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 N R Pudney.

To confirm the Minutes of the meeting of the Committee held on 17 July 2017, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 17 July 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 CC declared:

·                 a non-pecuniary interest as she was also a Member of Essex County Council who was involved in matters such as highways, access etc.;

·                 a non-pecuniary interest in relation to Agenda Item 10 – HOUSE/MAL/17/00682 - Crouch View Fambridge Road Althorne Essex

·                 as she knew the Agent;

·                 in relation to Agenda Item 11 – OUT/MAL/17/00735 - Sunnyside Stoney Hills Burnham-On-Crouch she advised that she would leave the Chamber for the determination of this item.  Councillor Mrs Channer had attended an event at a property directly next door to the application property and did not wish to take any part in the decision-making.

Councillor Mrs B E Acevedo declared a non-pecuniary in relation in relation to Agenda Item 5- RES/MAL/17/00224 - Land South of 53 Burnham Road, Latchingdon and Agenda Item 6 – RES/MAL/17/00225 - Land East of 53 Burnham Road, Latchingdon as she knew the applicants.

Councillor B S Beale MBE declared that in relation to Agenda Item 11 - OUT/MAL/17/00735 - Sunnyside Stoney Hills Burnham-On-Crouch – he knew the Applicant.

Councillor A S Fluker declared in the interests of openness and transparency:

·                 In relation to Agenda Item 5 - RES/MAL/17/00224 - Land South of 53 Burnham Road, Latchingdon – he knew the Applicant;

·                 In relation to Agenda Item 6 - RES/MAL/17/00225 - Land East of 53 Burnham Road, Latchingdon – he knew the Applicant;

·                 In relation to Agenda Item 9 – FUL/MAL/17/00649 – High Street, Burnham-on-Crouch - he owned a property nearby; and

·                 In relation to Agenda Item 10 - HOUSE/MAL/17/00682 - Crouch View Fambridge Road Althorne Essex – he knew the Agent.

Councillor R Pratt CC declared a non-pecuniary interest as he was also a Member of Essex County Council.

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)*.

The Officer presented the report for both this application and for Agenda Item 6 at the same time.

Members expressed surprise that the Highways Authority had not raised any objection to this application as they were of the opinion that the proposed entrance would become a crossroads that may have implications for highways safety.  However, it was acknowledged that the Highways Authority were the experts.

There was also some concern regarding the amount of affordable housing and Members were of the opinion that if these applications had been submitted as one application, then there would have been a requirement for more affordable housing.

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

1          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.

2          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.

3          Prior to first occupation of the development, the access arrangements as shown in Drawing no 47691/C/23 Rev C shall be fully implemented. This should include the provision of pedestrian dropped kerbs and tactile paving across the bellmouth in line with existing pedestrian desire lines, the exact location details to be submitted to and approved in writing by the local planning authority prior to the commencement of any development.  The works shall be carried out in accordance with the details agreed and retained as such thereafter.

4          Prior to first occupation of the proposed development, the vehicle parking and turning areas, as indicated on the approved plans, shall be implemented and maintained as such unless otherwise agreed with the local planning authority.

5          No development shall commence until fencing/ground protection to protect the trees and hedges/shrubs to be retained (as well as those adjoining the site) has been erected in accordance with BS5837:2012, details of which shall have been submitted to the local planning authority for written approval.  The protective fencing shall be erected before the commencement of any clearing, demolition and building operations and shall be retained until all equipment, machinery and surplus materials have been removed from the site. The protective fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the  ...  view the full minutes text for item 315.

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

This application was considered together with application RES/MAL/17/00224 above.

RESOLVED that this application be APPROVED, subject to updated legal agreement in relation to Affordable Housing (13 units and commuted sum for £23,600) and subject to the following conditions:

1.         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.

2.         Prior to first occupation of the development, the access arrangements as shown in Drawing no 47691/C/23 Rev A shall be fully implemented. This should include the provision of pedestrian dropped kerbs and tactile paving across the bellmouth in line with existing pedestrian desire lines, the exact location details to be submitted to and approved in writing by the local planning authority prior to the commencement of any development.  The works shall be carried out in accordance with the details agreed and retained as such thereafter.

3.         Prior to first occupation of the proposed development, the vehicle parking and turning areas, as indicated on the approved plans, shall be implemented and maintained as such unless otherwise agreed with the local planning authority.

4.         No development shall commence until fencing/ground protection to protect the trees and hedges/shrubs to be retained (as well as those adjoining the site) has been erected in accordance with BS5837:2012, details of which shall have been submitted to the local planning authority for written approval.  The protective fencing shall be erected before the commencement of any clearing, demolition and building operations and shall be retained until all equipment, machinery and surplus materials have been removed from the site. The protective fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Within the fenced protection zone nothing shall be stored or placed, no fires lit, no vehicle shall gain access, ground levels shall not be altered, no excavation shall be made and no structure shall be erected. If within five years from the completion of the development a retained tree, shrub or hedge within the site is removed, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, a replacement tree, shrub or hedge 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.         Notwithstanding the details submitted no development shall commence until the provision and subsequent retention of soft landscape works on the site have been submitted to and approved in writing by the  ...  view the full minutes text for item 316.

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

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 drawing: 648/2.

3          The external surfaces of the development hereby approved shall be constructed of materials and finish to match the existing dwelling.

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

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, S1MC/3/17—2C.

3          The external surfaces of the development hereby approved shall be constructed of materials and finish as detailed within the application.

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

Following the Officer’s presentation of the report, Members debated this application and whilst they were in favour of the Market in principle, they did have some concerns regarding noise and rubbish.

In response to questions, the Group Manager for Planning Services advised:

·                 There was a condition (Condition 3) regarding amplified sound that would address concerns regarding noise;

·                 Rubbish and parking both fell under different legislation and was not something that could be dealt with by planning.

Members were also concerned that the restriction on stalls at condition 4 did not go far enough and requested if this could be extended to five stalls.  The Committee was advised that the request regarding the restriction had come from the Highways Authority who was concerned with vehicle traffic.  Any concerns regarding canopies overhanging the footpath should be raised with market officers, as this was not specifically a planning issue.

Councillor B S Beale, MBE proposed that this application be deferred to gain clarity.  This proposal was not seconded.

Councillor R G Boyce, MBE then proposed that this application be approved with a rider sent to the Director of Customers and Community that this Committee has concerns regarding issues that could not be controlled by planning, but could be addressed elsewhere.

Councillor B S Beale, MBE requested that his vote against approval of this application be recorded.

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

1.               The use hereby permitted shall be discontinued on or before 31 August 2019 unless before that date a formal planning application for the continuation of such use has been approved by the local planning authority.

2.               The Maldon retail market hereby permitted shall operate only between the hours 07:30 to 15:00 on Tuesdays only with no setting up of any stall prior to 07:00. All stalls and related equipment shall be removed from the site prior to 15:30 hours on each day.

3.             There shall be no amplified sound used within the market as outlined in red on the location plan which forms part of this permission, or by any stall, stall owner or operator at any time.

4.             Notwithstanding the layout of market stalls shown on drawing number ATS/552/02/A, no market stalls shall be erected/sited in the position where the two westernmost stalls are shown on that plan.

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

Following the Officer’s presentation of the report, Mr L Lewis, the Applicant, addressed the Committee.

Members were of the opinion that the proposed building would have less impact that the barn that is currently in place and would not be seen from the road.  The new proposal was attractive and could only be seen by the Applicant from their garden.  Also, the footprint would be largely the same as the barn that is currently there.

Councillor Mrs B E Acevedo proposed that this application be approved contrary to the Officer’s recommendation and this was duly seconded.

In response to a question, the Officer confirmed that this application was refused under delegated power.

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 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.         The building hereby permitted shall only be used for those purposes incidental to the use of the dwelling house to which it relates and not for any commercial or business purpose or as annexe accommodation.

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

Following her earlier declaration, Councillor Mrs P A Channer, CC left the Chamber for the determination of this item.

In response to a question, the Group Manager for Planning Services confirmed that this application would have come to Committee if it had not been called in as it was a departure from the Local Plan.

Councillor Mrs H E Elliott, a Ward Member, proposed that this application be approved, even though she did not agree with the development of Stoney Hills, as there was little alternative for Members.

In response to another question, the Group Manager for Planning Services advised Members that “windfall” is a dwelling that is granted planning permission but does not form part of the Local Development Plan (LDP).  Furthermore, when considering windfall sites there is a need to demonstrate harm in order to refuse such an application.  Monitoring of such sites is carried out annually by the policy team and they take into account what has been built.

Concern was raised about work taking place on sites within Stoney Hills on Saturday afternoons and on Sundays and Bank Holidays.  However, the Group Manager for Planning Services advised that Government guidance is that was not a planning issue and should be dealt with by Environmental Health who was better placed to deal with such matters.  It was requested that a condition regarding working hours be included.

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

1          Details of the access, appearance, landscaping, layout and scale (hereinafter called “the reserved matters”) shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved.

Application for the approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

The development hereby permitted shall be begun within two years from the date of the final approval of the reserved matters.  The development shall be carried out as approved.

2          The development shall be undertaken in accordance with the terms and specifications contained within the Ecology Report which is attached to and forms part of this permission.

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          As part of  ...  view the full minutes text for item 321.

To consider the report of the Chief Executive on the following matters:

(i)              Appeals Lodged

(ii)            Appeal Decisions

(iii)          Appeals Withdrawn

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

(i)              Appeals Lodged

Appeal Start Date: 02/08/2017

Application Number: FUL/MAL/16/00805 (APP/X1545/W/17/3173623)

Site: Land Adjacent To Bradwell Marina, Waterside Road, Bradwell-On-Sea, Essex

Proposal: Proposed change of use of land associated with Bradwell Marina to a static caravan park for holiday use comprising a total of 70 units, associated office and amenity block, vehicular access and visitor car parking, open space and children's playground with seasonal occupation from 1st March until 31st October each calendar year - RESUBMISSION of application ref: FUL/MAL/15/00142

Appeal by: Mr A Thurtle – Port Flair Ltd

Appeal against: Refusal

Appeal procedure requested: Informal Hearing

(ii)            Appeal Decisions

FUL/MAL/16/01362 (Appeal Ref: APP/X1545/W/17/3172878)

Proposal: Demolition of existing dwellinghouse and erection of 3 new dwellings with garages.

Address: Fogs Folly - 289 Esplanade - Mayland

APPEAL ALLOWED – 26 July 2017

DECISION LEVEL: Delegated

(iii)          Appeals Withdrawn

OUT/MAL/16/00302 (Appeal Ref: APP/X1545/W/17/3169969)

Proposal: Residential Development of up to 120 dwellings with associated infrastructure, open spaces and landscaping and community land with access reserved.

Address: Land South Of New Moor Farm And East Of North End, Southminster, Essex

APPEAL WITHDRAWN – 26 July 2017

A request was made for Members to be provided with a comprehensive list of Section 106 Agreements agreed, those in the pipeline and those that had been delivered.  The Chairman advised that such a report was to be presented to the Overview and Scrutiny Committee.  Members requested that the report be send to Members of this Committee.

To receive and note the list of decisions on Planning Applications taken by the Chief Executive (to be circulated at the meeting).

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 18 July – 11 August 2017.