Agenda and minutes

South Eastern Area Planning Committee
Tuesday 21st May 2019 7.30 pm

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

Contact: Committee Services 

Items
No. Item

78.

Chairman's notices

Minutes:

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

79.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors N J Skeens and W Stamp.

80.

Minutes of the last meeting pdf icon PDF 177 KB

To confirm the Minutes of the meeting of the Committee held on 8 April 2019 (copy enclosed).

Minutes:

RESOLVED that the Minutes of the meeting of the Committee held on 8 April 2019 be approved and confirmed.

 

81.

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 R Dewick advised the Committee that he knew the applicants under Agenda Item 9 - HOUSE/MAL/19/00396 - Lunendales Cottage, Foxhall Road, Steeple, but that he did not consider this to be detrimental to speaking and voting on this item of business.

 

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 in respect of Agenda Item 9 - HOUSE/MAL/19/00396, - Lunendales Cottage, Foxhall Road, Steeple, as he knew both the applicants and the family.

 

Councillor A S Fluker declared in the interest of openness and transparency on Agenda Item 9 - HOUSE/MAL/19/00396 - Lunendales Cottage, Foxhall Road, Steeple, as he knew both the applicants and the family.

82.

OUT/MAL/18/01476 - Tillingham Hall Farm, North Street, Tillingham, Essex pdf icon PDF 1 MB

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

 

Minutes:

Application Number

out/mal/18/01476

Location

Tillingham Hall Farm, North Street, Tillingham, Essex

Proposal

Demolition of existing agricultural buildings and erection of up to 24 No.  residential dwellings with access.

Applicant

The Dean & Chapter Of St Paul's Cathedral

Agent

Mr Steven Sensecall - Carter Jonas

Target Decision Date

15.04.2019 (EoT agreed: 21.06.2019)

Case Officer

Anna Tastsoglou

Parish

TILLINGHAM

Reason for Referral to the Committee / Council

Major Application

 

Following the Officer’s presentation, an Objector, Mr Mick Hamblion and the Agent Mr Steven Sensecall, addressed the meeting.

 

A debate ensued where both the merits and demerits of the application were discussed. Some concerns were raised including issues around highway safety and NHS provision. However, in respect of highway safety, the Highway Authority had been consulted and raised no objection in terms of highway safety, efficiency and accessibility of the site. With reference to NHS provision/contribution the Lead Specialist Place advised the Committee that the NHS only consider contributions in respect of developments of 50 and above properties.

 

Members acknowledged that this application had been through a number of iterations, that the applicant had fulfilled all the required criteria and come back with a solution for the provision of affordable housing, which made the development policy compliant.

 

Councillor Fluker proposed that the application be approved in accordance with the Officer’s recommendation. The Chairman put the proposal to approve subject to the applicant entering into a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended) to secure the planning obligations and subject to conditions as detailed in Section 8 of the report to the Committee. Upon a vote being taken this was approved.

 

RESOLVED that the application be APPROVED subject to the aforementioned legal agreement together with the following Heads of Terms and conditions:

 

 

HEADS OF TERMS OF ANY SECTION 106 AGREEMENT:

 

          To provide on-site affordable housing contribution of 25% (6 units) in accordance with Policy H1.

          To pay the Education Contribution of £43,903.44 index linked to April 2019 to the County Council on or before the occupation date.

          To pay a contribution of £122.30 per dwelling towards RAMS (Essex Coastal Recreational Avoidance and Mitigation Strategy).

 

 

CONDITIONS:

1          Details of the appearance, landscaping 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(s) for approval of the reserved matters shall be made to the Local Planning Authority no later than three years from the date of this permission.

The development hereby permitted shall begin no later than two years from the date of approval of the last of the reserved matters to be approved.

2          As part of the reserved matters details of the siting, height, design and materials of the treatment of all boundaries including gates, fences, walls, railings and piers shall be submitted to and approved in writing by the LPA.  The screening as approved shall  ...  view the full minutes text for item 82.

83.

FUL/MAL/19/00142 - Land Adjacent 104 Imperial Avenue, Mayland pdf icon PDF 695 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/19/00142

Location

Land Adjacent 104 Imperial Avenue, Mayland

Proposal

Proposed 2 bed dwellinghouse

Applicant

Mr and Mrs Sharman

Agent

Mr Greg Wiffen – Planman

Target Decision Date

24/05/2019

Case Officer

Devan Lawson

Parish

MAYLAND

Reason for Referral to the Committee / Council

Previous Committee Decision

 

The Chairman introduced the application noting that it was a previous committee decision and before the Committee with an Officer recommendation to refuse.

 

Following the Officer’s presentation an Objector, Mr John Bedford and the Applicant Mr Richard Sharman, addressed the Committee.

 

It was considered that the application would result in overdevelopment of the plot resulting in material harm to the character and appearance of the site.

 

Councillor Boyce, having considered both the detail in the Officer’s report and the public presentations, proposed that the application be refused in accordance with the Officer’s recommendation.  This was duly seconded by Councillor Fluker.

 

The Chairman put the proposal to refuse the application to the Committee and upon a vote being taken it was unanimously agreed.

 

RESOLVED that the application be REFUSED for the following reason:

 

1.         The proposed development, by virtue of the size, scale and bulk of the proposed dwelling, would appear cramped at the application site and represent the overdevelopment of the site and the surrounding area. The proposal is therefore unacceptable and contrary to the NPPF, policies D1 and H4 of the Maldon District Local Development Plan and the Maldon District Design Guide.

 

84.

FUL/MAL/19/00195 - 1 Kings Road, Southminster, Essex CM0 7EJ pdf icon PDF 953 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/19/00195

Location

1 Kings Road, Southminster, Essex, CM0 7EJ

Proposal

Redevelopment of the site to include the conversion of the existing building to provide 4 No. one bedroom flats and the erection of a two storey side/rear extension to provide 2 No. one-bedroom flats (all social rent), with associated off-street parking, amenity space, landscaping, external refuse and cycle store and external alteration.

Applicant

Ms Lisa Shead - MOAT

Agent

Miss Maria Cannavina - Prime Building Consultants Ltd

Target Decision Date

07.05.2019 (EoT agreed: 24.05.2019)

Case Officer

Anna Tastsoglou

Parish

SOUTHMINSTER

Reason for Referral to the Committee / Council

Member Call In

The application has been called-in by Councillor A S Fluker on the grounds of public interest, size, scale, bulk, design and character and appearance of the area.

 

A Members’ Update was submitted detailing two pre-commencement conditions, further comments from the Housing Team regarding the need for unite to be affordable together with additional comments from the Environmental Health Team.

 

Following the Officer’s presentation, an Objector Mr Terry Duffy, addressed the Committee.

 

At this point Councillor Fluker declared in the interest of openness and transparency on this item of business as he knew the Objector, Mr Terry Duffy.

 

Members debated the application noting that additional affordable housing was required in the area and that improving this dilapidated building would be an advantage. 

 

Councillor Fluker, whilst acknowledging the need for affordable housing, raised a number of concerns that he felt discounted the site for that purpose.  He referred to non-compliance with planning policies around corner sites (Section C15 of the Maldon District Design Guide), building design (Policy D1) and vehicle parking standards SPD. The inadequate allocated parking provision would result in unacceptable on street parking, no disabled parking space and no charging or storage facilities for mobility scooters.

 

Following further discussion between Officers and Members and taking into consideration the aforementioned issues Councillor Fluker proposed that the application be refused contrary to the Officer’s recommendation.  This was seconded by Councillor Helm.

 

The Chairman put the proposal to refuse the application to the Committee.  Upon a vote being taken the application was refused.

 

RESOLVED that the application be REFUSED for the following reasons:

 

1.         The application site is a prominent corner site an such development should be designed to define the corner space and contribute to the character through distinctive design. The proposed development, by reason of its design, would not meet these requirements.  The development would therefore be unacceptable and contrary to the National Panning policy Framework (2019), policies S1,D1,and H4 of the Maldon District Local Development Plan (2017) and the guidance contained in Section C15 (Corner Buildings) of the Maldon District Design Guide SPD (2017).

 

2.         The proposed development, by reason of the lack of off-street visitor and disabled car parking provision, lack of mobility scooter storage area and charging points for electric vehicles would result in an unacceptable form of development that would have an impact on the free flow of traffic and highway safety contrary to  ...  view the full minutes text for item 84.

85.

FUL/MAL/19/00224 - Land Rear of 32 Steeple Road, Mayland pdf icon PDF 758 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/19/00224

Location

Land Rear of 32 Steeple Road, Mayland

Proposal

Erection of 2 No. bungalows, attached garages and erection of workshop (B1)

Applicant

Mr Penny – Penny Homes Ltd. 

Agent

Mr M Jackson – Mark Jackson Planning  

Target Decision Date

24.05.2019

Case Officer

Devan Lawson

Parish

MAYLAND

Reason for Referral to the Committee / Council

Member Call in: Councillor M Helm

Reason: Public Interest

 

A Members’ Update was submitted detailing some additional background information, a revised plan, reduced parking needs, representations from Mayland Parish and a further letter of objection from a member of the public.

 

Following the Officer’s presentation Mr Paul Chandler, an Objector and Mr Mark Jackson, the Agent addressed the meeting.

 

Members debated the application in terms of the benefits of developing infill sites, employment opportunities and the welcome addition of two bungalows.

 

The Lead Specialist Place reminded Members that this application had previously been refused by this Committee.  In response Members referred to recent decisions at appeal by the Planning Inspectorate to approve similar infill sites and approve proposals for the erection of buildings outside the settlement boundaries within the District. Particular weight was given to a recent appeal at Bradwell.

 

It was further noted that the current proposal had addressed the previous objection in relation to the loss of employment land, which was considered as a positive element of the proposal and weighed in favour of the development.  Other issues considered was that the site be conditioned for B1 use with controlled daily operational hours, no operation on Sundays and Bank Holidays and parking spaces for workshop use only.

 

Councillor Boyce proposed that the application be approved contrary to the Officer’s recommendation and this was seconded by Councillor Helm.

 

The Chairman agreed that the conditions be delegated to Officers in consultation with the Chairman. 

 

The Chairman then put the proposal to approve the application to the Committee. Upon a vote being taken this was agreed.

 

RESOLVED that the application be APPROVED subject to conditions approved by Officers in consultation with the Chairman.

86.

HOUSE/MAL/19/00396 - Lunendales Cottage, Foxhall Road, Steeple pdf icon PDF 513 KB

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

 

Minutes:

Application Number

house/mal/19/00396

Location

Lunendales Cottage, Foxhall Road, Steeple

Proposal

Erection of a part single, part two storey side/front extension, erection of a first floor front extension, canopy and alterations to elevations of the existing dwelling

Applicant

Mr & Mrs Cowell

Agent

Mr Robert Parish

Target Decision Date

24.05.2019

Case Officer

Annie Keen

Parish

SOUTHMINSTER

Reason for Referral to the Committee / Council

Member Call In : Councillor A S Fluker

Reason: Public interest/size, scale and bulk, impact on location

 

Following the Officer’s presentation, the Applicant, Mrs Caroline Cowell, addressed the Committee.

 

Members debated the application and agreed that it would have no adverse impact on the street scene, if anything it would enhance the area.  The bulk and size were in accordance with modern day living and there was ample off-street parking for the occupiers of the dwelling.  It complied with the relevant policies D1, H4 and T2 of the Local Development Plan (LDP).

 

In light of the aforementioned reasons Councillor Fluker proposed that the application be approved contrary to the Officer’s recommendation and this was duly seconded. Standard conditions were agreed around timeframe, plans and materials.

 

The Chairman put the proposal to approve to the Committee and upon a vote being taken this was unanimously approved.

 

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) of the Town & Country Planning Act 1990 (as amended).

2.         The development hereby permitted shall be carried out in accordance with the following approved plans: 18-082-pp-01; 18-082-pp-02; 18-082-pp-03.

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

REASON In the interest of maintaining the character and appearance of the area in accordance with policies D1 of the approved Local Development Plan and the guidance contained in the Maldon District Design Guide (2017) and the National Planning Policy Framework (2019)