Agenda and draft minutes

South Eastern Area Planning Committee - Thursday 19th May 2022 7.30 pm

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

Contact: Committee Services  Email: Committee.Clerk@maldon.gov.uk

Media

Items
No. Item

63.

Chairman's notices

Minutes:

The Chairman welcomed everyone present and went through some general housekeeping arrangements for the meeting.

 

64.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors M G Bassenger and V J Bell.

65.

Minutes of the last meeting pdf icon PDF 272 KB

To confirm the Minutes of the meeting of the Committee held on 6 April 2022, (copy enclosed).

Minutes:

RESOLVED by assent that the Minutes of the meeting of the Committee held on 6 April 2022 be approved and confirmed.

 

66.

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).

 

Minutes:

Councillor N J Skeens declared a non-pecuniary interest on Agenda Item 7 as he was friends with the owner and Agenda Item 8 as he knew the architects.

 

Councillor R G Boyce, MBE, declared a non-pecuniary interest in Agenda Item 5.

 

Councillor W Stamp, CC, declared a non-pecuniary interest as a Member of Essex County Council, a statutory consultee on all planning related matters.

 

Councillor A S Fluker and Councillor R P F Dewick declared a non-pecuniary interest in Agenda Item 6 as they were acquainted with the agent.

 

Councillor M W Helm declared a non-pecuniary interest in Agenda Item 8.

67.

21/00745/VAR - Land Rear of Red Lyons Farm, Burnham Road, Latchingdon, Essex pdf icon PDF 216 KB

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

 

Additional documents:

Minutes:

Application Number

21/00745/VAR

Location

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

Proposal

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.

Applicant

Mr J Sinclair

Agent

Miss Catrin Davies - Warner Planning

Target Decision Date

02.11.2021 (EoT agreed: 10.12.2021)

Case Officer

Anna Tastsoglou

Parish

LATCHINGDON

Reason for Referral to the Committee / Council

Member Call In

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

 

The Chairman introduced the application and reminded Members that this had been considered and deferred at the Committee meeting held on 8 December 2021.  He advised that since then the applicant had lodged an appeal for non-determination Officers were requesting the views of this Committee, whether it was minded to approve or refuse, which would form part of the appeal paperwork for the Planning Inspectorate to make the final decision.

 

Councillor Boyce then asked for clarification regarding the basis of the previous deferral, whether it was awaiting further information from officers or the applicant.  In response the Specialist: Development Management advised during the presentation that in spite of a number of attempts to obtain additional information regarding various matters including noise and the lawful use of the site, to date, no information had been submitted and no response received from the applicant within the agreed timescales.  Subsequently, on 5 April 2022 a letter was received from the Planning Inspectorate stating non-determination, therefore, the application was to be determined by the Planning Inspectorate.  Following the Officer’s presentation an Objector, Mr Bennett, addressed the Committee.

 

The Chairman then opened the discussion and a lengthy debate ensued.  Councillor Boyce, having called in the application, said that the hours of use were unsuitable for a residential area, the conditions were unenforceable and that it was only fair to use evidence from other units in order to refuse the application.  He said he had great sympathy with the objector, but he would not be voting in case he was deemed to have a bias.  He concluded by saying that the Local Planning Authority, given it’s handling of this issue, should request a Hearing regarding this matter

 

Councillor Fluker called for additional conditions to protect the amenity of local residents, particularly the issue of noise emissions.  He referred to the Environmental Health Officer’s report on the website that stated dissatisfaction regarding the inadequate noise assessment on Unit 10 and the monitoring used in the assessment. He also had expected to be presented with more up-to-date information at this meeting and that the issues should be dealt with by an enquiry as the operating hours were unacceptable in this area.

 

At this point the Chairman reiterated what was required from the Committee to be put forward to the Planning Inspectorate and requested a third condition be added to cover  ...  view the full minutes text for item 67.

68.

22/00071/FUL - Sunnyside, Stoney Hills, Burnham-on-Crouch, Essex, CM0 8QA pdf icon PDF 524 KB

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

 

Additional documents:

Minutes:

Application Number

22/00071/FUL

Location

Sunnyside, Stoney Hills, Essex, CM0 8QA

Proposal

Demolition of existing house and ancillary structures and the erection two new dwellings

Applicant

Mr and Mrs Kevin Levins

Agent

Mr Anthony Cussen - Cussen Construction Consultants

Target Decision Date

18.03.2022

Case Officer

Nicola Ward

Parish

BURNHAM NORTH

Reason for Referral to the Committee / Council

Not Delegated to Officers as Departure from Local Plan

 

A Members’ Update was circulated prior to the meeting that covered the imposing of a pre-commencement condition regarding land contamination and a verbal update was received by the Committee regarding three further ecology conditions.

 

Following the officer’s presentation, the agent, Mr Cussen, addressed the committee. The Chairman then opened the discussion.

 

At this point Councillor Channer advised that having heard the agent’s comments and viewed the location she was acquainted with neighbouring properties and would not partake in the decision-making on this application.

 

Councillor Stamp expressed concern regarding the sustainability of continued development in this area and the problems experienced by those servicing existing properties such as refuse collection companies. The infrastructure was not fit for purpose and unsafe for children walking to school, as evidenced by the amount of complaints she had received. Councillor Skeens echoed her concerns around accessibility.

 

The Chairman reminded the committee that valid planning reasons were required to ensure decisions made were supported by the Planning Inspector.  Councillor Fluker asked if an officer site visit had taken place and this was confirmed.  He also referenced the importance of valid planning reasons and proposed that the application be approved in accordance with the officer’s recommendation as it was a sustainable area, this was seconded by Councillor Boyce.

 

The Chairman then put Councillor Fluker’s proposal to approve the application subject to proposed conditions to the Committee and 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.

2          The development hereby permitted shall be carried out in accordance with the

following approved plans and documents: 1214/01, 1214/02, 1214/03, 1214/04, 1214/05, 1214/06, 1214/07,1214/08, 1214/09 and 1214/0103.

3          The materials used the in the development hereby approved shall be as set

out within the application form/plans hereby approved.

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 of the dwellings hereby permitted, nor shall any extensions be erected, without planning permission having been obtained from the LPA.

5          If, during the course of development, any contamination is found which has

not been previously identified, work shall be suspended and measures for its remediation shall be submitted to and approved in writing by the LPA  The remediation of the site shall incorporate the approved measures and a verification report for all the remediation works shall be  ...  view the full minutes text for item 68.

69.

22/00263/VAR - The Old Clubhouse, The Quay, Burnham-on-Crouch, CM0 8AT pdf icon PDF 411 KB

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

 

Minutes:

Application Number

22/00263/VAR

Location

The Old Clubhouse The Quay Burnham-On-Crouch CM0 8AT

Proposal

Variation of condition 2 (plans) on approved application 20/01080/HOUSE (Proposed single storey rear and side extensions, first floor side extension and balcony overlooking sea, first floor balcony deck above existing rear projections, new decking projection from south and east elevations, and general refurbishment to the existing building including new window and doors) to include iron railings above existing brick sea wall and new entrance gate.

Applicant

Mr & Mrs Polturak

Agent

Chris Wragg - Arcady Architects Ltd

Target Decision Date

20.05.2022

Case Officer

Hannah Dungate

Parish

BURNHAM SOUTH

Reason for Referral to the Committee / Council

Member Call In by Councillor V J Bell citing the following Policy D1 – Design Quality and Built Environment and Policy D5 – Flooding.

Previous Committee Decision

 

Following the Officer’s presentation, a Supporter, Ms Bailey, and the Agent, Mr Wragg, addressed the Committee.  The Chairman then opened the discussion.

 

Councillor Skeens said he had no objections to this application; the railings were fine, and he was delighted to note the neighbours had no objection.  He made a non-pecuniary declaration at this point in that he was a trustee of the Vanguard Restoration Trust.

 

Councillor Stamp commended the applicant for their revisions to the scheme and said she supported the application.  Councillor Fluker echoed Councillor Stamp and proposed that the application be approved in accordance with the Officer’s recommendation, this was duly seconded.  The Lead Specialist: Development Management advised the Committee that going forward officers would have due regard for comments from the Conservation Officer.

 

The Chairman put the officer’s recommendation to approve the application subject to the proposed conditions to the Committee and it was unanimously agreed.

 

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

1.               The development hereby permitted shall be begun before 5 February 2024.

2.               The development hereby permitted shall be carried out in accordance with the following approved plans and documents: 18/06/01; 18/06/03 Rev L; 18/06/05; 18/06/06; 18/06/07; 18/06/08; 18/06/10; 18/06/11; 18/06/12 (Rev A).

3.               The materials to be used in the construction of the external surfaces of the extensions hereby permitted shall match those used in the existing building.

4.               All new external joinery at the application property shall be of painted timber only and shall be retained as such thereafter.

5.               Prior to the installation of new external doors and new windows as part of the development hereby approved, large scale drawings - including elevations [1:20] and sections through the glazing bars [1:2] - shall be submitted to and approved in writing by local planning authority. The development shall be carried out in accordance with the approved details and retained as such thereafter.

6.               The measures contained within the Householder Flood Risk Matrix submitted with the planning application and forming part of this permission shall be fully implemented and in place prior to the first occupation of the development hereby permitted and shall be retained in perpetuity.

7.               Large-scale drawings of the railings,  ...  view the full minutes text for item 69.

70.

22/00368/HOUSE- The Moorings, Seaview Parade, St. Lawrence, Essex pdf icon PDF 339 KB

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

 

Minutes:

Application Number

22/00368/HOUSE

Location

The Moorings, Seaview Parade, St Lawrence, Essex

Proposal

Single storey rear extensions, two storey rear extension and first floor additions to the front and rear.

Applicant

Mr Ross Patience

Agent

Mr Michael Lewis – Bailey Lewis

Target Decision Date

3 May 2022 (Agreed EOT Until 22 May 2022)

Case Officer

Hayley Sadler

Parish

St Lawrence

Reason for Referral to the Committee / Council

Member Call In

Councillor Mrs P A Channer has called in the application for the following policy reasons: Local Development Plan (LDP) policy D1 (Design Quality and Built Environment) and H4 (Effective use of Land)

 

A verbal Members’ Update was provided that amended the ‘Reason for Refusal’ at Section 8 of the published report removing reference to the Planning (Listed Buildings and Conservation Areas) Act 1990 as the application was not within a conservation area.  Following the Officer’s presentation, the Agent, Mr Lewis addressed the Committee.  The Chairman then opened the discussion.

 

Councillor Channer commented that having reviewed the current report and the previously refused application she felt this time round there were significant improvements and on balance she supported the application.  She had visited the area and given the existing properties overlooking the bay together with the multitude of designs already in existence, this was not incongruous within the street scene. Councillor Helm concurred and said he had no problem with the application.

 

Councillor Fluker supported the application and proposed that it be approved contrary to the Officer’s recommendation on the grounds that it met the criteria of Policies DI and H4 of the Local Development Plan, the design, scale, and bulk was acceptable, with both the river and street scene.

 

The Chairman put the proposal to the Committee to approve contrary to the Officer’s recommendation for the aforementioned reasons and with conditions delegated to Officers in consultation with the Chairman, and it was unanimously agreed.

 

RESOLVED that the application be APPROVED with conditions delegated to Officers in consultation with the Chairman

71.

Any other items of business that the Chairman decides are urgent

Minutes:

The Chairman was congratulated on being appointed Chairman of the South Eastern Area Planning Committee at the Statutory Annual meeting of the Council on 12 May 2022.

 

It was noted that an informal meeting to discuss enforcement would be coordinated between the Chairman and planning officers.