Agenda item

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

It was noted from the Members’ Update that two letters of support had been received, along with supporting information from the Applicant and a correction to paragraph 3.1.6 of the Officers’ report.

Following the Officers’ presentation, the Chairman advised Members that under the Council’s public participation scheme two submissions had been received, one from Mr Hutton-Penman, a supporter and another from the Applicant Mrs Dawson.  In accordance with the scheme he had reviewed the submissions and proceeded to read them out. 

The Chairman then moved the Officers’ recommendation of refusal as set out in the report.  This was not seconded.

Councillor V J Bell, a Ward Member, raised concern and commented on the evidence submitted to show the premise was never used for river related trade, how it was a heritage site, in a conservation and flood zone area and one of the biggest retail areas in Burnham-on-Crouch.  She referred to the current and ongoing impact of the recent COVID-19 emergency on retail and retail space in the High Street.  She felt that the reduction in retail space would make the development more sustainable, returning it to its original footprint.  Councillor Bell noted that the Conservation Officers supported the application and that the Planning Listed Building and Conservation Area Act 1990 required that the Council paid special attention to the desirability of preserving and enhancing the character and appearance of the conservation area, which she felt this application did.  Councillor Bell commented that she could not see any objection to the application and highlighted the benefits to the town of Burnham-on-Crouch.  She then proposed that the application be supported, contrary to Officers’ recommendation.  This proposal was duly seconded.

In response, the Lead Specialist Place reminded Members that each application had to be determined on its own merit.  He provided the following responses in relation to matters raised:

·                 in Officers consideration the level of evidence submitted did not, on balance, provide enough information to argue the site had not been used for employment-based activities in relation to maritime. 

·                 it was relatively common not to have onsite car parking in a high street location / retail area, but this was covered within the Officers’ report.

·                 the suggested reasons for refusal did not refer to the conservation area but this was covered in the Officers’ report.

·                 the impact of COVID-19 was yet unknown and Members should not be giving a lot of weight to the current situation caused by COVID-19.

The other Burnham-on-Crouch Ward Members supported the views of Councillor Bell and provided the Committee with background information regarding the history of the site.  Reference was made to a previous application for dwellings approved on this site and in response the Lead Specialist Place explained that this application had expired and had been considered prior to adoption of the Local Development Plan and Five Year Housing Land Supply.

In response to a question the Specialist: Development Management advised that the application did not propose to change the access to the quay from Priors Boatyard adjacent to the site.

The Chairman advised that he had earlier moved the Officers recommendation of refusal and this had not been seconded.  He then reminded the Committee of the proposed approval of the application, contrary to Officers’ recommendation, in the name of Councillor Bell, duly seconded and requested reasons for approval.

In accordance with Procedure Rule 13 (3) Councillor Stamp requested a recorded vote.

Members discussed reasons for approval and advice was provided by the Lead Specialist Place.  It was agreed that the evidence provided had shown that loss of maritime employment was not an option and that the retail unit would be viable.  The Lead Specialist Place confirmed that this would be an appropriate planning based reason for approval.

In response to a request for a condition to ensure the remaining retail space was kept as retail space, the Lead Specialist Place explained that if planning permission was approved a condition along these lines could be included, although the wording would be amended to ensure the condition met the six tests required by government guidance and case law.  This was noted.

The Lead Specialist Place requested, should Members be mindful to approve the application that due to its complexity conditions be delegated to Officers in consultation with the Chairman.

In accordance with the earlier request for a recorded vote, the Chairman put to the vote the proposal in the name of Councillor Bell that the application be approved, contrary to Officers’ recommendation, for the reasons detailed above and subject to conditions to be agreed by Officers in consultation with the Chairman of the Committee.  The voting was as follows:

For the recommendation:

Councillor M G Bassenger, V J Bell, A L Hull, N J Skeens, and W Stamp.

Against the recommendation:

None.

Abstain:

Councillors Mrs P A Channer and M W Helm.

RESOLVED that this application be APPROVED for the reasons set out below and subject to conditions to be agreed by Officers in consultation with the Chairman of the Committee. 

Reasons for approval:

The proposed development would secure the future of a building which positively contributes to the conservation area of Burnham-on-Crouch.  Whilst the proposal would result in the loss part of the existing retail space, the site it would continue to provide a viable retail unit.  In addition, it is not considered that the proposal would result in the loss of employment land.  Therefore, the proposal is considered to comply with policies E1, E2, E5, D1 and D3 of the Maldon District Local Development Plan, the Burnham-on-Crouch Neighbourhood Plan and Government advice contained within the National Planning Policy Framework (2019).