Agenda and minutes

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

There were no apologies for absence.

To confirm the Minutes of the meeting of the Committee held on 10 September 2018, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 10 September 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 M W Helm declared a non-pecuniary interest as he used to own a mushroom farm and he knew the applicant on Agenda Item 5 - FUL/MAL/18/00684 – Maythorne, The Endway, Althorne. In relation to Agenda Item 6 – FUL/MAL/18/00798 – Rooms 8 & 9, Mayland Industrial Estate, Steeple Road, Mayland, he knew the supporter.

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

Councillor Mrs B F Acevedo declared a possible pecuniary interest in Agenda Item 5 – FUL/MAL/18/00684 – Maythorne, The Endway, Althorne. She informed the Committee that this was on advice from the Monitoring Officer and that she would leave the chamber for this item.

Councillor A S Fluker, in the interest of openness and transparency, declared an interest under Agenda Item 7 – OUT/MAL/18/00971 – Land North of Rosemary, Mangapp Chase, Burnham-on-Crouch, as he knew the applicant and the agent.

Councillor Mrs P A Channer declared a non-pecuniary interest as a member of Essex County Council, a consultee on planning application matters with respect generally to highways, matters of access and education primarily. She also declared a non-pecuniary interest in Agenda Item 5 - FUL/MAL/18/00684 – Maythorne, The Endway, Althorne, as she knew the agent.

Councillor P G L Elliott declared a non-pecuniary in Agenda Item 7 – OUT/MAL/18/00971 – Land North of Rosemary, Mangapp Chase, Burnham-on-Crouch as he knew the applicant.

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

To consider the report of the Director of Strategy, Performance and Governance, (copy enclosed).

A Members’ Update had been submitted reflecting the correct number of bedrooms being proposed and providing details from an additional letter of support received post publication of the report.

Following the Officer’s presentation, Councillor Paul Burgess, on behalf of Althorne Parish Council, and Mr Andrew Powl, the Applicant, addressed the Committee.

A long debate ensued and a range of issues were raised. Whilst some Members expressed sympathy with the applicant they also acknowledged the valid reasons for refusal put forward by Officers. Furthermore it was noted that although the permitted development legislation allowed for the conversion of agricultural buildings it required that new build retained the same shape and size as previous and this development did not adhere to that requirement.

It was considered that the development would represent an unsustainable form of development and represent urban sprawl into the countryside, detracting from the character and appearance of the site and the area, contrary to both local plan policies and the principles of the National Planning Policy Framework (NPPF).

In response to questions raised Officers advised that the material consideration that is the former prior approval application is not considered to outweigh the harm highlighted above. This was for a number of reasons including that the prior approval cannot be implemented as work has already been undertaken

Councillor M J Helm proposed that the application be approved contrary to the Officer’s recommendation. This was not seconded.

Councillor R G Boyce proposed that, in light of the reasons for refusal in Section 8 of the report (specifically reasons 2 and 3), the application be refused in accordance with the Officer’s recommendation. This was not seconded.

The Chairman then put the Officer’s recommendation to the Committee and upon a vote being taken the application was refused.

RESOLVED that the application be REFUSED for the following reasons:

1.         The application site lies within a rural location outside of the defined

settlement boundary of Althorne 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 substantially alter the open character and intrinsic beauty of the countryside and would detract from the agricultural character and appearance of the site as  ...  view the full minutes text for item 500.

To consider the report of the Director of Strategy, Performance and Governance, (copy enclosed).

A Members’ Update had been submitted advising that Essex Highways Authority had no objection and detailing comments from an additional letter of support received post publication of the report.

Following the Officer’s presentation, Ms Karen Pattie, a Supporter, and Mrs Emma Turnbull, the Applicant, addressed the Committee.

A discussion ensued and Members agreed that this application would be of benefit to the local community. Furthermore, the proposed use, subject to conditions, would not materially harm the amenities of the occupiers of neighbouring residential properties.  The proposal would not cause adverse issues in relation to the character and appearance of the area and would provide sufficient vehicle parking and access.

Councillor Mrs P A Channer said she welcomed the application and would move to approve the application in accordance with the Officer’s recommendation with the conditions outlined below.

Upon a vote being taken 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.

2.         The development shall be carried out in accordance with the following

approved plans and documents: Front Elevation Plan, Site Block Plan, TQRQM18177202504, Front Elevation, Location Plan.

3.         The premises shall only be used as/for Yoga Studio purposes and for no other

purpose including any purpose as defined within Class D2 of the Schedule to

the Town & Country Planning (Use Classes) Order 1987 (as amended) (or in

any provision equivalent to that Class in any statutory instrument revoking or

re-enacting that Order) and for no other purpose.

4.         The Yoga Studio (D2) use hereby permitted shall only be undertaken between

0900 hours and 2100 hours on Mondays to Sundays and Bank Holidays.

5.         No amplified music, speech or other such sounds resulting from the use of the

application site shall exceed a noise rating level of 5dB(A) below the background noise level as determined by the procedures set out within BS4142:2014 and measured from the façade of any residential premises.  In the event that an assessment is required to establish noise levels generated at the site, such an assessment shall be carried out by a suitably qualified and experienced acoustic consultant who is a member of the Institute of Acoustics.

6.         No floodlighting or other external form of illumination of the site shall be

undertaken without the express consent of the local planning authority.

To consider the report of the Director of Strategy, Performance and Governance,  (copy enclosed).

A Members’ Update was submitted detailing comments from Natural England received post publication of the report.

It was established that the application was called-in by Councillor R Pratt on behalf of Burnham Town Council on the 25^th August 2018. 

Following the Officer’s presentation a debate ensued this included discussion on a major planning application that had been allowed at appeal. The Officers indicated where the site was located in relation to the application site. A number of Members considered that the parcel of land highlighted by Officers was incorrect. Members agreed that in order to make a decision on the application they needed all information available.

Councillor B S Beale proposed that the application be deferred which would afford Officers the opportunity to clarify the site location. This was duly seconded.

The Chairman put the proposal to defer the application to the Committee and upon a vote being taken this was agreed.

RESOLVED that the application be DEFERRED in order to clarify the site location of the development approved at appeal under OUT/MAL/14/00845 and to confirm that the Member Call-in procedure was carried out in full.