Agenda and minutes

South Eastern Area Planning Committee - Monday 15th July 2019 7.30 pm

Venue: Burnham Town Council Offices, Chapel Road, Burnham-on-Crouch

Contact: Committee Services 

Items
No. Item

248.

Chairman's notices

Minutes:

The Chairman drew attention to the list of notices published on the back of the agenda.

249.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors Mrs P A Channer and N Skeens.

250.

Minutes of the last meeting pdf icon PDF 191 KB

To confirm the Minutes of the meeting of the Committee held on 17 June 2019, (copy enclosed).

Minutes:

 

RESOLVED

 

(i)              that the Minutes of the meeting of the Committee held on 17 June 2019 be received.

 

Minute No. 175

 

That the minute be revised to reflect that Councillor V J Bell did not declare a non-pecuniary interest in Agenda Item 9 (a)  FUL/MAL/18/00839 – Land Adjacent Orchard House, Nipsells Chase, Mayland, Essex.      

 

RESOLVED

 

(ii)            that subject to the above amendment the Minutes of the meeting of the Committee held on 17 June 2019 be confirmed.

 

251.

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 R Dewick, advised the Committee that he knew the applicant on Agenda Item 7  - FUL/MAL/19/00382 – Club Nautico, Bridgemarsh Lane, Althorne, Essex but that it did not constitute an interest.

 

Councillor A L Hull declared a pecuniary interest in Agenda Item 7 – FUL/MAL/19/00382 – Club Nautico, Bridgemarsh Lane, Althorne, Essex, as her partner worked for the applicant. She advised the Committee she would leave the Chamber for this item of business.

 

Councillor A S Fluker declared in the interest of openness and transparency on Agenda Item 5 -  FUL/MAL/18/01518 - Sandbeach Hockley Lane Bradwell-On-Sea Essex CM0 7QB, as his dog came from AA Rescue and Agenda Item 7- FUL/MAL/19/00382 – Club Nautico, Bridgemarsh Lane, Althorne, Essex, as he knew the applicant.

 

Councillor V J Bell declared a non-pecuniary interest in Agenda Item 8 - Chartwell, 120 Maldon Road, Burnham-on-Crouch, Essex, CM0 8DB, as she knew some of the objectors and had worked in the sector for a number of years.

 

Councillor M G Bassenger declared a non-pecuniary interest in Agenda Item 7 - FUL/MAL/19/00382 – Club Nautico, Bridgemarsh Lane, Althorne, Essex, as he was a neighbour, knew the applicant and objectors and had objected as a resident on a previous application prior to becoming a councillor. He said he intended taking part in the debate, if that was possible.

 

It was acknowledged that the onus was on the individual regarding how they declare and that as a general rule, if in doubt, it would be best to leave the Chamber for the respective Agenda Item. The Chairman reminded members that the recent training delivered by the Monitoring Officer, attended by all Members, had clarified where they stood in regard to interests and the issue of when in doubt had also been covered. He went on to advise that, where a Member had concerns regarding an application they should speak with the Monitoring Officer in advance of the meeting.

 

Following further deliberation on the first declaration, Councillor Bassenger then declared he would make a personal statement and leave the Chamber for the debate on Item 7 - FUL/MAL/19/00382 - Club Nautico, Bridgemarsh Lane, Althorne, Essex.    

252.

FUL/MAL/18/01518 - Sandbeach, Hockley Lane, Bradwell -on-Sea, Essex, CM0 7QB pdf icon PDF 740 KB

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

 

Additional documents:

Minutes:

Application Number

FUL/MAL/18/01518

Location

Sandbeach Hockley Lane Bradwell-On-Sea Essex CM0 7QB

Proposal

Section 73A application to convert disused farm outbuilding into dog kennels, change of use of associated land to be used as a dog rescue centre and stationing of a caravan to be used as a veterinary practice in association with the dog rescue use.

Applicant

Ms Charlene Nathan

Agent

Mr Ashley Wynn

Target Decision Date

26.04.2019 (E.o.T. 19.07.2019)

Case Officer

Spyros Mouratidis

Parish

BRADWELL-ON-SEA

Reason for Referral to the Committee / Council

Member Call In – Councillor R Dewick – Matter of public interest

A Members’ Update was submitted detailing a further three representations of objection. An update for one additional representation was given verbally.

Following the Officer’s presentation Michael Harris, an Objector, Parish Councillor Jean Allen, Bradwell-on-Sea Parish Council and the Applicant, Charlene Nathan, addressed the Committee.

At this point the Chairman reminded the Committee that should any Members leave the chamber during the discussion of an item on the agenda they cannot take further part in said item.

With reference to this application the Chairman said that as Ward member he had called the item in due to a number of concerns:- the location was unsustainable, not least for those employed there; the existence of an SSSI of major importance was an obvious concern; an ecology report would be necessary to deal with the presence of bats; given the previous comments dog numbers would need controlling and the public consultation was incomplete. He said, if acceptable, temporary consent would be preferable as it could assist in avoiding past mistakes. He questioned why the application was before the committee with an ongoing consultation period given the problems that arose with a similar application at the last meeting. 

Councillor Helm proposed that the application be deferred to include outstanding information and completion of the consultation period so that Members, as decision makers, could make an informed decision next time round. This was seconded.

The Lead Specialist Place advised the Committee that there was no problem with presenting the report at this stage as the application had already been through public consultation twice. He advised that with any application, should a material consideration arise after a decision is made at Committee by Members and before the planning notice is issued, it would have to come back to Members for a decision. There would always be instances where this occurs given the eight-week timelines planning works to. He reassured Members that Officers had undertaken all necessary risk assessments in respect of the application and that it was possible to condition all relevant outstanding issues to overcome the harm.

A long discussion ensued on the aforementioned issues and the general consensus among Members was that there were a lot of unanswered questions and outstanding information. This was a major concern given the history with this organisation. It was acknowledged that limiting dog numbers was problematic, however, the number of dogs on site was a key concern and it was proposed that  ...  view the full minutes text for item 252.

253.

FUL/MAL/19/00169 - Land Adjacent Brickfields Cottage, Green Lane, Burnham-on-Crouch, Essex pdf icon PDF 804 KB

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

 

Additional documents:

Minutes:

Application Number

FUL/MAL/19/00169

Location

Land Adjacent Brickfields Cottage, Green Lane, Burnham-On-Crouch, Essex

Proposal

Erection of a detached chalet bungalow

Applicant

Miss K Hewson

Agent

Elisa Hampson - E. H Planning Services

Target Decision Date

22.04.2019 (EoT agreed: 19.07.2019)

Case Officer

Anna Tastsoglou

Parish

BURNHAM NORTH

Reason for Referral to the Committee / Council

Departure from the Local Plan 2017

 

A Members’ Update was submitted detailing an additional letter of objection.

 

Following the Officer’s presentation, Sharon Gough, speaking on behalf of the Applicant, addressed the Committee.

 

A brief debate ensued where concerns were expressed regarding the continuing development of Green Lane and the strain it put on services. However, it was also noted that the proposed development had been assessed against all material planning considerations and the principle of erecting one dwelling at this location was acceptable. The proposed development would not have a discordant impact on the character of the area and subject to appropriate conditions, considered acceptable, sustainable and in accordance with the aims of the development plan.

 

Councillor Boyce proposed that the application be approved in accordance with the Officer’s recommendation and this was seconded.

 

The Chairman put the proposal to the Committee and upon a vote being taken this was agreed.

 

Councillor W Stamp requested that her vote to refuse the application be recorded.

 

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 complete accordance with approved drawings Location Plan Rev A; 008 C; 007 and 006.

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.

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.

5.         Prior to the occupation of the development details of both hard and soft

landscape works, including the retention of the existing hedgerows along the south, east and west boundaries of the application site, to be carried out shall have been submitted to and approved in writing by the Local Planning Authority. These details shall include the layout of the hard landscaped areas with the materials and finishes to be used and details of the soft landscape works including schedules of shrubs and trees to be planted, noting the species, stock size, proposed numbers/densities and details of the planting scheme's implementation, aftercare and maintenance programme. The hard landscape  ...  view the full minutes text for item 253.

254.

FUL/MAL/19/00382 - Club Nautico, Bridgemarsh Marina, Bridgemarsh Lane, Althorne, Essex pdf icon PDF 763 KB

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

 

Minutes:

Application Number

FUL/MAL/19/00382

Location

Club Nautico Bridgemarsh Marine Bridgemarsh Lane Althorne Essex 

Proposal

Section 73A application for extension and alterations to barge S.S. Nautico and for the change of the use on the upper deck from office to club house with associated facilities (resubmission of application FUL/MAL/17/01376).

Applicant

Mr John Wilsdon

Agent

Mr Mark Morgan - Petro Designs Ltd

Target Decision Date

20.06.2019 E.o.T. 19.07.2019

Case Officer

Spyros Mouratidis

Parish

ALTHORNE

Reason for Referral to the Committee / Council

Member Call In – Councillor Mark G Bassenger – Concerns about the application

 

Following the Officer’s presentation Mr Lakin, an Objector, Parish Councillor Mr Brian Noye, Althorne Parish Councillor and the Applicant Mr John Wilsdon,  addressed the Committee.

 

Councillor Bassenger, having previously agreed to make a personal statement and leave the chamber, sought further clarification from the Chairman.

 

The Chairman, in response, again reminded Members that they had all attended the Code of Conduct training. The training had been clear on where Members stood in regard to interests and the best course of action to take if in doubt, together with the role of the Monitoring Officer and/or the Standards Committee, in respect of the code of conduct. He repeated that when in doubt on any application Members should seek the advice of the Monitoring Officer in advance of the meeting and that he could only offer advice. How a Member declared was down to the individual.

 

Councillor Bassenger then reverted to his original non-pecuniary declaration of interest and said he would remain for the discussion on this item of business.

 

Councillor Fluker, taking into consideration the stringent conditions already applied to the application, proposed that the Officer’s recommendation of approval be agreed. This was duly seconded by Councillor Helm.

 

In response to questions raised around access, fire standards and inclusivity the Lead Specialist Place advised that these issues were dealt with under separate legislation, they were not planning matters. With reference to concerns around parking it was clarified that parking was not a consideration as the proposed use was ancillary to the marina for those already berthed there, therefore the existing parking facilities were adequate. The conservation issues were mitigated by the seasonal nature of the use, namely April to September.

 

It was considered that the current scheme had addressed the previous reason for refusal. Subject to conditions, the development was not considered to be detrimentally harmful to the character and appearance of the area, the living conditions of neighbouring occupiers, the highway safety, the natural environment and the safety of users from flood risk in line with local policies S1, S7, S8, D1, D2, D5, E5, N2, T1 and T2 of the Approved Maldon District Local Development Plan (MDLDP).

 

Councillor Fluker proposed that, in addition to his original proposal, a recorded vote be taken on this item and this was seconded.

 

Councillor Stamp proposed that the applicant’s suggestion of a 12-month temporary consent from date of first opening, be included as an extra condition. This was seconded by Councillor  ...  view the full minutes text for item 254.

255.

FUL/MAL/19/00465 - Chartwell, 129 Maldon Road, Burnham-on-Crouch, Essex, CM0 8DB pdf icon PDF 738 KB

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

 

Additional documents:

Minutes:

Application Number

FUL/MAL/19/00465

Location

Chartwell, 120 Maldon Road, Burnham-On-Crouch, Essex, CM0 8DB

Proposal

Change of use from Class C3 dwellinghouse to a residential children's home Class C2 (residential institution).

Applicant

Mr Frederik Booysen - PSS Care Group

Agent

Miss Nichola Brown - PSS Care Group

Target Decision Date

28.06.2019 (Extension of time agreed until 19.07.2019)

Case Officer

Anna Tastsoglou

Parish

BURNHAM NORTH

Reason for Referral to the Committee / Council

Member Call In

Cllr Stamp has requested the application to be presented before Members of the South Eastern Area Planning Committee on the grounds of public interest.

 

A Members’ Update was submitted detailing an additional letter of objection.

 

Following the Officer’s presentation, Janice Overall, an Objector and the Agent, Nichola Brown, addressed the Committee.

 

A debate ensued where the issue of temporary permission with an annual review was discussed. The Lead Specialist Place advised that the issue of temporary consent had been addressed in the report. The application had been assessed against the development plan, found to be acceptable therefore it would be inappropriate to apply a temporary consent. A further consideration was the financial burden on the applicant. He suggested it would be better to refuse or grant permission.

 

Cllr Fluker, whilst acknowledging the Committee’s social responsibility, also expressed concern for the residents as the application was adjacent to existing residential properties. He proposed that given the potential large upfront costs, temporary permission for a 3-year period be granted. This would afford the applicant three years to recoup the costs and prove, beyond all reasonable doubt, that the facility could be delivered without any disruption to the community. This was seconded by Councillor Stamp.

 

Councillor Stamp further requested that it be noted, given the previous measured proposal, that the Committee was listening to residents and taking their concerns on board.

 

The Chairman put the Officer’s recommendation to approve, with the additional condition of a 3-year temporary consent from date of opening, to the Committee. Upon a vote being taken this was agreed.

 

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

1.                       Within twenty-eight (28) days from the commencement of the use of the premises as a children’s home, a notice in writing shall be given to the Local Planning Authority to confirm the date the use commenced. The use of the premises as a children’s home hereby permitted shall cease three years after the commencement of the use.

REASON It is not considered that the grant of a permanent planning permission would be appropriate and a temporary permission would enable the Local Planning Authority to re-assess the impact of the development upon the residential amenity of the neighbouring occupiers, the parking provision and the character of the area.

2.                       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).

3.              The development hereby permitted shall be carried out in complete accordance with  ...  view the full minutes text for item 255.

256.

FUL/MAL/19/00533 - Grove Farm, Stoney Hills, Burnham-on-Crouch, Essex pdf icon PDF 579 KB

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

 

Additional documents:

Minutes:

Application Number

FUL/MAL/19/00533

Location

Grove Farm, Stoney Hills, Burnham-on-Crouch, Essex

Proposal

Full planning application for replacement dwelling (Plot 6) and the erection of two detached bungalows at plots 3 and 7 (Plot 3 of outline planning permission OUT/MAL/15/01082) with associated cart lodge and garaging.

Applicant

Lauren Nicole Homes Ltd

Agent

Mr Russell Forde – Smart Planning   

Target Decision Date

25.07.2019

Case Officer

Devan Lawson

Parish

BURNHAM-ON-CROUCH NORTH

Reason for Referral to the Committee / Council

Departure from the Local Plan 2017

 

A Members’ Update was submitted detailing comments from Burnham Town Council, Local Highways Authority and Natural England.

 

Following the Officer’s presentation Mr Russell Forde, the Agent, addressed the Committee.

 

Councillor Stamp said she would not be supporting this application as she felt the location was not sustainable and services were already under strain in the area. This was noted by the Committee. 

 

However, having taken all material planning considerations into account, including the extant outline planning permission (APP/X1545/W/16/3147227), it was found that the principle of erecting dwellinghouses in this location had been accepted. Therefore, albeit reluctantly, is was not considered that one additional dwelling and a replacement dwelling would provide any considerations that would alter this stance. 

 

The Chairman put the Officer’s recommendation of approve to the Committee and upon a vote 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 herby permitted shall be carried out in accordance with the

following approved plans and documents: 17.4387/P222 Rev A, 17.4387/M001, 17.4387/E101A, 17.4387/M002 Rev A, 17.4387/P202 Rev F, 17.4387/P214, 17.4387/P215, 17.4387/P216, 17.4387/P217, 17.4387/P218, 17.4387/P219, 17.4387/P220, 17.4387/P221, Brown 2 Green Phase Geo-Environmental Desk Study Report April 2019, Civilistix Grove Farm, Stoney Hill Drainage Strategy 31 May 2019, Brown 2 Green Geo-Environmental Site Investigation Report May 2019. 

3.         No development works above ground level shall take place until details or

samples of the facing material to be used, have been submitted to and approved in writing by the local planning authority. The works must then be carried out in accordance with the approved details.  

4.         A surface water drainage system in accordance with section 3 of the Civilistix

drainage strategy (dated 31st May 2019) shall be provided to the site and be operational prior to first occupation of any residential dwelling on site. The sustainable drainage system shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan detailed within section 3.8 of the document stated above.

5.         Foul drainage shall be connected to the combined public sewer in accordance

with details contained in section 4 of the Civilistix drainage strategy (dated 31st May 2019).

6.         All asbestos-containing fragments must be removed from the site prior to the

commencement of the development. The remediation should consist of a site walkover to hand pick the fragments that are present. All asbestos containing materials should be disposed of to a licenced waste  ...  view the full minutes text for item 256.

257.

Any other items of business that the Chairman of the Committee decides are urgent

Minutes:

Councillor Fluker expressed thanks to the Principal Planning Officer, Mr Mouratidis for all his hard work on behalf of Maldon District Council and wished him well in his new role.

 

Councillor Helm requested that a meeting to discuss enforcement issues be scheduled.