Agenda and draft minutes

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

There were none.

To confirm the Minutes of the meeting of the Committee held on 29 May 2024, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 29 May 2024 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).

There were none.

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation, the Chairperson opened the floor for debate.

There followed a brief discussion by Members regarding the lack of sufficient amenity space and the impact the proposed development would have on privacy for neighbouring residential flats and businesses.

Councillor J C Stilts proposed to refuse the application in accordance with the Officer’s recommendation, which was duly seconded.

There being no further discussion, the Chairperson put the proposal to the Committee and upon a vote being taken this was agreed.

RESOLVED That the application is REFUSED for the following reasons:

1          The proposed development, as a result of the size and shape of the application site and the ‘backland’ context of the site, would appear cramped and contrived and out of keeping with its surroundings to the detriment of the character and appearance of the area, contrary to Policies S1, D1 and H4 of the Maldon District Local Development Plan and Government guidance as contained within the National Planning Policy Framework.

2          The proposed development would not provide an adequate quality of life for the occupiers of the proposed dwelling as a result of a lack of sufficient amenity space of an adequate quality, poor outlook and natural light.  This would be contrary to Policies S1, D1 and H4 of the approved Maldon District Local Development Plan and Government guidance as contained within the National Planning Policy Framework.

3          The proposed development would result in a loss of privacy for neighbouring residential flats as a result of the design, layout and proximity of the proposed dwelling. This would be contrary to Policies S1, D1 and H4 of the approved Maldon District Local Development Plan and Government guidance as contained within the National Planning Policy Framework.

4          In the absence of a completed legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, the necessary financial contribution towards Essex Coast Recreational disturbance Avoidance and Mitigation Strategy has not been secured. As a result, the development would have an adverse impact on the European designated nature conservation sites, contrary to Policies S1, D1, N1 and N2 of the approved Maldon District Local Development Plan and Government guidance as contained within the National Planning Policy Framework.

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update that since the agenda had been published, inconsistent numbering of paragraphs between pages 48 – 49 had been discovered and corrected within the Update. Further responses had been received from the Lead Local Flood Authority (LLFA,) and additional information considered regarding trees. Having regard to these further considerations, reasons for refusal 3 and 4 fall away and no longer form part of the Officer’s recommendation. Additional. representations objecting to the scheme were also received from interested parties.

During the officer’s presentation, the appeal history of the site was explained, clarifying that although the previous planning application was refused, the Listed Building Consent was approved by the Inspector. In this respect, the current Listed Building Application relates only to matters of detail that followed on from the previous appeal decision, and those matters of detail were found to be acceptable under the current application.

Following the Officer’s presentation, Miss Holloway, a Supporter and Mr Metson, the Agent, addressed the Committee. The Chairperson made the Committee aware that the Principal Conservation & Heritage Officer was present in the Chamber and he was available to answers Members’ questions relating to this item. The Chairperson then opened the floor for debate.

Councillor K M H Lagan and S J Burwood declared that their wives worked for adult community learning providers and supported learners came there for classes.

Councillor J C Stilts declared that she had previously worked at the Friary at one point. 

A debate ensued where Members aired their disappointment with the quality of design, size and siting of the proposed development. 

In response to queries raised by Members’, the Principal Conservation & Heritage Officer advised that the stability of the Friary wall was raised with the previous scheme and a structural engineer was consulted and was satisfied that the development was far enough away to avoid any harm to the structure. In  ...  view the full minutes text for item 246.

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation, the Chairperson opened the floor for debate.

Following a brief discussion, the Chairperson moved the Officer’s recommendation as set out in the report which was duly seconded and upon a vote being taken this was agreed.

RESOLVED that the Tree Preservation Order be CONFIRMED without any modifications.