Agenda and minutes

The Chairman welcomed everyone to the meeting and took Members through some general housekeeping issues together with the etiquette for the meeting. He then asked  Officers present to introduce themselves.

This was followed by a roll call of all Members present.

Apologies for absence were received from Councillors B S Beale, V J Bell and R P F Dewick.

To confirm the Minutes of the meeting of the Committee held on 8 July 2020, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 5 August 2020 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).

All Committee Members declared a non-pecuniary interest in Agenda Item 9- 20/00345/FUL, Land Adjacent Orchard House, Nipsells Chase, Manyland, Essex, as they knew the applicant.

Councillor A S Fluker declared in the interest of openness and transparency on Agenda Item 5-19/01335/OUT, Land Adjacent Theedhams Farm, Steeple Road, Southminsterand  Agenda Item 7- 20/00404/ful, Dengie Hundred Sports Centre, Burnham-On-Crouch as he knew the applicants.

Councillor Mrs P A Channer, CC, declared a non-pecuniary interest in all items on the agenda as a member of Essex County Council, a consultee on highways, access, education and all planning related matters

Councillor A L Hull declared a non-pecuniary interest in Agenda Item 5- 19/01335/OUT,  Land Adjacent Theedhams Farm, Steeple Road, Southminster as she knew the applicant.

Councillor W Stamp declared a non-pecuniary interest in all items on the agenda as in her role as Mayor she had met a wide range of people, including various planning applicants.

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation, the Chairman addressed a public participation submission from the Applicant, Bradley Faulkner.

The Chairman then moved the Officer recommendation that planning application 19/01335/OUT – Land adjacent Theedhams Farm, Steeple Road, Southminster be refused for the reasons as detailed in section 8 of the report and this was seconded by Councillor Channer.

Cllr Fluker, having called-in the application, said that whilst he sympathised with the applicant as this was a difficult site as outlined in the report, he agreed with the Officer’s recommendation.

The Chairman then put the officer’s recommendation of refusal to the Committee. Upon a vote being taken it was refused.

RESOLVED that the application be REFUSED for the following reasons.

1.     The applicant has failed to meet the requirements of the Sequential Test and, therefore, the proposal is unacceptable on flood risk grounds, contrary to Policy S1 and D5 of the Maldon District Approved Local Development Plan and the NPPF.

2.     The application site is located in a visually prominent location, at the junction of Steeple Road and Scotts Hill/Queen Street.  Whilst the layout of the site and the appearance of the building proposed is indicative, a building with the amount of floorspace proposed has the potential to be of a size, height and position which would be visually incongruous within the street scene, to the detriment of the character and appearance of the area, contrary to Policy D1 of the Maldon District Approved Local Development Plan and the NPPF.

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

A Members’ Update was received detailing the principle of development together with comments from statutory consultees and other interested parties.

Following the Officer’s presentation, the Chairman addressed two public participation submissions, one from an Objector, Diana Bailey and one from the Applicant, Michael Carpenter.

The Chairman then moved the Officer’s recommendation that planning application 20/00097/FUL – Former Petticrows Boatyard, The Quay, Burnham-on-Crouch be refused for the reasons as detailed in section 8 of the report. This was seconded by Councillor Skeens.

A debate ensued where the overarching concern was the dominant nature of the proposed development on the town itself. Councillor Skeens commented that it was outside the strategic development area and in its current form would dwarf the town. Were it to be approved in any form going forward it should be considerably smaller. Councillor Fluker agreed and said that any future development should be more appropriate to the site.

Councillor Stamp said she had some sympathy with the applicant and proposed that the application be deferred for reconsideration by the statutory consultees and submitted to the District Planning Committee for decision. This was not seconded.

The Chairman put the duly seconded Officer’s recommendation of refusal to the Committee. Upon a vote being taken the application was refused.

It was noted that Councillor Channer had experienced some technical difficulties and in accordance with Section 4, paragraph 4.7 of the Remote Meeting Protocol (May 2020) did not vote on this item of business.

RESOLVED that the application be REFUSED for the following reasons

1                 The proposed development would result in the loss of employment land and a Protected Primary River Related Use.  Insufficient justification or evidence has been provided for the loss of this land by way of evidence that the existing use demonstrably harms the character and appearance of the area, the proposed use would be of greater benefit to the community, or that the site has been effectively marketed for sale and that there is a confirmed lack of interest.  The development would therefore have an adverse impact on the limited supply of employment generating land, contrary to policy E1 of the approved Maldon District Local Development Plan, Policy RI.3 of the Burnham-on-Crouch Neighbourhood Development Plan and guidance contained in the National Planning Policy Framework (2019).

2                 It has not been satisfactorily demonstrated that there is a need for the development proposed C2 Use, particularly in Burnham-on-Crouch, due to the impacts of other planning  ...  view the full minutes text for item 1112.

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation, the Chairman addressed a public participation submission from the Applicant, Mr Niall Hornett.

He then moved the Officer’s recommendation that planning application 20/00404/FUL – Dengie Hundred Sports Centre, Burnham-on-Crouch be approved subject to the conditions as detailed in section 8 of the report. This was seconded by Councillor Stamp.

It was noted that due to technical problems Councillor Boyce left the meeting during this item of business.

The general consensus was that this was a great initiative. Councillor Skeens raised concerns about light pollution for residents living south of the site, however, he added that he supported the application as it was encouraging exercise.

Councillor Stamp agreed and said it was important to invest in sport and that the Rugby Club activities created a great atmosphere along the seawall and Riverside Park. She commended them for their hard work both in the community and throughout the Dengie. This was echoed by Councillor Hull who felt it a very good idea, particularly during the pandemic.

Councillor Fluker agreed that the work of the Rugby Club was to be commended and supported the application. Referring to light pollution issues experienced in Maldon he asked if it was likely to be a problem for boats on the river at night-time.

The Lead Specialist Place reassured Members that the lights were conditioned to ensure they were positioned facing onto the pitch so would not be problematic for those using the river at night. Furthermore, they would be on a timer and only be in use when training was in play.

The Chairman then put the duly seconded Officer’s recommendation of approval to the Committee. Upon a vote being taken this was unanimously approved.

RESOLVED that the application be APPROVED subject to the following conditions

1.             The proposed development shall be carried in complete accordance with the following plans and documents: 20-06-00Lp Rev A – Location Plan, 20-06-001 Rev A – Existing Block Plan, 20-06-002 Rev A – Proposed Block Plan, Planning Statement & Appendices.

REASON:To ensure the development is carried out in accordance with the details as approved.

2.             The lighting hereby approved shall only be in operation between the hours of 17:00 to 21:00 Monday to Thursday inclusive, between October and March each year.  The lighting shall not be in use outside of these times.

REASON:To protect the character of the area and the residential amenity of neighbouring sites, in accordance with policies D1 and H4 of the Maldon District Local Development Plan and the guidance contained within the National Planning Policy Framework.

3.             Prior to the erection of the lighting heads and the first use  ...  view the full minutes text for item 1113.

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

A Members’ Update had been circulated confirming that this application had been withdrawn.

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

A Members Update was received providing some further background information.

Following the Officer’s presentation, the Chairman moved the recommendation to approve the application subject to the conditions as detailed in section 8 of the report. This was seconded by Councillor Hull.

There being no further debate the Chairman put the Officer’s recommendation of approval to the Committee. Upon a vote being taken it was approved.

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 approved plans and documents: 1117/01, 1117/02 and 1161/07.

            REASON:  To ensure that the development is carried out in accordance with the details as approved.

2.       The external surfaces of the building shall be constructed of the materials as approved under the terms of application 20/05040/DET unless an alternative scheme is submitted to and approved in writing by the Local Planning Authority.

            REASON:  To ensure that the details of the proposal are acceptable and in the interests of local amenity in accordance with policy D1 of the Maldon District Local Development Plan.

3.       Notwithstanding the content of Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or any act or order revoking or re-enacting that order) the building hereby approved shall only be used for purposes related to or ancillary to agricultural operations occurring at the application site.

            REASON:  In the interests of sustainability in accordance with policies S1, S8, E4 and D1 of the Maldon District Local Development Plan 2015.