Agenda item

Following the Officer’s presentation, the Chairman invited the Committee to ask questions and comment on the application. A debate ensued where Members raised concerns around the layout and design of the site, the need for boundary fencing, integration with the Crazy Golf site, type of food/refreshments on offer, restrictions on advertisements or illuminated signs and the location in relation to potential flood issues.

The Specialist: Development Management advised that the layout was inwards facing towards the adventure golf course and the boundary fence would remain. With reference to the food served she advised that condition 8 ensured that no primary cooking from raw food was allowed until ventilation was installed. The kiosk was sited just outside of the flood zone and the applicant had provided flood evacuation plans information that were included under condition 7.

The Lead Specialist Place referring to the issue of advertising advised that this could be addressed under an additional condition that would need to be delegated to officers in consultation with the Chairman and Ward Members.

The Lead Specialist: Development Management advised that the application followed previous applications on the site, including the approval for the main golf site which included a larger café that hadn’t been built. As the wider development had been implemented, the approved café could be built at any time. The design for the kiosk would be as per the plans on the current application so from a planning perspective the application was satisfactory. The Specialist Development Management reassured the Committee that should this application be approved the applicant would not be able to build both the kiosk and the previously approved café, as they were both positioned in the same location.

Councillor Lagan felt that the building was in keeping with the surrounding area, the facility was there to support families and that this would complete the number of food outlets on the promenade. He proposed that the application be approved in accordance with the Officer’s recommendation. This was seconded by Councillor Nunn.

A recorded vote was requested by Councillor Morris and seconded by Councillor Mayes. The Chairman put the proposal to approve the application to the Committee, including the condition regarding advertisement restrictions that was delegated to Officers in consultation with the Chairman and Ward Members. Upon a recorded vote being taken the results were as follows:--

For the Officer’s recommendation

Councillors Miss A M Beale, M R Edwards, M S Heard, M H Lagan, S P Nunn and C Swain

Against the Officer’s recommendation

Councillor C Mayes, C Morris, N G F Shaughnessy and Mrs J C Stilts

Abstentions

None

RESOLVED that the application be APPROVED subject to the aforementioned delegated condition together with those listed below:

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 the following documents: 2025/loc01 Rev A, 2025/02, Q033570-CU, 5035-SERV

3          The materials used in the development hereby approved shall be as set out within the plans/application form hereby approved.

4          The development hereby permitted shall only be open to the public between 10:00 hours and 18:00 hours Monday-Sunday inclusive, including Public Holidays.

5          If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

6          The surface water and foul drainage connections shall be undertaken as shown on plan 2025/02 and shall remain as such in perpetuity.

7          The development shall be carried out in accordance with the flood evacuation measures contained within the Flood Risk Assessment February 2021.

8          The use hereby permitted shall not include any primary cooking, that is the application of heat to raw or fresh food in order to cook it, unless a scheme for ventilation has been installed in accordance with details which shall have been submitted to and gained the prior written consent of the local planning authority. The ventilation scheme shall be retained as approved in perpetuity. Reason: In the interests of the amenity of the occupiers of neighbouring properties in accord with Policy D2 of the Maldon District Approved Local Development Plan and the NPPF.

9          Deliveries to the site shall only be undertaken between 08:00 hours and 18:00 hours Monday to Friday and at no time at weekends of Bank Holidays.

10        Prior to the first use of the building for the purposes hereby approved a scheme for the means of refuse storage including details of any bin stores shall have been submitted to and approved in writing by the local planning authority. The agreed scheme shall be implemented prior to the first occupation of the development and retained for such purposes at all times thereafter.

11        Prior to the first use of the development hereby approved, details of all proposed external illumination of the site shall have been submitted to and approved in writing by the local planning authority. All illumination within the site shall be installed, maintained and retained in accordance with the approved details. There shall be no other lighting of the external areas of the site.