Agenda and draft minutes

SPECIAL Meeting, District Planning Committee - Wednesday 23rd October 2019 7.30 pm

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

Items
No. Item

474.

Chairman's Notices

Minutes:

The Chairman referred to the notices printed on the agenda.

475.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors V J Bell, Miss A M Beale, K W Jarvis and N Skeens.

476.

Minutes of the last meeting pdf icon PDF 307 KB

To confirm the Minutes of the meeting of the District Planning Committee held on 19 September 2019 (copy enclosed).

Minutes:

RESOLVED that the Minutes of the meeting of the District Planning Committee held on 19 September 2019 be approved and confirmed.

477.

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 Mrs P A Channer disclosed a non-pecuniary interest as a member of Essex County Council who were consulted on matters including highways and access and were Lead Local Flood Authority.  In relation to Agenda Items 6, 7 and 8 she advised that as an Essex County Councillor she had been involved in a meeting with Anglian Water, North Fambridge Parish Council and the respective Ward Members and would also be involved in subsequent meetings.

 

Councillor R H Siddall disclosed a pecuniary interest in Agenda Item 5 – FUL/MAL/19/00561 The Commodity Centre, Braxted Park Road, Great Braxted as they were one of his customers and advised that he would leave the meeting for this item of business.

 

Councillor M F L Durham disclosed a non-pecuniary interest as a member of Essex County Council who were statutory consultees on matters including education and highways.

 

 

In light of his earlier declaration, Councillor R H Siddall left the meeting at this point.

478.

FUL/MAL/19/00561 - The Commodity Centre, Braxted Park Road, Great Braxted pdf icon PDF 578 KB

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

 

Minutes:

Application Number

FUL/MAL/19/00561

Location

The Commodity Centre, Braxted Park Road, Great Braxted

Proposal

Change of use of land to a Lorry marshalling area, additional car parking and associated landscaping.

Applicant

Routebuy Ltd.

Agent

Mr Russell Forde – Smart Planning Ltd

Target Decision Date

EOT 30.09.2019

Case Officer

Devan Lawson

Parish

GREAT BRAXTED 

Reason for Referral to the Committee / Council

Partially sited within a Strategic site within the Local Development Plan

 

Following the Officers’ presentation, the Agent, Mr Forde addressed the Committee.

 

The Chairman then formally moved approval of the recommendations as set out in the report.  This was duly seconded.

 

In response to questions raised the Senior Planning Officer clarified that proposed condition 2 sought approval of a landscaping scheme.

 

The Chairman then put the proposal which upon a vote being taken was duly agreed.

 

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

1          The development, with the exception of the landscaping, shall be carried out in accordance with the following approved plans and documents:  17.4443/M001, 17.4443/M002 Rev E, 17.4443/M003 Rev D, 17.4443/E101 Rev D, 17.4443/P201 Rev G, 17.4443/P205 Rev D, NC18.441-P201 Rev B, 12292-SK03 Rev A,

2          No further development shall be carried out unless within three months of the date of this decision a scheme for the landscaping of the site, including details of changes to natural ground level and a timetable for its implementation, has been submitted for the written approval of the local planning authority.

 

The use hereby permitted shall cease and all hardstanding and stored items brought onto the land for the purposes of such use shall be removed within six months of the date of failure to meet any one of the requirements set out in (i) to (iv) below:

 

(i)        within three months of the date of this decision the above mentioned landscaping scheme shall have been submitted for the written approval of the local planning authority

 

(ii)       if within eleven months of the date of this decision the local planning authority refuse to approve the scheme or fail to give a decision within the prescribed period, an appeal shall have been made to, and accepted as validly made by, the Secretary of State

 

(iii)      if an appeal is made in pursuance of (ii) above, that appeal shall have been finally determined and the submitted scheme shall have been approved by the Secretary of State

 

(iv)      the approved scheme shall have been carried out and completed in accordance with the approved timetable

3          The hard surfacing of the development hereby approved shall be constructed of grey coloured road planings / scalpings as detailed within the application form and as detailed on plan 12292-SK03 Rev A.

4          No further development shall be carried out unless within three months of the date of this decision a scheme for scheme detailing the means of preventing oil and other such liquid pollutants leaking / seeping into the land or controlling such leaking / seeping, has been submitted for the  ...  view the full minutes text for item 478.

479.

DET/MAL/19/05116 - Land West of Fambridge Road, North Fambridge pdf icon PDF 586 KB

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

 

Minutes:

Application Number

DET/MAL/19/05116

Location

Land West of Fambridge Road, North Fambridge

Proposal

Compliance with conditions notification OUT/MAL/14/01016 (Outline planning application for up to 75 market and affordable dwellings, a village centre of up to 1,000 sq m of flexible commercial and community floorspace, a 1.8ha village green and public open space) Condition 13 - Foul & surface water drainage.  Condition 31 - Wastewater strategy.  Condition 33 - Foul water strategy.

Applicant

BDW Eastern Counties

Agent

N/A

Target Decision Date

8 November 2019 (Under PPA)

Case Officer

Julia Sargeant

Parish

North Fambridge

Reason for Referral to the Committee / Council

Under Planning Performance Agreement (PPA)

 

Following the Officer’s presentation Councillor Lloyd of North Fambridge Parish Council, Mr Boden (an objector) and the Agent Mr Houghton addressed the Committee.

 

The Chairman then formally moved that the Officers’ recommendation as set out in the report be agreed.  This was duly seconded.

 

Both Ward Members addressed the Committee, providing some history regarding the site and raised concern regarding zonal funding, the proposed route of the pipeline and proposed conditions.  Deferral of the application until written agreements, pipeline plans had been agreed was suggested but not supported.

 

In response to a query regarding condition 13 and discharging this, the Senior Development Control Officer clarified that legal advice had been sought and it had been confirmed that the majority of the second part of this condition related to compliance.  The element that needed information submitted related to the confirmation of capacity which had been received.  It was clarified, that in discharging a condition Members were not removing the condition from the consent and it could therefore be enforced.  By discharging the Council was purely discharging particular elements of the condition.

 

A comment was raised in relation to the location of the pumping station, referred to by the public speaker and it was confirmed that approval of the pumping station had been given as part of a separate Reserved Matters application.  Following further comments regarding conditions, the Lead Specialist Place advised that any differences related to drafting styles.

 

The Senior Development Control Officer provided Members with information from Anglian Water with regards to installation of the rising main and how the proposed route of this was for them to agree.

 

Following further debate the Chairman put the earlier proposal of approval.  Upon a vote being taken this was agreed.

 

RESOLVED that the following conditions be DISCHARGED:

 

Conditions imposed on outline planning application OUT/MAL/14/01018

Discharged?

13

Yes

31

Yes

33

Yes

 

480.

DET/MAL/19/05117 - Manor Farm, The Avenue, North Fambridge pdf icon PDF 565 KB

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

 

Minutes:

Application Number

DET/MAL/19/05117

Location

Manor Farm, The Avenue, North Fambridge

Proposal

Compliance with conditions notification OUT/MAL/14/01018 (Outline planning application for up to 30 dwellings) Condition 16 - Foul water strategy.  Condition 29 - Detailed wastewater

Applicant

BDW Eastern Counties

Agent

N/A

Target Decision Date

8 November 2019 (Under PPA)

Case Officer

Julia Sargeant

Parish

North Fambridge

Reason for Referral to the Committee / Council

Under Planning Performance Agreement (PPA)

 

In response to a question regarding the Planning Inspectorate’s appeal decision in relation to the outline application, the Senior Development Control Officer advised Members that this application dealt with discharge of conditions no additional dwellings were proposed and therefore no further mitigation was required in respect of the adjacent RAMSAR site.

 

In response to a request, the Officer outlined why these conditions were being discharged and a subsequent application due to be considered by the Committee was removing them.  Members were informed that the Council had a duty to determine this application, but its implementation was up to the applicant.

 

The Chairman put the Officers’ recommendations to the Committee and upon a vote being taken this was agreed.

 

RESOLVED that the following conditions be DISCHARGED:

 

Conditions imposed on outline planning application OUT/MAL/14/01018

Discharged?

16

Yes

29

Yes

 

481.

OUT/MAL/19/00556 - Manor Farm, The Avenue, North Fambridge pdf icon PDF 635 KB

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

Minutes:

Application Number

OUT/MAL/19/00556

Location

Manor Farm, The Avenue, North Fambridge

Proposal

Remove conditions 16 & 29 on approved application OUT/MAL/14/01018 (Outline planning application for up to 30 dwellings) and replace with a new condition.

Applicant

BDW Eastern Counties

Agent

N/A

Target Decision Date

8 November 2019 (Under PPA)

Case Officer

Julia Sargeant

Parish

North Fambridge

Reason for Referral to the Committee / Council

Member Call In

Under Planning Performance Agreement (PPA)

 

Following the Officers’ presentation Councillor Lloyd of North Fambridge Parish Council addressed the Committee.

 

Councillor Miss S White, a Ward Member, felt that the comments raised by the Parish Council in respect of lighting were valid and Condition 6 should be amended to request the height of lighting poles be reduced to take into consideration wildlife and nature on the site.  In response the Senior Development Control Officer explained that the reasons why this change to the condition could not be applied as nothing had materially changed but advised that an informative could be added suggesting that a sensitive lighting scheme be implemented.

 

In response to comments from Members, the Lead Specialist Place advised that a variation of conditions application provides the Council opportunity to review conditions, the proposed revised conditions had taken into account changes to Government Guidance one of which was that prior to commencement should not be used.

 

Councillor Miss White proposed that a condition be added seeking that the lighting strategy be brought back for Member approval.  In response the Lead Specialist Place provided some guidance regarding requiring conditions to be brought back to the Committee as this was delegated to Officers.  He further explained and gave example of where the Director of Strategy, Performance and Governance had used his delegated powers to send an item back to the Committee.

 

It was further clarified that the Ecological Mitigation Strategy (EMS) had been approved under the previous DET permission and would apply to this application.  Any lighting scheme submitted would have to be sensitive as part of the EMS.

 

The Chairman then proposed that the Officers recommendation of approval as set out in the report be agreed and this was duly seconded.  Upon a vote being taken this motion was declared lost.

 

A discussion ensued and in response the Lead Specialist Place advised that in relation to Members’ concerns regarding ecology and lighting taking into account the DET application which had been agreed it would be reasonable to vary proposed condition 6 to accommodate details from the DET and make the condition clearer that the two matters were dealt with together.

 

Councillor Mrs P A Channer proposed that the application be approved as set out in the report subject to an amendment to condition 6, the wording revised condition to be agreed with the Chairman of the Committee and Ward Members.  This proposal was duly seconded and upon a vote being taken agreed.

 

RESOLVED that this application be APPROVED subject to the applicant entering into a deed of variation legal agreement to tie the Section 106 legal  ...  view the full minutes text for item 481.

482.

Appointment of Representatives on Liaison Committees pdf icon PDF 194 KB

To consider the report of the Director of Strategy, Performance and Governance, (copy enclosed).

Minutes:

The Chairman advised that the appointment to these Liaison Committees was not for this Committee to determine and should therefore be referred to the Council.  This was agreed.

 

RESOLVED that appointment to the bodies detailed in the report be referred to the Council for determination.

483.

Any other items of business that the Chairman of the Committee decides are urgent

Minutes:

At this point in the meeting, with the permission of the Chairman, Councillor M F L Durham made a statement.  He referred to the 39 people that had lost their lives in the County that morning in dreadful circumstances and expressed the Council’s support for the Police and emergency services who were having to carry out identifications and investigations in relation to the incident.