Agenda and minutes

The Chairman welcomed everyone present and went through some general housekeeping arrangements for the meeting.

Apologies for absence were received from Councillors M S Heard and B B Heubner.

To confirm the Minutes of the meeting of the Committee held on 1 July 2021, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 1 July 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 S P Nunn referred to Agenda Item 8 21/00/297/HOUSE & 21/00298/LBC – Joshua, 4 Silver Street, Maldon, Essex and how following a suggestion from a resident that he had an interest in this item of business he had sought advice from the Monitoring Officer.  He declared in the interest of transparency that he was acquainted with the applicant.

Councillor K M H Lagan disclosed a non-pecuniary interest in Agenda Item 5 21/00269/FUL – McDonald’s, Fullbridge, Essex, CM9 4LE as he had eaten at the restaurant.

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

Following a request from the Chairman it was agreed that the order of business would be amended and this application considered first.

The Chairman proposed that the application be deferred.  He referred to how the recommendation detailed in the Officers’ report had been updated through the Members’ Update (circulated the day before this meeting) and felt that it was unfair for the applicant to receive such late information.  The Chairman explained that he therefore wanted to defer consideration of this application to the next meeting of this Committee to allow time for the applicants to resolve the issue that was raised.  This proposal was duly seconded.

The Lead Specialist: Development Management explained to the Committee the reason behind Officers’ change of recommendation which related to unresolved parking bay sizes and lorry parking issues, as set out on the Members’ Update.  It was noted that applicant was willing to seek a resolution to the issues raised.

The Chairman then put the proposal to the Committee and this was duly agreed.

RESOLVED that this application be DEFERRED to the next meeting of the Central Area Planning Committee.

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

Members were reminded that planning permission, which included two drive thru lanes, had been granted in 2016 with some elements already carried out on the site. 

During the debate that ensued a number of concerns were raised by Members, these included potential increase in traffic around the site, the proposed cladding, car parking and the site being in a flood zone.

Councillor C Morris proposed that the application be refused, contrary to Officers recommendation, for reasons relating to lack of car parking and flood.  This proposal was duly seconded.  Upon a vote being taken the motion was declared lost.

In accordance with Procedure Rule No. 13 (3) Councillor C Morris requested a recorded vote. 

Councillor C Swain proposed that the Officers’ recommendation of approval be agreed.  This proposal was duly seconded, and the voting was as follows:

For the recommendation:

Councillors K M H Lagan, S P Nunn, Mrs J C Stilts and C Swain.

Against the recommendation:

Councillors Miss A M Beale, C Mayes, C Morris and N G F Shaughnessy.

Abstention:

Councillor M R Edwards.

There being an equality of votes the Chairman exercised his casting vote in support of the proposal.

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 approved drawings specifically referenced on this decision notice.

·   19507_763_01

·   19507_763_03

·   19507_763_05 REV.C

·   19507_763_06 REV.B

·   19507_763_50 REV.D

·   19507_763_300 REV.D

3.         The external surfaces and fenestration of the development hereby approved shall be constructed of materials and finish as detailed within the application form and retained as such thereafter.

4.         The measures for securing the resilience of the development against the effects of a flood event contained within the flood resilience and resistance statement which was submitted as part of the planning application and forms part of this permission, shall be fully implemented and put in place prior to the first use of the development and retained as such thereafter.

5.         No development shall take place, including any ground works or demolition, until a construction management plan has been submitted to, and approved in writing by, the local planning authority.  ...  view the full minutes text for item 177.

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

Councillor C Morris proposed that the application be refused, contrary to Officers’ recommendation for reasons relating to highways and for being intrusive and incongruous.  This proposal was duly seconded.

Following advice from the Lead Specialist – Development Management, the reasons for refusal were amended to be that the signage proposed was visually intrusive causing harm to the area.

In accordance with Procedure Rule No. 13 (3) Councillor C Morris requested a recorded vote. 

The Chairman put the proposal in the name of Councillor Morris to the Committee and the voting was as follows:

For the recommendation:

Councillors C Mayes, C Morris and Mrs J C Stilts.

Against the recommendation:

Councillors Miss A M Beale, S P Nunn and C Swain.

Abstention:

Councillors M R Edwards, K M H Lagan and N G F Shaughnessy.

There being an equality of votes the Chairman exercised his casting vote against the proposal.  The motion was therefore declared lost.

Councillor C Swain proposed that advertisement consent be granted in accordance with the Officers recommendation.  This proposal was duly seconded and the voting was as follows:

For the recommendation:

Councillors Miss A M Beale, S P Nunn and C Swain.

Against the recommendation:

Councillors K M H Lagan, C Mayes, C Morris and Mrs J C Stilts.

Abstention:

Councillors M R Edwards and N G F Shaughnessy.

The motion was therefore declared lost.

Following some discussion, Councillor Morris proposed that determination of this application be deferred to the District Planning Committee.  This proposal was duly seconded, and the voting was as follows:

For the recommendation:

Councillors Miss A M Beale, K M H Lagan, C Mayes, C Morris, N G F Shaughnessy and Mrs J C Stilts.

Against the recommendation:

Councillor S P Nunn.

Abstention:

Councillors M R Edwards and C Swain.

RESOLVED that this application be DEFERRED to the DISTRICT PLANNING COMMITTEE for determination.

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

Councillor C Morris proposed that this application be deferred to the District Planning Committee for determination.  This proposal was duly seconded.

In response to a question from the Chairman, the Officer advised that the advertisements proposed were associated with the proposal the subject of application 21/00269/FUL which the Committee had resolved to grant planning permission for earlier at this meeting. 

Following further discussion and in accordance with Procedure Rule No. 13 (3) Councillor C Morris requested a recorded vote. 

The Chairman then put the proposal in the name of Councillor Morris to the Committee and the voting was as follows:

For the recommendation:

Councillors C Mayes and C Morris.

Against the recommendation:

Councillors K M H Lagan, S P Nunn, Mrs J C Stilts and C Swain.

Abstention:

Councillors Miss A M Beale, M R Edwards and N G F Shaughnessy.

The motion was declared lost.

Councillor Mrs Stilts proposed that the application be refused, contrary to Officers’ recommendation for reasons of visual clutter and overdevelopment of the advertisement sites.  This proposal was duly seconded and upon a vote being taken the voting was as follows:

For the recommendation:

Councillors M R Edwards, C Mayes, C Morris, N G F Shaughnessy and Mrs J C Stilts.

Against the recommendation:

Councillors K M H Lagan, S P Nunn and C Swain.

Abstention:

Councillor Miss A M Beale.

RESOLVED that this application be REFUSED for the following reason

1.         As a result of the number and size of the advertisements proposed and the limited size of the application site, the proposal would result in visual clutter and an excess of advertisements on this site, thereby harming the character and appearance of the site and the surrounding area contrary to Policies D1 and D6 of the approved Maldon District Local Development Plan.

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

It was noted from the Members’ Update that an additional condition to application 21/0097/HOUSE was proposed.

Following the Officers’ representation an objector, Mrs Wood and a supporter, Mr Smye (on behalf of the Maldon Society) addressed the Committee.

Councillor C Morris proposed that the application be deferred to allow for a site visit to take place, referring to the number of letters of objection received.  This proposal was duly seconded.  The Lead Specialist – Development Management advised that whilst a site visit could be requested consideration would be required to ensure the site visit was within safety regulations etc.

During the debate that followed a number of Members raised questions and some concern regarding aspects of the proposed development and its impact on the listed building and surrounding area. 

Councillor Morris repeated his earlier proposal for a site visit referring to it being a finely balanced decision and a site visit would aid this.  The reason for the site visit was agreed that there were certain aspects of the proposal which give concern regarding possible damage to the status of the Grade 2* listed building.

In accordance with Procedure Rule No. 13 (3) Councillor C Morris requested a recorded vote. 

The Chairman put the proposal in the name of Councillor Morris to the Committee and the voting was as follows:

For the recommendation:

Councillors Miss A M Beale, M R Edwards, C Mayes, C Morris, N G F Shaughnessy and C Swain.

Against the recommendation:

Councillors K M H Lagan and S P Nunn.

Abstention:

Councillor Mrs J C Stilts.

RESOLVED that determination of applications 21/00297/HOUSE and 21/00298/LBC be DEFERRED pending a site visit.