Agenda and draft minutes

Central Area Planning Committee
Wednesday 14th November 2018 7.30 pm

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

Contact: Committee Services 

Items
No. Item

1.

Chairman's notices

Minutes:

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

2.

Apologies for Absence

Minutes:

An apology for absence was received from Councillors Mrs P A Channer, CC.

3.

Minutes of the last meeting pdf icon PDF 83 KB

To confirm the Minutes of the meeting of the Committee held on 17 October 2018 (copy enclosed).

Minutes:

RESOLVED

 

(i)                 that the Minutes of the meeting of the Committee held on 17 October 2018 be received.

 

Minute No. 509:  HOUSE/MAL/18/00967 - 9 WARWICK DRIVE, MALDON

 

That the first paragraph should be amended to include the addition shown as underlined:

 

 “It was confirmed that the application was called in by Councillor S J Savage at the request of Councillor Rev. A E J Shrimpton whose email was not working.

 

RESOLVED

 

(ii)               that subject to the above amendment the Minutes of the meeting of the Committee held on 17 October 2018 be confirmed.

4.

Disclosure of Interest

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 6-8 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).

 

Minutes:

Councillor M S Heard declared a non-pecuniary interest in Agenda Item 5, FUL/MAL/18/00699 - Blackwater Leisure Centre, Maldon as Maldon District Council are the land owners.  A non-pecuniary interest was also declared in Agenda Item 7, FUL/MAL/18/01078 - 57 High Street, Maldon and Agenda Item 8, LBC/MAL/18/01079 - 57 High Street as he knew the applicant.

 

Councillor M R Pearlman declared a non-pecuniary interest in Agenda Item 5, FUL/MAL/18/00699 - Blackwater Leisure Centre, Maldon as Maldon District Council are the land owners.  A non-pecuniary interest was also declared in Agenda Item 7, FUL/MAL/18/01078 - 57 High Street, Maldon and Agenda Item 8, LBC/MAL/18/01079 - 57 High Street as he knew the applicant.

 

Councillor Rev. A E J Shrimpton declared a non-pecuniary interest in Agenda Item 5, FUL/MAL/18/00699 - Blackwater Leisure Centre, Maldon as he uses the leisure centre on a regular basis.

 

Councillor S J Savage declared a non-pecuniary interest in Agenda Item 5, FUL/MAL/18/00699 - Blackwater Leisure Centre, Maldon as he lives in close proximity to the leisure centre.

 

Councillor Miss M R Lewis declared a non-pecuniary interest in Agenda Item 5, FUL/MAL/18/00699 - Blackwater Leisure Centre, Maldon as she is a member of Blackwater Leisure Centre.  A non-pecuniary interest was also declared in Agenda Item 7, FUL/MAL/18/01078 - 57 High Street, Maldon and Agenda Item 8, LBC/MAL/18/01079 - 57 High Street as she had previously been a customer of Avanti Photographics.

5.

FUL/MAL/18/00699 - Blackwater Leisure Centre pdf icon PDF 510 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/18/00699

Location

Blackwater Leisure Centre, Park Drive, Maldon

Proposal

Provision of building to be used as a community hub and associated boundary treatments (nursery, childcare provision, children's holiday club, crèche for the leisure centre, private hire by community groups).

Applicant

Mrs Sharon Kennedy – Watership Downs

Agent

Paul Lonergan – Paul Lonergan Architects Ltd

Target Decision Date

19/11/2018

Case Officer

Louise Staplehurst

Parish

MALDON EAST

Reason for Referral to the Committee / Council

Council Owned Land
Major Application – Site Area

Member Call In – Cllr Savage – request of applicant and public interest

 

A Members’ Update had been submitted detailing an Access, Parking and Highway Safety statement received post publication of the report.

 

Following the Officer’s presentation, Mrs Sharon Kennedy, the Applicant, addressed the Committee, and the Chairman drew the Committees attention to the Members’ Update.

 

A debate ensued and Members raised concerns regarding the impact of noise levels from the site and whether this would increase that already generated by surrounding businesses.  The Development Management Team Leader advised Members that at present no Noise Assessment had been carried out and that parking would only be available for the users of the leisure centre.

 

Councillor S J Savage proposed that the application be approved contrary to the Officer’s recommendation and this was duly seconded. 

 

The Committee noted that a report on the site was going to a future meeting of Finance and Corporate Services Committee.

 

Councillor Miss M R Lewis proposed that the application be deferred until after Finance and Corporate Services Committee.  This was duly seconded.

 

Councillor Miss M R Lewis then amended her proposal, and requested that the application be deferred until further information around parking and noise impact was available.  This was duly seconded.

 

Councillor M S Heard proposed that the application be deferred until Members had visited the site to review parking facilities.   This was duly seconded.

 

The Chairman first put the Officer’s recommendation of refusal to the Committee, and upon a vote being taken the refusal was rejected.

 

The Chairman then put Councillor Savage’s proposal to approve the application contrary to the Officer’s recommendation but subject to conditions.  Upon a vote being taken the application was approved subject to conditions agreed in conjunction with the Chairman, Ward Members and Officers.

 

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

 

1                    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

REASON: To comply with Section 91(1) The Town & Country Planning Act 1990 (as amended).

2                    The development hereby permitted shall be carried out in accordance with the following approved plans and documents: 1820/2/100 Rev R-B, 1820/2/201 Rev R-A, 1820/2/203 Rev R-A, 1820/2/202 Rev R-A, 1820/2/200 Rev R-A, 1820/2/206 Rev R, 1820/2/001 Rev R-A, 1820/2/204 Rev R, 1820/2/205 Rev

REASON:  To ensure that the development is carried out in accordance with the details as approved.

3                    The development hereby permitted shall be undertaken using the materials set out within the application  ...  view the full minutes text for item 5.

6.

ADV/MAL/18/01066 - South of Wycke Hill & Limebrook Way pdf icon PDF 326 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

ADV/MAL/18/01066

Location

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

Proposal

Moveable advertisements attached to hoardings, no more than 100m in length in total, to promote the District of Maldon and the South Maldon Garden Suburb.

Applicant

Maldon District Council

Agent

None.

Target Decision Date

19.11.18

Case Officer

Kathryn Mathews

Parish

MALDON WEST

Reason for Referral to the Committee / Council

Council application

 

A Members’ Update had been submitted detailing comments from a letter of objection received post publication of the report.

 

Following the Officers presentation a discussion ensued.  Some Members voiced approval at the promotion of the district through this media.  In response to Members questions the Development Management Team Leader confirmed that the land was not owned by Maldon District Council and that the advertisement consent would be for a limited period only.  It was also advised that Planning Permission was not required, but Advertisement Consent is required.

 

Councillor S J Savage proposed that the application be refused contrary to the Officer’s recommendation as the temporary nature of the advertisement negated the need for planning permission.  This was not seconded.

 

The Chairman put the Officer’s recommendation of approval to a vote and this was duly carried.

 

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

 

1                    The express consent hereby granted shall be for a period of 2 years beginning from the date hereof. 

2                    No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission. 

3                    No advertisement shall be sited or displayed so as to:

a.              endanger persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or military);

b.             obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by water or air; or

c.              hinder the operation of any device used for the purposes of security or surveillance or for the measuring the speed of any vehicle.

4                    Any advertisement displayed, and any site used for the display of advertisements, shall be maintained in a condition that does not impair the visual amenity of the site.

5                    Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a condition that does not endanger the public. 

6                    Where an advertisement is required under these Regulations to be removed, the site shall be left in a condition that does not endanger the public or impair visual amenity. 

7                    The advertisements hereby permitted shall be carried out in accordance with the following approved plans and documents: Site Location Plan ATS/554/18, Block plan ATS/554/19 and elevations/hoarding visuals. 

8                    The advertisements hereby permitted shall measure a total linear length of no more than 100m at any one time (measured horizontally at the widest point). 

 

7.

FUL/MAL/18/01078 - 57 High Street pdf icon PDF 867 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/18/01078

Location

Avanti Photographics

57 High Street

Maldon

Essex

Proposal

Reconfigure existing retail space with remainder converted to 2No. Maisonettes and 1No. Studio Flat

Applicant

Salisbury Bright Ideas (Maldon) Ltd

Agent

A R Property Designs

Target Decision Date

19.11.2018

Case Officer

Kathryn Mathews

Parish

MALDON NORTH

Reason for Referral to the Committee / Council

Member Call-in – Councillor M R Pearlman on the basis of the Town Council objections and the Conservation Officer’s support

 

A Members’ update was received detailing an assessment of the proposal in light of the recently adopted revised parking standards.

 

The Committee raised concerns regarding the size of windows and the impact this could have on the quality of life for any future residents.  The issue of a lack of storage for the retail unit and the loss of another large retail unit in a prime high street location was discussed.  However Members agreed that the issue of quality of life was subjective and was a choice the future occupiers would make. Members noted that the proposal included the retention of a retail unit.

 

Furthermore, it was confirmed that the retail unit would be independent to the proposed dwellings, and that an external side door was for the bin store.

 

Councillor M R Pearlman proposed that the application be approved contrary to the Officer’s recommendation but subject to conditions.  This was duly seconded.

 

Councillor I E Dobson proposed that the application be deferred until a site visit had taken place and this was duly seconded.

 

The Chairman put the Officer’s recommendation of refusal to a vote and this was not carried.

 

The Chairman then put Councillor Pearlman’s proposal to approve the application, contrary to the Officer’s recommendation but subject to conditions, to the committee.  Upon a vote being taken the application was approved subject to conditions.

 

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

 

1          The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

REASON:  To comply with Section 91(1) The Town & Country Planning Act 1990 (as amended).

2          The development hereby permitted shall be carried out in accordance with the

following approved plans and documents: L1, 01, 02 revA, location plan,SK05

REASON:  To ensure that the development is carried out in accordance with the details as approved.

3          The development hereby permitted shall be undertaken using the materials set out within the application form/plans hereby approved.

REASON:  In the interest of the character and appearance of the area and the listed building in accordance with policies D1 and D3 of the approved Maldon District Local Development Plan and guidance contained within the National Planning Policy Framework.

4          No development including any site clearance or groundworks of any kind shall take place within the site until the applicant or their agents; the owner of the site or successors in title has secured the implementation of a programme of historic building recording from an accredited historic building recorder in accordance  ...  view the full minutes text for item 7.

8.

LBC/MAL/18/01079 - 57 High Street pdf icon PDF 3 MB

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

 

Minutes:

Application Number

LBC/MAL/18/01079

Location

Avanti Photographics

57 High Street

Maldon

Essex

Proposal

Works associated with reconfiguration of existing retail space and conversion of remainder to 2No. Maisonettes and 1No. Studio Flat

Applicant

Salisbury Bright Ideas (Maldon) Ltd

Agent

A R Property Designs

Target Decision Date

19.11.2018

Case Officer

Kathryn Mathews

Parish

MALDON NORTH

Reason for Referral to the Committee / Council

Member Call-in, Councillor M R Pearlman, of associated application reference FUL/MAL/18/01078

 

A brief discussion on the application took place.

 

The Chairman put the Officer’s recommendation of approval to the Committee.  Upon a vote being taken it was resolved to grant listed building consent in accordance with the Officer’s recommendation.

 

RESOLVED that the listed building consent be GRANTED in accordance with the following conditions:

 

1          The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

2          The development hereby permitted shall be carried out in accordance with the following approved plans and documents: L1, 01, 02 revA, location plan, SK05

3          No works shall take place until a report by a conservator has been submitted to and approved in writing by the local planning authority. The report shall including the recording and anaylsing of the historic finishes on the second Page 54 Agenda Item no. 8 and third floors of the building and a methodology for their conservation. The works shall be carried-out in accordance with the approved details.

4          No works shall take place until large-scale drawings of all new windows and doors – illustrating elevations at 1:20, section details (including of glazing bars) at 1:2 and materials - have been submitted to the Local Planning Authority for approval in writing. The development shall be carried out in accordance with the approved details.

9.

HOUSE/MAL/18/01089 - 57 Mariners Way pdf icon PDF 280 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

HOUSE/MAL/18/01089

Location

57 Mariners Way,  Maldon

Proposal

Variation of conditions 2 & 3 of approved application HOUSE/MAL/18/00450 (2 storey side extension). 
Amendment: Use of cladding.

Applicant

Mr David Brandon

Agent

N/A

Target Decision Date

12/11/2018

Case Officer

Louise Staplehurst

Parish

Maldon South

Reason for Referral to the Committee / Council

Member Call In – Councillor Mrs B D Harker

Reason: Public interest

 

Following the Officer’s presentation Mr David Bandon, the Applicant addressed the Committee.

 

Members’ discussed the application taking into consideration the varied aesthetic of properties and commenting that there was no uniform appearance to properties within the estate and therefore the extension would not be considered out of keeping with the streetscene.  A Member advised that when they had spoken to neighbours no objections were raised.

 

Councillor A T Cain proposed that the application be approved contrary to the Officer’s recommendation but subject to conditions.  This was duly seconded.

 

The Chairman first put the Officers’ recommendation of refusal to the Committee, and upon a vote being taken this was rejected.

 

The Chairman put Councillor A T Cains’ proposal to approve the application, contrary to the Officer’s recommendation but, subject to conditions, to the Committee and upon a vote being taken the application was approved subject to conditions agreed in conjunction with the Chairman, Ward Members and Officers.

 

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

 

1          The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

REASON:  To comply with Section 91(1) The Town & Country Planning Act 1990 (as amended).

2          The development hereby permitted shall be carried out in accordance with the following approved plans and documents: Location plan, Block plan, 1332/1, 1332/2 A.

REASON:  To ensure that the development is carried out in accordance with the details as approved.

3          The extension hereby permitted shall be undertaken using the materials set out within the application form/plans hereby approved.

REASON:  In the interest of the character and appearance of the area in accordance with policy D1 of the approved Local Development Plan and guidance contained within the National Planning Policy Framework.