Agenda item

FUL/MAL/19/00722 - 1 Kings Road, Southminster, Essex CM0 7EJ

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



Application Number



1 Kings Road, Southminster, Essex, CM0 7EJ


Redevelopment of the site to include the conversion of the existing building to provide 4No. one-bedroom flats and the erection of a two storey side/rear extension to provide 2No. one-bedroom flats (all social rent), with associated off-street parking, amenity space, landscaping, external refuse and cycle store and external alteration (resubmission of FUL/MAL/19/00195).


Mr Russell Drury - MOAT


Miss Maria Cannavina - Prime Building Consultants Ltd

Target Decision Date

04.09.2019 (EoT agreed: 11.10.2019)

Case Officer

Anna Tastsoglou



Reason for Referral to the Committee / Council

Previous Committee Decision

This application was previously refused contrary to Officers’ recommendation.


A Members’ Update was submitted summarising two additional letters received, one commenting on the application and one objecting.


Following the Officer’s presentation Mr Terry Duffy, an Objector, addressed the Committee.


A debate ensued where some Members raised concerns around design and inadequate parking provision. Other Members, acknowledging the need for social housing, welcomed the application.


In response to issues raised the Lead Specialist Place advised that the parking provision of seven spaces, outlined in section 5.5. of the report, met the requirements of the scheme. That the provision of a charging point should be viewed as betterment as it was not a requirement in a scheme of this size and that the scheme was policy compliant in terms of meeting requirements for disabled people. With reference to conservation issues in respect of nearby listed buildings, he said that the site would not affect the setting.


Councillor Fluker, whilst acknowledging that the applicant had met some of the reasons for refusal, felt that the parking provision did not accord with Maldon District Council’s Parking Supplementary Planning Document (SPD). He said this would escalate problems on Kings Road with increased off-street parking. He proposed that the application be refused, contrary to the Officer’s recommendation, as it did not accord with Policy D1 of the Local Development Plan (LDP), in terms of design, scale size and bulk, Policy C15 of the Maldon District Design Guide (MDDG) for corner sites and failed to meet vehicle parking standards, in particular paragraph 4.4.3.of the Parking SPD. This was duly seconded.


In accordance with Procedure Rule No. 13 (3) Councillor A S Fluker requested a recorded vote. 



For the proposal:

Councillors R G Boyce, MBE, Mrs P A Channer, A S Fluker and A L Hull.


Against the proposal:

Councillors  M G Bassenger, B S Beale, MBE, V J Bell and W Stamp.


There being an equality of votes the Chairman exercised his casting vote in support of the Officer’s recommendation and the proposal to refuse the application failed.


Councillor W Stamp then proposed that the application be approved in accordance with the Officer’s recommendation. This was duly seconded.


The Chairman put the proposal to support the application to the Committee. Upon a vote being taken the application was approved.


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.

2.             The development hereby permitted shall be carried out in complete accordance with approved drawings 014.1890-001 P3; 014.1890-002 P3; 014.1890-003 P3; 014.1890-004 P3;  014.1890-009 P5; 014.1890-010 P7; 014.1890-005 P12; 014.1890-070 P7; 014.1890-006 P10; 014.1890-018 P1 and 014.1890-008 P11.

3.       The development shall be implemented in accordance with the details of external

finishing materials included in the submitted application form and detailed in plan no. 014.1890.600 P1 and be retained as such in perpetuity.

4.       The development shall be implemented in accordance with the boundary treatment details included in plan no. 014.1890.005 P12 and be retained as such in perpetuity.

5.       The first floor windows on the west elevation of the proposed two storey extension

shall only be glazed in obscure glass (the glass to be obscure to at least Level 4 on the Pilkington Levels of Privacy, or such equivalent as may be agreed in writing with the local planning authority) and fixed shut, except for any top hung fan light which shall be a minimum of 1.7 metres above internal floor level unless otherwise agreed in writing by the local planning authority.  In the case of multiple or double glazed units at least one layer of glass in the relevant units shall be glazed in obscure glass to at least Level 4.

6.       Within the first available planting season (October to March inclusive) following the occupation of the development the landscaping works as shown on 014.1890.005 P12 and specifications attached to and forming part of this permission shall be fully implemented and be retained as such in perpetuity.

7.       No development shall commence until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

·      The parking of vehicles of site operatives and visitors

·      Loading and unloading of plant and materials

·      Storage of plant and materials used in constructing the development

·      Wheel washing facilities

·      Measures to control the emission of dust, noise and dirt during construction

Hours and days of construction operations.                       

8.      No development works above ground level shall occur until details of the surface water drainage scheme to serve the development shall be submitted to and agreed in writing by the local planning authority. The agreed scheme shall be implemented prior to the first occupation of the development. The scheme shall ensure that for a minimum:

1) The development should be able to manage water on site for 1 in 100 year events plus 40% climate change allowance.


2) Run-off from a greenfield site for all storm events that have a 100% chance of occurring each year (1 in 1 year event) inclusive of climate change should be no higher than 10/ls and no lower than 1/ls. The rate should be restricted to the 1 in 1 greenfield rate or equivalent greenfield rates with long term storage (minimum rate 1l/s) or 50% betterment of existing run off rates on brownfield sites (provided this does not result in a runoff rate less than greenfield) or 50% betterment of existing run off rates on brownfield sites (provided this does not result in a runoff rate less than greenfield)


You are advised that in order to satisfy the soakaway condition the following details will be required:- details of the area to be drained, infiltration rate (as determined by BRE Digest 365), proposed length, width and depth of soakaway, groundwater level and whether it will be rubble filled.


Where the local planning authority accepts discharge to an adopted sewer network you will be required to provide written confirmation from the statutory undertaker that the discharge will be accepted.                         

9.       No development above ground level shall be occur until details of the development details of the foul drainage scheme to serve the development shall be submitted to and agreed in writing by the local planning authority. The agreed scheme shall be implemented prior to the first occupation of the development.                       

10.     The vehicular access onto Kings Road shall be widened as shown on planning drawing 014.1890-005 P12. The access constructed at right angles to the highway boundary and to the existing carriageway. The width of the access at its junction with the highway shall be no wider than 6 metres and shall be provided with an appropriate dropped kerb vehicular crossing of the highway verge and carriageway.

11.     Prior to the occupation of the development the vehicle parking area indicated on the approved plans, including any parking spaces for the mobility impaired, has been hard surfaced, sealed and marked out in parking bays. The vehicle parking area and associated turning area shall be retained in this form in perpetuity. The vehicle parking shall not be used for any purpose other than the parking of vehicles that are related to the use of the development unless otherwise agreed with the Local Planning Authority.

12.     No unbound material shall be used in the surface treatment of the vehicular access within 6 metres of the highway boundary.

13.     There shall be no discharge of surface water onto the Highway.

14.     Prior to first occupation of the proposed development, the Developer shall be responsible for the provision, implementation and distribution of a Residential Travel Information Pack for sustainable transport, approved by Essex County Council, to include six one day travel vouchers for use with the relevant local public transport operator. These packs (including tickets) are to be provided by the Developer to each dwelling free of charge.

15.     The refuse and cycle stores hereby approved shall be provided prior to the first occupation of the development and be retained for such purposes in perpetuity thereafter.

16.     No development shall take place until the programme of archaeological work has been implemented in accordance with the details included in the submitted Archaeological Project Design document (dated May 2019).


Supporting documents: