Agenda and minutes

The Chairman drew attention to the list of notices published on the back of the agenda.

An apology for absence was received from Councillor I E Dobson.

To confirm the Minutes of the meeting of the Committee held on 22 March2017, (copy enclosed).

RESOLVED

(i)                 that the Minutes of the meeting of the Committee held on 22 March 2017 be received;

Councillor Mrs P A Channer, CC was shown as being present as a Member of the Committee, however, she should have been recorded as being present as an Ex-Officio Non-Voting Member.

Minute Number 1107 – FUL/MAL/16/01513 – CAR PARK, COUNCIL OFFICES, PRINCES ROAD, MALDON

Some Members understood that a training session on EIA would be arranged and Officers were requested to look in to this.

Minute Number 1109 – FUL/MAL/17/00074 – TESCO, FULLBRIDGE, CM9 4LE

The word “than” in the final line of the second paragraph should be deleted.

Members discussed various references to S106 Agreements on this application and requested that the Minutes of this meeting be deferred and requested that the Chairman and Vice-Chairman discuss the content of the Minutes with Officers on this issue.

RESOLVED

(ii)       that approval of the Minutes be deferred until the next meeting of the Central Area Planning Committee so that the Chairman, Vice-Chairman and Officers could look at the Minutes relating to this application and, in particular, discussions around any S106 Agreement.

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 Miss M R Lewis declared a non-pecuniary interest in relation to Agenda Item 5 -  HOUSE/MAL/17/00164 – 75 GOLDHANGER ROAD, HEYBRIDGE, as she knew the Applicant’s family.

Councillor Mrs P A Channer CC declared a non-pecuniary interest as she was also a Member of Essex County Council who was consulted on education, highways and other matters.

The Committee considered the reports of the Interim Head of Planning Services and determined the following applications taking into account all representations and consultation replies received, including those detailed on the Members’ Update.

To consider the planning application and recommendations of the Interim Head of Planning Services (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation of the report, Mrs Bowyer, the Applicant, addressed the Committee.

The Chairman, a Ward Member, advised Members that he had called this application in.  He was of the opinion that it should be approved due to the special circumstances of the Applicant’s family which he understood to be a material consideration.  The Chairman then proposed that this application be approved contrary to the Officers’ recommendation.

Members considered that the proposed front elevation was an improvement to the existing elevation and would not be detrimental to the street scene.  The houses on Goldhanger Road were set well back from the road and many of them had installed porches etc. and any impact from the proposed extension would be minimal.

The Group Manager for Planning Services advised Members that the reasons for refusal should be considered in relation to the impact on the character of the area and the design.  If Members were minded to approve this application, then design could be used as a reason for the overturn.

The Group Manager for Planning Services then provided some clarity on what was meant by special circumstances.  The circumstances must be very special circumstances and there was case law that supported this.  Although the Applicant had provided a letter giving reasons why the front extension was also needed, the letter was lacking in detail.  Members were reminded that they must determine the application in front of them.  If a future application was submitted which gave more detail as to the special circumstances, then it may be considered differently by Officers.

Councillor Miss M R Lewis reiterated her earlier non-pecuniary interest and advised that the family wanted this to be a forever home.  As their child with special needs continues to grow, handling was becoming more challenging which was why installation of a lift was needed along with additional storage space for the growing amount of specialist equipment.    Members were of the opinion that young families should be encouraged to remain in the district and that the application was genuine, supported by the Applicant’s presence at the meeting. 

The proposal to approve this application was then duly seconded and, upon a vote, the motion was unanimously carried.

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 approved drawings:

3                    No development shall take place until written details or samples of all materials to be used in the construction of the external surfaces  ...  view the full minutes text for item 1219.

To consider the planning application and recommendations of the Interim Head of Planning Services (copy enclosed, Members’ Update to be circulated)*.

RESOLVED that this application be APPROVED subject to the following conditions:

1          The development hereby permitted shall begin no later than three years from the date of this decision.

2          The development shall be carried out in accordance with the following approved plans and documents: Drawing Nos Location Plan, Block Plan (2) Elevations & Floor Plan.

3          The external finishes of the proposed building shall be as specified in the “Planning Statement” Document Reference 1609/CMOW/Maldon District Council dated February 2017.

4          The additional residential accommodation/annex hereby approved shall only be occupied and used as ancillary accommodation to the main dwelling known at the time of this decision as 3 Acacia Road, Maldon and shall at no time be subdivided from the curtilage of, or used as an independent unit of residential accommodation separate from, 3 Acacia Road, Maldon.

To consider the report of the Interim Head of Planning Services on the following matters:

(i)                 Appeals Lodged

(ii)               Appeal Decisions

The Committee received the report of the Interim Head of Planning Services, including those on the Members’ Update, detailing the following:

(i)         Appeals Lodged:

Appeal Start Date: 27/03/2017

Application Number: FUL/MAL/16/01218 (APP/X1545/W/17/3169518)

Site: 16 Fambridge Road, Maldon, Essex, CM9 6AF

Proposal: Retrospective - The siting of cake fridges in the front garden.

Appeal by: Miss Deborah Howes

Appeal against: Refusal

Appeal procedure requested: Written Representations