Agenda and minutes

Special, District Planning Committee - Thursday 20th August 2020 1.00 pm

Venue: Members to access the meeting via Teams. Members of the press & public may listen to the live stream on the Council's website: https://democracy.maldon.gov.uk/ieListDocuments.aspx?CId=277&MId=2230

Media

Items
No. Item

1142.

Appointment of Chairman

Minutes:

In the absence of a Chairman and Vice-Chairman, the Director of Resources sought nominations from the Committee for a Chairman for the meeting.  Councillor S P Nunn proposed that Councillor M S Heard be elected Chairman for the meeting and this was duly seconded.  There were no other nominations.

 

In accordance with Procedure Rule No. 13 (3) Councillor C Morris requested a recorded vote, this was duly seconded. 

 

In light of the nomination received, the Director of Resources put to the Committee that Councillor Heard be appointed as the Chairman for this meeting and the voting was as follows:

 

For the recommendation:

Councillors E L Bamford, M G Bassenger, V J Bell, R G Boyce, M R Edwards, Mrs J L Fleming, A S Fluker, M W Helm, A L Hull, K W Jarvis, K M H Lagan, C Mayes, C Morris, S P Nunn, N G F Shaughnessy, R H Siddall, N J Skeens, W Stamp, J Stilts, C Swain and Mrs M E Thompson

 

Against the recommendation:

There were none.

 

Abstention:

Councillor M S Heard.

 

RESOLVED that Councillor M S Heard be appointed as Chairman of the District Planning Committee for this meeting.

 

 

IN THE CHAIR : COUNCILLOR M S HEARD

1143.

Chairman's Notices

Minutes:

The Chairman welcomed everyone to the remote meeting, held under new regulations which came into effect on 4 April 2020 in response to the COVID-19 situation.  The Chairman then went through some general housekeeping arrangements for the meeting.

 

A roll call of all Members present was taken at this point.

1144.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors Miss A M Beale, Mrs P A Channer CC, R P F Dewick, M F L Durham CC, B E Harker, J V Keyes and C P Morley.

1145.

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:

The following declarations of interest were made:

 

Agenda Item 8 – 15/01532/OUT Land North and West of Knowles Farm, Wycke Hill, Maldon, Essex

 

·                 Councillor A S Fluker advised that he had a perceived bias.

 

The following non-pecuniary interests in respect of this application were declared:

·                 Councillor S P Nunn had received correspondence from the developer.

·                 Councillor C Mayes knew the owner of some of the land and had received correspondence from the developer.

·                 Councillor K M H Lagan had received correspondence from the developer.

·                 Councillor N G F Shaughnessy was in receipt of correspondence from the developer and knew one of the objectors.

·                 Councillor M G Bassenger had received correspondence in relation to this item of business.

·                 Councillor M R Edwards advised that he had met the developer some years ago on Parish business and had received correspondence relating to the application.

·                 Councillor J Stilts had received correspondence and was a Maldon Town Councillor.

·                 Councillor M S Heard had received correspondence in relation to this application.

 

Agenda Item 9 – 20/000157/FUL Land East of Bradwell Power Station, Downhall Beach, Bradwell-on-Sea

 

·                 Councillor Fluker advised he had missed part of the debate when this item had previously been considered and could therefore not take part.

·                 Councillor Mrs J L Fleming advised that she would not be able to take part in the debate or vote on this item of business as she had experienced connection problems when the item was last discussed.

 

The following non-pecuniary interests in respect of this application were declared:

·                 Councillor Nunn had received a number of emails from individual parties interested in Bradwell.

·                 Councillor Mayes sat on the Bradwell B Working Group and had received emails and letters regarding Bradwell B.

·                 Councillor Lagan had been in conversation with, had meetings and received a significant number of emails regarding this development.

·                 Councillor N J Skeens was in receipt of correspondence and part of the Bradwell B Working Group.

·                 Councillor N G F Shaughnessy had received many emails relating to this application.

·                 Councillor Bassenger was a member of the BrB Working Group.

·                 Councillor V J Bell had received correspondence in relation to this application.

·                 Councillor Stilts had received correspondence and was a Maldon Town Councillor.

·                 Councillor M W Helm was a Member of the Bradwell Working Group.

·                 Councillor M E Thompson advised that she had been a member of BrB Working Group, but was no longer.

·                 Councillor Helm had received correspondence in relation to this application.

 

In light of his earlier declarations, Councillor Fluker left the meeting at this point and did not return.

 

In response to a question regarding if there would be a vote when the Committee came to considering whether it would exclude the public and press in relation Agenda Items 5 and 6, the Chairman advised that there would be a vote.  In accordance with Procedure Rule no. 13(3) Councillor C Morris requested a recorded vote on Agenda Item 4 Exclusion of Public and Press.  This was duly seconded.

 

In response to a question from Councillor  ...  view the full minutes text for item 1145.

1146.

Exclusion of the Public and Press

To resolve that under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the following items of business on the grounds that they involve the likely 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.

Minutes:

Prior to consideration of this item of business the Lead Legal Specialist and Monitoring Officer provided Members with an outline of the process which would be followed for consideration of the two planning applications on the agenda.  He highlighted the reasons behind considering the legal advice in private session and how if Members voted to consider the advice in open session this would then be available to the public and applicant.  The Officer then answered a number of questions from Members and clarified that determination of the planning applications needed to be made in public for members of the public to see how Members vote.

 

The Chairman proposed that the Council consider the following two items business in private session.  This was duly seconded. 

 

In accordance with Procedure Rule 13 (3) a recorded vote was requested and duly seconded.  It was further agreed that a separate vote would be taken on each of the private and confidential items of business. 

 

The Chairman asked for a vote on the motion to exclude the public and press from the meeting for consideration of Agenda Item 5 – Planning Decision: Legal Advice Relating to Land North and West of Knowles Farm, Maldon and the voting was as follows:

 

For the recommendation:

Councillors E L Bamford, M G Bassenger, V J Bell, R G Boyce, M R Edwards, Mrs J L Fleming, M W Helm, A L Hull, K W Jarvis, K M H Lagan, C Mayes, S P Nunn, N G F Shaughnessy, R H Siddall, N J Skeens, W Stamp, J Stilts, C Swain and Mrs M E Thompson.

 

Against the recommendation:

There were none.

 

Abstention:

Councillors M S Heard and C Morris.

 

The Chairman declared this motion as agreed.

 

The Council then voted on excluding the public and press from the meeting for consideration of Agenda Item 6 – Planning Decision: Legal Advice Relating to Bradwell-on-Sea Ground Investigations and the voting was as follows:

 

For the recommendation:

Councillors E L Bamford, R G Boyce, Mrs J L Fleming, M W Helm, A L Hull, K W Jarvis, K M H Lagan, C Mayes, S P Nunn, N G F Shaughnessy, R H Siddall, W Stamp, J Stilts, C Swain and Mrs M E Thompson.

 

Against the recommendation:

Councillors M G Bassenger, V J Bell, M R Edwards and C Morris.

 

Abstention:

Councillors M S Heard and N J Skeens.

 

The Chairman declared this motion as agreed.

 

RESOLVED that that under Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely 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.

1147.

Planning Decision - Legal Advice Relating to Land North and West of Knowles Farm, Maldon

To consider the report of the Director of Service Delivery (copy enclosed).

Minutes:

The Committee considered the report of the Director of Service Delivery providing advice to Members relating to the consideration of planning application 15/01327/OUT Land North and West of Knowles Farm, Wycke Hill, Maldon.

 

The report provided background information following consideration of the Planning Application by this Committee at its meeting on 9 July 2020.  A copy of the report and Members’ Update considered at that meeting were attached as Appendix 2 to the report at Agenda Item 8.

 

The Lead Legal Specialist and Monitoring Officer presented the report and drew Members’ attention to Appendix 2 which contained Counsel’s opinion.

 

A lengthy debate ensued during which Members’ reviewed and considered the advice set out in the report and its appendices.  In response to questions raised the Lead Legal Specialist and Monitoring Officer and Lead Specialist Place provided further information and clarification.

 

RESOLVED that the advice set out in the report relating to planning application 15/01327/OUT Land North and West of Knowles Farm, Wycke Hill, Maldon Essex be noted and taken into consideration in relation to Agenda Item 8 on the agenda for this meeting.

 

Councillor B S Beale joined the meeting during this item of business.

1148.

Planning Decision - Legal Advice Relating to Bradwell-on-Sea Ground Investigations

To consider the report of the Director of Service Delivery (copy enclosed).

Minutes:

The Committee considered the report of the Director of Service Delivery providing advice to Members relating to the consideration of planning application 20/00157/FUL Land East of Bradwell Power Station, Downhall Beach, Bradwell-on-Sea.

 

The report provided background information following consideration of the Planning Application by this Committee at its meeting on 9 July 2020.  It was noted that since that meeting the Applicant had submitted a report regarding the need for planning permission and this was attached as Appendix 1 to the report.  The Council’s response to this was contained in Appendix 2.

 

The Lead Specialist Place presented the report and drew Members’ attention to the three Appendices to the report, particularly Appendix 3 which contained Counsel’s opinion.  The Specialist – Development Management referred to consultation responses received from Natural England and an ecological consultant regarding protected species within the vicinity of the site.

 

A lengthy debate ensued during which Members’ reviewed and considered the advice set out in the report and its appendices.  In response to concerns and questions raised the Lead Legal Specialist and Monitoring Officer provided further information and clarification.

 

RESOLVED that the advice set out in the report relating to planning application 20/000157/FUL - Land East of Bradwell Power Station, Downhall Beach, Bradwell-on-Sea be noted and taken into consideration in relation to Agenda Item 9 on the agenda for this meeting.

1149.

Resumption of business in open session

To resume the meeting in open session.

Minutes:

RESOLVED that the special meeting of the District Planning Committee resumes in open session at 3:13pm.

1150.

15/01327/OUT Land North and West of Knowles Farm, Wycke Hill, Maldon, Essex pdf icon PDF 313 KB

Following consideration of legal advice (at Agenda Item 5) to determine the above application.  Please see report of the Director of Service Delivery (copy enclosed).

Additional documents:

Minutes:

Application Number

15/01327/OUT

Location

Land North And West Of Knowles Farm, Wycke Hill, Maldon, Essex

Proposal

C3 residential development (up to 320 new homes) of mixed form, size and tenure, small scale B1 employment development (up to 2,000sqm), C2 / D1 community uses, a new relief road to the north of A414, strategic landscaping, pedestrian and cycle linkages, estate roads, open space, drainage and sewerage (including SUDS) and other associated development. - All matters reserved except for access.

Applicant

Mr Nick Mann - Dartmouth Park Estates Ltd.

Agent

Nathaniel Lichfield and Partners

Target Decision Date

31.08.2020

Case Officer

Kathryn Mathews

Parish

MALDON WEST

Reason for Referral to the Committee / Council

Local Development Plan (LDP) site allocation Site S2(b)

 

The Committee considered the report of the Director of Service Delivery, having regard to the legal advice provided at Agenda Item 5.  It was noted that the report and Members’ Update considered by the District Planning Committee at its meeting on 9 July 2020 were attached as Appendices A and B.

 

The Specialist: Development Management provided a verbal update, advising that the Recreational disturbance Avoidance and Mitigation Strategy (RAMS) contribution referred to in paragraph 4.4.2 and sections 5.8 and 5.7 of the Officers’ report as well as in the heads of terms was out of date.  This figure should be updated to reflect an increased fee of £125.58 per dwelling, due to indexation as part of the new financial year.  This was noted.

 

In response to questions raised, Officers provided Members with information regarding the relief road, Section 106 agreement and how the conditions suggested a Strategic Phasing Plan would be required prior to the Reserved Matters application.

 

Councillor E L Bamford highlighted the difference between this and the previous application and proposed that it be approved.  This proposal was duly seconded.

1151.

Adjournment of the meeting

Minutes:

The Chairman proposed and it was duly seconded that the meeting be adjourned for a short comfort break.  This was duly agreed by assent.

 

RESOLVED that the meeting be adjourned at 3:33pm.

1152.

Resumption of business in Open Session

Minutes:

RESOLVED that the meeting of the District Planning Committee resume at 3:40pm in open session.

1153.

15/01327/OUT Land North and West of Knowles Farm, Wycke Hill, Maldon, Essex (Continued)

Minutes:

Further discussion continued regarding this application, with Officers providing information regarding access from the roundabout, access to the community area and the timing of the proposed relief road.  In response to a question regarding a possible shortfall in the funding for the proposed relief road, Members were advised that there may not be any shortfall but that Essex County Council were in the process of establishing the current costings for the construction of the relief road.

 

At this point Councillor E L Bamford reiterated her earlier proposition of approval but sought reassurance from Officers that they would ensure that robust conditions would be implemented particularly in relation to the phasing plan.  In response the Lead Specialist Place advised that condition 8, as discussed, dealt with the phasing plan and if Members were minded they could grant planning permission subject to that condition being agreed by Officers through consultation with the Chairman to identify if there were any ways to make it more robust.  The Officer advised that there was no guarantee that changes would be made, but assured Members that Officers would deal with the matter professionally and ensure that any harm was mitigated.  Councillor Bamford duly amended her proposal for the application to be approved subject to the review of condition 8 by Officers in consultation with the Chairman.  Upon a vote being taken this was duly agreed.

 

RESOLVED that this application be APPROVED subject to the completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990 (as amended) and conditions as detailed below, following review of proposed condition 8 by Officers in consultation with the Chairman of the Committee.

 

Heads of Terms for Section 106 Agreement

·                 Affordable Housing - For 30% affordable housing to be provided within each phase or otherwise in accordance with an Affordable Housing Delivery Plan.

·                 Affordable housing mix to provide 52% 1 bed flats (with proportion suitable for the elderly) 40% 2 bedroom units and 8% 3 bedroom units.

·                 Affordable Housing tenure 30% intermediate and discounted market sale and 70% affordable rent.

·                 Contribution of £1,331,127 towards the construction of the South Maldon Relief Road.

·                 Highway obligations to include a financial contribution as part of the pooled arrangements unless otherwise agreed for the following:

·                 A414 Oak Corner Junction.

·                 B1018 Heybridge Approach / A414 roundabout.

·                 B108 Langford / Heybridge Approach.

·                 Contribution of £238,744 towards public transport improvements to serve the South Maldon Garden Suburb.

·                 Travel Plan - Provision of a Travel Plan including provision of a Travel Plan Co-ordinator and a financial contribution as a monitoring fee to Essex County Council of £1,500 from first occupation to last occupation.

·                 Community Land – Reserve land for the NHS circa 1.53 hectares for community use for a period of 5 years.

·                 Education - A financial contribution as stated in the Infrastructure Delivery Plan (IDP) or as required by Essex County Council (ECC) Education’s Developer Guide 2016 formula towards education facilities including:

·                 Indicative contribution totalling £2,602,225

·                 Health Care financial contribution based on NHS  ...  view the full minutes text for item 1153.

1154.

20/00157/FUL Land East of Bradwell Power Station, Downhall Beach, Bradwell-on-Sea pdf icon PDF 232 KB

Following consideration of legal advice (at Agenda Item 6) to determine the above application.  Please see report of the Director of Service Delivery (copy enclosed).

Additional documents:

Minutes:

Application Number

20/00157/FUL

Location

Land East of Bradwell Power Station, Downhall Beach, Bradwell-on-Sea

Proposal

Application to carry out ground investigations, load test and associated works in connection with a proposed new Nuclear Power Station at Bradwell-on-Sea, together with the creation of two site compound areas and associated parking areas.

Applicant

Bradwell Power Generation Company Limited

Agent

N/A

Target Decision Date

EOT: 17/07/2020

Case Officer

Devan Hearnah

Parish

BRADWELL-ON-SEA

Reason for Referral to the Committee / Council

Not Delegated to Officers

Major Application

 

The Committee considered the report of the Director of Service Delivery, having regard to the legal advice provided at Agenda Item 6.  It was noted that the report and Members’ Update considered by the District Planning Committee at its meeting on 9 July 2020 were attached as Appendices 1 and 2.

 

Following some discussion Councillor K M H Lagan proposed that the application be refused, contrary to the Officers’ recommendation.  In presenting his proposal Councillor Lagan raised a number of points of concern, some of which he related specifically to the suggested conditions set out in the Officers’ report.  This proposal was duly seconded.

 

A lengthy debate ensued, and a number of other Members raised further concerns.  At this point and in light of the motion for refusal the Committee discussed reasons for refusal.

 

In response to a question regarding deferring the decision pending expert advice, the Lead Specialist Place advised hat Members could defer a planning application to seek more information, although what that information was would need to be detailed.  The Officer reminded the Committee that this application had already been granted an extension of time by the applicant which ended today, and Members should legally make a decision today.  Should Members not make a decision then the applicant could make an appeal to the Planning Inspectorate for non-determination of the application.

 

After further discussion, Councillor Lagan clarified his earlier proposal advising that the reasons for refusal should relate to noise and disturbance on ecology matters, historical environment relating to archaeology and heritage assets and that the Council based on the legal advice received should seek and appoint technical experts in these areas to ensure every area was covered. 

 

In response to a question regarding the procedure Members were advised that they needed to consider the first motion which had been seconded, although this could be amended, prior to considering any other proposals.

 

The Specialist – Development Management provided the Committee with further information in response to concerns raised which included:

 

·                 The Adopted LDP and NPPF were taken into consideration by Officers along with the temporary nature of the works and mitigating actions proposed to minimise concern;

 

·                 Conditions were proposed to mitigate concerns regarding contamination, dust, ecology etc.

 

·                 The fencing proposed around the compound area was for security;

 

·                 The noise assessment had not found that the noise would be harmful to those in the surrounding area;

 

·                 Following consultation with Environmental Health and other consultees it was felt that as the hours of operation proposed were not  ...  view the full minutes text for item 1154.