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 24 September 2025 , (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 24 September 2025 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).

Councillor J R Burrell-Cook declared that they knew the applicant for Agenda item 5 – 25/00605/FUL Land Adjacent Heybridge House Industrial Estate, Bates Road, Maldon.

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

Prior to the meeting a Members’ Update was circulated with additional proposed condition.

The Officer presented their report. Following this an Objector Liam Webb and the Applicant Robert Smith addressed the Committee.

The Officer then answered some initial queries about the report stating that the trigger points for the plans was two months not two years as stated in the presentation. Also, the reference to the proposed building in paragraph 3.1.2 of the report was an error and there were no proposed buildings for this site within the application.

Following this Members discussed concerns over the sustainability of the site regarding flooding, noise mitigation for nearby residential dwellings and the anchorage of the bins and skips on site. The Officer responded that whilst this site was in a flood risk zone that there was anchorage already for the bins and the application included additional anchorage, the Committee could also include an additional condition to require the details of the anchorage to be reviewed before it goes ahead. The Officer then highlighted that no issues had been raised by the Environmental Health officer in regard to noise mitigations and confirmed that the site would be solely used for storage.

Councillor J Driver then proposed to approve the application. This proposal was duly seconded. Upon a vote being taken there was an equality of votes and the Chairperson exercised her casting vote against the proposal.

A discussion then ensued regarding invoking the Constitutional Brake Clause and the Planning Officer provided further clarification to the Committee.

Following further discussion, the Chairperson advised that as the Committee was minded to refusethe application, contrary to Officers’ recommendation, the Constitutional Brake Clause would be applied and consideration of this application deferred. Members discussed possible reasons for refusal and reasons relating to  flood risk, noise mitigation and residential amenity were raised.

RESOLVED that the Constitutional Brake Clause be applied, and consideration of this application is therefore DEFERRED to the next meeting of the Central Area Planning Committee.

Councillor A M Lay left the meeting at this point and did not return.

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

Following the Officers presentation, Councllor S J Burwood proposed that the Committee accepts the Officers recommendation to approve this application, this was duly seconded.

Members then complimented the Officers who worked on this application.

The Chairperson then put the proposal to approve the application to the Committee and the proposal was duly 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 in accordance with the approved plans and documents as shown on the decision notice. 

3          The materials used in the development hereby approved shall be as set out within the supporting documentation submitted with the application, including the Design and Access Statement and Seating Plan. 

4.         The trees and hedges identified for retention on the approved plan drawing number(s) TPP01 which is attached to and forms part of this permission shall be protected during the course of the development. The trees and/or hedges shall be protected by measures which accord with British Standard 5837:2012 (Trees in Relation to Construction). The protective fencing and ground protection shall be erected before the commencement of any clearing, demolition and building operations and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Within the fenced protection zone(s) no materials shall be stored, no rubbish dumped, no fires lit and no buildings erected inside the fence, nor shall any change in ground level be made within the fenced area unless otherwise first agreed in writing by the local planning authority. If within five years from the completion of the development a tree or hedge shown to be retained is removed, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, a replacement shall be planted within the site of such species and size, and shall be planted at such time, as specified in writing by the local planning authority. 

5.         Full details of any fences and gates, together with details of soft landscaping including the timing of planting, shall be submitted to and approved in writing by the local planning authority prior to any works occurring above ground level at the application site. 

6.         If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority  ...  view the full minutes text for item 321.