Agenda and minutes

TheChairman welcomed everyone to the remotemeeting, held undernew regulations

which came into effect on 4 April 2020 in response to the COVID-19 pandemic.  He took Membersthrough the etiquette forthe meetingandthen asked OfficersandCouncillorsin attendanceto introducethemselves.

This was followed by aroll call of CommitteeMembers present.

There were none.

To confirm the Minutes of the meeting of the Committee held on 17 February 2021 (copy enclosed).

RESOLVED by assent that the Minutes of the meeting of the Committee held on 17 February 2021 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, disclosed a non-pecuniary interest in all items on the agenda as a member of Essex County Council, a consultee on highways, access, waste, education and all planning related matters.

Councillor M G Bassenger disclosed a non-pecuniary interest in Agenda Item 7- 20/01275/FUL, Commercial Area, Bradwell Marina, Waterside Road, Bradwell-on-Sea, as he was a member of the same tennis club as the grandson of the owner of the Bradwell Marina.

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

A Members’ Update had been circulated prior to the meeting that detailed a second consultation from the Parish Council. A further verbal Members’ Update was received detailing an additional condition for section 8 of the report, that ensured the first floor windows on both the northern side elevation of plot 1 and the southern side elevation of plot 2 were obscure glazed and of a non-opening design.

Following the Officer’s presentation, the Chairman opened the debate.

Councillor Channer, having called in the application, referred to paragraph 3.3.1 of the Officer’s report that stated, ‘on balance the proposed development would be acceptable and in accordance with the National Planning Policy Framework’. She expressed concern regarding the small size of the properties and the overall design in relation to other properties in the surrounding area. These concerns were echoed by both Councillor Bell and Councillor Helm. It was noted that whilst small properties were needed in the area, these looked squeezed into a small space.

The Lead Specialist Place referred to the Officer’s report at paragraph 3.1.1 where it was noted that the site was an eclectic mix of properties in terms of design and appearance. He reminded Members that as decision-makers it was imperative to decide if this application would cause demonstrable harm to the area given the existing mix and design of properties.

There being no further discussion the Chairman moved the Officer’s recommendation to approve the application subject to all conditions and this was seconded by Councillor Beale.

Following a vote and there being an equality of votes the Chairman used his casting vote and 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: MA-1006-01, MA-1006A-02B, MA-1006A-03, MA-1006A-04A and MA-1006A-05A

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.       Prior to the occupation of the dwelling hereby approved, full details of both hard and soft landscape works shall be submitted to and approved in writing by the  ...  view the full minutes text for item 321.

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

A Members’ Update had been circulated prior to the meeting that detailed receipt of a  unilateral undertaking that was with the Council’s Legal Department for checking. The Update also detailed a further amendment to condition 6.

Following the Officers’ presentation, the Chairman opened the debate on the application. In response to a query about Southminster Parish Council’s view of the application, the Officer confirmed that supporting comments had been received from the council. Councillor Bell said she could see no demonstrable harm caused by this application and would support it.

There being no further comments the Chairman moved the Officer’s recommendation to  approve the application subject to conditions and completion of a s106 agreement. This was seconded by Councillor Bell.

The Chairman put the recommendation to the Committee and it was agreed by assent

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 complete accordance with approved drawings: 6774-1602-A, 6774-1401-A, 6774-1302-C, 6774-1301-B, 6774-A-1205-E, 6774-A-1204-E, 6774-A-1203-E, 6774-A-1202-B, 6774-A-1201-B, 6774-1103-B, 6774-1102-B, 6774-1101-B

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

3.         Prior to their use in the development hereby approved, details or samples of the materials to be used in the construction of the external surfaces, including windows and doors, of the development hereby approved shall 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.

REASON  To ensure the external appearance of the development is appropriate to the locality in accordance with policy D1 of the approved Maldon District Local Development Plan and the guidance contained in the Maldon District Design Guide SPD.

4.         Prior to the occupation of the development hereby approved details of the boundary treatment of the site shall be submitted to and approved in writing by the Local Planning Authority.  The boundary treatment shall be provided prior to the occupation of the dwelling hereby approved in accordance with the approved details and be retained as such in perpetuity.

REASON  To ensure the external appearance of the development is appropriate to the locality and that the development would protect the amenities of the neighbouring occupiers in accordance with policy D1 of the approved Maldon District Local Development Plan and the guidance contained  ...  view the full minutes text for item 322.

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

A Members’ Update had been circulated prior to the meeting that detailed an amendment to the plans referenced in condition 2.

Following the Officer’s presentation, the Chairman opened the debate on the application. Councillor Stamp said it was great that boat building trades and associated services were being revived and she wholeheartedly supported the application. Councillor Channer echoed this and added that it presented an opportunity for young people to gain skills and provided employment, so she supported the application.

The Chairman moved the Officer’s recommendation to approve the application subject to conditions. This was seconded by Councillor Stamp.

The Chairman put the Officer’s recommendation to the Committee and it was agreed by assent

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

1.    The development hereby permitted shall begin no later than three years from the date of this decision.

REASON To comply with Section 91(1) of The Town & Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2     The proposed development shall be carried out in complete accordance with the following plans and drawings: TMA/882/P10 B, TMA/882/P15, TMA/882/P21 B, TMA/882/P25, TMA/882/P30, TMA/882/P31, TMA/882/P22, TMA/882/P20 Rev A, TMA/882/23, Planning Statement, Economic Statement.

REASON To ensure the development is carried out as approved.

3     Prior to their use in the development hereby approved, written details and samples and/or high-quality photographs of the external materials to be used in the development shall be submitted to and approved by the local planning authority. The development shall be carried out in accordance with the details as approved.

REASON To protect the amenity of the area, in accordance with policies S8 and D1 of the LDP.

4     The development hereby approved shall only be used for a B2 General Industrial use, specifically related to the marine industry.

REASON To ensure the appropriate use of the site and to protect the amenity of the surrounding area, in accordance with policies S8 and D1 of the LDP.

5     Prior to the first use of the development hereby approved, 30 car parking spaces, measuring 2.9m wide by 5.5m deep in accordance with the Maldon District Vehicle Parking Standards, shall be laid out within the site, to the north of the building hereby approved. These spaces shall remain as such in perpetuity.

REASON To ensure appropriate parking is provided at the site, in accordance with policy D1 and T2 of the LDP.

6     The use hereby permitted shall only be undertaken between 07:00 hours and 19:00 hours on weekdays and on Saturdays and not at any time on Sundays and Public Holidays.

REASON To protect the amenity of the area and neighbouring sites, in accordance with policies D1  ...  view the full minutes text for item 323.

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

Following the Officer’s presentation, the Applicant, Mr Webber, addressed the committee. The Chairman then opened the debate on the application.

Councillor Bell noted that it was eminently sensible to ensure that construction traffic did not mix with residential traffic and supported the application.

There being no further discussion the Chairman moved the Officer’s recommendation to approve the application subject to conditions and the completion of a deed of variation to the s106 unilateral undertaking. This was seconded by Councillor Stamp.

The Chairman then put the recommendation to the Committee and it was agreed by assent.

RESOLVED that the application be APPROVED subject to the aforementioned variation and the following conditions:

1.     The development hereby permitted shall be carried out substantially in accordance with drawing number 3A received on 27.02.2015 (Site Plan) and 1475/9 (Access Arrangements).

REASON To ensure the development is carried-out as approved.

2.     The development shall be carried-out in accordance with the details approved as part of the following applications:

18/05015/DET - Compliance with conditions notification OUT/MAL/14/00613 (Creation of a new Northern Bypass/Link Road.  Conversion of Steeple Road to a cul-de-Sac. Residential development of approx. 3 hectares, for 94 houses in total, including 28 affordable houses, and all associated works.  The provision of new Public Open Space.  The allocation of 0.275 hectares of land reserved for the provision of a medical centre) Condition 5 - Proposed phasing of development.  Condition 7 - Tree retention & protection.  Condition 8 - Fencing & ground protection for trees.  Condition 9 - Foul Water Strategy.  Condition 10 - Surface water drainage scheme.  Condition 12 - Scheme to minimise the risk of off-site flooding.  Condition 16 - Ecological Survey.  Condition 18 - Construction method statement.  Condition 21 - Air quality assessment.  Condition 22 - Superfast broadband – Approved 23.11.2018

18/05022/DET - Compliance with conditions notification OUT/MAL/14/00613 (Creation of a new Northern Bypass/Link Road.  Conversion of Steeple Road to a cul-de-Sac. Residential development of approx. 3 hectares, for 94 houses in total, including 28 affordable houses, and all associated works.  The provision of new Public Open Space.  The allocation of 0.275 hectares of land reserved for the provision of a medical centre) Condition 11 - Modelling of Asheldham Brook – Approved 23.11.2018

18/05070/DET - Compliance with conditions notification OUT/MAL/14/00613 (Creation of a new Northern Bypass/Link Road.  Conversion of Steeple Road to a cul-de-Sac. Residential development of approx. 3 hectares,  ...  view the full minutes text for item 324.