Agenda and draft minutes

South Eastern Area Planning Committee
Monday 17th June 2019 7.30 pm

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

Contact: Committee Services 

Items
No. Item

172.

Chairman's notices

Minutes:

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

173.

Apologies for Absence

Minutes:

There were no apologies for absence.

174.

Minutes of the last meeting pdf icon PDF 183 KB

To confirm the Minutes of the meeting of the Committee held on 21 May 2019, (copy enclosed).

Minutes:

RESOLVED that the Minutes of the meeting of the Committee held on 21 May 2019 be approved and confirmed.

 

 

175.

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 G Boyce, MBE declared a non-pecuniary interest in Agenda Item 5 – FUL/MAL/18/01390 – Winterdale Manor, Burnham-on-Crouch, Essex, as he was Chairman of an Almshouse Trust.

 

Councillor Mrs P A Channer, CC declared a non-pecuniary interest as a member of

Essex County Council, a consultee on planning application matters with respect

generally, to highways, matters of access and education primarily.  She also declared on Agenda Item 8 - FUL/MAL/19/00465 – Chartwell, 120 Maldon Road, Burnham-on-Crouch, Essex, CM0 8DB, as she knew the objectors and said she had visited a children’s  home in her ward. In conclusion she declared that she was a member of an almshouse charity.

 

Councillor W Stamp declared a non-pecuniary interest in Agenda Item 6- FUL/MAL/19/00400- Land at Myrtle Cottage, Stoney Hills, Burnham-on-Crouch, Essex, as the applicant had undertaken work for the Town Council.

 

Councillor Helm declared a non-pecuniary interest in Agenda Item 5 – FUL/MAL/18/01390 - Winterdale Manor, Burnham-on-Crouch, Essex, as he knew the applicant and was a member of an almshouse charity.

 

Councillor N Skeens declared a non-pecuniary interest in Agenda Item 8 FUL/MAL/19/00465 – Chartwell, 120 Maldon Road, Burnham-on-Crouch, Essex, CM0 8DB, as he was a foster carer.

 

Councillor Miss Bell declared a non-pecuniary interest in Agenda Item 6 – FUL/MAL/19/00400- Land at Myrtle Cottage, Stoney Hills, Burnham-on-Crouch, Essex, as she knew the applicants, Agenda Item 8 - FUL/MAL/19/00465 – Chartwell, 120 Maldon Road, Burnham-on-Crouch, Essex, CM0 8DB as she knew some of the  objectors and she had worked in the sector for a number of years.

 

Councillor Bassenger declared a non-pecuniary interest in Agenda Item 5 - FUL/MAL/18/01390 - Winterdale Manor, Burnham-on-Crouch, Essex, as he knew some of the objectors and had met the applicant.    

 

It was noted that all Members declared a non-pecuniary interest in Agenda Item 9a – FULL/MAL/18/00839 – Land Adjacent Orchard House, Nipsells Chase, Mayland, Essex, as they knew the applicant. 

176.

FUL/MAL/18/01390 - Winterdale Manor, Burnham Road, Althorne pdf icon PDF 797 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/18/01390

Location

Winterdale Manor Burnham Road, Althorne

Proposal

Demolition of the existing buildings and erection of 14 dwellings with associated infrastructure

Applicant

Bardwell Plant & Agricultural Services Ltd

Agent

Mrs Lisa Skinner – Phase 2 Planning

Target Decision Date

21.06.2019

Case Officer

Devan Lawson

Parish

ALTHORNE

Reason for Referral to the Committee / Council

Major Application

Member Call In: Councillor Acevedo

Reason: Public Interest and Local Knowledge

 

A Members’ Update was submitted by the agent detailing revised plans.

 

Following the Officer’s presentation an Objector, Thomas Wright, Parish Councillor Paul Burgess, Althorne Parish Council and the Applicant, Mr Bardwell addressed the Committee.

 

A debate ensued where some Members expressed sympathy with the applicant, however, the majority felt that the Officer’s recommendation was correct. The application was outside the defined settlement boundary, it would have a detrimental impact on the character and appearance of the area, did not contain adequate provision for affordable housing and was contrary to five key policies in the Maldon District Local Developmental (MDLDP).

 

Taking into consideration the aforementioned Councillor Fluker proposed that the application be refused in accordance with the Officer’s recommendation and this was seconded.

 

The Chairman put the proposal to refuse to the Committee and this was agreed

 

RESOLVED that the application be REFUSED for the following reasons:

 

1.             The proposed development would result in the loss of employment land.  No justification or evidence has been provided for the loss of this land by way of evidence that the existing use demonstrably harms the character and appearance of the area, the proposed use would be of greater benefit to the community, or that the site has been marketed for sale and that there is a confirmed lack of interest.  The development would therefore have an adverse impact on the limited supply of employment generating land, contrary to policy E1 of the approved Maldon District Local Development Plan and guidance contained in the National Planning Policy Framework (2019).

 

2.             The application site lies outside of the defined settlement boundaries where

policies of restraint apply. The Council can demonstrate a five year housing land supply to accord with the requirements of the National Planning Policy Framework. The site has not been identified by the Council for development to meet future needs for the District and does not fall within either a Garden Suburb or Strategic Allocation for growth identified within the Maldon District Local Development Plan to meet the objectively assessed needs for housing in the District. The proposed development would substantially alter the character of the area and have an unacceptable visual impact on the countryside and the locality through the urbanisation and domestication of the site, representing the sprawl of built form outside the settlement boundary of Althorne. Furthermore, the limited design merit of the proposal, which would create a contrived and out of keeping form of development which would exacerbate the impact on the character and appearance of the area and the locality. The development would therefore be unacceptable and contrary to policies  ...  view the full minutes text for item 176.

177.

FUL/MAL/19/00400 - Land at Myrtle Cottage, Stoney Hills, Burnham-on-Crouch pdf icon PDF 1 MB

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/19/00400

Location

Land at Myrtle Cottage, Stoney Hills, Burnham-On-Crouch, Essex

Proposal

Proposed 2 bedroom dwelling

Applicant

Mr & Mrs Wiffen

Agent

Greg Wiffen - Planman

Target Decision Date

06.06.2019 (EoT agreed: 21.06.2019)

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 representations received from the Parish/Town Council. Following the Officer’s presentation, the Applicant, Mr Wiffen, addressed the Committee.

 

A debate ensued and whilst there was sympathy for residents concerning the continued development in the area, it was also acknowledged that this application had been assessed against all material planning considerations and was found to be acceptable

 

It was further noted that given the area had been urbanised , given the planning history of the site and the appeals allowed. Therefore, the refusal of an application would need a very strong planning reason, proving demonstrable harm.

 

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

 

The Chairman put the proposal to approve in accordance with the Officer’s recommendation to the Committee and this 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 complete accordance with approved drawings GW08; GW01 A; GW02 A; GW05; GW03 and GW04 A.

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 4.

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 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 works shall be carried out as approved prior to the beneficial occupation of the development hereby approved unless otherwise first agreed in writing by the Local Planning Authority. The soft landscape works shall be carried out as approved within the  ...  view the full minutes text for item 177.

178.

FUL/MAL/19/00458 - Land Adjacent 9 St. Peter's Court, Bradwell-on-Sea pdf icon PDF 714 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/19/00458 

Location

Land Adjacent 9 St Peters Court, Bradwell-on-Sea

Proposal

Erection of 2No. detached 4 bedroom dwellings

Applicant

Great Canney Developments Ltd

Agent

Raymond Stemp Associates  

Target Decision Date

12.06.2019

Case Officer

Devan Lawson

Parish

BRADWELL-ON-SEA

Reason for Referral to the Committee / Council

Departure from the Local Plan 2017

 

A Members’ Update was submitted detailing a revised site map as shown on the agenda, agreed pre-commencement conditions and a further letter of objection.

 

Following the Officer’s presentation, Mr Raymond Stemp, the Agent, addressed the Committee.

 

A brief debate took place and the Committee acknowledged that the benefit with this application was that the development closed the gap and there was no more opportunity to extend further. It was also noted that having taken into account all material planning considerations the principle to erect a dwelling house had been established. 

 

The Chairman proposed that the application be approved in accordance with the Officer’s recommendation, and this was seconded. The Chairman concurred that the development closed the gap and cannot be extended further.

 

The Chairman put the proposal to approve the application in accordance with the Officer’s recommendation to the Committee and this was agreed.

 

 

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

 

1.                   The development hereby permitted shall begin no later than 3 years from the date of this decision.

2.           The development hereby permitted shall be carried out in accordance with the following approved plans and documents: NDCM07JE_BP1.1, NDCM07JE_SP1.0, NDCM07JE_PSP1.0, 03, 04, 05, 06

3.           No works shall be carried out above ground level until written details or samples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

4.           The development hereby permitted shall be carried out in accordance with the following approved plans: ATS/537/03, Illustrative Site Plan – LD, Illustrative Site Plan- WD, Proposed Reception/Spa Building Floor Plans & Elevations.

REASON  To ensure that the development is carried out in accordance with the details as approved.

5.           Full details of both hard and soft landscape works shall be submitted to and approved in writing by the local planning authority prior to any works occurring above ground level at the application site. These details shall include:

i) Finished levels;

ii) Means of enclosure, including gates;

iii) Car parking layouts;

iv) Vehicle and pedestrian access and circulation areas;

v) Hard surfacing materials;

vi) Indications of all existing trees and hedgerows on the land and identification of those to be retained; planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants noting species, plant supply sizes and proposed numbers/densities where appropriate.

 

    The details set out in (i) to (v) above shall be implemented as approved prior to occupation of the dwelling and retained thereafter. Soft landscape works, as required by (vi) above, shall be carried out  ...  view the full minutes text for item 178.

179.

FUL/MAL/00465 - Chartwell, 120 Maldon Road, Burnham-on-Crouch, Essex, CM0 8DB pdf icon PDF 900 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

Case Officer

Anna Tastsoglou

Parish

BURNHAM NORTH

Reason for Referral to the Committee / Council

Member Call In

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

 

A Members’ Update was submitted detailing representations received from interested parties and another letter from the agent providing further information regarding the proposed development.

 

Following the Officer’s presentation, an Objector, Mr Overall, a Supporter, Jo Batchelor and the Agent, Miss Nichola Brown, addressed the Committee.

 

A debate ensued where the benefits and problems surrounding the change of use this application presented were discussed. It was acknowledged that there was a need to support the vulnerable in society whilst securing the residential amenity of the existing residents. Members involved in this area of support work said that, from experience, having an open dialogue between residents and the respective children’s home facilitated positive co-existence.

 

The Committee were reminded that the proposed development had been assessed against all material planning considerations and was considered acceptable. Furthermore, the application was supported by Burnham Town Council.

 

The Lead Specialist Place advised the Committee that, given the resident consultation expiry date of the 18 June 2019, the recommendation on the report would be revised to one of delegation to the Director of Strategy, Performance and Governance for approval. A new report would be provided at the next Committee meeting, should new material planning considerations be raised.

 

The Chairman put the revised recommendation to the Committee that the decision be delegated to the Director of Strategy, Performance and Governance to be approved as per the officer’s recommendation, subject to no new material considerations being raised during the remainder of the neighbour consultation period, and this was agreed. 

 

RESOLVED that the decision be delegated to the Director of Strategy, Performance and Governance to be APPROVED as per the officer’s recommendation, subject to no new material considerations being raised during the remainder of the neighbour consultation period and 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 and Block Plan.

3.    The development hereby approved shall only be used as a children’s home and

or no other use within Use Class C2 of the Town and Country Planning (Use Classes) Order 1987 (as amended) unless otherwise agreed in writing by the local planning authority.

4.    Details of a cycle stores shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the development. The development shall be  ...  view the full minutes text for item 179.

180.

URGENT BUSINESS - FUL/MAL/18/00839 - Land Adjacent Orchard House. Nipsells Chase, Mayland, Essex pdf icon PDF 854 KB

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

Minutes:

Application Number

FUL/MAL/18/00839

Location

Land Adjacent Orchard House, Nipsells Chase, Mayland, Essex

Proposal

Change of use of land to equestrian and erection of building to be used for storage of agricultural machinery and stabling of six horses

Applicant

Mr & Mrs Kenny Paton

Agent

N/A

Target Decision Date

13.06.2019

Case Officer

Anna Tastsoglou

Parish

MAYLAND

Reason for Referral to the Committee / Council

Councillor Miss Sue White is co-applicant.

Major application

 

Following the Officer’s presentation, Miss White, the Applicant, addressed the Committee.

 

A lengthy debate ensued around changes to legislation in respect of prior to commencement conditions together with those pre-commencement conditions 12,13, and 14 yet to be agreed by the applicant in respect of this application. 

 

The Committee discussed the aforementioned conditions in detail to determine their relevance to the application. Following the discussion Councillor Fluker proposed that the application be approved subject to the applicant providing a method statement and protection plan in respect of the trees under the TPO, as referenced in pre-commencement condition 12 and that both pre-commencement conditions 13 and 14 be removed. This was duly seconded.

 

The Chairman put the proposal to approve the application to the Committee subject to the applicant’s agreement to the pre-commencement condition 12 on page 18 of the Urgent Business document and the removal of conditions 11, 13 and 14. Due to the removal of condition 11, condition 12 on page 18 would now be condition 11. This 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 complete accordance with approved drawings: 1142/01 RevA; 1142/02 RevA; 1142/03; 1142/04 and 1142/05.

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 use of the site and building hereby approved in accordance with the approved details and be retained as such in perpetuity.

5.     The stables hereby permitted shall be used solely for the private stabling of horses and no business or commercial use including for the purposes of livery or any riding school activity shall take place at the site.

6.     The storage area hereby permitted shall be used solely in association with the equestrian use of the site or for agricultural purposes and for no other use falling within B8 (storage and distribution) use of the Town and Country Planning (Use Classes) Order 1987 (as  ...  view the full minutes text for item 180.