Agenda and minutes

Central Area Planning Committee - Wednesday 11th December 2019 7.30 pm

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

Contact: Committee Services 

Items
No. Item

613.

Chairman's notices

Minutes:

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

614.

Apologies for Absence

Minutes:

An apology for absence was received from Councillor Miss A M Beale.

615.

Minutes of the last meeting pdf icon PDF 152 KB

To confirm the Minutes of the meeting of the Committee held on 13 November 2019, (copy enclosed).

Minutes:

RESOLVED

 

(i)              That the Minutes of the meeting of the Committee held on 13 November 2019 be received.

 

Minute No. 5 – FUL/MAL/19/00730 – The Queen Victoria, Spital Road, Maldon, Essex, CM9 6ED

Councillor C Mayes advised that the Committee at its last meeting had resolved to approve this application not subject conditions.  She commented that therefore the resolution relating to this Minute needed amending.  In response the Chairman suggested that the words “subject to conditions” be removed from the Minute.  This was duly agreed.

 

RESOLVED

 

(ii)            that subject to the above amendment the Minutes of the meeting of the Committee held on 13 November 2019 be confirmed.

616.

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 S Nunn disclosed:

 

·                 a non-pecuniary interest in Agenda Item 5 – FUL/MAL/19/00730 The Queen Victoria Public House, Spital Road, Maldon as he was one of the Ward Members and knew the applicant.

 

·                 a pecuniary interest in Agenda Item 7 - FUL/mal/19/01055 and LBC/MAL/19/01056 – Beeleigh Abbey, Abbey Turning, Maldon as he had been a paid guide at the Abbey for a number of years,knew the applicant and had occasionally performed consultancy work for the Abbey.  He advised that he would leave the meeting for this item of business.

 

·                 in respect of Agenda Items 8 - FUL/MAL/19/01060 and 9 – FUL/MAL/19/01061 Anchor Guest House, 7-9 Church Street, Maldon, Essex he declared a non-pecuniary interest as a Ward Member.

 

·                 a non-pecuniary interest in Agenda Item 10 - WTO/MAL/19/01071 – 34 Highlands Drive, Maldon as a Ward Member and he had been contacted by an objector and supporter.

 

At this point the Chairman advised that Agenda Items 8 - FUL/MAL/19/01060 and 9 – FUL/MAL/19/01061 Anchor Guest House, 7-9 Church Street, Maldon, Essex had been withdrawn, as set out in the Members’ Update.

 

Councillor N G F Shaughnessy declared a non-pecuniary interest in Agenda Item 5 – FUL/MAL/19/00730 The Queen Victoria Public House, Spital Road, Maldon as she knew the applicant and had eaten in the restaurant.

 

Councillor C Mayes declared a non-pecuniary interest in Agenda Item 5 – FUL/MAL/19/00730 The Queen Victoria Public House, Spital Road, Maldon as she was a Ward Member, knew the applicant and had eaten there.  She also declared a non-pecuniary interest in Agenda Item 10 - WTO/MAL/19/01071 – 34 Highlands Drive, Maldon as she knew the applicant.

 

Councillor J Stilts declared a non-pecuniary interest in Agenda Item 5 – FUL/MAL/19/00730 The Queen Victoria Public House, Spital Road, Maldon as she had eaten at the establishment.

 

Councillor M S Heard declared a non-pecuniary interest in Agenda Item 5 – FUL/MAL/19/00730 The Queen Victoria Public House, Spital Road, Maldon as he had spoken to the applicant about the planning process prior to this meeting.

617.

FUL/MAL/19/00730 - Queen Victoria Public House, Spital Road, Maldon pdf icon PDF 441 KB

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

 

Additional documents:

Minutes:

Application Number

FUL/MAL/19/00730

Location

The Queen Victoria Public House, Spital Road, Maldon

Proposal

Single-storey side and rear extension with first floor rear extension and amendments to boundary treatments and parking provision.

Applicant

Mr John Hubbard

Agent

Mr Matthew Chorley - Alderton Associates

Target Decision Date

15.11.2019

Case Officer

Nicola Ward

Parish

MALDON

Reason for Referral to the Committee / Council

Member Call In – Councillor C Mayes.

Reason: Public interest, An increase in parking provision, Provision of disabled parking and access through the venue site, Local amenity value

 

Following the Officers’ presentation, Mr Burrell (speaking on behalf of the applicant) and Mr Harvey a supporter, addressed the Committee.

 

Councillor C Mayes, a Ward Member advised that she had concerns relating to proposed conditions 4, 5, 7 and 8 and in response, the Lead Specialist Place outlined to Members the reasons for each of these conditions.

 

Councillor Mayes proposed that suggested condition 4 be amended to refer to car parking spaces being 2.9 x 5m.  This proposal was not seconded.

 

Councillor S P Nunn, the other Ward Member, proposed that the Committee accept conditions 1, 2, 3 and 6 and then consider conditions 4, 5, 7 and 8 in turn separately.  This proposal was duly seconded.

 

The Chairman agreed to discuss each of the proposed conditions (as set out in the report) where Members had concern.

 

Condition 4:

During the following debate, concerns were raised by Members relating to the proposed car parking spaces and cycle storage.  In response to a question regarding use of Essex Parking Standards, the Lead Specialist Place advised that this document had not been adopted by Maldon District Council as the Council had adopted its own parking standards.  Should Members be mindful not to agree the Council’s adopted standards he would advise that condition be amended to refer to the sizes of car parking spaces rather than a document not adopted by this Council.

 

Councillor Mayes the proposed that condition 4 be amended to read as follows:

 

A scheme detailing the onsite parking provision shall be submitted to and approved in writing by the Local Planning Authority.  The spaces shall meet the sizes of 2.9 x 5m and 3.6 x 6m for disabled parking spaces.  The spaces shall be laid out and ready for use, prior to the first use of the development hereby approved and shall be retained perpetuity.

 

This was duly seconded and agreed.

 

Condition 5:

Councillor Mayes highlighted concern regarding the toilets and the need for new facilities to be operational on completion.  She made a suggested amendment to condition 5 and in response to this and concerns raised regarding the toilets being required, the Lead Specialist Place advised that this condition could be reworded to facilitate the use of the toilets.  This was duly agreed.

 

Condition 7:

There was some discussion around condition 7 and following a suggested change to the wording of the condition Members were advised by the Lead Specialist Place that this condition had been raised by the Highways  ...  view the full minutes text for item 617.

618.

FUL/MAL/19/00978 - Land North of White House, Wycke Hill, Maldon pdf icon PDF 552 KB

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

 

Minutes:

Application Number

OUT/MAL/19/00978

Location

Land North Of White House, Wycke Hill, Maldon

Proposal

Outline planning application for the subdivision of the existing residential garden, and the erection of a detached one storey two bedroom dwelling, with all matters reserved for subsequent approval.

Applicant

Mr Ward

Agent

Ms Codey - Herts Planning Ltd

Target Decision Date

05.12.2019

Case Officer

Kathryn Mathews

Parish

Maldon West

Reason for Referral to the Committee / Council

Member Call-in – Councillor Mayes due to density of outline planning; infill planning; location onto busy main road; safety; Policies: D1 (3.2) H4 (5.3)

 

The Officer advised that a further letter of support had been received in relation to this application.

 

Following the Officers’ presentation Mr Ward, the applicant, addressed the Committee.

 

Councillor N G F Shaughnessy proposed that the application be refused for the reasons set out in the report.  This was duly seconded and upon a vote being taken agreed.

 

RESOLVED that this application be REFUSED for the following reasons:

1          The application site is located outside the defined development boundaries of Maldon and within the countryside. The proposal would be contrary to the Council’s spatial strategy of focusing new development within settlement boundaries. The proposed development would diminish the verdant character of the area which, given the site’s prominent location, would harm the character and appearance of the area, contrary to the NPPF, NPPG and Maldon District Approved Local Development Plan Policies D1, H4, S1 and S8, and Maldon District Design Guide (2017).

2          The occupiers of the proposed residential dwelling would be subjected to undue noise disturbance from the adjacent highway and, therefore, the living conditions for future occupants of the dwelling proposed would not be acceptable. The proposal is therefore contrary to the National Planning Policy Framework which seeks to ensure a high standard of amenity for existing and future users of places, NPPG, Policies D1 and D2 of the approved Local Development Plan and the Maldon District Design Guide (2017).

3          In the absence of a completed legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, the necessary financial contribution towards Essex Coast Recreational disturbance Avoidance and Mitigation Strategy has not been secured. As a result, the development would have an adverse impact on the European designated nature conservation sites, contrary to Policies S1, D1, N1 and N2 of the Maldon District Local Development Plan and the NPPF.

 

 

In accordance with his earlier declaration Councillor S P Nunn left the meeting at this point.

 

619.

FUL/MAL/19/01055 and LBC/MAL/19/01056 - Beeleigh Abbey, Abbey Turning, Maldon pdf icon PDF 608 KB

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

 

Additional documents:

Minutes:

Application Number

FUL/MAL/19/01055 and lbc/19/01056

Location

Beeleigh Abbey Abbey Turning, Maldon

Proposal

Erection of proposed one and two-storey outbuilding to provide a private library and kitchenette, with single storey link.  Repairs and minor remodelling of an existing timber-framed range. Associated drainage connections and hard and soft landscaping.

Applicant

Mr & Mrs Foyle

Agent

Mr Jonathon Green – Laurie Wood Associates

Target Decision Date

16.12.2019

Case Officer

Louise Staplehurst

Parish

MALDON NORTH

Reason for Referral to the Committee / Council

Member Call In by Councillor Mayes

Reason:

-        Policies D1, S5, S3, D3, D4, N2 .

-        The size of the building and its facilities seem excessive and inappropriate for the location and importance of the heritage asset.

 

It was noted from the Members’ Update that a consultation response had been received from Maldon Town Council.

 

There was some discussion regarding the application and concern raised regarding the size of the development and deferring determination of the application for a site visit. 

 

Councillor K M H Lagan referred to Historic England and the Council’s Conservation Officer not raising concerns regarding the application and therefore proposed that the application be approved as set out in the report.  This proposal was duly seconded.

 

Following further discussion Councillor C Morris proposed that the application be deferred for a site visit.

 

The Chairman advised that the Committee needed to consider and vote on the first proposition in the name of Councillor Lagan to approve the application if this was lost they would then consider the proposal in the name of Councillor Morris.  The Chairman put the proposal of approval to the Committee and upon a vote being taken this was agreed.

 

FUL/MAL/19/01055:

 

RESOLVED that this 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.

2          The development hereby approved shall be carried out in accordance with the following approved plans and documents: 258-01 Rev E, 258-101 Rev B, 258-103 Rev B, 258-104 Rev B, 258-106 Rev B, 258-107 Rev C, 258-109 Rev C, 258-110 Rev C, 258-111 Rev A, 258-105 Rev C, 258-102 Rev A, 258-106 Rev C.

3          Prior to their use in the development hereby approved, samples of the cladding, bricks and roof tiles to be used in the development hereby approved shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

4          The western mono-pitched roof shall be finished in standing seam metal, written details for which, including photos and details of joint profiles, shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

5          Prior to their installation, the specifications of the proposed rooflights, windows and doors to be used in the development hereby approved shall be submitted to and approved in writing by the local planning authority. The development shall be carried  ...  view the full minutes text for item 619.

620.

FUL/MAL//19/01060 - Anchor Guest House, 7-9 Church Street, Maldon pdf icon PDF 604 KB

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

 

Additional documents:

Minutes:

Application Number

FUL/MAL/19/001060

Location

Anchor Guest House, 7 -9 Church Street, Maldon, Essex

Proposal

Alteration of existing property and conversion of ground floor guest house accommodation to form one two bedroom flat and one studio flat. Existing first floor flat and existing attached cottage to be retained as independent dwellings.

Applicant

Mr Stuart Ringer

Agent

Ms Codey - Herts Planning Ltd

Target Decision Date

13.12.2019

Case Officer

Kathryn Mathews

Parish

MALDON WEST

Reason for Referral to the Committee / Council

Member Call-in – Councillor C Mayes due to

H4 (5.2) too much within a small development site

H4 (5.28) alterations are not well designed to allow for good quality high street based housing and are out side the current LDP requirements

D1 (3.6) new development  - SPD -  although within the curtilage of the High Street minimum parking should be afforded to avoid impacting on neighbours or existing parking arrangements. (2 bed flat - 1 space; 1 bed flat - 1 space; 1 studio flat - 1 space; 2 bed cottage - 1 space) These should also be allocated spaces 

D1 Poor design with flat roof retained and rear entrances not addressed for good quality access and living for couples or single people. 

D3 (3.28) within the conservation area improvement to all aspects of development including quality layout design, inside and out; good access; sympathetic materials

 

It was noted from the Members’ Update that this application had been WITHDRAWN.

 

In response to a question regarding withdrawing an application the Lead Specialist Place provided the Committee with further clarification on this.

621.

FUL/MAL/19/01061 - Anchor Guest House, 7-9 Church Street, Maldon pdf icon PDF 606 KB

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

 

Additional documents:

Minutes:

Application Number

ful/mal/19/001061

Location

Anchor Guest House, 7 -9 Church Street, Maldon, Essex

Proposal

Alteration of existing property and change of use of ground floor guest house accommodation to form a five bedroom "house in multiple occupation". Existing first floor flat and existing attached cottage to be retained as independent dwellings.

Applicant

Mr Stuart Ringer

Agent

Mr Robert Ward-Booth - Ward-Booth Partnership

Target Decision Date

13.12.2019

Case Officer

Kathryn Mathews

Parish

MALDON NORTH

Reason for Referral to the Committee / Council

Member Call-in – Councillor C Mayes for the following reasons: D4 (5.2) Volume of residential units too high on site therefore not providing a good quality of life

H4 (5.28) minimal design inside - not quality living.  HMO’s are not on the list of development needs.

D1 (3.6) insufficient given potential number of residents

SPD - potential to have five families (9 people) plus flat (2 persons) and existing cottage (2 persons) (9 spaces + 1 space + 1 space = 11 spaces.  Only 4 available and not allocated)

D1 poor design inside and out - flat roof retained and rear entrances not designed to provide a quality living environment for residents.

D3 (3.28) within conservation area the poor/no design layout overall is lacking.

HMO requirements are demanding and quality is paramount to avoid longer term issues that could cause the EHO issues.

 

It was noted from the Members’ Update that this application had been WITHDRAWN.

622.

WTPO/MAL/19/01071 - 34 Highlands Drive, Maldon pdf icon PDF 515 KB

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

 

Additional documents:

Minutes:

Application Number

wtpo/MAL/19/01071

Location

34 Highlands Drive, Maldon

Proposal

Fell oak tree and treat stump to prevent regrowth and replace.

Applicant

Miss Abrams

Agent

Dr Jon Heuch

Target Decision Date

03.12.2019

Case Officer

Louise Staplehurst

Parish

MALDON NORTH

Reason for Referral to the Committee / Council

Member Call In by Councillor C Mayes

Reason: Policy N1 and N2

 

It was noted from the Members’ Update that additional comments had been received from the Agent, along with consultation responses from Maldon Town Council and the Council’s Tree Consultant.  Four further letters of objection and one letter of comment had also been received.

 

Following the Officers’ presentation Mr Southgate, an objector and Mr Paddon, a supporter, addressed the Committee.

 

Councillor C Mayes, a Ward Member, commented that there appeared to be no guarantee that the proposed removal would solve the problems being experienced.  In response to questions, the Lead Specialist Place advised that the report highlighted that not all options had been explored.  Councillor Mayes then proposed that the application be refused in accordance with the Officers recommendation.  This proposal was duly seconded.

 

Councillor C Morris proposed that the application be deferred until all information had been received to allow a decision to be made.  This proposal was not seconded.  The Lead Specialist Place advised that the level of additional information required was extensive and refusing the application would allow the applicant with the opportunity to resubmit the application with the additional information required.

 

The Chairman then put the proposal in the name of Councillor Mayes to refuse the application and following a vote being taken this was agreed.

 

RESOLVED that this application be REFUSED for the following reason:

1          The Oak tree positively benefits the character and appearance of the area and provides significant amenity value.  It is felt that insufficient evidence has been provided to demonstrate that the tree is definitely causing the harm to the dwelling.  The submitted information also does not consider other works which may be undertaken in order to prevent damage to the dwelling and the loss of the TPO Oak tree.  Therefore, it is not considered that satisfactory information has been submitted that would justify the loss of the tree.  The removal of the Oak tree would be detrimentally harmful to the character and appearance of the area and therefore the proposed works are unacceptable.

 

 

At this point the Chairman thanked Members and Officers and wished all present a very Merry Christmas.