Agenda and draft minutes

Council Extraordinary - Planning
Thursday 21st March 2019 7.30 pm

Venue: Council Chamber. Maldon District Council Offices, Princes Road, Maldon

Contact: Committee Services 

Items
No. Item

972.

Chairman's Notices

Minutes:

The Chairman referred to the notices printed on the agenda.  At this time he also made reference to the forthcoming elections and reminded Members that that the Council was now in purdah.

973.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors Miss A M Beale, R P F Dewick, M F L Durham, CC, M W Helm, M R Pearlman and R Pratt, CC.

974.

Disclosure of Interest

To disclose the existence and nature of any Disclosable Pecuniary Interests, other Pecuniary Interest or Non-Pecuniary Interests relating to items of business on the agenda having regard to paragraphs 6 – 8 of the Code of Conduct for Members.

 

(Members are reminded that they are also required to disclose any such interest as soon as they become aware should the need arise through the meeting.)

Minutes:

Councillor S J Savage disclosed a non-pecuniary interest in Agenda Item 4 - RES/MAL/18/01440 and Item 5 – MLA/MAL/19/00101 Land South of Wycke Hill and Limebrook Way, Maldon, Essex as he was a Maldon Town Councillor.

 

Councillor Mrs P A Channer disclosed a non-pecuniary interest as an Essex County Councillor in any matter where the County Council were consultees on a variety of matters.

 

 

The Committee received the reports of the Director of Strategy, Performance and Governance and determined the following planning applications, having taken into account all representations and consultation replies received, including those listed on the Members’ Update circulated prior to the meeting.

975.

RES/MAL/18/01440 - Land South of Wycke Hill and Limebrook Way, Maldon, Essex pdf icon PDF 740 KB

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

Additional documents:

Minutes:

Application Number

RES/MAL/18/01440

Location

Land South Of Wycke Hill And Limebrook Way, Maldon, Essex

Proposal

Approval of reserved matters (layout, scale, appearance and landscaping) for Phase 2 of the Eastern Parcel of the wider Land South of Wycke Hill and Limebrook Way site (LPA Application Ref. FUL/MAL/18/00071), comprising the construction of 406 residential dwellings (Use Class C3) and associated work

Applicant

Taylor Wimpey (East London)

Agent

Ms Catherine Williams – Savills

Target Decision Date

25.03.2019

Case Officer

Kathryn Mathews

Parish

MALDON WEST

Reason for Referral to the Committee / Council

At the discretion of the Director of Strategy, Performance and Governance

 

This application was deferred from the last Council (Extraordinary) Committee – Agenda Item 5 (28 February 2019) due to a lack of technical information in the Officer report

 

Members were reminded that this application had been deferred at the last extraordinary meeting of the Council.

 

It was noted from the Members’ Update that a further consultation response from the Environment Agency had been received.

 

Following the Officers’ presentation Ms Williams, the Agent, addressed the Committee.

 

Having sought clarification on a point regarding design codes, Councillor A S Fluker, Leader of the Council, proposed that the application be approved in accordance with the Officers’ recommendation.  This proposal was duly seconded.

 

A number of Members raised concern regarding some of proposed properties not complying with the recommended minimum amenity space.  Officers advised that whilst this was true it had been assessed in line with the generous amount of public open space which would, by some means, compensate and overall Officers were happy that the proposal would be satisfactory.  It was noted that the proposed parking had been assessed as complying with the Council’s car parking standards. 

 

Councillor B E Harker referred to the design of some of the proposed flatted blocks, felt that there had been little regard to the garden suburb principles and was concerned regarding the amenity spaces being below the minimum standard.  He proposed that the application be refused, contrary to Officers’ recommendation, due to the under-provision of amenity space for some of the dwellings proposed.  The Chairman advised him that there was already a proposition, of approval, and therefore if he disagreed he would need to vote against it.

 

A lengthy discussion ensued, during which Officers provided guidance and responded to a number of points and concerns raised by Members regarding the proposed application, including the following:

 

·             It was clarified that garden suburb principles set out in the South Maldon Garden Suburb Strategic Masterplan Framework Supplementary Planning Document are landscape led in terms of the space around the built form and the approved infrastructure made for provision of that including the Design Codes greenways which are approved at up to 25m wide and accessible for all residential parcels facing onto green spaces.  Those buildings with lower levels of amenity space had been located within significant landscaped public open spaces areas to compensate.

 

·             The Maldon District Design Guide applied in terms of amenity space standards and are taken  ...  view the full minutes text for item 975.

976.

MLA/MAL/19/00101 - Land South of Wycke Hill and Limebrook Way, Maldon, Essex pdf icon PDF 622 KB

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

Minutes:

Application Number

mla/MAL/19/00101

Location

Land South Of Wycke Hill And Limebrook Way, Maldon, Essex

Proposal

Application for a modification to Section 106 legal agreement executed under planning application OUT/MAL/14/01103 as amended by Deed of Variation (references FUL/MAL/16/01454 and FUL/MAL/17/00396)

Applicant

Taylor Wimpey (East London)

Agent

Ms Catherine Williams – Savills

Target Decision Date

Not applicable

Case Officer

Kathryn Mathews

Parish

MALDON WEST

Reason for Referral to the Committee / Council

Not delegated to Officers

 

Following the Officers’ presentation Ms Williams, the Agent, addressed the Committee.

 

Councillor A S Fluker, Leader of the Council, proposed that the application be approved in accordance with Officers’ recommendation.  This proposal was duly seconded. 

 

Councillor S J Savage raised concern regarding the proposed allotments and their future management.  He then proposed an amendment to the proposition in the name of Councillor Fluker, that the relevant Parish Council be offered first choice to run the allotments.  This was duly seconded.  In response to a request for clarification, Councillor Savage advised that Parish Council was the legal term and therefore would encompass both Maldon and Burnham-on-Crouch Town Councils.

 

The Chairman sought clarification from the Council’s Interim Monitoring Officer as to whether the amendment was permissible.  In response, the Interim Monitoring Officer referred to the Section 106 Agreement and the need to clarify whether ‘green infrastructure’ as defined within this Agreement included allotments.  He therefore asked Members to consider a brief adjournment to allow him to consult with Officers and view the Section 106 Agreement.

 

A debate ensued, during which Councillor Miss M R Lewis proposed that the application be deferred for one meeting so further information could be sought.  This was not supported.

 

At this point the Chairman adjourned the meeting.

977.

Adjournment of the Meeting

Minutes:

RESOLVED that the extraordinary meeting be adjourned to allow the Interim Monitoring Officer and Officers to discuss the proposed amendment.

978.

Resumption of Business in open session

Minutes:

RESOLVED that the extraordinary meeting of the Council resumes at 8:56pm.

979.

MLA/MAL/19/00101 - Land South of Wycke Hill and Limebrook Way, Maldon, Essex Continued

Minutes:

On resumption of the meeting the Interim Monitoring Officer advised Members that allotments were defined within the Section 106 Agreement as green infrastructure and therefore within the parameters of the report to Members.  Therefore, if Councillor Savage wished to make an amendment he could.

 

At this point Councillor Savage repeated his earlier proposed amendment.

 

Councillors M S Heard, Mrs N G F Shaughnessy and Rev. A E J Shrimpton all declared an interest in this item of business as they were Maldon Town Councillors.

 

The Chairman then put the proposed amendment in the name of Councillor Savage to the vote and this was duly agreed.

 

Further debate ensued, in response to questions regarding the contributions for youth facilities, the Principal Planning Officer provided clarification regarding the figures provided in the report and explained that the Council’s Parks Team had advised that they were reasonable.

 

The Chairman then put the proposal of Councillor Fluker, duly amended by Councillor Savage and upon a vote being taken this was agreed.

 

RESOLVED that the proposed changes to the Section 106 Agreement be APPROVED as set out below:

·                 The current definition of ‘Local Management Organisation’ (LMO) be amended to ‘a community interest company or another incorporated or unincorporated body appointed pursuant to Schedule 8 of this Deed’.

·                 To allow a separate LMO to be set-up for the East and West Green Infrastructure and separate LMO (or multiple) to be set-up for the sports facilities, allotment site and tunnel (which would connect the Eastern and Western Parcels).

·                 The current definition of the ‘Youth Facilities Contribution’ be amended to ‘the contribution in the sum of £173,894.00 to be paid to the District Council for the Purposes and specifically towards the provision of Youth Facilities’.

·                 The addition of a requirement for the MUGA and sports hall / community space to be provided by the developer.

 

and with amendment that the relevant Parish / Town Councils be offered first choice to run the allotments.


980.

FUL/MAL//17/01262 - Land Bounded by Maldon Road and Creeksea Lane, Burnham-on-Crouch, Essex pdf icon PDF 562 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/17/01262

Location

Land Bounded by Maldon Road and Creeksea Lane Burnham-on-Crouch

Proposal

4 new homes and garages, access to Maldon Road, amenity space and associated infrastructure.

Applicant

Mr S Butler-Finbow – Pigeon Land Ltd

Agent

Mr Simon Charter- Parc Design Solutions Ltd.

Target Decision Date

22.03.2019

Case Officer

Devan Lawson

Parish

BURNHAM-ON-CROUCH NORTH

Reason for Referral to the Committee / Council

Strategic site within the strategic submitted Local Development Plan

 

The Members’ Update circulated prior to the meeting provided the following information:

·                 Amendment to paragraphs 3.1.5 and 3.1.7 of the report;

·                 Information regarding approval of pre-commencement conditions (section 5.15 of the report)

·                 Further consultation response had been received from Burnham-on-Crouch Town Council.

·                 An additional letter of objection received from a neighbouring occupier.

 

Following the Officers’ presentation Mr Butler-Finbow, the applicant, addressed the Committee.

 

Councillor A S Fluker, Leader of the Council, proposed that the Officers’ recommendation as set out in the report be agreed.  This was duly seconded.

 

Following an exchange between herself and the Chairman of the Council regarding Procedure Rule 8(4) – Content and length of speeches, Councillor Miss M R Lewis requested that her disgust at the Chairman’s attitude to a request she had made be Minuted.

 

A number of concerns were raised regarding the size of the proposed garages and the annexe accommodation above them.  The Lead Specialist Place clarified that the garages were as per the previous application approved and although they did not accord with the Council’s Parking Standards (recently amended) they could be built as proposed without needing planning permission.

 

In response to a question regarding letting out the annexe accommodation above the proposed garages, the Lead Specialist Place advised that this could occur but there was a proposed condition which required that the use of the annexe accommodation remain ancillary to the main dwelling.

 

Councillor S J Savage declared a non-pecuniary interest in this item of business as he had a garage and someone else’s house was above it.

 

The Lead Specialist Place informed the Council the extant permission meant that the garages could be built out at any time with the same shortfall in policy this was a material consideration and held substantial weight.  In his opinion the Officer advised that it was not possible to demonstrate harm by this shortfall.

 

Following further debate the Chairman put the Officers’ recommendation as proposed by Councillor Fluker and upon a vote being taken this motion was declared lost.  The Chairman then sought a proposal for refusal.

 

Councillor B E Harker proposed that the application be refused, contrary to Officers’ recommendations, because it failed to meet the Council’s adopted parking standards of the Local Plan as the depth of the garages was only 6.1m and 7m contrary to the Local Plan.  This proposal was duly seconded.

 

The Chairman asked the Lead Specialist Place to comment on whether this was a valid material consideration for a reason for refusal and reminded Members of need to have valid reasons for  ...  view the full minutes text for item 980.