Agenda and minutes

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

An apology for absence was received from Councillor C P Morley.

To confirm the Minutes of the meeting of the Committee held on 16 August 2023 (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 16 August 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).

There were none.

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 since the agenda had been published amendments had been made to the Committee Report regarding Housing Mix and Affordable Housing, further representations from Parish Town Councils and Interested parties had also been received.

Prior to her presentation the Officer provided a verbal update, informing the Committee of a correction to paragraph 5.3.17 of the Members’ Update, stating that where it reads 25% of the entire site will be first homes, it should read 10% of the entire site and 25% of the affordable which equates to five dwellings. She then gave further elaboration on the ownership issues addressed in the MP letter received that had already been addressed in the Members’ Update.

Following the Officers presentation, the Agent, Mr Schmull, an Objector, Mr Kewish and Parish Council representative, Councillor Wardrop addressed the Committee. The Chairperson then opened the floor for debate.

Councillor S J N Morgan proposed to refuse the application contrary to the Officers recommendation as the development would be contrary to polices S1, S8 and D1 of the Maldon District Local Development Plan, this was duly seconded by Councillor S White J C Hughes[1].

A lengthy debate ensued, during which Members commented and raised questions in relation to the application and aired concerns specifically around the affordable housing proposed. In response to the debate, Officers provided the Committee with the following answers:

•           If the applicant were to reduce the current level of affordable housing stated on the application back to ae policy complaint level rather than an over provision, then the application would need to be brought back to Council to be looked at afresh.

•           The previous Inspector stated that this is one of the most sustainable sites within the District for the provision of housing.

•           Regarding Health Care infrastructure, contributions would be provided by the applicant through the planning process and put towards the existing infrastructure.

•           Garden sizes would be addressed at the reserved matters stage and the applicant would be expected to ensure that the garden sizes are acceptable and ensure that 25m back-to-back distances are provided.

•           In relation to the removal of 78 category B trees on the site there have been no concerns raised by the arboricultural consultant. Additional tree planting would  ...  view the full minutes text for item 231.

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

Following the Officers presentation, the Chairperson opened the floor for debate.

A brief debate ensued, where Members debated the reasons for refusal and aired safety concerns around the placement of the current structure and debated if the new proposed structures, being set back from the road would be safer. Councillor S White felt that due to there being footpath access from the rear of the application site that leads to the National Coastal Path and the benefits of building two modern efficient dwellings that would be of benefit to the local housing stock, the benefit would outweigh the harm. Councillor White then proposed to approve the application contrary to the Officer’s recommendation.

On conclusion of further debate the Chairperson put the proposal to approve the application contrary to the Officers’ recommendation to the Committee and upon a vote being taken, this was agreed.

RESOLVED that the application be APPROVED subject to a Section 106 agreement and conditions delegated to Officers in consultation with the Chairperson.

At this point Councillor R H Siddall declared a pecuniary interest in Agenda Item 7 - 23/00592/VAR - Land at the Summer House, Back Lane, Wickham Bishops, due to his mother living on Back Lane and he would leave the Chamber as this was the next item of business.

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

Following the Officers presentation, the Applicant J Jarvis and Parish Council representative, Councillor I Wardrop addressed the Committee. The Chairperson then opened the floor for debate.

Councillor S J N Morgan then proposed to refuse the application contrary to the Officer’s recommendation and the applicant be asked to submit a full planning application for the changes in this application, this was seconded by Councillor White.

Further debate ensued around the variations outlined in the report and in response to questions raised the Officers gave the following responses:

•           Recent case law this year that states that Section 73 doesn’t only have to be used for minor material amendments it can be for material amendments, however, it must ensure that the development doesn’t conflict with the operative part of the permission granted. In the case of this application, it can be covered by Section 73 as the amendments don’t conflict with the operative part of the permission.

•           From the report, the increase in ridge height was 20cm.

•           The applicant could use the additional space in the roof area for storage purposes, however, condition 8 of the report would restrict the applicant from creating any openings in the roof, such as windows.

Councillor Morgan raised a concern with Officers’ that he had information that Velux windows were being installed in the property. Officers confirmed that there was no evidence or provision in the previous and amended applications for there to be Velux windows as this would be contrary to condition 8 or the report.

There being no further debate the Chairperson put the proposal to the Committee and upon a vote being taken, this was not agreed. In light of this the Chairperson then sought an alternative proposal from the Committee. Councillor M F L Durham then moved the Officers’ recommendation of approval as set out in the report which was duly seconded and upon a vote being taken, this was agreed.

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

1.         The development hereby permitted shall be carried out in accordance with the following approved plans submitted with 23/00592/VAR:

•           S01, 20.02.03

•           11197-P201

•           11197-P200

•           11197-P210 Rev A

•           11197-P211 Rev B

and the approved plans submitted with 20/00490/FUL:

•           DB/SUM/01 Rev A

•           DB/SUM/02

•           DS1190P

•           20.02.04

•           MFA/SH01

2.         The external surfaces of the development hereby approved shall be constructed of materials and finish  ...  view the full minutes text for item 233.