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 Mrs B F Acevedo, Mrs P A Channer and Mrs H E Elliott.

To confirm the Minutes of the meeting of the Committee held on 13 August 2018, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 13 August 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 Dewick advised under Agenda Item 7- FUL/MAL/18/00796 - Redwood Park, Downhall Road, Bradwell-On-Sea, Essex that he had carried out work in the past on this site for various contractors.

Councillor N R Pudney declared an interest in Agenda Item 8 - FUL/MAL/18/00895- Land North of Hillcrest House, Stoney Hills, Burnham-On-Crouch, Essex, as he had relatives living there.

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

Councillor A S Fluker, in the interest of openness and transparency, declared an interest under Agenda Item 5 - FUL/MAL/17/01480 - Land Rear of 148 Station Road, Burnham-On-Crouch, Essex, as he knew the applicant.

To consider the report of the Director of Strategy, Performance and Governance, (copy enclosed, Members’ Update to be circulated)*.

A Members’ Update was submitted providing a summary of an additional six letters of objection.

Following the Officer’s presentation Mr David Howes, an Objector and Councillor Vanessa Bell, Burnham-on-Crouch Town Council, addressed the Committee.

A discussion ensued around the design and location of the proposed application. It was felt that it represented overdevelopment, the design was inappropriate, parking facilities were inadequate and above all it would have a negative impact on existing residents.

Councillor N R Pudney proposed that the application be refused contrary to the Officer’s recommendation. This was duly seconded

RESOLVED that the application be REFUSED for the following reasons:

1.         The proposed development, by reason of its scale, mass, bulk and poor design

would result in an incongruous backland development, out of keeping with the grain and character of the area, to the detriment of the visual amenity of the immediate area, the nearby Burnham-on-Crouch Conservation Area and the locality more widely. The development would therefore be unacceptable and contrary to the National Planning Policy Framework (2018), policies S1, D1, D3 and H4 of the Maldon District Local Development Plan (2017), policies HO.1 and HO.8 of the Burnham-on-Crouch Neighbourhood Plan and the guidance contained in the Maldon District Design Guide SPD (2017).

2.         The proposed development, by reason of the design, lack of off-street car parking provision and detrimental impact on the amenity of the neighbouring residential dwellings would result in an unacceptable form of development, which is indicative of the overdevelopment of the site. The development would therefore be unacceptable and contrary to the National Planning Policy Framework (2018) and policies D1, H4 and T2 of the Maldon District Local Development Plan (2017).

To consider the report of the Director of Strategy, Performance and Governance, (copy enclosed, Members’ Update to be circulated)*.

A Members’ Update was received providing outstanding comments from archaeology.

Following the Officer’s presentation, Mr Terry Inkpen, an Objector and Councillor Paul Burgess, on behalf of Althorne Parish Council, addressed the Committee.

Councillor A S Fluker, in the interest of openness and transparency, declared an interest in this application as he knew the applicants.

A debate ensued regarding the merits of this proposed development. It was noted that the application was associated with an existing agricultural use and, subject to conditions, would not be materially harmful to the locality, the adjoining properties or highway safety.  As such, the development is in line with the stipulations of policies S1, S8, D1, D2, E1, E4, N2, T1 and T2 of the approved Maldon District Local Development Plan (LDP) and the national policy and guidance contained within the National Planning Policy Framework (NPPF).

Councillor A S Fluker proposed that the application be approved in accordance with the Officer’s recommendation. This was seconded and upon a vote being taken the application was approved.

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

1.                Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking or re-enacting that Order), premises shall only be used for purposes associated with the agriculture use of the agricultural unit, namely the application site and any other agricultural field under the same ownership, and for no other purpose.

2.                The use of the agricultural workshop as shown in the approved plans within the building hereby permitted shall only operate between 08:00 hours and 18:00 hours Mondays to Saturdays and at no time on Sundays, Bank and Public Holidays.

3.                In association with the use of the agricultural workshop as marked in the approved plans, no machinery shall be operated or any process shall be carried out and no deliveries or collections undertaken at the site other than between 08:00 hours and 18:00 hours on weekdays and between 08:00 hours and 13:00 hours on Saturdays and not at any time on Sundays and Public Holidays.

4.                No machinery associated with the use of the agricultural workshop as marked in the approved plans shall be used outside the building hereby approved.

5.                No extraction or ventilation equipment, vents, air conditioning units or similar plant equipment shall be installed or fitted to any external part of the building except in accordance with a scheme to be submitted to and approved in writing by the local planning authority.  The scheme as  ...  view the full minutes text for item 414.

To consider the report of the Director of Strategy, Performance and Governance, (copy enclosed, Members’ Update to be circulated)*.

A Members’ Update was submitted detailing comments from an additional letter of objection.

Following the Officer’s presentation, Mr Neil Jennings, the Agent, addressed the Committee.

The recommendation to approve in accordance with the Officer’s recommendation was unanimously agreed by the Committee.

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.

2.         The development hereby permitted shall be carried out in complete accordance

with approved drawings 1711/01A; 1711/02; 1711/03D; 1711/04D and Tree Protection Plan Rev A.

3.         No development shall take place until details or samples of the external

finishing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details and be retained as such in perpetuity.

4.         Prior to the occupation of the development hereby approved details of the

boundary treatment of the site shall be submitted to and approved in writing by the Local Planning Authority. The boundary treatment shall be provided prior to the occupation of the dwelling hereby approved in accordance with the approved details and be retained as such in perpetuity.

5.         The tree identified for retention on the approved plan drawing number Tree

Protection Plan Rev A which is attached to and forms part of this permission shall be protected during the course of the development. The tree shall be protected by measures which accord with British Standard 5837:2012 (Trees in Relation to Construction). The protective fencing and ground protection shall be erected before the commencement of any clearing, demolition and building operations and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Within the fenced protection zone no materials shall be stored, no rubbish dumped, no fires lit and no buildings erected inside the fence, nor shall any change in ground level be made within the fenced area unless otherwise first agreed in writing by the local planning authority. If within five years from the completion of the development a tree shown to be retained is removed, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, a replacement 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.

6.         No development shall take place, including any works of demolition, until a

Construction Method Statement has been submitted to, and approved in writing  ...  view the full minutes text for item 415.

To consider the report of the Director of Strategy, Performance and Governance, (copy enclosed, Members’ Update to be circulated)*.

A Members’ Update was submitted detailing comments for Essex County Council Highways Authority (ECC)

Following the Officer’s presentation, Karis Galliano, an Objector and Councillor Wendy Stamp, Burnham-on-Crouch Town Council, addressed the Committee.

Councillor N R Pudney objected to the application due to over development of the site which contravened the Burnham-on-Crouch Neighbourhood Development Plan.

Councillor A S Fluker proposed that the application be refused on the grounds of layout, design, size, scale, bulk and the effect of the positioning on the open countryside. This was duly seconded by Councillor N R Pudney.

Upon a vote being taken the Committee agreed that the application be refused contrary to the Officer’s recommendation.

RESOLVED that the application be REFUSED for the following reason:

1.   The proposed development, by reason of the size, scale and level of built form alongside the linear layout would result in an incongruous and urban form of development on a rural fringe site outside the boundaries of the settlement. The development would therefore be out of keeping with the character and grain of the area to the detriment of the visual amenity of the adjacent open countryside and the locality more widely. The development would therefore be unacceptable and contrary to the National Planning Policy Framework (2018) and policies S1, S8, D1 and H4 of the Maldon District Local Development Plan (2017), Policies HO.1 and HO.8 of the Burnham-on-Crouch Development Plan and guidance contained within the Maldon District Design Guide SPD (2017).

It was noted that the Planning department would report back regarding the Enforcement schedule.

Councillor Fluker requested that the plans presented by Planning Officers at the Committee be embedded in the actual committee reports circulated with the agenda.