Agenda and minutes

The Chairperson welcomed everyone in attendance and went through some general housekeeping arrangements for the meeting.

An apology for absence was received from Councillor A M Lay.

To confirm the Minutes of the meeting of the Committee held on 5 July 2023, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 5 July 2023 be approved and confirmed.

To disclose the existence and nature of any Disclosable Pecuniary Interests, Other Registrable interests and Non-Registrable Interests relating to items of business on the agenda having regard to paragraph 9 and Appendix B 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 K Jennings, N G F Shaughnessy and J C Stilts declared a non-pecuniary interest as they knew the applicant.

Councillor P L Spenceley also declared a non-pecuniary interest as she knew the applicant as a fellow trustee of the Maldon Festival.

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

Following the Officer’s presentation the Agent, Mr Tim Farley addressed the Committee. The Chairperson then opened the discussion inviting any questions or comments on the report.

A debate ensued around the positive impact on tourism, the generation of employment, that marketing was sufficient given the constraints of COVID and that there were eight other osteopaths within a five mile radius, therefore, change of use was not an issue. Officers advised that the reason for refusal related to Policy E3, namely the former osteopath was a community use. There was no objection to the proposed holiday let per se, however, the loss of the existing community use was why the Officer recommendation was for refusal as this was not policy compliant. Specifically, it was felt that the marketing carried-out was insufficient.

At this point Councillor N R Miller proposed that the application be approved contrary to the Officer’s recommendation and this was seconded by Councillor J C Stilts. The Chairperson clarified that the proposal was accepted based on a Unilateral Undertaking (UU) in respect of Essex Coast Recreational Avoidance and Mitigation Strategy, (Essex RAMS). This was seconded by Councillor J C Stilts.

The Chairperson then put the proposal to approve the application subject to completion of the above mentioned UU with conditions (to include a requirement that the property remains as a holiday let), delegated to Officers in consultation with the Chairperson and this was unanimously agreed.

RESOLVED that the application be APPROVED subject to conditions delegated to Officers in consultation with the Chairperson and completion of a Unilateral Undertaking.

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

Following the Officer’s presentation, the Agent, Mr Tim Farley addressed the Committee. The Chairperson then opened the discussion.  

Councillor J C Stills proposed that the application be approved contrary to the Officer’s recommendation to include conditions requiring details of noise mitigation measures together with a Unilateral Undertaking in respect of Essex RAMS. This was seconded by Councillor K Jennings. Officers advised that the delegated conditions would include a requirement that the property remains as a holiday let.

The Chairperson put the proposal to approve, subject to the above mentioned condition and other delegated conditions agreed in consultation with the Chairperson, together with completion of a Unilateral Undertaking in respect of RAMS and it was unanimously agreed.

RESOLVED that the application be APPROVED subject to conditions delegated to Officers in consultation with the Chairperson and completion of a Unilateral Undertaking.

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

Following the Officer’s presentation the Agent, Mr Tim Farley addressed the Committee. The Chairperson then opened the discussion.

Councillor K M H Lagan opened the discussion by noting that the Specialist – Heritage and Conservation’s concerns regarding the secondary double glazing proposed had been addressed. Officers advised that it would be necessary to impose a condition requiring details of the air conditioning units referenced in the application. Councillor K M H Lagan then proposed that listed building consent be granted contrary to Officers’ recommendation with all conditions delegated to Officers in consultation with the Chairperson. This was seconded by Councillor N D Spenceley.

There being no further discussion the Chairperson put the proposal to grant building consent and this was unanimously agreed.

RESOLVED to GRANT Listed Building Consent with conditions delegated to Officers in consultation with the Chairperson.