Agenda and minutes

The Chairman welcomed all present and took the Committee through some housekeeping arrangements for the meeting.

There were none.

To confirm the Minutes of the meeting of the Committee held on 21 April 2021, (copy enclosed).

RESOLVED by assent that the Minutes of the meeting of the Committee held on 21 April 2021 be approved and 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 7. 21/00249/FUL- Park Drive Fitness And Squash Club, Park Drive, Maldon as he was a member of the club and Agenda Item 8. 21/00314/FUL -The Promenade Park, Park Drive, Maldon as he was acquainted with the applicant.

Councillor C Mayes declared a non-pecuniary interest in Agenda Items 7 and 8 as she was acquainted with the applicants.

Councillor K M H Lagan declared a non-pecuniary interest in all items on the agenda as follows:-

·        Agenda Item 5. 21/00230/HOUSE - 87 Fambridge Road, Maldon, Essex, CM9 6BQ as he lived on the road and was acquainted with the River Bailiff.

·        Agenda Item 6. 21/00238/HOUSE - 4 Shakespeare Drive, Maldon, CM9 6DRas he had consulted with residents regarding bus routes and a relative lived on the road.

·        Agenda Item 7. 21/00249/FUL- Park Drive Fitness And Squash Club, Park Drive, Maldon as he was a former member of the club.

·        Agenda Item 8. 21/00314/FUL-The Promenade Park, Park Drive, Maldon as he had spoken on this item previously as an Independent Member of Maldon Town Council.

Councillor J C Stilts declared a non-pecuniary interest on all agenda items as follows:-

·        Agenda Item 5. 21/00230/HOUSE - 87 Fambridge Road, Maldon, Essex, CM9 6BQ as she knew the applicant.

·        Agenda Item 6. 21/00238/HOUSE - 4 Shakespeare Drive, Maldon, CM9 6DRas she had consulted with residents.

·        Agenda Item 7. 21/00249/FUL- Park Drive Fitness And Squash Club, Park Drive, Maldon as she was a member of the club.

·        Agenda Item 8. 21/00314/FUL-The Promenade Park, Park Drive, Maldon as she knew the applicant.

Councillor S P Nunn declared a non-pecuniary interest in Agenda Items 5,7 and 8 as he was acquainted with the applicants.

Councillor M S Heard declared a non-pecuniary interest in Agenda Items 5 and 8 as he knew the applicants.

Councillor M R Edwards declared a non-pecuniary interest in Agenda Item 8 as he was acquainted with the applicant.

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation, the Chairman opened the debate.

Councillor Morris, referring to the report, said that he believed the Officers had

got it correct and proposed that the Officer’s recommendation be approved. This was

seconded by Councillor Lagan.

There being no further discussion the Chairman put Councillor Morris’ proposal

to approve the application in accordance with the Officer’s recommendation to the

Committee and it was 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 and retained in accordance with the following approved plans and documents: HARMER/01/A, HARMER/02, HARMER/03-PA, HARMER/04-PA Rev D, HARMER/05

3                 Notwithstanding the details submitted with the application, the materials used in the windows and doors shall match those used in the host dwelling. All other materials shall be as set out the application form/plans hereby approved.

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation, the Chairman opened the debate.

In response to a query regarding the reason for the call-in Councillor Stilts advised

that this related to concerns regarding the wellbeing of the occupant of the annexe due to the bulk and scale of the proposed development.

Councillor Morris said he was mindful to approve the Officer’s recommendation. A brief debate ensued around the potential dominant nature of the development on the neighbouring property. However, the general consensus was that it did not dominate. The Lead Specialist Place advised that there was no demonstrable harm in that regard.

Councillor Heard said that having looked at the plans he would second Councillor Morris’ proposal.

There being no further discussion the Chairman put Councillor Morris’ proposal to approve the application in accordance with the Officer’s recommendation to the Committee and it was 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 and retained in accordance with the following approved plans and documents: 1135 01, 1135 02B.

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

4.     Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted) Order 2015 (or any Order amending, revoking or re-enacting that Order) no window or other form of opening shall be constructed in the eastern side elevation of the development hereby permitted without planning permission having been obtained from the local planning authority.

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation, the Chairman opened the debate. Councillor  Morris proposed that the Officer’s recommendation be supported and this was seconded by Councillor Nunn.

There was general support for the application as it promoted a fit and healthy lifestyle which was of benefit to all residents. A brief debate ensued regarding the design as Members wished to ensure that no sides be included in the structure, without planning permission. The Lead Specialist Place confirmed that this could be conditioned and Councillor Swain proposed that this condition, which would be delegated to Officers in consultation with the Chairman, be included in the final approval. This was seconded by Councillor Stilts.

The Chairman then put Councillor Morris’ proposal to approve the Officer’s recommendation, subject to the conditions in the Officer’s report and the additional delegated condition to the Committee, and it was agreed.

RESOLVED that the application be APPROVED subject to all conditions as discussed:

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:

2285-01 rev.B

2285-02 rev.C

2285-BP1 rev.A

2285-06 rev.A

2285-04

2285-05

2285-07 rev.A

2285-03

Lighting report

Specifications for cover.

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

4                 No form of external illumination shall be provided other than in accordance with the details hereby approved (including the luminance and spread of light; and the design, position and specification of the light fittings). The external illumination shall be retained in accordance with the approved details.

5                 The existing and additional court 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.

6.         The sides of the all-weather cover to the existing padel courts hereby approved shall not be partially or wholly infilled or enclosed.

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation, the Applicant, Mr Salisbury, addressed the  Committee. The Chairman then opened the debate.

Councillor Morris, addressing the Officer’s report, said that the public seating shelter had been closed for too many years, it was in a state of disrepair, not an attractive place to sit and an improved replacement would better serve residents. For these reasons he proposed that the application be approved in accordance with the Officer’s recommendation.

Councillor Heard said he wholeheartedly supported the proposal as the existing structure had no architectural merit and attracted anti-social behaviour. At this point Councillor Mayes seconded Councillor Morris’  proposal.

Councillor Lagan expressed concerns regarding the application. He felt strongly that the existing structure was a unique community asset that provided disabled access and that anti-social behaviour was endemic, not just in this location. He said it should be rejected as it contravened Policy E3 of the Local Development Plan and there was already enough fixed assets in the location. Councillor Swain also did not favour the application as it promoted a piecemeal approach to kiosks in the park as opposed to an overall plan.

The Lead Specialist Place reminded members that although the issues raised had merit they were not material planning considerations. It was further noted that the Conservation Officer had raised no objection to the application.

The Chairman moved Councillor Morris’ proposal to approve the application in accordance with the Officer’s recommendation and Councillor Lagan requested a recorded vote.

The Chairman then put Councillor Morris’ proposal to the Committee and the results of the recorded vote were as follows:-

For the Recommendation

Councillors  A M Beale, M R Edwards, M S Heard, B B Heubner, C Mayes, C Morris, and S P Nunn.

Against the Recommendation

K M H Lagan, N G F Shaughnessy, J C Stilts and C Swain.

Abstentions

None

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: DR01; DR02; DR04; Design and Access Statement dated March 2021

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

4.         The development hereby permitted shall only be open to the public between 08:30 hours and 17:30 hours Monday-Sunday inclusive, including Public Holidays.

5.         No development works shall occur above ground level until details of the  ...  view the full minutes text for item 75.