Agenda and minutes

The Chairman welcomed all present to the meeting and took the Committee through some general housekeeping issues.

Apologies for absence were received from Councillors Mrs P A Channer,[1] R P F Dewick and N J Skeens.

To confirm the Minutes of the meeting of the Committee held on 14 April 2021, (copy enclosed).

RESOLVED

(i)              that the Minutes of the meeting of the Committee held on 14 April 2021 be received.

Minute No. 329 – 21/00088/FUL – Burnham Yacht Harbour, Foundry Lane, Burnham-on-Crouch

That the following text outlined in bold be added to the second sentence in the second paragraph of this minute item as follows:- ‘At this point Councillor W Stamp declared a pecuniary interest in this item of business as she had a boat on the site that she paid for, she then left the meeting’.

RESOLVED by assent

(ii)            that subject to the above amendment the Minutes of the meeting of the Committee held on 14 April 2021 be confirmed.

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).

Councillor W Stamp, CC declared a non-pecuniary interest in Item 6 -  21/00102/FUL - Land North of Riversleigh, Nipsells Chase, Mayland as she knew the applicant and on all agenda items as a member of Essex County Council.

At this point the Chairman advised that Item 6 -  21/00102/FUL - Land North of Riversleigh, Dispels Chase, Mayland had been withdrawn by the applicant.

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

Following the Officer’s presentation, the Chairman opened the debate.

Councillor Helm, noting that this was a retrospective application asked officers to advise what action had been taken regarding the lawful development certificate currently under appeal.  The Lead Specialist Place advised that it was an accepted point of Planning Policy that where an application was retrospective this should not be a factor in determining a recommendation and it was also accepted practice to submit an application to regularise breaches of planning control.

There being no further queries the Chairman moved the Officer’s recommendation to approve the application and this was seconded by Councillor Beale.  A recorded vote was requested by Councillor Helm, duly seconded by Councillor Bassenger and the results were as follows:-

For the Recommendation

Councillors M G Bassenger, B S Beale, A L Hull and W Stamp.

Against the Recommendation

None

Abstentions

Councillors V J Bell and M W Helm.

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.

REASON To comply with Section 91(1) The Town & Country Planning Act 1990 (as amended).

2.     The development hereby permitted shall be carried out in accordance with the following approved plans and documents: 2008/001, 2008/1011, 2008/1010 and 2008/100

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

3.     The materials used in the development hereby approved shall be as set out within the application form/plans hereby approved.

REASON In the interest of the character and appearance of the area in accordance with policy D1 of the approved Local Development Plan and guidance contained within the National Planning Policy Framework

4.     No floodlighting or other external form of illumination of the site shall be undertaken without the prior written approval of the local planning authority.

REASON To protect the amenity and character of the area and the amenity of neighbouring occupiers in accordance with policies S1, S8 and D1 of the Local Development Plan.

5.     The ménage hereby permitted shall be used solely for the private exercising of horses’ ancillary to the occupiers of The Barn, Steeple Road, Mayland as shown outlined in blue on the location plan and shall not be used for business or commercial use including for the purposes of livery or any riding school activity.

REASON To protect the amenity and character of the area and the amenity of neighbouring occupiers in accordance with policies S1, S8  ...  view the full minutes text for item 65.

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

It had already been noted that prior to the meeting the applicant had withdrawn this application.

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

Following the Officer’s presentation, the Applicant Mrs Taverner, addressed the Committee. The chairman then opened the debate.

A lengthy discussion ensued where Members debated a range of issues raised in the Officer’s report, particularly those outlined in the reasons for refusal.  Planning Officers took the committee through the 7 criteria that formed part of the Specialist Housing Needs SPD explaining where the application fell short of the requirements and hence the reason the application was recommended for refusal.

The final consensus was that Members felt, having debated the criteria and the reasons for refusal, that the proposed development fell within the annexe criteria set out within the Specialist Housing Needs SPD, and was therefore considered to be annexe accommodation, ancillary to the dwelling on the site known as Rosemary.

For that reason, Councillor Helm proposed that the application be approved contrary to the Officer’s recommendation, this was seconded by Councillor Stamp.

The Chairman then put Councillor Helm’s proposal to the Committee confirming that conditions would be delegated to Officers in consultation with the Chairman. The Committee agreed this by assent.

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