Agenda and minutes

South Eastern Area Planning Committee - Monday 12th August 2019 7.30 pm

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

Contact: Committee Services 

Items
No. Item

322.

Chairman's notices

Minutes:

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

323.

Apologies for Absence

Minutes:

An apology for absence was received from Councillor Mrs P A Channer, CC.

324.

Minutes of the last meeting pdf icon PDF 195 KB

To confirm the Minutes of the meeting of the Committee held on 15 July 2019, (copy enclosed).

Minutes:

RESOLVED that the Minutes of the meeting of the Committee held on 15 July 2019 be approved and confirmed.

 

 

 

 

325.

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 P F Dewick referring to Agenda Item 6 - TPO 3/19, Land to the north and east of The Boathouse, Bridgemarsh Lane, Althorne, said that he knew some of the owners but that it did not constitute an interest.

 

Councillor N Skeens declared a non-pecuniary interest in Agenda Item 5 - FUL/MAL/19/00397, The Gatehouse, Sea End Caravan Park, Belvedere Road, Burnham-On-Crouch, Essex, CM0 8AB, as he knew a number of people who had caravans there, including a relative. He advised the Committee that he would partake in the discussion but abstain from voting.

 

Councillor M Bassenger declared in the interest of openness and transparency on Agenda Item 6 - TPO 3/19, Land to the north and east of The Boathouse, Bridgemarsh Lane, Althorne, as he knew all involved in the application and lived in Bridgemarsh Lane.

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326.

FUL/MAL/19/00397 - The Gatehouse, Sea End Caravan Park, Belvedere Road, Burnham-on-Crouch, Essex CM0 8AB pdf icon PDF 705 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/19/00397

Location

The Gatehouse, Sea End Caravan Park, Belvedere Road, Burnham-On-Crouch, Essex, CM0 8AB

Proposal

Variation of condition 2 on approved planning permission FUL/MAL/95/00407 (Retention of consent refs. BUR/23/51 without compliance with condition 3 BUR/21/59 condition 1 and MAL/909/77 condition 3 to allow occupancy of caravans from 1 March to 30 November annually.)

Applicant

Mr M Annis - Rice & Cole Ltd.

Agent

Mr Mark Southerton

Target Decision Date

02.07.2019 (EoT agreed: 16.08.2019)

Case Officer

Anna Tastsoglou

Parish

BURNHAM SOUTH

Reason for Referral to the Committee / Council

Major application

 

Following the Officer’s presentation, a long debate ensued.

 

Members expressed concerns regarding the potential for all year round use of the caravans; the additional strain on local services like doctors and schools, despite the accommodation not being the primary residence and above all the risk of flooding during the winter months. It was noted that monitoring the conditions and the register was the responsibility of the Council.

 

The Lead Specialist Place advised that since there were no material planning objections the development was acceptable. Furthermore, since these were not primary residences but holiday lettings, occupants should not impact on key services like schools or doctor surgeries.

 

Councillor Fluker, noting that there were no planning reasons to refuse, proposed, albeit reluctantly, that the application be approved in accordance with the Officer’s recommendation. This was seconded by Councillor Boyce on the proviso that Condition 3. The owners/operators shall maintain an up to date register of the names of all owners/occupiers of individual caravans on the site, and of their main home addresses, and shall make this information available at all reasonable times to the Local Planning Authority.

REASON In order to ensure that the approved use is carried out in accordance with the submitted details, that the use of the site is for holiday purposes only, that there is no adverse effect to the adjoining designated nature conservation site and to ensure that the impact from any flood events is limited in line with policies S1, S8, E5, D1, D2, D5 and N2 of the approved Local Development Plan, policies EC.6, EN.1 and EN.3 of the Burnham-on-Crouch Neighbourhood Plan and the guidance contained within the National Planning Policy Framework was strictly enforced.

 

The Chairman put the proposal to approve the application in accordance with the Officer’s recommendation to the Committee and upon a vote being taken it was refused.

 

The discussion then reverted to the concern over flooding, particularly during the winter months. Whilst it was acknowledged that the Environment Agency had made no objection it was also noted that the location was below sea level and in the event of flooding the occupants did not have the facility to decant to an upper floor.

 

The consensus was that the application be refused as the potential for flooding and damage to the seawall defences during the winter months, putting occupants at risk, was too serious to overlook and contrary to policy in the Local Development Plan.

 

The Chairman put the recommendation  ...  view the full minutes text for item 326.

327.

Tree Preservation Order (TPO) 3/19 - Land to the north and east of The Boathouse, Bridgemarsh Lane, Althorne pdf icon PDF 363 KB

To consider the report of the Director of Strategy, Performance and Governance, (copy enclosed).

Minutes:

Application Number

TPO 3/19

Location

Land to the north and east of The Boathouse, Bridgemarsh Lane, Althorne

Proposal

Confirmation of TPO 3/19

Owner

Samantha Lonergan, Georgina McHugh (H Bass and Sons), Mr Lee Batt, Mrs Batt, Mr Michael Bass.

Confirmation by

01.10.2019

Case Officer

Hayleigh Parker-Haines

Parish

ALTHORNE PARISH COUNCIL

Reason for Referral to the Committee / Council

Decision on confirmation of a Tree Preservation Order as per the Council’s scheme of delegation

 

Following the Officer’s presentation, the Committee debated the proposal.

 

Councillor Boyce, MBE, said he did not agree with the Officer’s recommendation and that the owners had gone to some expense looking after the woodland under the scheme currently in operation on the site.  In addition, he felt that the conditions applied would restrict the proper management of the woodland, requiring planning permission for future maintenance. He proposed that the Tree Preservation Order (TPO) not be confirmed, contrary to the Officer’s recommendation and this was seconded by Councillor Fluker.

 

Further concern was expressed that the proposed procedures would discourage the planting of  woodland and questions were raised regarding the role of the Forestry Commission (FC) in this instance. The Lead Specialist Place advised that the Forestry Commission worked side by side with the Council on these matters. It was noted that given the existing scheme with the Forestry Commission was valid to 2032, the issue of a TPO should be considered then, not at this stage in the scheme.

 

The Chairman put the proposal to not confirm the Tree Preservation Order to the Committee and upon a vote being taken this was agreed. 

 

RESOLVED that the Tree Preservation Order not be CONFIRMED.

 

328.

Tree Preservation Order (TPO) 6/19 - 29 Chapel Road, Burnham-on-Crouch, Essex pdf icon PDF 880 KB

To consider the report of the Director of Strategy, Performance and Governance, (copy enclosed)

Minutes:

Tree Preservation Order

TPO 6/19

Location

29 Chapel Road, Burnham-on-Crouch, Essex 

Proposal

Confirmation of TPO 6/19

Owner

Mr Dean Lawrence

Confirmation by

24.12.2019

Case Officer

Annie Keen

Parish

BURNHAM SOUTH

Reason for Referral to the Committee / Council

Decision on confirmation of a Tree Preservation Order as per the Council’s scheme of delegation

 

Following the Officer’s presentation, the Committee debated the proposal.

 

Members reported that the tree was nearing the end of its natural life and that it should be taken down. The issue of coppicing the tree was raised but the concerns that the tree had out grown its location and, should it come down, the potential to cause damage to neighbouring properties outweighed that suggestion.

 

The Chairman put the Officer’s recommendation to confirm the Tree Preservation Order to the Committee and upon a vote being taken it was refused.

 

RESOLVED that the Tree Preservation Order not be CONFIRMED.