Agenda and minutes

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

An apology for absence was received from Councillor R G Boyce, MBE.

To confirm the Minutes of the meeting of the Committee held on 11 March 2019, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 11 March 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 M W Helm declared a pecuniary interest in Item 5 – OUT/MAL/18/01034 – Mapledean Poultry Farm, Mapledean Chase, Mundon, Essex – as the applicant was known to him and he informed the Committee that he would leave the Chamber for 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.

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.

Councillor Helm left the Chamber.

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

The Chairman reminded the Committee that this application had been approved subject to conditions at the South Eastern Area Planning Committee held on 11 March 2019. It was before the Committee this evening for approval of the conditions and heads of terms only.

Councillor Fluker proposed that the conditions and heads of terms be approved in accordance with the Officer’s recommendation and this was duly seconded by Councillor Mrs Acevedo.

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

RESOLVED that the heads of terms and conditions be APPROVED as follows: -

HEADS OF TERMS OF ANY SECTION 106 AGREEMENT

·                   Prior to first use of the site, the existing bus stops on either side of Maldon Road nearest the proposed site access shall be improved. The northbound stop (towards Mundon) shall be provided with a new pole and flag, timetable information and raised kerbs to facilitate pedestrian and wheelchair access. The southbound stop (towards Latchingdon) shall be provided with a new pole, flag and timetable information. Full details are to be agree with the Highway Authority.

·                   A new two-metre-wide pedestrian footway shall be provided along the eastern side of Maldon Road from a point opposite the aforementioned northbound bus stop to the main Mapledean Industrial Estate site access. Dropped kerbs and tactile paving shall also be provided to connect to the existing footway on the south side of the access junction.

·                   A monitoring fee of £5,000 (plus the relevant sustainable travel indexation) will be payable on first use of the development, to cover the 5-year period.

PROPOSED CONDITIONS

1       Details of the layout, 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 Local Planning Authority.  The screening as approved shall be constructed prior to the first use of the development to which it relates and be retained in  ...  view the full minutes text for item 2033.

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

A Members’ Update was submitted that detailed additional representations from Parish/Town Councils and interested parties.

The Chairman informed the Committee he had previously done business with the applicant, but it did not constitute an interest.

Following the Officer’s recommendation, Mr Mark Jackson, the Agent, addressed the Committee.

A discussion ensued where Members discussed both the potential merits and demerits of this application. Some felt that it could be to the detriment of the rural environment whilst others saw it as an opportunity for increased employment and rural enterprise. It was acknowledged that not having details of consultees was unhelpful.

Councillor Mrs Acevedo, a Ward Member, said she was supportive of rural enterprise but not to the detriment of the area, therefore, she agreed with the Officer’s recommendation. Councillor Helm supported the need for developing business units that increased rural employment, reduced car usage and resulted in less pollution.

Councillor Fluker concurred with this and pointed out that whilst this was not a designated employment site within the Local Development Plan (LDP) employment land did not have to come forward in line with housing land. He then referred to the Corporate Plan where the Council had committed to delivering strategic employment sites in accordance with the LDP, together with supporting rural businesses and diversification.

Councillor P G L Elliott expressed surprise around the issue of noise as the existing developed site operated without causing undue disturbance. He proposed that the application be approved contrary to the Officer’s recommendation and this was seconded by Councillor Pratt who saw this as a great opportunity to extend a local existing business.

It was agreed that hours of operation be conditioned to ensure there was no detriment to neighbouring properties during weekends and bank holidays.

The Chairman put the proposal to approve to the Committee. This was approved, contrary to the Officer’s recommendation and subject to conditions, including one on hours of operation, being delegated to Officers, Ward Members and the Chairman for agreement.

RESOLVED that the application be APPROVED subject to conditions being agreed by Officers, Ward Members and the Chairman outside of the meeting.    

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

A Members’ Update had been submitted that detailed revisions to the application form and further supporting information from both the applicant and agent.

Following the Officer’s presentation, Mr David Mc Hattie, an Objector, and Mr Ashley Robinson, the Agent, addressed the Committee.

A discussion ensued where Members debated the adverse impact of the garage on local amenity and conversely, the fact that there were other existing examples that were even bigger.

Councillor Pudney, a Ward Member, reported he had visited the site and was in agreement with the Officer’s recommendation of refusal.

Councillor Pratt said that the demonstrable harm was caused by the overbearing nature of the size of the garage, which would block natural light to all recreation areas outside property number 6.

Councillor P G L Elliott addressing the issue of the size of the development stated that there were other examples on the estate that were even bigger. He said that people were taking the opportunity to extend their properties and proposed that the application be approved, contrary to the Officer’s recommendation. This was seconded by Councillor Acevedo.

The Chairman asked the Committee for reasons for approval. Councillor P G L Elliott felt that the development fitted with the street scene and it was not a separate dwelling.

The Chairman put the proposal to approve contrary to the Officer’s recommendation to the Committee. Upon a vote being taken this was rejected.

The Chairman then put the Officer’s recommendation of refusal to the Committee including an additional reason covering the negative impact on light and overbearing. Upon a vote being taken this was carried.

RESOLVED that the application be REFUSED for the following reasons:

1     The proposed development, by virtue of its scale and mass, siting forward of the host dwelling and proximity to the boundaries of the site, would result in a dominant addition to the application site and cause harm to the character and appearance of the site, the streetscene of The Cobbins and the locality in general.  The proposal is therefore unacceptable and contrary to policies D1 and H4 of the Maldon District Local Development Plan, policy HO.8 of the Burnham-on-Crouch Neighbourhood Development Plan and the NPPF.

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

A Members’ Update was submitted that detailed comments from an External and Statutory Consultee.

Following the Officer’s presentation, the Applicant, Ms Emma Regan addressed the Committee.

Councillor Pudney, having visited the site, said he could not support the application as he had concerns regarding the narrow access. He proposed approval of the Officer’s recommendation to refuse. Councillor Mrs Acevedo added that the parking space was inadequate.

Councillor P G L Elliott felt that whilst a lot consideration had gone into the application the access was problematic and he seconded the proposal.

The Chairman put the Officer’s recommendation to refuse to the Committee and it was agreed.

RESOLVED that the application be REFUSED for the following reasons:

1.      The proposed development would result in an unacceptable form of backland development which would detrimentally impact on the existing character and appearance of the site and on the prevailing pattern of development within the area. The development would therefore be unacceptable and contrary to policies S1, D1 and H4 of the Maldon District Local Development Plan (2017), policy HO.8 of the Burnham-on-Crouch Neighbourhood Development plan and guidance contained within the National Planning Policy Framework (2019) and the Maldon District Design Guide (2017).

2.      The site is located in a backland location and would be served by a substandard, contrived and dangerous means of access and vehicle parking spaces which would adversely affect the safe and convenient passage of vehicular and pedestrian users of the access. This would discourage future occupiers to use alternative to vehicle modes of transport and it would be indicative of the unsuitability of the site to accommodate the proposed residential development.  The proposal would be therefore unacceptable and contrary to the National Planning Policy Framework and policies, S1, D1, T1 and T2 of the Maldon District Local Development Plan (2017), and guidance contained within the Maldon District Design Guide (2017).

Councillor Mrs Channer declared a personal interest in the Agenda Item 9 – HOUSE/MAL/19/00122 – Oakleigh, 48 Mountview Crescent, St. Lawrence, and informed the Committee that she would remove herself from the Chamber for this item of business.

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

A Members’ Update was submitted that detailed a further letter of objection.

Following the Officer’s presentation, Mr Mark Jackson, an Objector, and Mrs Fallon Lear, the Applicant, addressed the Committee.

Members debated the application and concluded that its style and design was acceptable and would not have a detrimental impact on the locality. In addition, the proposal was not considered to have an overbearing impact on the amenity of neighbouring residents. 

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

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 drawing:  MOUNTVIEW/01, MOUNTVIEW/04, MOUNTVIEW/02, MOUNTVIEW/03, MOUNTVIEW/05, MOUNTVIEW/06, MOUNTVIEW/07, MOUNTVIEW/08.

3.         The external surfaces of the development hereby approved shall be constructed of materials and finish as detailed on plans MOUNTVIEW/07, MOUNTVIEW/08. 

4.         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) no dormer window or other form of addition or opening shall be constructed in the roof or gable walls of the building(s)/ extension hereby permitted without planning permission having been obtained from the local planning authority.

5.         Notwithstanding the provisions of Article 3 of the Town and Country Planning5. (General Permitted Development) Order 2015 (or any order amending, revoking or re-enacting that Order) the garage hereby permitted shall be used only for the parking of a motor car in connection with the residential use of the property.

6.         Prior to the first occupation of the extension hereby permitted, the first-floor window(s) in the northern elevation shall be glazed with opaque glass and of a non- openable design with the exception of a top hung fanlight (which shall be at least 1.7m above internal floor level) and shall be retained as such thereafter.

7.         The roof area of the single storey element of the extension hereby approved shall not be used as a storage area, balcony, roof garden or similar amenity area.

Councillor Mrs Channer returned to the Chamber.

Councillor Dewick, the Chairman, took the opportunity to extend thanks to the Committee and Officers for all their hard work and attention over the past four years and wished all well in the future.

Councillor Fluker, as Vice-Chairman and on behalf of the Committee, expressed thanks to the Chairman for his expedient and professional management of the meetings over the past four years.

Councillor Mrs Acevedo thanked all Members of the South Eastern Area Planning Committee for their support over the past four years with special thanks to Councillor Boyce as he had been the best joint Ward Member she could have asked for.