Agenda and minutes

South Eastern Area Planning Committee - Wednesday 8th December 2021 7.30 pm

Venue: Council Chamber, Maldon District Council Offices, Princes Road, Maldon. View directions

Contact: Committee Services  Email:


No. Item


Appointment of a Chairman for the Meeting


In the absence of the Chairman and Vice-Chairman the Lead Specialist Place opened proceedings and called for nominations to the position of Chairman. Councillor M W Helm proposed Councillor R P F Dewick, and this was seconded by Councillor Mrs. P A Channer. The Committee agreed this by assent.





Chairman's notices


The Chairmanwelcomedallpresentandtookthe Committeethroughsomegeneralhousekeepingissues.


Apologies for Absence


Apologies for absence were received from Councillors V J Bell, A L Hull and N Skeens.


Minutes of the last meeting pdf icon PDF 235 KB

To confirm the Minutes of the meeting of the Committee held on 13 October 2021, (copy enclosed).


RESOLVED that the Minutes of the meeting of the Committee held on 13 October 2021 be approved and confirmed. 


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).



The following councillors declared on agenda Item 5 21/00745/VAR - Land Rear of Red Lyons Farm, Burnham Road, Latchingdon, Essex.


Councillor R G Boyce declared a non-pecuniary interest as he had received an email from the agent to remind him not to pre-determine having called in the application. He reassured the Committee that he had never pre-determined any application.


Councillor M G Bassenger declared a non-pecuniary interest having been contacted by both parties. He also stressed he had no pre-determination.


Councillor W Stamp declared a non-pecuniary interest as a member of Essex County Council a consultee on this agenda item and she also had communication with the applicant.


Councillor M W Helm declared a non-pecuniary interest as he had a business close by and had communications from various parties. He added that he had cleared his attendance at the meeting with the Monitoring Officer.


Councillor A S Fluker declared a non-pecuniary interest having received and acknowledged an email from the applicant. 


21/00745/VAR - Land Rear of Red Lyons Farm, Burnham Road, Latchingdon, Essex pdf icon PDF 444 KB

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


Additional documents:


Application Number



Land Rear Of Red Lyons Farm, Burnham Road, Latchingdon, Essex


Variation of condition 2 on approved application 14/00418/FUL (Change of use of unit 10 from a restricted B8 use (Household Storage) to B1) Change the permitted working to 6:00 until 20:00 Monday to Saturday.


Mr J Sinclair


Miss Catrin Davies - Warner Planning

Target Decision Date

02.11.2021 (EoT agreed: 10.12.2021)

Case Officer

Anna Tastsoglou



Reason for Referral to the Committee / Council

Member Call In

Councillor R G Boyce has called in the application for the following policy reason: LDP policy E4 (Agricultural and rural diversification)


A Members’ Update had been circulated prior to the meeting that detailed further information from Environmental Health (EH) and interested parties, as well as an additional condition (condition 8). The EH information dealt with recent complaints regarding noise nuisance from Unit 10 and advised that a more specific noise assessment would be secured through the imposition of a condition. Following the Officer’s presentation, an Objector Mr Bennett and the Agent Mr Warner addressed the Committee.


A lengthy debate ensued opened by Councillor Boyce who had called in the application as he was aware of the problems across the site and the adverse impact industrial sites had on neighbouring properties. Members raised issues around human rights, the length of the proposed business hours, the types of business in operation and the cumulative effect of noise from this unit and across the site.


The consensus was that the noise would have a detrimental impact on the amenity of neighbouring properties, corroborated by the fact EH required a specific noise assessment conditioned and compounded by the long hours of business. Given the concerns Councillor Stamp, referring to the adverse impact on residential amenity and other concerns and questions raised, proposed that the application be deferred and this was duly seconded by Councillor Helm.


The Chairman put the proposal to defer the application to a future meeting to allow for further information to be provided in respect of various matters, including noise and the lawful use of the site to the Committee and it was agreed.


RESOLVED that the application be DEFERRED in order to provide additional information in relation to various matters including noise and the lawful use of the site.