Agenda and minutes

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

There were none.

To confirm the Minutes of the meeting of the Committee held on 13 February, (copy enclosed).

RESOLVED

(i)              that the Minutes of the meeting of the Committee held on 13 February 2017 be received.

Minute No. 973 – Minute 874 – FUL/MAL/16/00511 – St. Lawrence Caravans Limited, St Lawrence Caravan Site, Main Road, St. Lawrence

Councillor A S Fluker had requested an update and had expected it to be on the Agenda for this meeting.  He asked the Group Manager for Planning Services to assist and, in response, the Group Manager for Planning Services advised that this application had been determined and approved.

Minute 974 – Disclosure of Interest

Councillor Mrs B F Acevedo advised that her declared interest in Agenda Item 6 – OUT/MAL/16/00224 – Whitecap Mushroom Farm, Mill Road, Mayland was a non-pecuniary interest.

Minute 976 – OUT/MAL/16/00224 – Whitecap Mushroom Farm, Mill Road, Mayland

Councillor Mrs P A Channer recalled that, during the debate for this item, proposals had been made but not recorded in the Minutes and, therefore, it was not an accurate reflection of the debate.

RESOLVED

(ii)            that subject to the above amendments the Minutes of the meeting of the Committee held on 13 February 2017 be confirmed.

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 R P F Dewick declared:

·                 a non-pecuniary interest in relation to Agenda Item 7 – FUL/MAL/16/01481 – Land South West of High House, Green Lane, Burnham-on-Crouch, as he had carried out work on that site in the past, although he did not know the Applicant.  He advised the Committee that he would leave the meeting for this item;

·                 an interest in relation to Agenda Item 9 - FUL/MAL/16/01492 – Land south east of Harlow Sailing Club, Sea View Parade, Mayland as he knew the Applicant, but he did not consider his interest to be pecuniary.

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

Councillor A S Fluker declared that in the interests of openness and transparency he knew some of the responders in relation to Agenda Item 9 – FUL/MAL/16/01492 – Land south east of Harlow Sailing Club, Sea View Parade, Mayland and Agenda Item 10 – FUL/MAL/17/00027 – Land Adjacent to Three Ways, Batts Road, Steeple.

Councillor B F Acevedo declared a non-pecuniary interest in relation to Agenda Item 9 - FUL/MAL/16/01492 – Land south east of Harlow Sailing Club, Sea View Parade, Mayland, as she knew the Applicant.

To receive an Officer led presentation.

The Chairman notified the committee there was no Members’ briefing.

The Committee considered the reports of the Interim Head of Planning Services and determined the following planning applications, having taken into account all representations and consultation replies received, including those items listed on the Members’ Update circulated at the meeting.

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, Mr Alan Powl, a Supporter and Mr Martyn Ward, the Applicant, both addressed the Committee.

Members debated this application and made it clear that they were not against the nursing home in principle, but that they had concerns regarding the proposed design and height of it.  As an authority, MDC always strived to get the best design possible.  Members supported the Officer’s report and recommendation and hoped that a better design would be submitted.  A comment was made that there was insufficient information regarding the extra care element that was now proposed, which had not formed part of the original application.

RESOLVED that this application be REFUSED for the following reasons:

1          The development by reason of its height will result in a dominant and overbearing form of development in the soft edge of settlement location, resulting in a demonstrable visual impact on the rural character and appearance of the locality, contrary to policy BE1 and CC6 of the Maldon District Replacement Local Plan, D1 of the submitted Local Plan and the National Planning Policy Framework.

2          Insufficient information has been provided as part of the application to demonstrate that there is an identified need for the variation of “extra – care” to be provided on the site which includes independent living accommodation, contrary to policy H3 of the submitted Local Plan and the National Planning Policy Framework.

3          The proposal by reason of its nature and height fails to accord with the restrictions and conditions imposed on the outline planning application reference OUT/MAL/16/01423 and, as such, the applications cannot be read as one permission, contrary to the National Planning Practice Guidance.

In accordance with his earlier declaration, Councillor R P F Dewick left the Chamber for this item.

Councillor Mrs P A Channer, CC declared that she knew the Applicant.

Councillor P G L Elliot declared that he knew the Applicant.

COUNCILLOR A S FLUKER IN THE CHAIR.

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, Mr Raymond Stemp, the Agent, addressed the Committee.

Councillor N R Pudney, a Ward Member, was in agreement with Burnham Town Council’s comments on this application and had concerns regarding the access.  He was surprised that access had been approved and agreed by Essex County Council.

Members raised concern about this application and also, in general, the development taking place around Green Lane as it had traditionally been a rural location.  However, they considered that there were not any planning reasons to refuse this application.

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 hereby permitted shall be carried out in accordance with the following approved plans: location plan, SP02, X01, X02 and 05.

3.         No development shall commence until samples of the materials to be used in the construction of the external surfaces of the buildings hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

4.         No development shall commence until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority. These details shall include (a) means of boundary enclosure (b) hard surfacing materials (c) schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate and (d) implementation timetables. All hard and soft landscape works shall be carried out in accordance with the approved details. Any plant material removed, dying or becoming seriously damaged or diseased within 5 years of planting shall be replaced in the next planting season with others of similar size and species unless otherwise agreed in writing by the local planning authority.

5.         No development shall commence, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by the local planning authority. The Statement shall include delivery, demolition and construction working hours and the approved Statement shall be adhered to throughout the construction period for the development.

6.         No development shall commence until details for the storage of bicycles has been submitted to and approved in writing by the local planning authority. The storage shall be provided prior to the first occupation of the development and shall thereafter been retained as such.

7.         Prior to the first occupation of the development, the vehicular access, parking and turning areas shall be provided in accordance with the  ...  view the full minutes text for item 1093.

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 for the following reasons:

1          The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2          The development shall be carried out in accordance with the following approved plans and documents: Drawing Nos14/90/01, 14/90/02, 14/90/03, 14/90/03 (first floor), 14/90/04, 14/90/05, 14/90/06, 14/90/07, 14/90/08 & 14/90/09.

3          No development shall take place until written details or samples of all materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority.  The development shall be carried out using the materials and details as approved.

4          Within the first available planting season (October to March inclusive) following the commencement of the development a hedgerow shall be planed and maintained along the boundaries of the access to the site and along the east and south eastern boundaries of the site. Unless otherwise first agreed in writing with the local planning authority the hedgerow shall be of the following specification:-

Field Hedge - A mixed indigenous hedgerow to be made up of at least 80% Hawthorn (Crataegus monogyna), with the remaining a mixture of            other locally indigenous species such as holly, hazel, blackthorn, or elder, and incorporating within the hedgerow trees of  a species chosen from the following - Oak (Quercus robur), Ash (Fraxinus excelsior),

Field Maple (Acer campestre). - The hedgerow plants shall be planted as a double staggered row, with rows 300mm apart and plants spaced at 450mm centres along each row. 

The plants shall be planted into ground previously cleared of all weed growth and mulched with a fabric/polythene sheet mulch and/or organic mulch.  Shrub guards should be used to protect the plants. If within five years of the planting of the hedge any plant is removed, uprooted, destroyed or dies another plant of the same species and size shall be planted in the first available planting season, unless the local planning authority gives written consent to any variation.

5          Prior to commencement of the development hereby approved, the existing dwelling on the site shall be demolished and the resulting material removed from the site.

6          The outbuildings hereby permitted shall only be used for those purposes ancillary and incidental to the use of the dwelling house to which it relates and not for any commercial or business purpose or as annex accommodation. The stables hereby to be retained shall be used solely for the private stabling of horses             and no  ...  view the full minutes text for item 1094.

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, Mr Richard Coutts, of Baca Architects, the Agent, addressed the Committee.

Members debated this application in some depth and some had concerns about this application and, in particular, regarding the Tree Preservation Order that had been in place.  Members were of the understanding that the site was a wildlife site of designated county significance.

The Officer advised that whilst the site was partially covered by a Tree Preservation Order (at the northern end of the site), the trees that were protected had been removed in 2014.  There were not many trees now left on the site.

Attention was drawn to the lack of reference in the report to successes that the Council had achieved on appeal relating to sites on the opposite side of the road. 

In addition, concern was also raised that Officers had recommended this application for approval on design alone and had there were reservations about it fitting in with the surroundings.

The Group Manager for Planning Services commented that whilst the Council had won a number of appeals in the vicinity for fairly large schemes, the National Planning Policy Framework (NPPF) did allow certain schemes subject to a number of criteria being met.  Section 55 was the relevant section that highlighted schemes that were truly outstanding and/or innovative.  It was for the decision makers to decide whether this proposal was of a sufficiently high standard to meet the criteria set out.

Conversely, other Members were of the opinion that the design was indeed outstanding and supported the Officer’s recommendation.  Members commented that they considered it to be a special and unusual application.

Members were concerned about the footpath, but the Group Manager for Planning Services advised them that this was not a planning consideration.  He advised against imposing a condition for a footpath, as it would not meet the necessary tests to be upheld.  Following this, a suggestion was made that a permissive right of way could potentially be agreed between the Parish Council and the landowner.

Responding to a question about the enforceability of the conditions, the Group Manager for Planning Services stated that the conditions recommended did, in his opinion, meet the tests and could be upheld.

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 188-200-001B, 188-200-002A, 188-200-004A, 188-200-005A, 188-200-006A, 188-200-100E, 188-200-101E, 188-200-102C, 188-200-110D, 188-200-111D, 188-200-112D & 188-200-113D and application form.

3  ...  view the full minutes text for item 1095.

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, Rev. Gwynne Evans of the Evangelical Fellowship of Congregational Churches Trust addressed the Committee.

Members were in full agreement with the Officer’s recommendation and were of the opinion that the reasons for refusal were correct and that the report was very clear.  There was great concern about this proposal by residents in Steeple and the effect that such a development would have on Batts Road.  Members were surprised that there were no planning rules in place to protect graveyards.

RESOLVED that this application be REFUSED for the following reason:

1.               The proposal involves the erection of two terraces of dwellings either side of a former chapel which is considered to be a Non Designated Heritage Asset. The proposed development by reason of its design, positioning and massing would result in a cramped form of development that would adversely affect the setting of a Non-Designated Heritage asset by visually dominating it. In addition the design, position and bulk of the development together with the loss of the existing hedgerow and replacement with car parking would adversely affect the visual appearance and character of the rural setting of the village and the amenities of local residents. As such the proposal would be contrary to the requirements of policies BE1 and CC6 of the Maldon District replacement Local Plan and policies D1 and D3 of the Maldon District Local Development Plan and paragraph 135 of the National Planning Policy Framework.

Councillor A S Fluker thanked the two Officers who were leaving Maldon District Council for their work and wished them well.

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

(i)                 Appeals Lodged

(ii)       Appeal Decisions

The Committee considered the report of the Interim Head of Planning Services on the following matters:

(i)              Appeals Lodged:

There were none.

(ii)            Appeal Decisions:

It was noted that the following appeal decisions had been received from the Planning Inspectorate.

LDP/MAL/16/00263 (Appeal Ref: APP/X1545/X/16/3151073)

Proposal: Proposed mobile home to be used as additional accommodation to the existing dwelling

Address: Lermoos - 32 Wembley Avenue - Mayland

APPEAL ALLOWED & FULL COSTS AGAINST THE COUNICL ALLOWED – 9 February 2017

DECISION LEVEL: Committee (as per Officer recommendation to refuse)

FUL/MAL/16/00301 (Appeal Ref: APP/X1545/W/16/3156862)

Proposal: Revised orientation of farm worker's dwelling and use of roof void to provide bedroom accommodation incorporating rear dormer (Revision of FUL/MAL/10/00702)

Address: Manor Farm, Old Heath Road, Southminster, Essex, CM0 7BW

APPEAL DISMISSED – 14 February 2017

DECISION LEVEL: Delegated

OUT/MAL/16/00120 (Appeal Ref: APP/X1545/W/16/3160991)

Proposal: Outline planning permission for proposed demolition of No.58 Maldon Road and the erection of 6 No.residential units. with ancillary works including new vehicular and pedestrian access off Maldon Road and Estate Road (Resubmission)

Address: Land To The Rear Of 60A Maldon Road - Burnham On Crouch

APPEAL ALLOWED – 16 February 2017

DECISION LEVEL: Committee (as per Officer recommendation)

HOUSE/MAL/16/00259 (Appeal Ref: APP/X1545/D/16/3162369)

Proposal: 6ft fence around garden replacing existing old fence

Address: 48 Western Road Burnham-On-Crouch

APPEAL ALLOWED – 22 February 2017

DECISION LEVEL: Delegated

OUT/MAL/16/00196 (Appeal Ref: APP/X1545/W/16/3157183)

Proposal: Development of 3 new homes

Address: Land North Of Hillcrest House - Stoney Hills - Burnham On Crouch

APPEAL ALLOWED – 27 February 2017

DECISION LEVEL: Delegated

To receive and note a list of decisions on planning applications taken by the Interim Head of Planning Services (to be circulated at the Meeting).

The Committee received and noted the list of decisions on planning applications taken by the Interim Head of Planning Services under delegated powers, circulated prior to the meeting for the period 13 February – 10 March 2017.

To resolve that under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the following item(s) of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph ??? of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

RESOLVED that under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the following item(s) of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

To receive and note the report of the Interim Head of Planning Services, (copy enclosed).

The Committee received and noted the quarterly update on enforcement cases affecting the Committee’s area.  Members requested that, as agreed at the Special Meeting of the South Eastern Area Planning Committee held on 22 September 2016, a matrix would be provided to each meeting showing live enforcement cases, how many had been dealt with and how many new cases had come in.  That had not, as yet, happened.  It was also agreed at the Special Meeting that there would be a frontispiece explaining the categories of enforcement to enable Members to understand what the enforcement team were dealing with.

The Enforcement Officer explained that it had not been possible to produce this at the time the report was dispatched, but had copies which were handed out to Members at this point.  A request was made that this be produced each month.

Various cases were discussed in detail and the Enforcement Officer provided updates where requested to do so and advised Members of planned action to be taken.

A proposal was made that a further Special Meeting of the South Eastern Area Planning Committee be held to discuss enforcement in more detail.  A comment was also made that any increase in charges agreed by the Finance and Corporate Services Committee in response to Government proposals should be used, in part, to assist with enforcement.