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 M W Helm and N J Skeens.

To confirm the Minutes of the meeting of the Committee held on 9 September 2019, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 9 September 2019 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 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. With reference to  Agenda Item 5 - FUL/MAL/18/01518 - Sandbeach, Hockley Lane, Bradwell-on-Sea, Essex CM0 7QB deferred from the committee on 15 July 2019 she advised that she would not be taking part in the discussion or voting as she had not been present at the 15 July meeting. She also tendered her apologies as she would need to leave before the end of the meeting.

In response to a question regarding Agenda Item 10 - FUL/MAL/19/00861- Chartwell, 120 Maldon Road, Burnham-On-Crouch, Essex, CM0 8DB, the Lead Specialist Place clarified that, although a previous application had been submitted to Committee on 15 July 2019, this was a new application and as such open to all Members to debate and vote on.

Councillor A S Fluker declared in the interests of openness and transparency on two applications; Agenda Item 7- FUL/MAL/19/00782 - Bacons Cottages, Glebe Lane, Dengie as he knew both the applicant and agent and Agenda Item 9 - FUL/MAL/19/00841 - Land Rear Of 148 Station Road, Burnham-On-Crouch, Essex as he knew the applicant. 

Councillor A L Hull declared a non-pecuniary interest in Agenda Item 8 - FUL/MAL/19/00834 - The Ship Inn, 52 High Street, Burnham-On-Crouch. 

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 a further letter of representation objecting to the application and additional comments from the agent.

It was noted that this application had been deferred from the South Eastern Area Planning Committee on 15 July 2019, to allow for the submission of an Ecology Report.

Following the Officer’s presentation Michael Harris, an Objector and Charlene Nathan, the Applicant, addressed the Committee.

A debate ensued where issues raised previously around sustainability, dogs off leads and increase in the volume of traffic were raised. The Committee then discussed the findings of the Ecology Report which concluded that the buildings and vegetation within the site were found to have negligible or low potential to support bats. The report also found it unlikely that any other habitats or species would have been adversely affected by the development. However, it was noted that Essex Wildlife Trust objected to the application on the basis that the dogs were not always walked on leads.

Councillor Fluker proposed that, in light of the applicant having addressed the previous reason for deferral by submitting a satisfactory Ecology Report, the Committee support the Officer’s recommendation. He further proposed that, on advice from the Lead Specialist Place, an additional condition be imposed on the approval to restrict the number of kennels. This was duly seconded. 

The Chairman put the proposal to the Committee to approve the application in accordance with the Officer’s recommendation, subject to the inclusion of a condition to restrict the number of kennels. Upon a vote being taken it was agreed.

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

1.                  The use hereby permitted of the area hatched red within the application site on the attached plan shall only be as a dog rescue centre.

2.                  The residential use of the site shall be contained within the original dwellinghouse and its curtilage and outside of the area hatched red within the application site on the attached plan.

3.                  The occupation of the dwelling shall be limited to a person solely or mainly working for the dog rescue use hereby permitted and the person’s household as long as the dog rescue use hereby permitted is taking place. 

4.                  The caravan hereby permitted shall only be used for purposes ancillary to the use of the site as a dog rescue to attend to medical needs of the dogs before their adoption.

5.                  The caravan hereby permitted shall not  ...  view the full minutes text for item 456.

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

A Members’ Update was submitted summarising two additional letters received, one commenting on the application and one objecting.

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

A debate ensued where some Members raised concerns around design and inadequate parking provision. Other Members, acknowledging the need for social housing, welcomed the application.

In response to issues raised the Lead Specialist Place advised that the parking provision of seven spaces, outlined in section 5.5. of the report, met the requirements of the scheme. That the provision of a charging point should be viewed as betterment as it was not a requirement in a scheme of this size and that the scheme was policy compliant in terms of meeting requirements for disabled people. With reference to conservation issues in respect of nearby listed buildings, he said that the site would not affect the setting.

Councillor Fluker, whilst acknowledging that the applicant had met some of the reasons for refusal, felt that the parking provision did not accord with Maldon District Council’s Parking Supplementary Planning Document (SPD). He said this would escalate problems on Kings Road with increased off-street parking. He proposed that the application be refused, contrary to the Officer’s recommendation, as it did not accord with Policy D1 of the Local Development Plan (LDP), in terms of design, scale size and bulk, Policy C15 of the Maldon District Design Guide (MDDG) for corner sites and failed to meet vehicle parking standards, in particular paragraph 4.4.3.of the Parking SPD. This was duly seconded.

In accordance with Procedure Rule No. 13 (3) Councillor A S Fluker requested a recorded vote. 

For the proposal:

Councillors R G Boyce, MBE, Mrs P A Channer, A S Fluker and A L Hull.

Against the proposal:

Councillors  M G Bassenger, B S Beale, MBE, V J Bell and W Stamp.

There being an equality of votes the Chairman exercised his casting vote in support of the Officer’s recommendation and the proposal to refuse the application failed.

Councillor W Stamp then proposed that the application be approved in accordance with the Officer’s recommendation. This was duly seconded.

The Chairman put the proposal to support the application to the Committee. Upon a vote being taken the application was approved.

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

1.             The development hereby  ...  view the full minutes text for item 457.

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

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

The Chairman opened the discussion by saying that this application was similar to others approved by this Committee, enabling families to look after their dependents, close to home. He said that as Ward Member he was happy for the application to be approved.

Councillor Fluker said that he agreed as it was important and in line with the Corporate Plan to work with partners in maintaining people’s health and wellbeing. Furthermore, the proposed building enhanced the site and it had the support of the parish council. He said he was happy to support the proposal with, if possible, the proviso it be restricted, by a condition or by way of a S106 agreement, whereby it could not be separated. 

The Lead Specialist Place, referring to comments raised around the Specialist Housing Policy and the aforementioned proposal, advised that this in effect was not an application for an annexe as the applicant had stated a minimal relationship with the main dwelling, for washing purposes only, and that this did not constitute an ancillary use.

The Chairman said that it was imperative applicants were supported and advised appropriately during the application process and that given similar applications had been approved it was up to the Committee to find a solution to tie the annexe with the main dwelling house.

Councillor Fluker, referring to page 69 of the report, reiterated the applicant’s proposal for the construction of an annex for occupation by elderly family members. He then proposed that the application be approved contrary to the Officer’s recommendation and that a condition be imposed restricting the use of the building to the family members only. This was seconded by Councillor Beale.

The reason for approval was agreed as actively supporting residents in providing accommodation for elderly family members to support health and wellbeing.

The Chairman put the proposal to support the application to the Committee, contrary to the Officer’s recommendation and subject to suitable standard conditions delegated to Officers (materials, time etc.) to tie the annexe to the existing building, Bacons Cottages. Upon a vote being taken the application was 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) The Town & Country Planning Act 1990 (as amended).

2.       The development hereby permitted shall be carried out in accordance with the following approved plans and documents: TMA/824/01, TMA/824/02 REV A, TMA/824/03 Rev A, TMA/824/04, TMA/824/05. 

          REASON To ensure that the development is carried  ...  view the full minutes text for item 458.

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

Following the Officer’s presentation, Mr Justin Cracknell, the Applicant, addressed the Committee.

Councillor Stamp said she had called this in due to concerns with the wording in the condition stating ‘removal of the food extraction system’ which would result in the closure of the business, should it be acted upon. 

The Lead Specialist Place, in response, said that the condition was a pragmatic approach to safeguard the business. This would sit with the life of the development and protect the long-term view.

Councillor Boyce said that Environmental Health would cover any excess noise, that the legislation was well controlled and proposed that the application be supported in accordance with the Officer’s recommendation. This was seconded by Councillor Fluker.

The Chairman put the proposal to approve to the Committee, upon a vote being taken it was agreed.

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

1.               The extraction system hereby permitted shall be removed and all materials shall be removed within 3 months of the date of this decision if the noise level (rating level LAeq) arising from the extraction system, when assessed from any noise sensitive dwelling, is not at least 5 dB(A) below background (LA90) at all times.  The method of assessment will be in accordance with BS4142 methodology. The equipment shall be maintained in good working order and shall at no time in the future shall the noise level (rating level LAeq) arising from the extraction system, when assessed from any noise sensitive dwelling, exceed 5 dB(A) below background (LA90)”

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

Following the Officer’s presentation, an Objector Mr David Howes and Mr Chris Wragg, the Agent, addressed the Committee.

Councillor Bell opened the discussion by saying that the Officer’s recommendation was correct. The application was contrived and an obvious example of over development that impacted massively on neighbouring amenity.

Councillor Stamp concurred and proposed that the application be refused in accordance with the Officer’s recommendation. This was duly seconded.

The Chairman put the proposal to refuse the application to the Committee and it was agreed.

RESOLVED that the application be REFUSED for the following reasons:

1                    The proposed development by reason of its layout, mass, height, overall width, limited space between the built form and expanse of hardscaping would be detrimental to the character and appearance of the area. This is also indicative of the overdevelopment of the site and its unsuitability to accommodate the amount of development proposed. The development is therefore unacceptable and contrary to Policies S1, D1 and H4 of the Maldon District Local Development Plan (2017), Policy HO.1 of the Burnham-on-Crouch Neighbourhood Development Plan, the guidance contained in the Maldon District Design SPD and Government advice contained within the National Planning Policy Framework (2019).

2                    Plot 5 by reason of its poor design, including the large expanse of blank walls and relationship with the other dwellings would result in an unacceptable and detrimental impact on the appearance of the proposed development itself and the character of the area, contrary to Policies S1, D1 and H4 of the Maldon District Local Development Plan (2017), Policy HO.1 of the Burnham-on-Crouch Neighbourhood Development Plan, the guidance contained in the Maldon District Design SPD and Government advice contained within the National Planning Policy Framework (2019).

3          Insufficient information has been submitted in relation to provision of adequate Sustainable Urban Drainage Systems on site demonstrating that the development would not result in flood risk. The development would therefore be unacceptable and contrary to Policies S1 and D5 of the Maldon District Local Development Plan (2017) Policy EN.2 of the Burnham-on-Crouch Neighbourhood Development Plan and Government advice contained within the National Planning Policy Framework (2019).

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

A Members’ Update was received summarising objections from Burnham-on-Crouch Town Council, eleven additional letters of representations together with a comment from Cadent Gas.

The Chairman advised Members that this application, first considered at the 15 July meeting, was in front of the Committee as a new application seeking permanent change of use to a residential children’s home.

Following the Officer’s presentation Mrs Janice Overall, an Objector and Mr John Pearce, the Agent, addressed the Committee.

Councillor Bell expressed concern regarding this new application as the decision on the previous application was very fair and reasonable. Given her extensive experience in this sector she had fully supported the initiative at the July meeting but felt this new approach demonstrated a lack of respect for both the community and the planning process.

Councillor Stamp said she continued to support the application but with the additional condition of temporary consent for three years.

Councillor Bell proposed that the application be approved in accordance with the Officer’s recommendation with the additional condition of a 3-year temporary consent from date of opening. This was duly seconded.

The Chairman put the proposal to the Committee to approve the application in accordance with the Officer’s recommendation including the additional condition and it was agreed.

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

1.             Within twenty-eight (28) days from the commencement of the use of the

premises as a children’s home, a notice in writing shall be given to the Local

Planning Authority to confirm the date the use commenced. The use of the

premises as a children’s home hereby permitted shall cease three years after

the commencement of the use.

REASON It is not considered that the grant of a permanent planning permission would be appropriate and a temporary permission would enable the Local Planning Authority to re-assess the impact of the development upon the residential amenity of the neighbouring occupiers, the parking provision and the character of the area.

2.         The development hereby permitted shall be begun before the expiration of

three years from the date of this permission.

3.         The development hereby permitted shall be carried out in complete

accordance with approved drawings: Location Plan and Block Plan.

4.         The development hereby approved shall only be used as a children’s home

and for no other use within Use Class C2 of the Town and Country Planning

(Use Classes) Order 1987 (as amended) unless otherwise agreed in writing by

the local planning authority.

5.         Details of a cycle stores shall be submitted to and approved in writing by the

Local Planning Authority prior  ...  view the full minutes text for item 461.

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

A Members’ Update was submitted with a comment from Althorne Parish Council.

Following the Officer’s presentation Councillor Boyce proposed that the recommendation be agreed in accordance with the Officer’s recommendation. This was duly seconded.

The Chairman put the proposal to approve in accordance with the Officer’s recommendation to the Committee. Upon a vote being taken it was agreed.

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

1                 The development hereby permitted shall be carried out in accordance with the following plans: P001 A, P002, P003 Rev D

2                 The external surfaces of the development hereby approved shall be as set out within the application form/plans hereby approved.

3                 The development hereby permitted shall be occupied only as an extension for purposes ancillary and incidental to and in conjunction with the use of the existing property, known as Ravenscot, as a single dwellinghouse and not as a separate or independent unit of residential accommodation.

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 the response from Essex Highways.

Following the Officer’s presentation Councillor Dewick opened the discussion by saying he was happy to support this application as Ward Member, he felt it was a necessary extension for family use.

Councillor Fluker noted that this was a developing pattern whereby expanding families were choosing to stay in the area. Furthermore, the application did not adversely impact the streetscene or the amenity of neighbouring properties. He proposed that given the proposal accorded with Policy D1, H4 of the LDP and was an effective use of land, the application be approved contrary to the Officer’s recommendation. This was seconded.

The Chairman put the proposal to the Committee to approve the application, subject to conditions delegated to Officers. Upon a vote being taken it was 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 and documents: 2019.210.01, 2019.212.02, 2019.212.03, 2019.212.04, 2019.212.05 

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 the character and appearance of the area in accordance with policy D1 of the approved Local Development Plan and guidance contained within the National Planning Policy Framework.

4.                       The development hereby permitted shall be occupied only as an extension for purposes ancillary and incidental to and in conjunction with the use of the existing property, known as 2 Brook Lane, Asheldham, as a single dwellinghouse and not as a separate or independent unit of residential accommodation.

REASON To protect the amenity of neighbouring occupiers, in accordance with policy D1 of the Maldon District Local Development Plan.