Agenda and draft minutes

South Eastern Area Planning Committee
Monday 14th January 2019 7.30 pm

Venue: Burnham Town Council Offices, Chapel Road, Burnham-on-Crouch

Contact: Committee Services 

Items
No. Item

730.

Chairman's notices

Minutes:

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

731.

Apologies for Absence

Minutes:

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

732.

Minutes of the last meeting pdf icon PDF 103 KB

To confirm the Minutes of the meeting of the Committee held on 3 December 2018 (copy enclosed).

Minutes:

RESOLVED that the Minutes of the meeting of the Committee held on 3 December 2018 be approved and confirmed.

 

733.

Disclosure of Interest

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).

 

Minutes:

Councillor Mrs P A Channer, CC 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 further declared that in respect of Agenda Item 5 - FUL/MAL/18/00230 -Asheldham Pit, Southminster Road, Asheldham, as she had received a copy of correspondence between the applicant and Essex County Council in support of the application.

 

Councillor R Pratt, CC 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. With reference to Agenda Item 5 - FUL/MAL/18/00230 -Asheldham Pit, Southminster Road, Asheldham he declared that given he was not present at the meeting on 16 July 2018, where this was deferred, he would not be partaking in the discussion or voting on this item as it was a continuation from the previous meeting.

 

Councillor A S Fluker declared a non-pecuniary interest in Agenda Item 5 -FUL/MAL/18/00230 -Asheldham Pit, Southminster Road, Asheldham and Agenda Item 6 - FUL/MAL/18/01111- Land North Of Asheldham Hall Farm, Hall Road, Asheldham, Essex, as he knew the applicants.

 

Councillor R G Boyce, MBE declared a non-pecuniary interest in Agenda Item 7 - FUL/MAL/18/01297 - Market Site, High Street, Burnham-on-Crouch as Chairman of the Promoting Committee. In respect of Agenda Item 5 - FUL/MAL/18/00230 -Asheldham Pit, Southminster Road, Asheldham, he also declared that given he was not present at the meeting on 16 July 2018, where this was deferred, he would not be partaking in the discussion or voting on this item, as it was a continuation from the previous meeting.

 

Councillor B S Beale declared a non-pecuniary interest in Agenda Item 5 - FUL/MAL/18/00230 -Asheldham Pit, Southminster Road, Asheldham, as he knew the applicant.

 

Members registered frustration once again regarding the impact of General Data Protection Regulation (GDPR) on information contained in the reports. 

 

The Committee received the reports of the Director of Strategy, Performance and Governance 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.

 

 

734.

FUL/MAL/00230 - Asheldham Pit, Southminster Road, Asheldham, Essex pdf icon PDF 947 KB

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

 

Additional documents:

Minutes:

Application Number

FUL/MAL/18/00230

Location

Asheldham Pit, Southminster Road, Asheldham, Essex

Proposal

Erection of an education centre, tea room, 6x holiday log cabins, 1x staff/workers accommodation, 1x welfare cabin, 6x fish breeding pods and associated hard-standing, parking and access point.

Applicant

Mrs Lisa Brown

Agent

Mr Chris Moore - Plainview Planning LTD

Target Decision Date

31.07.2018 (EOT agreed: 18.01.2019)

Case Officer

Anna Tastsoglou

Parish

ASHELDHAM 

Reason for Referral to the Committee / Council

Major Application

Member Call In – The item has been called in by Councillor R P F Dewick on the grounds of public interest.

Following the Officer’s presentation the Members debated the application.

 

It was noted that this was a sustainable location and that this judgement was supported by both the South Eastern Area Planning Committee (evidenced through previous approvals) and the Planning Inspector. There would be no adverse visible impact upon the character and appearance of the area and no objections had been received from the Council’s Environmental Health Officer. Furthermore, the Committee acknowledged the importance of supporting local businesses and the added value of an Education Centre for young people.

 

Councillor A S Fluker proposed that, subject to the site access coming from Tillingham Road and not Rushes Lane, the application be approved contrary to the Officer’s recommendation and this was duly seconded by Councillor Mrs B F Acevedo.

 

It was agreed that given the complexity of the application the conditions be delegated to Officers and agreed by the Chairman.

 

The Chairman put the proposal to the Committee and upon a vote being taken the application was approved contrary to the Officer’s recommendation and subject to conditions being agreed by both the Chairman and Officers following the meeting.

 

Councillors R G Boyce and R Pratt asked that it be noted that they did not partake in either the discussion or voting for the reasons outlined under Agenda Item ‘Declarations of Interest’.

 

Councillor Mrs P A Channer also wished it noted that she did not comment or vote on this application for reasons relating to the Local Development Plan and the correspondence from Essex County Council.

 

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 3210.11; 3210.12A; 3210.13; 3210.14; 3210.01A; 3210.09; 3210.07B; 3210.08B; 3210.02A; 3210.03A; 3210.04A; 3210.05; 3210.06 and 3210.10.

3          No works above ground level shall take place until details of the boundary treatment have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and be retained as such in perpetuity.

4          The development thereby approved shall be carried out in accordance with the details of the Tree Removal and Protection Map and Arboricultural Method Statement submitted as part of the Arboricultural Survey and Protection Report (February 2018 Version 2). No other trees shall  ...  view the full minutes text for item 734.

735.

FUL/MAL/18/01111 - Land North Of Asheldham Farm, Hall Road, Asheldham, Essex pdf icon PDF 620 KB

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

 

Minutes:

Application Number

FUL/MAL/18/01111

Location

Land North Of Asheldham Hall Farm, Hall Road, Asheldham, Essex

Proposal

Stationing of mobile home for rural workers for temporary period of 3 years.  Rationalisation of existing livery business to form part livery and full livery. Erection of 5 stables with associated tack room and feed store

Applicant

Mr & Mrs D Henson

Agent

Mrs Hayley Webb - Smart Planning Ltd

Target Decision Date

07.12.2018 (EOT agreed: 18.01.2018)

Case Officer

Anna Tastsoglou

Parish

ASHELDHAM

Reason for Referral to the Committee / Council

Member Call In – This item has been called in by Councillor R P F Dewick on the grounds of public interest.

 

Following the Officer’s presentation, Mrs Hayley Webb, the Agent, addressed the Committee.

 

A lengthy debate ensued where issues around temporary consent for three years, animal welfare and the importance of supporting local business were discussed. It was noted that temporary consent complied with Policy H7 of the Maldon District Local Development Plan (MDLDP) and provided applicants with the opportunity to evidence the viability of the business.  On the issue of animal welfare it was noted that in addition to the grazing available there was tack room and feed store facilities on this site.

 

Following the discussion Councillor A S Fluker, acknowledging the importance of supporting local businesses, proposed that the application be approved in accordance with the Officer’s recommendation. This was seconded by Councillor Mrs P A Channer.

 

The Chairman put the proposal to the Committee and upon a vote being taken the application was approved in accordance with the Officer’s recommendation.

 

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 mobile home hereby permitted shall be removed and the land restored to its former condition in accordance with a scheme of work to be submitted to and approved in writing by the Local Planning Authority on or before 18th January 2022 unless before that date a formal planning application for the retention of the building has been approved by the Local Planning Authority.

3          The development hereby permitted shall be carried out in complete accordance with approved drawings 17.41040 M001, 17.4104 P202 REV B, 17.4104 P204, 17.4104 P205, 17.4104 P206, 17.4104 P201 REV H, 17.4104 e101 REV D and 17.4104 M002 REV E.

4          The development hereby approved shall only be constructed of the materials specified on the application form submitted with the application and retained as such thereafter for the lifetime of the development.

5          There shall be no means of external lighting anywhere on the site edged in red on the plans hereby approved or on any other land owned by the applicant that could be used to illuminate the stables or manege unless previously agreed in writing by the Local Planning Authority.

6          There shall be no burning of stable wastes anywhere on the site edged in red on the plans hereby approved or on  ...  view the full minutes text for item 735.

736.

FUL/MAL/18/01297 - Market Site, High Street, Burnham-On-Crouch, Essex pdf icon PDF 514 KB

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

 

Additional documents:

Minutes:

Application Number

FUL/MAL/18/01297

Location

Market Site, High Street, Burnham-on-Crouch

Proposal

Change the use of a section of the Burnham-On-Crouch High Street to a weekly retail market on Tuesdays.

Applicant

Mr Richard Holmes –Maldon District Council

Agent

N/A

Target Decision Date

31/01/2019

Case Officer

Devan Lawson

Parish

BURNHAM SOUTH

Reason for Referral to the Committee / Council

Council application

 

Following the Officer’s presentation Members debated the application.

 

It was noted that the weekly retail market had been a resounding success, increasing footfall in shops. One of the ongoing problems had been the playing of music which this application addressed under condition 3.

 

Further discussion ensued on the proposed operational hours from set up at 07:00 to close at 16:00. Councillor Fluker reported that a number of residents were unhappy with the noise of set up at 07:00 and proposed that, subject to the set up time being moved to 07:15, the application be approved in accordance with the Officer’s recommendation. This was seconded by Councillor Boyce.

 

This was not progressed as some Members felt that this proposed change of 15 minutes would not make a material difference and that the current proposal moving from 06:30 to 07:00am was already a significant change. In accordance with Procedure Rule No. 13 Councillor A S Fluker requested a recorded vote be taken on the proposed amendment to a 07:15am set up.

 

The Chairman put the proposed amendment by Councillor Fluker of 07:15 set up start time, seconded by Councillor Boyce, to the Committee and the voting was as follows:

 

For the amendment

 

Councillors B S Beale, A S Fluker, R G Boyce and M W Helm.

 

Against the amendment

 

Councillors Mrs B F Acevedo, P G L Elliott, Mrs P A Channer and R Pratt.

 

There being an equality of votes the Chairman used his casting vote to support the proposed amendment and it was carried.

 

The Chairman then put the proposal to approve the application, together with the agreed revised condition of 07:15 set up time, to the Committee. Upon a vote being taken the application was approved in accordance with the Officer’s recommendation.

 

 

RESOLVED that the application and agreed amended start time of 07:15 be APPROVED subject to the following conditions:

 

1          The development shall be carried out in accordance with the following approved plans and documents: ATS/552/01/A, ATS/552./02/B.

2          The Burnham-on-Crouch 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 07:15.  All stalls and related equipment shall be removed from the site prior to 16:00 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.