Agenda and minutes

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

Apologies for absence were received from Councillors R P F Dewick, Mrs H E Elliott and N R Pudney.

To confirm the Minutes of the meeting of the Committee held on 21 May 2018, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 21 May 2018 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 B F Acevedo disclosed a pecuniary interest in Agenda Item 5 - HOUSE/MAL/18/00319 - Fiddlers Rest, The Endway, Althorne, Essex, CM3 6DU as she was one of the applicants.  She informed the meeting that she would leave the chamber for this item.

Councillor Mrs P A Channer, CC declared a non-pecuniary interest as she was a

Member of Essex County Council, a consultee on planning application matters with

respect generally to highways, matters of access and education primarily.  She further

disclosed the following in the interest of openness and transparency:

·       Agenda Item 5 - HOUSE/MAL/18/00319 - Fiddlers Rest, The Endway, Althorne, Essex, CM3 6DU as she knew the applicant;

·       Agenda Item 9 -  HOUSE/MAL18/00562/LBC/MAL/18/00563 -

            Trusses Waterside Road, Bradwell-on-Sea as she knew the agent.

Councillor P G L Elliott declared a non-pecuniary interest in Agenda Item 5 -  HOUSE/MAL/18/00319 - Fiddlers Rest, The Endway, Althorne, Essex, CM3 6DU as he knew the applicant and Agenda Item 9 -HOUSE/MAL18/00562/LBC/MAL/18/00563 as he knew the agent.

Councillor R Pratt, CC, declared a non-pecuniary interest as a Member of Essex County Council, a consultee on planning application matters.

Councillor B S Beale, MBE disclosed a non-pecuniary interest in Agenda Item 5 - HOUSE/MAL/18/00319 - Fiddlers Rest, The Endway, Althorne, Essex, CM3 6DU  as he knew the applicant and Agenda Item 9 - HOUSE/MAL18/00562/LBC/MAL/18/00563 as he knew the agent.

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

·       Agenda Item 5 - HOUSE/MAL/18/00319 - Fiddlers Rest, The Endway, Althorne, Essex, CM3 6DU as he knew both the applicant and agent.

·       Agenda Item 6 – FUL/MAL/18/00389 - a T J's Riding School, Burnham Road, Southminster, Essex, CM0 7BL as he knew both the applicant and the agent

·       Agenda Item 9 - HOUSE/MAL18/00562 and LBC/MAL/18/00563, Trusses Waterside Road, Bradwell-on-Sea,as he knew the agent.

The Committee received the reports of the Director of Planning and Regulatory Services

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 Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

Councillor Mrs B F Acevedo left the Chamber for this Item of business.

Following the Officer’s presentation Councillor R G Boyce, MBE, moved the Officer’s recommendation to approve and this was unanimously 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.

REASON: To comply with Section 91(1) The Town & Country Planning Act 1990 (as amended).

2          The development herby permitted shall be carried out in accordance with the

following approved plans: 02 Rev A; 03 Rev A and 04 Rev A.

REASON: To ensure that the development is carried out in accordance with         the details as approved.

3          The materials used in the construction of the outbuilding hereby approved

shall be as set out within the application form/plans hereby approved.

REASON: In the interest of the character and appearance of the conservation             area in accordance with policies D1 and H4 of the approved Local Development Plan and the guidance contained in the Maldon District Design Guide (2017) and the National Planning Policy Framework.

4          The outbuilding hereby permitted shall only be used for purposes incidental to

the residential use of the dwelling at Fiddlers Rest, The Endway, Althorne, Essex, CM3 6DU.

REASON: To safeguard the character and amenities of the area and the amenities of adjoining residential properties, in accordance with the National Planning Policy Framework (2012), policies D1 and H4 of the approved Local Development Plan and the guidance contained in the Maldon District Design Guide (2017)

5          Development shall not commence until details of surface water drainage have

been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be constructed and completed in accordance with the approved details prior to the occupancy of the development.

REASON: To avoid the risk of water flooding and pollution in accordance with policy D2 of the Maldon District Local Development Plan.

To consider the planning application and recommendations of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

Councillor Mrs B F Acevedo returned to the Chamber.

It was noted from the Members’ Update that a letter of support had been received subsequent to publication of the Officer’s report.

Following the Officer’s presentation Mr Tim Matthews, the Agent, addressed the Committee.

A debate ensued around temporary accommodation and security issues for rural businesses.  Members noted that this rental business was diversifying, should be given the opportunity to develop as it had potential and that a presence on site was essential for its security.  Furthermore, it was not detrimental to the street scene and there were no objections from the Parish Council, Essex County Council or residents.

Councillor Boyce proposed that contrary to the Officer’s recommendation the application be approved for a further three years temporary consent, to prove the viability of the business.  This was seconded and agreed with the proviso that the conditions applied to the temporary consent be determined between the Chairman  and Ward Members.

RESOLVED that the application be APPROVED subject to conditions as agreed in consultation with the Chairman and Ward Members.

To consider the planning application and recommendations of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation, Mr David Wallis, the Agent, addressed the Committee.

Members had a lengthy discussion on this application.  It was noted that when the previous application for two properties on the site was approved the Local Development Plan policies were not in operation.  Furthermore the previous application for three dwellings had been refused.  There were grave concerns that this represented overdevelopment, altering the character of the area.

Councillor R G Boyce proposed that the application be approved according to the Officer’s recommendation which was seconded by Councillor R Pratt.  The Chairman then put the proposal to the Committee.  A vote was taken, the proposal was not agreed and the Chairman called for a second proposal.

Councillor Mrs P A Channer then proposed that the application be refused contrary to the Officer’s recommendation and this was duly seconded.  The Chairman put this proposal to the Committee, a vote was taken and the recommendation to refuse was carried.  It was further noted that this was agreed with the proviso that the wording of the reasons for refusal be determined by the Chairman and Ward Members, taking into consideration the reason for refusal of the previous application as outlined in paragraph 6.7 of the report.

RESOLVED that the application be REFUSED and that the reasons for refusal be agreed in consultation with the Chairman and Ward Members.

To consider the planning application and recommendations of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update that Burnham-on-Crouch Town Council objected to the application as it was outside the development boundaries and contrary to the Burnham-on-Crouch Neighbourhood Plan.

Following the Officer’s presentation, Ms Lisa Skinner, the Agent, addressed the Committee.

Members debated the application, the overdevelopment of the area and the major alterations to the landscape.  It was noted that this application was contrary to both the Burnham-on-Crouch Neighbourhood Plan and the Maldon District Local Development Plan.  The Committee acknowledged the work that had been invested in these plans and the need to adhere to the planning policies contained therein

Councillor P G L Elliott proposed that the application be refused contrary to the Officer’s recommendation.  A vote was taken and the recommendation to refuse was agreed.

RESOLVED that the application be REFUSED for the following reason:-

1.         The application site lies outside of the defined settlement boundary of

Burnham-on-Crouch where policies of restraint apply. The Council can demonstrate a five year housing land supply to accord with the requirements of the National Planning Policy Framework. The site has not been identified by the Council for development to meet future needs for the District and does not fall within either a Garden Suburb or Strategic Allocation for growth identified within the Maldon District Local Development Plan to meet the objectively assessed needs for housing in the District.The proposed development would represent an intensive and urban form of development that would be materially harmful to the character of the application site and the surrounding area.  The proposal is therefore contrary to the National Planning Policy Framework, Maldon District Local Development Plan (2017) policies S1, S2, S8, D1, H4 and policies HO.1 and HO.8 of the Burnham-on-Crouch Neighbourhood Development Plan (2017).

To consider the planning application and recommendations of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update that the applicant had submitted supporting information in response to objections received.

Following the Officer’s presentation Mr Ian Fennell, an Objector and Ms Purdy Pearce, the Applicant, addressed the Committee.

A debate ensued concerning both the planning application, HOUSE/MAL18/00562 and the listed building consent application, LBC/MAL/18/00563.  It was noted that the Conservation Officer had no concerns regarding the listed building works in relation to the extension and the porch.

Members raised concerns regarding the planning application, in particular, the potential loss of light and outlook in the neighbouring property.  There were strong objections to the fence, gates and the overly large cart lodge as these would be detrimental to the street scene.

The Chairman put the recommendations to the committee proposing that in accordance with the Officer’s recommendations the planning application be refused, based on the reasons outlined in section 8 of the report, and that the listed building consent be granted subject to the existing conditions.  Upon a vote being taken this was agreed.

RESOLVED that the planning application HOUSE/MAL18/00562 be REFUSED, for the following reason:

1.         The proposed cart lodge by reason of its design, scale, bulk, siting and

appearance is considered to result in an overly large and dominant addition to the streetscene and eroding the openness of the countryside, which is exacerbated by the scale, bulk and siting of the proposed 1.8m gates. Therefore the proposal will cause harm to the intrinsic character and a beauty of the surrounding countryside. Moreover, the proposed 1.8m close boarded             fence on the western side of the site will detract from the historic character of the listed building and will dominate the site, thereby causing harm to the character and appearance of the site and the surrounding locality. The proposal is therefore, contrary to the requirements of policies S1, S8, D1, D3 and H4 of the approved Local Development Plan, guidance contained within the Maldon District Design Guide and the National Planning Policy Framework.

RESOLVED that the  ...  view the full minutes text for item 201.