Agenda and minutes

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

He advised that if required he would adjourn the meeting between each item of business.

The Chairman informed Members that he had agreed for the Leader of the Council to address the Council and this would be after Agenda Item No. 2 - Apologies for Absence.

Apologies for absence were received from Councillors R P F Dewick, I E Dobson,
Mrs H E Elliott, P G L Elliott, M W Helm, M R Pearlman and Rev. A E J Shrimpton.

The Leader of the Council advised that he had just received an email in relation to the Council’s Local Development Plan.  The communication was from Planning Inspector Simon Berkley and contained some 336 points.  The Leader then read out the final paragraph of the email which read as follows:

‘The Council has requested that I recommend main modifications to make the plan sound and or legally compliant and capable of adoption.  I conclude that with recommended main modifications set out in the appendix the Maldon District Development Plan 2014 – 2029 satisfies the requirements of Section 20 of the 2004 Act and meets the criteria for soundness in the National Planning Policy Framework.’

The Leader explained that this meant that the Inspector had found the Council’s Plan sound, it was already with the Secretary of State and a response expected very quickly.

The Leader of the Council thanked all Officers and Members for all their work in relation the Local Development Plan.  He explained this was a really significant moment for the Council and set it ahead of many other authorities in the Country.

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 S J Savage declared a non-pecuniary interest in Agenda Item 6 - FUL/MAL/17/00396 Land South of Wycke Hill and Limebrook Way Maldon as he was a single person.

Councillor Mrs P A Channer declared a non-pecuniary interest as a Member of Essex County Council advising that there were references to the Essex Design Guide in the report on which the County Council were consulted along with other matters.

Councillors M F L Durham and R Pratt declared non-pecuniary interest in any matter involving Essex County Council as they were Members of the County Council.

The Committee received the reports of the Chief Executive and determined the following planning applications, having taken into account all representations and consultation replies received, including those listed on the Members’ Update circulated at the meeting.

To consider the report of the Chief Executive, (copy enclosed).

It was noted from the Members’ Update that additional letters of representation had been received.  In addition, the Update advised that since publication a number of supporters / objectors had contacted the Council to advise that they wanted their letters redacted.

At the end of his presentation the Principal Planner – Major Applications (Strategic Sites) advised of an amendment to reason for refusal 5 to add in reference to Policy T2 of the proposed Local Development Plan.  This was to be added on the second to last line after Policy S1 and referred to transport modes and the choice of transport.

Following the Officers’ presentation an objector, Mr Patrick Forsyth (on behalf of Goldhanger Road Residents Group) and Councillor S Burwood on behalf of Heybridge Parish Council, addressed the Committee.

The Leader of the Council proposed that the Council accept the Officers’ recommendation of refusal as set out in the report and amended by the Officer.  This proposal was duly seconded.

A number of other Members commented on the application, raising concerns which included the proposed lighting, noise, location and removal of hedgerows and supported the recommendation of refusal.  Members thanked the Principal Planner – Major Applications (Strategic Sites) for his excellent report.

The Chairman then put the proposition from the Leader of the Council which upon a vote being taken was agreed.

RESOLVED that this application be REFUSED for the following reasons:

1          The proposed site is within a sensitive rural location outside of the defined settlement boundary of Heybridge, within the open countryside, and the site is located within a Coastal Zone as defined in the Adopted Maldon Replacement Local Plan where restraint policies apply.  In terms of the 2006 Maldon Landscape Character Assessment the site falls within ‘D2 – Maldon Drained Estuarine Marsh’ and this provides the baseline landscape character for this area, this being a drained coastal marsh landscape now isolated from tidal influences, hedgerows, isolated farmsteads and the urban / suburban influence of Maldon on eastern edges of the character area.  The character area has no villages within it but is characterised by dispersed historic farmsteads and scattered agricultural buildings within an irregular field pattern.  Historic footpaths and tracks link the farmlands to the main highway and the estuary.  Overall this character area has a strong sense of tranquillity, particularly in areas away from Maldon / Heybridge (eastern fringe) and the  ...  view the full minutes text for item 212.

To consider the report of the Chief Executive, (copy enclosed).

It was noted from the Members’ Update that additional letters of objection had been received.

Following the Officers’ presentation Councillor Richard Perry on behalf of Heybridge Parish Council addressed the Council.

The Leader of the Council proposed that the Council accept the Officers’ recommendation of refusal as set out in the report.  This proposal was duly seconded.

A number of Members commented on the application, highlighting concerns raised in the report and supporting the recommendation of refusal.  Members commended the Principal Planner – Major Applications (Strategic Sites) on his report.

In response to a question regarding maintaining the sporting facilities in the District, the Principal Planner – Major Applications (Strategic Sites) provided Members with further information.  He explained that if the Football Club were, for example, to buy a site and build a new pitch it was unlikely that Sports England would object.  

Councillor Mrs P A Channer questioned whether design could be included within or added as a reason for refusal.  In response the Officer suggested that reason for refusal 1 be amended to read “The development, by virtue of its scale, mass, design and layout…”.  This amendment was supported by Members.

The Chairman then put the Leader of the Council’s proposition of refusal for the reasons as set out in the report (with the suggested amendment to reason 1).  Upon a vote being taken this was agreed.

RESOLVED that this application be REFUSED for the following reasons:

1.         The development, by virtue of its scale, mass, design and layout is considered to provide for a cramped and contrived development out of character with the surrounding area and to the detriment of this edge of open rural land setting.  This is brought about by the number of dwellings as proposed, their height, scale mass and their form.  The development is considered contrary to paragraphs 61 and 64 of the National Planning Policy Framework; policies BE1 and BE6 in the Adopted Maldon District Local Plan, and Policy D1, D2, and N3 within the proposed Local Development Plan.

2.         The development as proposed forms a hard built edge immediately next to the eastern and southern boundaries of the site, which represent the boundaries to open countryside beyond the site.  This is considered to materially affect the character of this area to its considerable detriment  ...  view the full minutes text for item 213.

To consider the report of the Chief Executive, (copy enclosed).

It was noted from the Members’ Update that an amendment to paragraph 3.1.5 was detailed along with a revision to the proposed condition for approval.

The Principal Planner – Major Applications (Strategic Sites) presented the report and advised that if Members’ were mindful to approve the application that in addition to the condition detailed the other previous conditions would be reissued but a change to the Section 106 agreement was not required.

The Leader of the Council proposed that the Officers’ recommendation of approval subject to conditions be agreed.  This proposal was duly seconded. 

Councillor M S Heard advised the Council that he had called in this application as he felt it should be debated by the Council given that it was previously a decision taken by the Council to approve the previous mix of housing.  He highlighted his concerns regarding the proposed reduction in one bedroom accommodation.

In response to a number of questions, the Officer outlined that the change to a higher number of two bedroomed houses removed a large amount of dead space required with one bedroom flats e.g. stairwells etc.  Members were advised that the proposal was twice the number of one bedroom dwellings that the Strategic Housing Market Assessment identified there was a demand for. 

Following further discussion the Chairman put the proposal for approval to the vote.  Upon a vote being taken the Officers’ recommendation was agreed.

RESOLVED that planning permission be GRANTED for this Section 73 application and that condition 27, as attached to approved application FUL/MAL/14/01103, be amended to read:

That planning permission be granted for this Section 73 Application and that condition 27, as attached to approved application FUL/MAL/14/01103, be amended to read:

27.       CONDITION

The development shall be carried out in accordance with the private market housing mix as stated below:

REASON To ensure that the housing mix  ...  view the full minutes text for item 214.