Agenda and minutes

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

Apologies for absence were received from Councillors J P F Archer, H M Bass,
I E Dobson, C A R MacKenzie, M R Pearlman, D M Sismey and
Rev. A E J Shrimpton.

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 6-10 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 R G Boyce MBE CC declared a non-pecuniary interest, as he was a Member of Essex County Council and also Chairman of an Almshouse Trust.

Councillor Mrs P A Channer CC declared a non-pecuniary interest, as she was a Member of Essex County Council and also Chairman of an Almshouse Trust.

Councillor Mrs B F Acevedo declared a non-pecuniary interest in relation to Agenda Item 4 – FUL/MAL/14/00356 Land Between Chandlers and Creeksea Lane, Maldon Road, Burnham-on-Crouch as she knew many of the objectors.

Councillor A S Fluker declared in the interest of openness and transparency he knew some of the objectors and one of the agents working for the Agent, in relation to Agenda Item 4 – FUL/MAL/14/00356 Land Between Chandlers and Creeksea Lane, Maldon Road, Burnham-on-Crouch.

Councillor N R Pudney declared a non-pecuniary interest in relation to Agenda Item 4 – FUL/MAL/14/00356 Land Between Chandlers and Creeksea Lane, Maldon Road, Burnham-on-Crouch as he knew many of the objectors.

At this point in the meeting the Chairman asked that to aid those Members of the Public in attendance but seated outside of the Chamber that Members stand when speaking.

To consider the planning application and recommendations of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

The Council considered the report of the Director of Planning and Regulatory Services and determined the following planning application, having taken into account all representations and consultation replies received.

The Chairman advised the Committee that members of the public had registered their wish to speak and outlined the procedure for public participation.

It was noted from the Members’ Update that consultation responses had been received from Burnham-on-Crouch Town Council, Essex County Highways, the Countryside & Coast Officer and Housing Services.  A further seven letters of objection had also been received.

During her presentation the Major Applications Officer outlined the amendments that had been made to the application since its original submission.  She advised of some further amendments to the detailed conditions Officers would like Members to consider should they be mindful to approve the application.

Following the Officers’ presentation an objector Mrs Natalie Bettany speaking on behalf of BROOD (Burnham Residents Oppose Over Development), Councillor Wendy Stamp on behalf of Burnham-on-Crouch Town Council and the Agent Mr Barker addressed the Committee.

Councillor Miss M R Lewis referred to concerns she had received from the public regarding the late posting of information regarding this application on the Council’s website.  She also referred to Members having requested legal advice from Mr Jameson, the Council’s legal representative, and felt it would be beneficial to obtain that at the beginning of discussions.  Councillor Miss Lewis proposed that this legal advice be heard under Procedure Rule 5 (16) Motion under Section 100A of the Local Government Act 1972 to exclude the public.  This proposal was duly seconded and upon a vote being taken was agreed.

RESOLVED that under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the specific purpose of receiving legal advice relative to this matter from the Council’s Solicitor, on the grounds that this is likely to involve the disclosure of exempt information as defined in paragraph 5 of part 1 of Schedule 12a to the Act, and that this satisfies the public interest test.

In response to questions, the Council’s legal representative provided legal advice in respect of application FUL/MAL/14/00356 – Land between Chandlers and Creeksea Lane, Maldon Road, Burnham-on-Crouch.

RESOLVED that the meeting be resumed in open session.

RESOLVED that the meeting be adjourned at 8:19pm to allow those members of the public in attendance to return to the Council Chamber.

RESOLVED that the meeting be resumed in open session at 8:26pm.

A lengthy debate ensued and in response to a number of questions and concerns raised by Members, the Director of Planning and Regulatory Services and Major Applications Officer provided the Council with the following information:

·                 No viability tests around infrastructure and affordability had been carried out as part of this application as the proposal was policy compliant.

·                 The application met the required amount of amenity space in accordance with Council’s policy, and in fact exceeded this for many dwellings.

·                 It was clarified that although the Secretary of State had powers to call in an application it was unlikely that these powers would be exercised in respect of density as it was expected that density would be determined at a local level.

·                 Any monies agreed as part of the heads of terms for a Section 106 would constitute a legal obligation which would run with the land in perpetuity unless appealed or varied by Deed of Variation

·                 It was confirmed that the last two points of the heads of terms referenced requirements to manage and maintain green infrastructure and the attenuation lake.

·                 The land adjacent to the site and within the ownership of the applicant could not be annexed to the current site through a Section 106 agreement so as to require that it not be the subject of any future application. To do so would fetter the right of the land owner to make a future application

·                 The Council’s legal representative explained how the Council would seek detailed drafting of any Section 106 agreement to ensure that development / infrastructure came at the right stage of scheme in order to alleviate concerns about future insolvency of the developer prior to provision of the affordable housing.

Some Members, including the Ward Members, raised concerns regarding the proposed development which related to:

·                 density and design of the site;

·                 the need for the proposed care home, the location of the day-care facility and its proximity to the proposed industrial areas, and car parking provision for these facilities;

·                 how the proposed development would fit in with existing surroundings and the entrance to Burnham-on-Crouch;

·                 the desire for a coastal buffer and how this would give opportunity to have open land along the bottom half of the site.

Councillor Miss M R Lewis drew Members’ attention to the amendments made by the developer since deferral at Council on 31 March and advised of the age profile for the Maldon District which had recently been published.  She requested that if Members were mindful to approve the application that condition 14 be amended to read “…areas of the site outside of the operating hours as detailed in conditions 12 and 13.”.  She then proposed that the Officers’ recommendation of approval be accepted subject to the proposed amendment to condition 14.  This proposal was duly seconded.

Councillor R G Boyce raised a point of order referring to an earlier ruling by the Chairman in respect of a statement made by Councillor B E Harker when he  ...  view the full minutes text for item 387.