Agenda and minutes

The Chairperson welcomed everyone to the meeting and went through some general housekeeping arrangements for the meeting.

Apologies for absence were received from Councillors M G Bassenger and D O Bown.

To confirm the Minutes of the meeting of the Committee held on 26 July 2023 (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 26 July 2023 be approved and confirmed.

To disclose the existence and nature of any Disclosable Pecuniary Interests, Other Registrable interests and Non-Registrable Interests relating to items of business on the agenda having regard to paragraph 9 and Appendix B 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 V J Bell advised that all Members of the Committee had received advice from the Monitoring Officer regarding Agenda Item 7 - 23/00749/FUL - Paton Place, Nipsells Chase, Mayland.

Councillor A S Fluker declared a pecuniary interest in Agenda Item 6 – 23/00670/FUL - 7 High Street, Burnham-on-Crouch, Essex, CM0 8AG, as he owned a freehold property close to the application site and would leave the Chamber at that item.

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

It was noted from the Members’ Update that since the agenda had been published further information had been received regarding Noise, consultee responses and parking requirements.

Following the Officers presentation, an Objector, Mr Inkpen, Althorne Parish Council representative, Councillor Burgess and the Applicant Mr Lonergan addressed the Committee.

Councillor V J Bell then moved the Officers’ recommendation of refusal as set out in the report and this was duly seconded.

A debate ensued where Members discussed the application specifically, the reasons for refusal, the potential traffic issues on the B1010 and the noise impact on the local amenity.

There being no further debate the Chairperson then moved the earlier proposition of refusal.

In accordance with Procedure Rule No. 13 (3) Councillor U G C Siddall-Norman requested a recorded vote, and this was duly seconded. The voting for refusal of the application was as follows:

For the recommendation:

Councillors, V J Bell, T Fittock, R G Pratt, U G C Siddall-Norman and W Stamp, CC.

Against the recommendation:

Councillors, A S Fluker, L J Haywood, W J Laybourn and M G Neall.

Abstention:

None.

The Chairperson declared that the application was therefore refused.

RESOLVED that the application be REFUSED for the following reasons:

1.         The development is for a café/restaurant, which is classed as a ‘town centre use’ outside of an existing town, village or located employment area, which due to its operating hours, size and nature of operation is not considered ancillary to the wider vineyard use operating at the site. It has not been demonstrated to the satisfaction of the Local Planning Authority that there is a justifiable and functional need for the activity within this rural location and that that it could not have been reasonably located in existing towns, villages or allocated employment areas. Therefore, the development would be contrary to Policies E2, E4 and E5 of the Maldon District Local Development Plan (2017) and the policies and guidance contained in the National Planning Policy Framework (2021).

2.         The application site lies within a rural location. The development, by virtue of its urban nature, the design, visual intrusion into the countryside, and siting and cluttered appearance of the operational development to the western side of the building, namely but not limited to, the store, gas tank and fencing, hardstanding and container, fails to protect and  ...  view the full minutes text for item 259.

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

Prior to her presentation the Officer made Members aware that there was an error on the front sheet of this application regarding the names of the Applicant and the Agent which would be updated prior to the decision notice being issued

Following the Officer’s presentation, at the Chairperson’s discretion, the Agent, Mr Lewis addressed the Committee.

Councillor V J Bell then moved the Officers’ recommendation of refusal as set out in the report and this was duly seconded.

Councillor Bell reminded Members that it was important to note that the Environmental Agency had objected to this application as a statutory consultee.

A lengthy discussion ensued around the change of use back to residential and possible loss of a retail until on the high street, the safety aspects due to flooding and how they relate to the Applicants circumstances as disclosed by his Agent and if permission could be granted temporarily. In response to questions from Members, Officers provided the following answers:

•           Officers are sympathetic to the Applicant; however, it would be difficult to impose a condition with a temporary set time frame and it would need to be a finite one.

•           Due to the property being in a flood zone and the Applicant finding it difficult to not being able to get up the stairs, if it were to flood this could put the applicant in a very perilous situation.

•           Members need to note the importance of the Environmental Agency objection to the application as a statutory consultee.

The Chairperson then moved the earlier proposition of refusal and when put to a vote, this was not agreed. The Chairperson then called for an alternative proposal. Councillor W Stamp then proposed to approve the application contrary to the Officers’ recommendation and this was seconded by Councillor W J Laybourne.

Councillor R G Pratt sought clarity as to if the new proposal would be a permanent change to residential and Officers confirmed that this would be the case as it would be difficult to impose a temporary condition.

Officers also reminded Members that by approving this application it also goes against the Neighbourhood plan.

The Chairperson then put the recommendation to approve the application contrary to the Officers’ recommendation to the Committee and upon a vote being taken, was agreed.

RESOLVED that the application be APPROVED subject to conditions delegated to Officers in consultation with the Chairperson.

Councillor A S Fluker returned to the Chamber at 20:38.

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

It was noted from the Members’ Update that since the agenda had been published an amendment to condition 7 was proposed to reflect that the Surface Water Drainage Condition had previously been discharged.

Following the Officers presentation, a representative from Mayland Parish Council, Councillor Down and the Applicant, Mr Paton addressed the Committee.

Councillor V J Bell moved the Officers’ recommendation of approval as set out in the report. This was duly seconded.

Following a brief debate around the conditions of the application, the Chairperson moved the earlier proposition of approval and this was agreed by assent upon a vote being taken this was agreed, it was noted that Councillor L J Haywood did not vote on this item[1].

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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: R10 Rev G, 1056/06A, 1056/07A, Arboricultural Method Statement 27 September 2021.

2          The bricks to be used in the construction of the dwelling shall be as set out within the application form. The weatherboarding, windows, doors and roof tiles shall consist of the details approved under application 23/05015/DET. The development shall be carried out in accordance with the details as approved.

3          The hard and soft landscape works shall be carried out in accordance with the details approved under application 23/05015/DET. 

The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the occupation of any part of the development hereby approved unless otherwise agreed in writing by the local planning authority. If within a period of five years from the date of the planting of any tree or plant, or any tree or plant planted in its replacement, is removed, uprooted, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree or plant of the same species and size as that originally planted shall be planted in the same place, unless the local planning authority gives its written consent to any variation.

The hard landscape works shall be carried out as approved prior to the first use/occupation of the development hereby approved and retained and maintained as such thereafter.

4          The boundary treatments shall be carried out in accordance with the details approved under application 23/05015/DET. The screening as approved shall be constructed prior to the first occupation of the development to which it relates and be retained as such thereafter.

5          Cycle parking and storage shall be implemented in accordance with the details approved as part of application 23/05015/DET.  ...  view the full minutes text for item 261.

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

Following the Officers presentation, Councillor V J Bell moved the Officers’ recommendation of approval as set out in the report and this was duly seconded.

A debate ensued where Members discussed the possible negative effect that the number and height of the flags/flagpoles proposed would have on the countryside amenity. Members were also reminded of the recent overturn at appeal of a decision to refuse a similar application and of the costs incurred by the Council.

There being no further discussion The Chairperson then moved the earlier proposition of approval and upon a vote being taken, this was agreed.

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

1          The advertisements permitted by this consent shall not be displayed on the site after the sale of the last property or after expiry of five years from the date of this decision, whichever first occurs.

2.         No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

3.         No advertisement shall be sited or displayed so as to:

•           Endanger persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or military),

•           Obscure or hinder the ready interpretation of any traffic sign, railway signal or aid to navigation by water or air, or

•           Hinder the operation of any device used for the purposes of security or surveillance or for the measuring the speed of any vehicle.

4          Any advertisement displayed, and any site used for the display of advertisements shall be maintained in a condition that does not impair the visual amenity of the site.

5          Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a condition that does not endanger the public.

6          Where an advertisement is required under these Regulations to be removed, the site shall be left in a condition that does not endanger the public or impair visual amenity.

The Chairperson made Members aware that she had been informed that Fiber Optic broadband was going to be fitted at the Chamber in Burnham-on-Crouch and would hopefully be in place by the next Committee meeting.