Agenda item

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

Following the Officer’s presentation, the Applicant, Mr Salisbury, addressed the  Committee. The Chairman then opened the debate.

Councillor Morris, addressing the Officer’s report, said that the public seating shelter had been closed for too many years, it was in a state of disrepair, not an attractive place to sit and an improved replacement would better serve residents. For these reasons he proposed that the application be approved in accordance with the Officer’s recommendation.

Councillor Heard said he wholeheartedly supported the proposal as the existing structure had no architectural merit and attracted anti-social behaviour. At this point Councillor Mayes seconded Councillor Morris’  proposal.

Councillor Lagan expressed concerns regarding the application. He felt strongly that the existing structure was a unique community asset that provided disabled access and that anti-social behaviour was endemic, not just in this location. He said it should be rejected as it contravened Policy E3 of the Local Development Plan and there was already enough fixed assets in the location. Councillor Swain also did not favour the application as it promoted a piecemeal approach to kiosks in the park as opposed to an overall plan.

The Lead Specialist Place reminded members that although the issues raised had merit they were not material planning considerations. It was further noted that the Conservation Officer had raised no objection to the application.

The Chairman moved Councillor Morris’ proposal to approve the application in accordance with the Officer’s recommendation and Councillor Lagan requested a recorded vote.

The Chairman then put Councillor Morris’ proposal to the Committee and the results of the recorded vote were as follows:-

For the Recommendation

Councillors  A M Beale, M R Edwards, M S Heard, B B Heubner, C Mayes, C Morris, and S P Nunn.

Against the Recommendation

K M H Lagan, N G F Shaughnessy, J C Stilts and C Swain.

Abstentions

None

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 the following documents: DR01; DR02; DR04; Design and Access Statement dated March 2021

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 08:30 hours and 17:30 hours Monday-Sunday inclusive, including Public Holidays.

5.         No development works shall occur above ground level until details of the foul drainage scheme to serve the development have been 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.

6.         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.

7.         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.

8.         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.