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 S N Nunn and K M H Lagan.

To confirm the Minutes of the meeting of the Committee held on 26 June 2019 (copy enclosed).

Minute No. 193 - FUL/MAL/19/00425 - Land Adjacent 53 Orchard Road, Maldon

Councillor C Morris disagreed with Minute 193 - FUL/MAL/19/00425 - Land Adjacent 53 Orchard Road, Maldon, as there had not been sufficient time allowed for his proposal to be seconded. 

The Chairman advised that the item had been recorded accurately, but Councillor Morris’s comments would be noted.

RESOLVED

(i)              that subject to the above amendment the Minutes of the meeting of the Committee held on 26 June 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).

Councillor C Morris declared a non-pecuniary interest in Agenda Item 5, FUL/MAL/19/00044 - The Old Ship, Lock Hill, Heybridge Basin, Essex, as he had occasionally frequented the premises as a customer.

Councillor P A Channer declared a non-pecuniary interest in all items on the agenda as she was a member of Essex County Council, a consultee on planning application matters with respect generally, to highways, matters of access and education primarily.

Councillor M S Heard declared a non-pecuniary interest in Agenda Item 6, HOUSE/MAL/19/00688 - 94 Dorset Road, Maldon, as he had previously been contacted by the Applicant and discussed the process within the Chamber, but not the application.

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

The Officer presented their report to the Committee, noting the Members’ Update which advised that the Parish Council had, at time of going to print, made no comment regarding the application. 

Following the Officer’s presentation, Mr David Brock, an Objector, Councillor Miriam Lewis, representing Heybridge Parish Council, and Mr Tony Cooper, on behalf of the Applicant, addressed the Committee.

Councillor B E Harker opened the discussions, making comment on how the prospective benches situated in front of the neighbouring cottages would be intrusive,  the proximity would be harmful to their amenities and that the application contradicted Section 22 of the Building and Conservation Act 1990 as the cottages were considered a local heritage asset.  Councillor Harker then proposed that the application was refused, contrary to the officer’s recommendation, for the aforementioned reasons, and this was duly seconded.

The subsequent discussion raised queries as to whether the Village Design Statement had been considered and whether the Conservation Officer had provided any comments.

In response to questions from the Committee, the Lead Specialist Place confirmed that, as the benches were to be a static feature, they required planning permission and if the terrain they were sited on was to be converted to hard standing a separate application would be required.

Councillor C Morris proposed that the application be approved in accordance with the officer’s recommendation, as there was a business need to provide additional seating and were the benches removed of an evening no planning permission would be required.  This was duly seconded.

Members reviewed the application with consideration made to comments provided by Conservation Officer, which had not been included in the table at Section 7 of the report. The Lead Specialist Place advised that the report could contain errors where this information had previously been omitted.  In light of this, Councillor M S Heard proposed that the application be deferred to allow Officers the opportunity to review the report with the inclusion of the Conservation Officer’s comments as this could change the Officer’s recommendation.  This was duly seconded.

Councillor M S Heard put the initial proposal of refusal, contrary to the Officer’s recommendation, to the Committee, and upon a vote being taken the application was refused.

RESOLVED that the application be REFUSED for the following reason:

The change of use of the grass area to the front of The Old Ship Public House and No.1, 2 and 3 Lock Hill harms the appearance and character of the conservation area, which is a local heritage asset and will have a detrimental impact on  ...  view the full minutes text for item 282.

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

The Officer presented their report to the Committee, making reference to the Members’ Update which provided confirmation that no amendments had been made when compared to the previous application, that a supporting statement had been received, and additional information on the design and impact on the character of the area was provided.  It was noted that a further representation had been received from Maldon Town Council who recommended approval of the application.

Following the Officer’s presentation, Councillor Andrew Lay, representing Maldon Town Council, and Mrs Nina Wallis, the Applicant, addressed the Committee.

Councillor F G S Shaughnessy opened the discussion, acknowledging that the application had mirrored the design of the neighbouring property in compliment to the streetscene.  Councillor Shaughnessy then made a proposal that the application be approved, contrary to the Officer’s recommendation, and this was duly seconded.

The Committee discussed the scale and bulk of the proposed extension, exploring whether there would be a loss of amenities to neighbouring properties and noting that a previous application had been deferred to Officers for decision.

The Chairman put the proposal of approval, contrary to the Officer’s recommendation, to the Committee, and upon a vote being taken the application was approved.

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.

REASON: To comply with Section 91(1) The Town & Country Planning Act 1990 (as amended).

2.     The development hereby permitted shall be carried out in accordance with the following approved plans and documents: AT-1113 003, AT-1113 001, AT-1113 002 Rev D

REASON: To ensure that the development is carried out in accordance with the details as approved.

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

REASON: In the interest of the character and appearance of the area in accordance with policy D1 of the approved Local Development Plan and guidance contained within the National Planning Policy Framework.