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 Mrs B F Acevedo.

To confirm the Minutes of the meeting of the Committee held on 19 June 2017, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 19 June 2017 be approved and 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 Mrs P A Channer disclosed a non-pecuniary interest as a Member of Essex County Council who were consulted on a number of matters including Highways, access and education.  In relation to Agenda Item 9 – FUL/MAL/17/00496 Land Adjacent to Little Rushes Lane, Asheldham she advised that knew the Agent.

Councillor R Pratt declared an interest as a Member of Essex County Council.

Councillor A S Fluker made the following declarations of interest under Section 25, in the best interest of openness and transparency:

·                 Agenda Item 5 – FUL/MAL/17/00288 Land at Remembrance Avenue, Burnham-on-Crouch, he knew the applicants sister.

·                 Agenda Item 6 – FUL/MAL/17/00384 Land Adjacent 67 Queen Street, Southminster, he knew the applicant.

·                 Agenda Item 7 – FUL/MAL/17/00437 White Horse Hotel, 20 North Street, Southminster, he knew the applicant.

·                 Agenda Item 9 – FUL/MAL/17/00496 Land Adjacent to Little Rushes Lane, Asheldham, he knew the Agent.

Councillors P G L Elliott and N R Pudney declared an interest in Agenda Item 9 – FUL/MAL/17/00496 Land Adjacent to Little Rushes Lane, Asheldham as they knew the Agent.

The Committee received the reports of the Chief Executive and determined the following planning applications, having taken into account all representations and consultation replies received, including those listed on the Members’ Update circulated at the meeting.

To consider the planning application and recommendations of the Chief Executive, (copy enclosed, Members’ Update to be circulated).

Following the Officers’ presentation, Councillor Calver on behalf of Burnham-on-Crouch Town Council and Mr Lewis, the Applicant addressed the Committee.

Councillor P G L Elliott, a Ward Member, referred to the Shoreline Management Plan and then proposed that the application be approved, contrary to Officers’ recommendation.

Councillor R Pratt, the other Ward Member, supported the proposal and made reference to the development adjacent to the site. 

In response to a comment, the Chairman clarified that if Members were mindful to approve this application the Committee could do so without the need to make a recommendation to the Council.

In response to the proposal and comments from Members, the Group Manager - Planning Services reminded the Committee that the site was within Flood Zone 3 and therefore vulnerable to flooding.  Government advice was clear that the Council should not be building dwellings within that Flood Zone.  He outlined the reasons behind the granting of approval on the adjacent site.

Further debate ensued and in response to questions Officers provided the Committee with details including the location of the Council owned land related to this site, the consultation response from the Environment Agency, proposed height of the dwellings and the sequential test. 

Councillor Elliott reiterated his earlier proposal for approval which was duly seconded by Councillor Pratt. 

Councillor A S Fluker requested that if Members were mindful to approve the application that a robust ecology report was sought by way of a condition.

In light of the proposal the Group Manager - Planning Services outlined a number of conditions to be applied if approval was granted.  These were agreed by Members.

The Chairman then put the proposal for approval, contrary to Officers’ recommendation, and upon a vote being taken this was agreed.

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 the approved drawings specifically referenced on this decision notice.

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          No development shall commence until details of the siting, height, design and materials of the treatment of all boundaries including gates, fences, walls, railings and piers have been submitted to and approved in writing by the local planning authority. The boundary treatment  ...  view the full minutes text for item 261.

To consider the planning application and recommendations of the Chief Executive, (copy enclosed, Members’ Update to be circulated).

It was noted from the Members’ Update that five further conditions were proposed, if Members’ were minded to approve the application in accordance with Officers’ recommendation.

Councillor B S Beale, a Ward Member, raised concern regarding the size of the site and raised a question regarding the cable that ran under the site.  In response the Group Manager - Planning Services advised that this was not material consideration for determination of this application and dealt with through separate legislation.

Councillor A S Fluker, the other Ward Member, proposed that the application be approved in accordance with Officers’ recommendation and additional conditions set out in the Members’ Update.  This was duly agreed.  Councillor Beale asked that his vote against approval be recorded.

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 the approved drawings: 16/13/02 REV A, 16/13/03, 16/13/04 REV A, 16/13/05 REV A, 16/13/06 REV A.

3          The parking and turning area shall be carried out in accordance with drawing reference 16/13/02 dated September 2016 prior to the beneficial occupation of the development hereby approved and retained as such thereafter.

4          The hard landscape works shall be carried out in accordance with drawing reference 16/13/05 dated September 2016 prior to the beneficial occupation of the development hereby approved. The soft landscape works shall be carried out in accordance with drawing reference 16/13/05 dated September 2016 within the first available planting season (October to March inclusive) following the commencement of the development. If within a period of five years from the date of the planting of any tree or plant, or any tree or plant planted in its replacement, is removed, uprooted, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree or plant of the same species and size as that originally planted shall be planted in the same place, unless the local planning authority gives its written consent to any variation.

5.         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.

6.         No development shall commence until details of the siting, height, design and materials of the treatment of all boundaries including gates, fences,  ...  view the full minutes text for item 262.

To consider the planning application and recommendations of the Chief Executive, (copy enclosed, Members’ Update to be circulated).

It was noted from the Members’ Update that a consultation response had been received from Economic Development.

Following the Officers’ presentation the Agent, Mr Matthews addressed the Committee.

Councillor A S Fluker, a Ward Member, declared that he was a customer of the White Horse Hotel and knew the Agent.  He commented that this was a good proposal and invested in business with no objections from neighbours.  He proposed that the application be approved, in accordance with Officers’ recommendation.

Councillor B S Beale, the other Ward Member, asked if a condition to require people using the units to use the car park provided could be added.  In response the Group Manager - Planning Services advised that there was no way of ensuring that persons had to use the car park and therefore such a condition was not enforceable.

The Chairman put the proposal of approval which upon a vote being taken was duly agreed.

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 the approved drawings specifically referenced on this decision notice as well as the submitted detailed specifications.

3          No development shall commence until full details of the new brickwork, including brick type, the bond, mix and colour of the mortar has been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the details as approved.

4          No development shall commence until details of the materials to be used for the hard surfacing of the site have been submitted to and approved in writing by the Local Planning Authority. The hard landscape works shall be carried out as approved prior to the beneficial occupation of the development hereby approved unless otherwise first agreed in writing by the Local Planning Authority.

5          The development hereby permitted shall not be occupied until such time as the vehicle parking area indicated on the approved plans, including any parking spaces for the mobility impaired, has been hard surfaced, sealed and marked out in parking bays.  The vehicle parking area(s) shall be retained in this form at all times. The vehicle parking area(s) shall not be used for any purpose other than the parking of vehicles that are related to the use of the approved development unless otherwise agreed with the Local Planning Authority.

6.         A) No demolition/development or groundworks shall commence until  ...  view the full minutes text for item 263.

To consider the planning application and recommendations of the Chief Executive, (copy enclosed, Members’ Update to be circulated).

It was noted from the Members’ Update that a draft Section 106 legal agreement had been submitted in support of the application.  Following receipt of the agreement a number of sections in the report required updating and these were set out in the Members’ Update.  In addition, it was noted that a letter of support had been received from Mr Croud of St Lawrence and if Members were minded to refuse the application, as per Officers recommendation, reason for refusal 2 should be deleted.

Following the Officers’ recommendation the Agent, Mr Matthews addressed the Committee.

A debate ensued and Members commented on the design of the proposed dwellings, the site being identified by the Council for employment and access into the site.

The Chairman then put the Officers recommendation of refusal, amended in accordance with the Members’ Update.  Upon a vote being taken this was agreed.

RESOLVED that this application be REFUSED for the following reasons:

1          The application site is allocated within the adopted Maldon District Replacement Local Plan as a protected employment site and within the submitted Maldon District Local Development Plan remains a protected employment site.  The proposed development would result in the loss of the site for employment purposes and insufficient information has been submitted to justify this loss. The proposed development would therefore be contrary to policies E1 and E6 of the adopted Maldon District Replacement Local Plan, policy E1 of the submitted Maldon District Local Development Plan and the guidance and provisions of the National Planning Policy Framework, in particular Paragraphs 7, 19, 21 and 22.

2          The application site is located within an allocated industrial site and the development of this site for housing would be likely to result in future occupiers being subject to unacceptable levels of noise.  This would have a significant adverse impact upon the health, quality of life and wellbeing of the future occupiers of these proposed dwellings resulting in poor living conditions. It is considered that the site's proposed future development would introduce residential properties in a much closer proximity to this existing noise source than the majority of nearby properties.  As such the proposal is not considered to represent sustainable development and would be contrary to policies BE1 and CON5 of the adopted Maldon District Replacement Local Plan, policies D1 and D2 of the submitted Maldon District Local Development Plan and the guidance and provisions of the National Planning Policy Framework, in particular Paragraphs No. 7, 14 and 123.

3          The proposed development, by reason of its position, size, design and external appearance, would represent an intrusive development,  ...  view the full minutes text for item 264.

To consider the planning application and recommendations of the Chief Executive, (copy enclosed, Members’ Update to be circulated).

Following the Officers’ presentation the Applicant, Mr Robinson addressed the Committee.

Councillor A S Fluker advised that Ashedlham and Dengie Parish Council had supported the proposal. Referring to the location of the site he compared it to other sites further away from amenities than this site which had been granted permission.  He highlighted the location of the local bus stop and how the Planning Inspectorate had recently deemed this location to be sustainable.  Councillor Fluker felt that the site was sustainable by virtue of what the Planning Inspector had previously said and then proposed that the application be approved, contrary to Officers’ recommendation.  This proposal was duly seconded.

In response to a question, the Development Control Officer confirmed that there was no material difference between this application and the one previously refused on this site. 

In response to questions regarding inconsistencies and sustainability the Group Manager - Planning Services advised that if Members were mindful to approve the application they had to consider what had been done to overcome the material considerations.  He reminded Members to be mindful that this application was the same as the application previously refused.  The Officer informed the Committee that the Council could now demonstrate a five year housing land supply and this was a material considered when determining this application.

A debate ensued.  The Group Manager - Planning Services drew Members’ attention to paragraph 5.1.4 of the report which highlighted how this application was commensurate with the previously refused planning application and dismissed appeal. 

The Chairman put the proposal of approval, contrary to Officers’ recommendation to the Committee.  Upon a vote being taken this was agreed.  In light of the approval the Group Manager - Planning Services outlined a number of conditions to apply to the approval and these were agreed along with a condition regarding a planting scheme.

RESOLVED that this application be APPROVED subject to 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 hereby permitted shall be carried out in complete accordance with the approved drawings specifically referenced on this decision notice as well as the submitted detailed specifications.

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

4          No works or development shall take place until full details of both hard and soft landscape works to be carried out have been submitted  ...  view the full minutes text for item 265.

To consider the application and recommendations of the Chief Executive, (copy enclosed, Members’ Update to be circulated).

The Committee considered the report of the Chief Executive seeking Members’ consideration of TPO 2/17 – Land Rear of 24 – 54 Maldon Road and South of Green Lane, Burnham-on-Crouch.

The report provided detailed information regarding the tree, its location, ownership and planning history of the site.  It was noted that a number of objections to the serving of the TPO had been received (as detailed in Appendix 1 to the report) and these were set out in the report along with the Tree Officers’ response and site assessment.

Appendix 2 to the report provided photographs of the tree and site and Appendix 3 detailed the Tree Preservation Order.

The Chairman put the Officers’ recommendation to confirm the TPO without modification and upon a vote being taken this was agreed.

RESOLVED that Tree Preservation Order 2/17 at Land Rear of 24 – 54 Maldon Road and South of Green Lane, Burnham-on-Crouch be confirmed without modification.

To consider the report of the Chief Executive on the following matters (Members’ Update to be circulated):

(i)                 Appeals Lodged

(ii)               Appeal Decisions

The Committee received and noted the report of the Chief Executive on the following matters:

(i)              Appeals Lodged

Appeal Start Date: 03/07/2017

Application Number: OUT/MAL/16/00915 (APP/X1545/W/17/3172993)

Site: Land Rear Of The Orchards, Maldon Road, Latchingdon, Essex

Proposal: Outline planning application for the demolition of one dwelling with all matters reserved for the construction of 7 dwellings comprising 2 x two bed, 2 x three bed and 3 x four bed dwellings

Appeal by: Mr & Mrs Brett

Appeal against: Refusal

Appeal procedure requested: Written Representations

(ii)            Appeal Decisions

OUT/MAL/16/00105 (Appeal Ref: APP/X1545/W/17/3167607)

Proposal: Outline planning application for the provision of up to 13 dwellings, provision of public open space and a new vehicular access from Vicarage Court

Address: Glebe Meadow Adjacent King Georges Field Pavilion Station Road Southminster

Decision Level: Committee overturned Officer recommendation to approve

APPEAL ALLOWED – 14 June 2017

HOUSE/MAL/16/01403 (Appeal Ref: APP/X1545/W/17/3170414)

Proposal: Change of use of existing detached barn/store for residential use as an annexe.

Address: Yeomans 12 Mill Road Mayland

Decision Level: Delegated

APPEAL ALLOWED – 14 June 2017

HOUSE/MAL/16/01397 (Appeal Ref: APP/X1545/D/17/3171681)

Proposal: Proposed side extension

Address: Amaethon - Grange Road - Tillingham

APPEAL DISMISSED – 20 June 2017

DECISION LEVEL: Delegated

HOUSE/MAL/16/01250 (Appeal Ref: APP/X1545/D/17/3171464)

Proposal: Two storey side and single storey front and rear extensions

Address: 4 Railway Cottages, Station Road, Althorne, Essex, CM3 6DG

Decision Level: Delegated

APPEAL DISMISSED – 21 June 2017

FUL/MAL/16/00814 (Appeal Ref: APP/X1545/W/17/3166607)

Proposal: Residential development (four detached houses)

Address: Blackwater Marina, Esplanade, Mayland, Essex, CM3 6AL

Decision Level: Delegated

APPEAL DISMISSED – 29 June 2017

The Chairman advised that this item of business had been inadvertently missed off the agenda and would therefore be considered under Agenda Item 12 – Any Other Items of Business.

The Committee received and noted the list of decisions on planning applications taken by the Chief Executive under delegated powers, circulated prior to the meeting for the period 20 June – 17 July 2017.

In response to a number of questions regarding some of the applications detailed, the Group Manager - Planning Services provided Members with additional information.

In respect of application FUL/MAL/17/00468 Redbraes, Summerhill, Althorne, Councillors Mrs P A Channer declared an interest as she lived in Summerhill.  Councillor R G Boyce also declared an interest as he had provided information in relation this application.