Agenda and minutes

Central Area Planning Committee - Wednesday 19th February 2020 7.30 pm

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

Contact: Committee Services 

Items
No. Item

774.

Chairman's notices

Minutes:

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

775.

Apologies for Absence

Minutes:

An apology for absence was received from Councillor B E Harker.

776.

Minutes of the last meeting pdf icon PDF 149 KB

To confirm the Minutes of the meeting of the Committee held on 22 January 2020, (copy enclosed).

Minutes:

RESOLVED that the Minutes of the meeting of the Committee held on 22 January 2020 be approved and confirmed.

 

777.

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 declared a non-pecuniary interest in Agenda Item 5– 19/01225/FUL – The Old Cutting Rooms, Church Walk, Maldon, Agenda Item 6 -19/01226/LBC – The Old Cutting Rooms, Church Walk, Maldon and Agenda Item 8 – 8 – TPO13/19 - The Limes Guest House, Market Hill, Maldon as he was acquainted with the applicants. 

 

Councillor C Mayes declared a non-pecuniary interest in Agenda Item 5 -19/01225/FUL – The Old Cutting Rooms, Church Walk, Maldon, Agenda Item 6 - 19/01226/LBC – The Old Cutting Rooms, Church Walk, Maldon, Agenda Item 8 - TPO13/19- The Limes Guest House, Market Hill, Maldon as she knew the applicants and Agenda Item 7-19/01274/FUL – Harbour House, 23 Chandlers Quay, Maldon as she knew the agent.

 

Councillor F G F Shaughnessy declared a non-pecuniary interest in Agenda Item 8 - TPO13/19- The Limes Guest House, Market Hill, Maldon, as she knew the applicant.

 

Councillor J Stilts declared a non-pecuniary interest in Agenda Item 5 -19/01225/FUL – The Old Cutting Rooms, Church Walk, Maldon, Agenda Item 6 -19/01226/LBC – The Old Cutting Rooms, Church Walk, Maldon and Agenda Item 8 - TPO13/19- The Limes Guest House, Market Hill, Maldon, she knew the applicants.

 

Councillor M H Lagan declared a non-pecuniary interest in Agenda Item 5 - 19/01225/FUL – The Old Cutting Rooms, Church Walk, Maldon, Agenda item 6 -19/01226/LBC – The Old Cutting Rooms, Church Walk, Maldon, Agenda Item 7 - 19/01274/FUL – Harbour House, 23 Chandlers Quay, Maldon and Agenda Item 8 - TPO13/19- The Limes Guest House, Market Hill, Maldon as a member of Maldon Town Council and he also had conversations with the applicants on Agenda Items 5 and 6.

 

Councillor M R Edwards declared a non-pecuniary interest in Agenda Item 8 - TPO13/19- The Limes Guest House, Market Hill, Maldon, as he knew the applicant.

 

Councillor C Swain declared a non-pecuniary interest in Agenda Item 5 -19/01225/FUL – The Old Cutting Rooms, Church Walk, Maldon, and Agenda Item 6  -19/01226/LBC – The Old Cutting Rooms, Church Walk, Maldon, as he was acquainted with the applicant.

 

Councillor M S Heard declared a non -pecuniary interest in Agenda Items 5 -19/01225/FUL – The Old Cutting Rooms, Church Walk, Maldon, Agenda Item 6 -19/01226/LBC – The Old Cutting Rooms, Church Walk, Maldon and Agenda Item 8 - TPO13/19- The Limes Guest House, Market Hill, Maldon, as he knew the applicants.

 

778.

19/01225/FUL - The Old Cutting Rooms, Church Walk, Maldon pdf icon PDF 581 KB

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

 

Additional documents:

Minutes:

 

 

Application Number

19/01225/ful

Location

The Old Cutting Rooms

Church Walk

Maldon

Proposal

Conversion of commercial premises to 1No. live/work unit and 2No. self-contained maisonettes.

Applicant

Mr Mark Salisbury – Bright Ideas

Agent

Mr Ashley Robinson – A R Property Designs

Target Decision Date

31.01.2020

Case Officer

Kathryn Mathews

Parish

MALDON NORTH

Reason for Referral to the Committee / Council

Member call-in: Councillor C Mayes - Policy reason:  D1 (3), H4, SDP

 

A Members’ Update was submitted advising that Essex County Council Highways Department had no objections. Following the Officer’s presentation, the Applicant, Mark Salisbury, addressed the Committee.

 

Councillor Mayes opened the debate and expressed concern about the loss of retail space in Maldon. In addition, she said she did not want to see empty and redundant buildings. Her main concern with the application was that the windows to the rear of the property looked directly into someone else’s garden. Officers confirmed that no objections had been raised regarding this issue.

 

The Lead Specialist Place then responded to a query regarding the difference between the two applications on The Old Cutting Rooms, namely Agendum Items 5 and 6 respectively. He explained that Agenda Item 5 was a planning application considered under the Town & Country Planning act and Agenda Item 6 was an application for listed building consent considered under separate legislation, the Listed Buildings Act. He said that he hoped the Officer’s report provided clarity on the two discrete areas.

 

A debate ensued regarding the possibility of the application being upheld at appeal, contrary to the Officer’s recommendation. The Lead Specialist Place reminded Members to be conscious of policy compliance and the need to evidence policy requirements, as in this case. No formal marketing evidence had been submitted in accordance with Policy E3, there were no material planning considerations put forward to overturn the officer’s recommendation and therefore unlikely to be overturned at appeal.

 

Councillor Morris said that the application was a benefit to the town, breathing new life into an empty property and making the town more vibrant. He proposed that the application be approved, contrary to the Officer’s recommendation. This was duly seconded

 

The Lead Specialist Place reiterated the issue of lack of marketing evidence in line with Policy E3 that prevented approval and said he would advise the applicant to include the evidence in any future submission.

The Chairman put Councillor Morris’ proposal to approve the application, for the reasons given, to the Committee. Upon a vote being taken this was refused.

 

The Chairman then put the Officer’s recommendation to refuse the application to the Committee. Upon a vote being taken the application was refused in accordance with the Officer’s recommendation.

 

RESOLVED that the application be REFUSED for the following reasons:-

 

1.               The proposed residential development would result in the partial loss of

employment and retail uses. Insufficient justification or evidence has been provided to demonstrate that the present use and activity significantly harms the character and amenity of the adjacent area, the proposed use would be of  ...  view the full minutes text for item 778.

779.

19/01226/LBC - The Old Cutting Rooms, Church Walk, Maldon pdf icon PDF 440 KB

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

 

Minutes:

Application Number

19/01226/LBC

Location

The Old Cutting Rooms

Church Walk

Maldon

Proposal

Works required as part conversion of commercial premises to 1No. live/work unit and 2No. self-contained maisonettes.

Applicant

Mr Mark Salisbury – Bright Ideas

Agent

Mr Ashley Robinson – A R Property Designs

Target Decision Date

31.01.2020

Case Officer

Kathryn Mathews

Parish

MALDON NORTH

Reason for Referral to the Committee / Council

Member call-in: Councillor C Mayes - Policy reason:  D1 (3), H4, SDP

 

Following the Officer’s presentation Councillor Nunn proposed that given the earlier explanation from Officers regarding this application being an historic building in a conservation area, it be approved in accordance with the Officer’s recommendation.

 

Referring back to the previously refused application the issue of a possible deferral of this application was raised. The Lead Specialist Place advised that this application should be determined at this Committee in accordance with planning policy. He added that should listed building consent be granted, works could not commence until both forms of consent had been granted.

 

Councillor Lagan, noting that approval of the application was the appropriate way to proceed, seconded Councillor Nunn’s proposal.

 

The Chairman put the proposal to approve the application in accordance with the Officer’s recommendation to the Committee. Upon a vote being taken the application was approved.

 

RESOLVED that he application be APPROVED subject 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 18(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

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

following approved plans and documents: 01 rev.A, 02, 03

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

3.         No development shall take place until large-scale drawings of all new external

doors – illustrating elevations at 1:20 and section details at 1:2 - have been submitted to the Local Planning Authority for approval in writing. All external joinery shall be of painted timber only. The development shall be carried out in accordance with the approved materials.

REASON  In the interest of the character and appearance of the listed

buildings and their setting

 

 

 

 

At this point Councillor Nunn declared a non-pecuniary interest in Agenda Item 7 – 19/01274/FUL – Harbour House, 23 Chandlers Quay, Maldon, as he was acquainted with the agent.

 

780.

19/01274/FUL - Harbour House, 23 Chandlers Quay, Maldon pdf icon PDF 528 KB

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

 

Additional documents:

Minutes:

Application Number

19/01274/FUL

Location

Harbour House, 23 Chandlers Quay, Maldon

Proposal

Variation of condition 2 on approved planning permission FUL/MAL/18/01326 (Proposed conversion from office to residential 2No. bed dwelling, balcony, alterations to fenestration, brickwall, re-surfacing and parking bays) to allow new metal fence enclosure to rear, side and front and external steps around curved wall

Applicant

Mr & Mrs Lawson

Agent

Annabel Brown - Annabel Brown Architect

Target Decision Date

30.01.2020

Case Officer

Kathryn Mathews

Parish

MALDON NORTH

Reason for Referral to the Committee / Council

Member call-in: Councillor C Mayes - Policy Reason:  D1; H4, D3

 

A Members’ Update was submitted advising that Essex County Council Highways Department had no objections. Following the Officer’s presentation, the Agent, Annabel Brown, addressed the Committee.

 

A debate ensued regarding the reason for refusal and whether this was intrusion into private matters as opposed to planning matters. The Lead Specialist Place drew Members’ attention to paragraph 5.4.2 in the report. He advised the Committee that this proposed alteration had been refused in the past and upheld at appeal. He concluded by saying that it was contrary to Policy D1 of the approved local development plan and was a material planning consideration, as it adversely impacted on the quality of the private amenity space.  

 

Councillor Morris said he did not agree that it adversely impacted on the quality of life of the applicants and proposed that the application be approved, contrary to the officer’s recommendation. This was seconded.

 

The Chairman put Councillor Morris’ proposal, for the reasons given, to approve the application contrary to the Officer’s recommendation, to the Committee. Upon a vote being taken it was refused.

 

The Chairman then put the Officer’s recommendation to refuse the application to the Committee. Upon a vote being taken this was agreed.

 

 

RESOLVED that the application be REFUSED for the following reasons:

 

1                 The proposed two-bedroom dwelling would not be provided with private amenity space of sufficient quality. Therefore, the development would not provide an adequate quality of life for the occupiers of the proposed dwelling, contrary to Policy D1 of the Maldon District Approved Local Development Plan, the Maldon District Design Guide and the NPPF.

 

781.

TPO 13/19 - The Limes Guest House, Market Hill, Maldon pdf icon PDF 336 KB

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

 

Minutes:

Application Number

TPO 13/19

Location

The Limes Guest House, Market Hill, Maldon

Proposal

Confirmation of TPO 13/19

Owners

Mr Mann

Confirmation by

13.06.2020

Case Officer

Hayleigh Parker-Haines

Parish

MALDON NORTH

Reason for Referral to the Committee / Council

Decision on confirmation of a Tree Preservation Order as per the Council’s scheme of delegation

 

Following the Officer’s presentation Councillor Nunn, Ward Member, opened the debate by pointing out that there had already been too many trees lost in Maldon. He proposed that the Committee approve the Officer’s recommendation to maintain the tree preservation order. This was duly seconded by Councillor Morris.

 

The Chairman put the Officer’s recommendation to the Committee. Upon a vote being taken the tree preservation order was confirmed. 

 

RESOLVED that the tree preservation order be CONFIRMED.

782.

Any other items of business that the Chairman decides are urgent

Minutes:

The Chairman reported that an enforcement report had been due at the February meeting of the Committee. He requested, with the agreement of the Committee, that a report be submitted to the March meeting of the Central Area Planning Committee and this was agreed.

 

RESOLVED that an enforcement report be considered at the nest meeting.