacceptable visual impact upon the character and appearance of the site, the setting of the listed building at the site and the Conservation Area.  The proposal would be contrived, out of keeping with the prevailing pattern of development and fail to integrate into the surrounding area both physically and visually or achieve a high quality design. Furthermore, the high density of the proposed development does not allow  ...  view the full minutes text for item 880.

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

Members were advised that contrary to the first page of the Officers report there were suggested conditions (detailed at the end of the report) to which this application would be subject if Members were mindful to approve it.

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

The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 

1          The development hereby permitted shall accord with that shown on drawing numbers 568-01, 568-02, 568-03, 568-04, 568-05, 568-06, 568-07 and 568-08

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

No development shall commence, other than where necessary to carry out additional investigation, until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been submitted to and approved in writing by the local planning authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures.

The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. The development hereby permitted shall not commence until the measures set out in the approved scheme have been implemented, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority may give approval for the commencement of development prior to the completion of the remedial

3          measures when it is deemed necessary to do so in order to complete the agreed remediation scheme. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

This shall be conducted in accordance with the Essex Contaminated Land Consortium's 'Land Affected by Contamination: Technical Guidance for Applicants and Developers' and DEFRA and the Environment Agency's ‘Model Procedures for the Management of Land Contamination, CLR 11'. The development hereby permitted shall not commence until the measures set out in the approved report have been implemented.

4          The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness  ...  view the full minutes text for item 881.

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update that a further letter of objection had been received.

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 following documents: ATS/522/11, ATS/522/12, ATS/522/13, ATS/522/14.

3          The use hereby permitted shall only be undertaken between 10:00 hours and 18:00 hours on Monday to Sunday.

4          Deliveries to and collections 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.

5          No goods, materials, plant, machinery, skips, containers, packaging or other similar items shall be stored or kept outside of the building.

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

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

In response to a question, the Development Control Team Leader advised that providing the sign was advertising Council events no permission as required.  This application sought permission to advertise non-council operations and therefore advertising consent was required.

A debate ensued and a number of concerns were raised particularly about the Council advertising and promoting non-Council events / operations.  The consultation response from the Conservation Officer was also highlighted.

Councillor S J Savage, a Ward Member, proposed that the application be refused, contrary to the Officers’ recommendation.  This proposal was duly seconded.  Considering the proposed refusal the Chairman sought a reason for refusal.  Having listened to the debate the Development Control Team Leader suggested that the reason could relate to the advert having a harmful impact on the character and appearance of the heritage asset to the detriment of the heritage asset.  This was duly agreed by Members. 

The Chairman then put the proposal in the name of Councillor Savage and upon a vote being taken this was agreed.

RESOLVED that Advertisement Consent be REFUSED for the following reason:

1          The proposed development would not cause harm to the character and appearance of the area and is acceptable in all other respects.  The proposal is therefore in accordance with the policies of the Maldon District Local Development Plan.

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

Following the Officers’ presentation, the Applicant, Mr Grimwade addressed the Committee.

Councillor Mrs N G F Shaughnessy, a Ward Member, supported the application referring to the proposed use of the extension and how it was not overlooking neighbours.  She referred to the proposal not being overbearing and asked Members to consider supporting the application.

In response to a question, the Development Control Team Leader clarified that reference in the reason for refusal to ‘consider to cause harm’ related to the extension being considered to be a disproportionate addition in a prominent position as it was close to the junction.

Other Members spoke in support of the application referencing a similar application in Goldhanger Road, Heybridge.  A Member requested that should Members be mindful to approve that consideration be given to adding a condition to ensure that the extension was not separated from the main dwelling.  Councillor M S Heard, the other Ward Member, supported the application, outlining some of the changes that had been made to the application and advised that he supported the proposal of Councillor Mrs Shaughnessy. 

The Development Control Team Leader highlighted several conditions which should be considered if Members were mindful to approve the application.  The Officer advised that to be used a separate dwelling would require planning permission and therefore he did not feel there was need for a separate condition regarding this.  He suggested that the reason for approval could relate to the character and appearance of the extension being acceptable and there being no harmful impact in any other way.  Upon a vote being taken the application was approved, contrary to the Officers recommendation and subject to the suggested conditions and reason for approval.

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 accordance with the following approved plans: 3260.01, 3262.03A, 3262.04A.

3                 The materials used in the construction of the proposed development hereby approved shall be as set out within the application form/plans hereby approved.

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update that a consultation response had been received from Essex County Archaeology.

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 accordance with the following approved plans and documents: drawing 1 rev.A

3          The development hereby permitted shall only be used in association with the garden area and for those purposes incidental to the enjoyment of residents of 63 High Street and not for any other purpose including commercial or business purpose.

4          All loading / unloading / reception and storage of building materials and the manoeuvring of all vehicles, including construction traffic shall be undertaken within the application site, clear of the public highway.

5          No development shall take place until details have been submitted and approved in writing by the Local Planning Authority in accordance with the requirements of BS5837:2012 in relation to tree retention and protection as follows:

·   Tree survey detailing works required;

·   Trees to be retained;

·   Tree retention protection plan;

·   Tree constraints plan;

·   Arboricultural implication assessment;

·   Arboricultural method statement (including drainage service runs, construction of hard surfaces, protective fencing and ground protection). 

The development shall be carried-out in accordance with the approved details. 

6          No development shall take place above slab level until samples of the external materials to be used in the construction of the cart lodge have been submitted to and approved in writing by the local planning authority.  The development shall be carried-out in accordance with the approved details.

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

In response to questions, the Development Control Team Leader advised that the Tree Preservation Order (TPO) had been served in response to an application to undertake works to the tree and following consultation with the Tree Officer it had been deemed appropriate action.

Members discussed the report and several concerns were raised regarding the proximity of the tree to the adjacent dwelling, including possible root damage.  Councillor Rev. A E J Shrimpton proposed that the Tree Preservation Order not be confirmed, contrary to Officers’ recommendation.  This proposal was duly seconded and upon a vote being taken agreed.

RESOLVED that Tree Preservation Order 12 / 18 NOT be CONFIRMED.