Agenda and minutes

South Eastern Area Planning Committee - Wednesday 10th April 2024 7.30 pm

Venue: Burnham Town Council Offices, Chapel Road, Burnham-on-Crouch, Essex, CM0 8JA. View directions

Contact: Committee Services  Email: Committee.Clerk@maldon.gov.uk

Media

Items
No. Item

705.

Chairperson's notices

Minutes:

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

706.

Apologies for Absence

Minutes:

An apology for absence was received from Councillor U C G Siddall-Norman.

707.

Minutes of the last meeting pdf icon PDF 153 KB

To confirm the Minutes of the meeting of the Committee held on 14 February 2024, (copy enclosed).

Minutes:

RESOLVED

 

(i)         that the Minutes of the meeting of the Committee held on 14 February 2024 be received.

 

Minute No. 479 - any other items of business that the chairperson of the committee decides are urgent

Councillor A S Fluker proposed the wording of this Minute be amended to include additional context, specifically reference to Steve Wright, a Creeksea resident, being a Radio DJ who had previously attended this Committee and promoted Burnham-on-Crouch. This amendment was duly noted.

 

The Chairperson then moved that the Minutes be confirmed, subject to the above amendment and this was duly agreed.

 

RESOLVED

 

(ii)        that subject to the above amendment the Minutes of the meeting of the Committee held on 14 February 2024 be confirmed.

708.

Disclosure of Interest

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).

Minutes:

Councillor R G Pratt declared a pecuniary interest in agenda item 7. 24/00105/FUL - Town Steps, The Quay, Burnham-on-Crouch, Essex, due to him being the Chairman of the Charity Board which had been claiming ownership of the land on which the pontoon would be placed. Councillor Pratt confirmed that he would leave the Chamber for that item and not return.

 

At this point of the meeting and with the permission of the Chairperson, Councillor W Stamp brought to the attention of the Committee that an individual had been telephoning some of the female Council Members. She wanted to reassure Members that the issue was being taken seriously and being dealt with by the Council. 

 

Councillor W Stamp declared she had an interest in agenda item 5. 23/00925/FUL - Land Adjacent 39 Green Lane, Burnham-on-Crouch, and would leave the Chamber for this item.

 

The Chairperson declared that Members of the Committee had the required dispensation from the Monitoring Officer regarding agenda item 7. 24/00105/FUL - Town Steps, The Quay, Burnham-on-Crouch, Essex, due to this being a Council application.

 

At this point of the meeting and in accordance with her earlier declaration Councillor Stamp left the Chamber.

709.

23/00925/FUL - Land Adjacent 39 Green Lane, Burnham-on-Crouch pdf icon PDF 446 KB

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

Minutes:

Application Number

23/00925/FUL

Location

Land Adjacent 39 Green Lane, Burnham-on-Crouch

Proposal

Erection of a four-bedroom detached chalet style dwelling.

Applicant

Mr S Latif

Agent

Mr David DeVries

Target Decision Date

17.04.2024

Case Officer

Hayley Sadler

Parish

BURNHAM NORTH

Reason for Referral to the Committee / Council

Departure from the local plan

 

Following the Officer’s presentation, the Chairperson opened the floor for debate.

 

Councillor A S Fluker proposed that the application be approved in accordance with the Officer’s recommendation and this was duly seconded. The Chairperson put the proposal of Councillor Fluker to the Committee and 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 hereby permitted shall be carried out in accordance with the following approved plans: LP1, PL.1, X01 Rev A, X02 Rev B, 05 Rev A.

3          No works above ground level shall take place until written details of the proposed materials to be used in the development hereby permitted have been submitted to       and approved in writing by the local planning authority. The development shall be      carried out using the materials and details as approved.

4          No development above slab level shall take place until details of all hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority.  These details shall include:

a)         means of boundary enclosure

b)         hard surfacing materials

c)         schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate and

d)         implementation timetables.

 

All hard and soft landscape works shall be carried out in accordance with the approved details. Any plant material removed, dying or becoming seriously damaged or diseased within 5 years of planting shall be replaced in the next planting season with others of similar size and species unless otherwise agreed in writing by the local planning authority.

5          Areas within the curtilage of the site for the purpose of the reception and storage of building materials shall be identified clear of the highway.

6          Prior to first occupation of the development, cycle parking shall be provided in accordance with the EPOA Parking Standards. The approved facility shall be secure, convenient, covered and retained at all times.

 

At this point of the meeting Councillor Stamp returned to the Chamber.

710.

23/01212/FULM - Land South of 97 South Street, Tillingham pdf icon PDF 989 KB

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

Additional documents:

Minutes:

Application Number

23/01212/FULM

Location

Land South of 97 South Street, Tillingham

Proposal

Residential development for 11 dwellings, formation of new vehicular and pedestrian access, associated open space, parking and landscaping

Applicant

Mr B Levy – Countryside Style Ltd

Agent

Mr Chris Wragg – Arcady Architects Ltd

Target Decision Date

03.05.2024

Case Officer

Devan Hearnah

Parish

TILLINGHAM

Reason for Referral to the Committee / Council

Departure from the local plan

Major Application

Member Call In by Councillors A S Fluker and M G Neall – Policies D1, D2, D3, E4 and S8

 

It was noted from the Members’ Update that since the publication of the agenda, a formal response from the Local Lead Flood Authority had been received.

 

Following the Officer’s presentation an objector Mr Williams and the Agent Mr Wragg addressed the Committee.

 

The Chairperson moved the Officer’s recommendation as set out in the report which was duly seconded.

 

A lengthy debate ensued during which some Members raised concerns regarding the Officers’ proposal and the following points were discussed:

 

·        The application site was situated outside the defined settlement boundaries and was therefore contrary to Policy S8 of the Local Development Plan (LDP) (2017).

 

·        The Council could currently demonstrate a Five Year Housing Land Supply (5YHLS) which met with the requirements of the National Planning Policy Framework (NPPF).

 

·        The development would be detrimental to the character and openness of the Countryside in which Tillingham sits in.

 

·        The site had not been identified by the Council for development to meet future needs for the District.

 

·        Although the application would provide affordable housing due to the rural location and facilities available it was questioned whether this would be better suited in a location with better access to employment and facilities.

 

Councillor A Fittock outlined how he felt the application would conflict with the Council’s core policies and then proposed that the application be refused, contrary to the Officer’s recommendation, on the grounds that it was contrary to Policies S1, S2 and S8 of the LDP and that the benefit did not out way the harm. This proposal was duly seconded by Councillor M G Neall.

 

In accordance with Procedure Rule No. 13 (3) Councillor A S Fluker requested a recorded vote. This was duly seconded.

 

In response to queries raised by Members, the Team Manager - Development Control advised that there were several factors that Officers had given great weight to when coming to their recommendation of approval. These included the provision of affordable housing ensuring that the Council maintained its 5YHLS figure for the remainder of the plan and reference to recent appeal decisions for adjacent sites. The facilities of the village were also looked at and the range of facilities present would be able to sustain everyday need. In answer to a question, about approval creating a precedent, members were advised that each application is treated on its own merits and that to approve the application would not weaken the case for members in considering applications for sites elsewhere in the  ...  view the full minutes text for item 710.

711.

24/00105/FUL - Town Steps, The Quay, Burnham-on-Crouch, Essex pdf icon PDF 666 KB

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

Minutes:

Application Number

24/00105/FUL

Location

Town Steps The Quay Burnham-on-Crouch Essex

Proposal

Construction and installation of a replacement town pontoon, which includes replacement floating pontoon, refurbishment and reinstallation of access walkway and associated works.

Applicant

Ms Katy Moore – Maldon District Council

Agent

Mr Alan Dempsey – Nex Architecture

Target Decision Date

10.04.2024

Case Officer

Juliet Kirkaldy

Parish

BURNHAM SOUTH

Reason for Referral to the Committee / Council

Council application

 

Following the Officer’s presentation and with the permission of the Chairperson the Team Manager - Development Control read out a statement provided by the Council’s Senior Project Manager acting as the Applicant for the application.

 

Before opening the debate, the Chairperson expressed her disappointment in the like for like replacement that was in front of the Committee for determination rather than what had been promised initially and the time that Members of the Committee and residents of Burnham-on-Crouch had waited for this development.

 

The Chairperson moved the Officer’s recommendation of approval as set out in the report and this was duly seconded.

 

In response to a question regarding amending condition 1 so that work can be completed as soon as possible, Officers confirmed that the starting timeframe could amended, however, there would need to be a sound planning reason for this.

 

Councillor W Stamp advised that if the development was not started by 2025 then the Council would lose the funding for the project.

 

Members felt that the proposed application needed to be completed as soon as possible due to the pontoon being of great importance to the local community and businesses as a tourist facility. It was agreed that if Members’ were minded to approve the application condition 1 would be amended to ensure that work had begun before the expiration of one year from the date of the approval of the application.

 

The Chairperson put the Officer’s recommendation of approval to the Committee, subject to the above amendment to condition 1 and this was agreed by assent.

 

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

 

1.         The development hereby permitted shall be begun before the expiration of one year from the date of this permission.

2.         The development hereby permitted shall be carried out in accordance with following approved plans and documents:

           117-Nex-00-XX-DR A – 102 REV P1 Pontoon Site Location Plan – existing

           117-Nex-00-XX-DR A – 103 REV P1 Pontoon Block Plan – existing

           117-Nex-00-XX-DR A – 251 REV P1 Pontoon Site Elevation – proposed

           117-Nex-00-XX-DR A – 252 REV P1 Pontoon Elevations – proposed

           117-Nex-00-XX-DR A – 120 REV P1 Pontoon Plan – existing

           117-Nex-00-XX-DR A – 121 REV P1 Detail Plan – existing

           117-Nex-00-XX-DR A – 230 REV P1 Pontoon Plan – proposed

           117-Nex-00-XX-DR A – 231 REV P1 Pontoon Detail Plan – proposed

3.         The materials used in the construction of the development hereby approved shall be as stated within plans no. 117-Nex-00-XX-DR A – 251 REV P1,117-Nex-00-XX-DR A – 252 REV P1, 117-Nex-00-XX-DR  ...  view the full minutes text for item 711.