Agenda item

FUL/MAL/17/00216 - Topsail Charters Limited, Cooks Boatyard, The Hythe, Maldon

To consider the planning application and recommendations of the Chief Executive copy enclosed, Members’ Update to be circulated)*.

Minutes:

Application Number

ful/mal/17/00216

Location

Topsail Charters Limited Cooks Boatyard The Hythe Maldon

Proposal

Change of use of existing lease to allow the following for three years:-

  • For mooring of historic barge on camp shed as public tearoom and daytime meeting room
  • Evening use as an Arts Venue
  • Erection of safety stanchions and link chain along riverside of path

Applicant

Ms Stephanie Valentine

Agent

N/A

Target Decision Date

20 April 2017

Case Officer

Yee Cheung

Parish

MALDON EAST

Reason for Referral to the Committee / Council

Council Owned Land

 

It was noted from the Members’ Update that if Members were mindful to refuse the application under the Committee’s Terms of Reference the application would need to be determined by the Council.

 

Following the Officers’ presentation Mr Noel Probyn, an Objector, Mr Roger Beckett, a Supporter and Mr Paul Jefferies the Applicant addressed the Committee.

 

In response to a question, the Group Manager - Planning Services advised the Committee that if it was mindful to approve this application he would suggest that Officers be given delegated authority to discuss conditions with the Environment Agency to limit the harm they perceived.

 

Councillor A T Cain supported the application highlighting how it was for a short term lease, would bring employment into the area and how the economic benefit it would bring outweighed the disadvantages.  These views were reiterated by other Members of the Committee.

 

In response to a question, the Group Manager - Planning Services provided Members with information regarding Government Guidance on granting temporary permissions.  In particular, how such consents should not be extended but either approved or refused once the time limit has expired.  He also highlighted a number of areas which Members needed to assess prior to approving or refusing the application.

 

In response to a question regarding the flood risk, the Officer explained that the Environment Agency would have considered how the site was going to be used and the matrix they would use to assess flood risk. 

 

Councillor A T Cain proposed that the application be approved, contrary to Officers’ recommendation.

 

The Chairman then put the Officers’ recommendation of refusal to the Committee.  Upon a vote being taken this was declared lost.  Councillor S J Savage asked that his vote in favour of refusal be recorded.

 

The Chairman sought from Officers details of the proposed conditions if Members were mindful to approve the application.  The Group Manager - Planning Services advised that would include conditions limiting consent for a temporary period (three years) and controlling hours of operation and noise.  The responses from statutory consultees would be checked for additional conditions being recommended, subject to their meeting the statutory tests, and this would include the Environment Agency on flood matters.

 

The Chairman then put to the vote approval of the application, contrary to Officers’ recommendation and this was duly agreed.

 

RESOLVED that this application be APPROVED subject to the following conditions together with additional conditions as referred to above:

 

1          The use hereby permitted shall be discontinued and the land restored to its former condition on or before 31 May 2020 in accordance with a scheme of work submitted to and approved by the Local Planning Authority.

 

2          The development hereby permitted shall be carried out in complete accordance with the approved drawings specifically referenced on this decision notice.

 

 

Councillor S J Savage commented on applications made on Council owned land and consulting Members in respect of them.  In response the Development Control Team Leader provided Members with some information and the Chairman advised that this was a matter for outside of the meeting.

Supporting documents: