Agenda item

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

Following the Officer’s presentation of the report, Members debated this application in some depth.  It was noted that Green Lane was becoming very busy and there were concerns that the area was becoming overdeveloped.  Furthermore, planning applications in this area had previously been refused.

The Group Manager – Planning Services advised that whilst a number of dwellings on this site had previously been refused by the Council, they had subsequently been allowed on appeal.

A Member advised that access was no longer available as the donor bungalow was no longer to be demolished[1].  However, the Group Manager – Planning Services advised that this should not be taken into account.

In response to a question, the Development Management Team Leader advised that it was understood that a certificate of ownership had been served on the land owner who shared the same surname as the Applicant.

Members were concerned that this was outside of the development boundary, was not a strategic allocation in accordance with the Local Development Plan (LDP) and the Neighbourhood Plan for Burnham-on-Crouch was now in place. 

There was also concern regarding access and the impact on Green Lane.  Although the Highways Authority had raised no objection to access, Members believed that any access was contrived access.

At this point, and in light of discussions, the Chairman then asked Members  for a proposal for refusal of this application.   A number of reasons for refusal were discussed and it was suggested that if refused the reasons could be agreed by the Chairman and Officers.

The Group Manager – Planning Services did not agree with some of the concerns raised by Members and advised that because the Council had a policy that was not a reason for refusal.  He advised that demonstrable harm had to be shown and being contrary to a policy was not demonstrable harm.

In response to a question, the Development Management Team Leader confirmed that if granted this was for outline permission only and reserved matters would need to be dealt with before the site could be developed.

Councillor Mrs P A Channer CC, proposed that the Chairman in consultation with the Group Manager - Planning Services and Ward Members come up with the wording for[2]reasons for refusal.  This proposal was not supported.

The Group Manager – Planning Services referred to the need for reasons to show planning harm.  He suggested that following Members discussions that the reasons for refusal put forward by Members were concern in relation to the new access, impact on the character of the area, the development is contrary to the LDP and the Burnham-on-Crouch Neighbourhood Plan.

Members voted on the Officer’s recommendation of approval and this was not agreed.

A second vote was taken on refusal of this application and this motion was carried, subject to the reasons as detailed by the Group Manager - Planning Services to be confirmed with the Ward Members and Chairman (Councillor A S Fluker).

RESOLVED that this application be REFUSED for the following reasons:

1          The proposed development on land outside the settlement boundary of Burnham-on-Crouch would represent the sprawl of development into the countryside and cause harm to the character and intrinsic beauty of the countryside.  The proposal is therefore contrary to policies S1, S8, D1 and H4 of the Maldon District Local Development Plan 2017, policies HO.1 and HO.8 of the Burnham-on-Crouch Neighbourhood Development Plan 2017 and the guidance contained within the National Planning Policy Framework.

2          The proposed development, by virtue of the proposed new access road linking the proposed dwellings to Green Lane, would have a detrimental and harmful visual impact on the character and intrinsic beauty of the countryside.  The proposal is therefore unacceptable and contrary to policies S1, S8, D1 and H4 of the Maldon District Local Development Plan 2017, policies HO.1 and HO.8 of the Burnham-on-Crouch Neighbourhood Development Plan 2017 and the guidance contained within the National Planning Policy Framework.

Councillor R P F Dewick returned to the Council Chamber.

COUNCILLOR R P F DEWICK IN THE CHAIR