Agenda item

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

The Officer presented their report to the Committee, noting the Members’ Update which advised that the Parish Council had, at time of going to print, made no comment regarding the application. 

Following the Officer’s presentation, Mr David Brock, an Objector, Councillor Miriam Lewis, representing Heybridge Parish Council, and Mr Tony Cooper, on behalf of the Applicant, addressed the Committee.

Councillor B E Harker opened the discussions, making comment on how the prospective benches situated in front of the neighbouring cottages would be intrusive,  the proximity would be harmful to their amenities and that the application contradicted Section 22 of the Building and Conservation Act 1990 as the cottages were considered a local heritage asset.  Councillor Harker then proposed that the application was refused, contrary to the officer’s recommendation, for the aforementioned reasons, and this was duly seconded.

The subsequent discussion raised queries as to whether the Village Design Statement had been considered and whether the Conservation Officer had provided any comments.

In response to questions from the Committee, the Lead Specialist Place confirmed that, as the benches were to be a static feature, they required planning permission and if the terrain they were sited on was to be converted to hard standing a separate application would be required.

Councillor C Morris proposed that the application be approved in accordance with the officer’s recommendation, as there was a business need to provide additional seating and were the benches removed of an evening no planning permission would be required.  This was duly seconded.

Members reviewed the application with consideration made to comments provided by Conservation Officer, which had not been included in the table at Section 7 of the report. The Lead Specialist Place advised that the report could contain errors where this information had previously been omitted.  In light of this, Councillor M S Heard proposed that the application be deferred to allow Officers the opportunity to review the report with the inclusion of the Conservation Officer’s comments as this could change the Officer’s recommendation.  This was duly seconded.

Councillor M S Heard put the initial proposal of refusal, contrary to the Officer’s recommendation, to the Committee, and upon a vote being taken the application was refused.

RESOLVED that the application be REFUSED for the following reason:

The change of use of the grass area to the front of The Old Ship Public House and No.1, 2 and 3 Lock Hill harms the appearance and character of the conservation area, which is a local heritage asset and will have a detrimental impact on the amenities of the residents of No.1, 2 and 3 Lock Hill and therefore the proposal is in conflict with policies D1, D3 and H4 of the Maldon District Local Development Plan and Section 72 of the Planning (Listed Building and Conservation Areas) Act 1990.