Agenda item

FUL/MAL/18/01255 and LBC/MAL/18/01256 - Ferry Boat Inn, Ferry Road, North Fambridge, Essex, CM3 6LR

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

 

Minutes:

Application Number

FUL/MAL/18/01255

Location

The Ferry Boat Inn, Ferry Road, North Fambridge

Proposal

Demolition of existing conservatory and erection of new south bar/restaurant wing, kitchen extension to rear (east), demolition of existing north-west single-storey extension and internal alterations to existing inn, reorganisation of existing car park to west and modifications to car park access, creation of new patio and other paved areas

Applicant

Mr. Dylan Kalis - Yacht Havens Group

Agent

Mr. Chris Hewitt - 2C Design Consultants

Target Decision Date

11.12.2018

Case Officer

Emma Worby

Parish

TOLLESHUNT D’ARCY

Reason for Referral to the Committee / Council

Member Call In – Councillor Miss S White (public interest)

 

Application Number

FUL/MAL/18/01256

Location

The Ferry Boat Inn, Ferry Road, North Fambridge

Proposal

Demolition of existing conservatory and erection of new south bar/restaurant wing, kitchen extension to rear (east), demolition of existing north-west single-storey extension and internal alterations to existing inn, reorganisation of existing car park to west and modifications to car park access, creation of new patio and other paved areas

Applicant

Mr. Dylan Kalis - Yacht Havens Group

Agent

Mr. Chris Hewitt - 2C Design Consultants

Target Decision Date

11.12.2018

Case Officer

Emma Worby

Parish

TOLLESHUNT D’ARCY

Reason for Referral to the Committee / Council

Member Call In – Councillor Miss S White (public interest)

 

It was noted from the Members’ Update that reference to the Parish of Tolleshunt D’Arcy in the table above was incorrect and that this should state North Fambridge.

 

Following the Officers’ presentation the Agent, Mr Hewitt addressed the Committee.

 

Councillor H M Bass proposed that the Committee deal with both the FUL and Listed Building application together.  This proposal was duly seconded.  The Chairman advised that there was still a need to have separate votes on both applications.

 

Councillor Miss S White, a Ward Member, referred to the design and supported the proposed development on balance.  Councillor J P F Archer, the other Ward Member, supported these views, provided some history regarding the application and referred to how the pub was a focal point and good for the village of North Fambridge.  The views of the Ward Members were supported by other Members of the Committee. 

 

Councillor Mrs P A Channer disclosed an interest in this application as it was in her Essex County Division, she had frequented the pub over a number of years and knew the previous landlord.

 

Following further discussions, Councillor Miss White proposed that both applications be approved, contrary to the Officers’ recommendation.  This was duly seconded.  In response the Officer clarified and it was agreed that the reasons for approval related to the support for local employment and business, the design being acceptable and the benefits outweighing harm to the listed building.  The Officer then outlined a number of conditions to be applied to the applications should the Committee be mindful to approve the applications.  Upon votes being taken both applications were approved contrary to Officers’ recommendations for the reasons detailed above with appropriate conditions as outlined by Officers.

 

At this point Councillor D M Sismey raised a question regarding why details of letters of representation were not being shown in reports, as the Council had agreed this should be detailed.  In response the Development Management Team Leader advised that this was being progressed, although there were some related issues regarding data protection which had to be addressed.

 

FUL/MAL/18/01255:

 

RESOLVED that this application be APPROVED subject to the following conditions:

1.         The development hereby permitted shall begin no later than three years from the date of this decision.

REASON: To comply with Section 91(1) of The Town & Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.         The development shall be carried out in accordance with the following approved plans and documents: 2CD01814-PRSP Rev A, 2CD01814-PBPL Rev B, 2CD01814-PRLO Rev A, 2CD01814-EXLO, 2CD01814-EBPF, 2CD01814-EPFP Rev B, 2CD01814-EXEL, 2CD01814-EXLP, 2CD01814-PREL Rev C, 2CD01814-PRLP Rev B, 2CD01814-PRBD, 2CD01814-PRIE

REASON: For the avoidance of doubt as to the extent of this permission.

3.         Prior to their use in the development hereby approved, details of the materials to be used in the construction of the external surfaces, including windows and doors, of the development hereby approved shall have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

REASON: To ensure the proposed development is of adequate design quality to respect the character and appearance of the listed building and the surrounding area in accordance with policies D1 and D3 of the Maldon District Local Development Plan.

4.         Notwithstanding the content of Part 3 of the Town and Country Planning (General Permitted Development) Order 2015, the extensions hereby granted shall only be used for purposes falling within Use Class A4 of the Use Classes Order 1987.

REASON: To clarify the terms of the permission and ensure that the building is used for the approved purposes, particularly having regard to the weight that was applied to the community benefit of the development in determining to approve the application, in accordance with policy E3 of the Maldon District Local Development Plan.

5.         The development hereby permitted shall not be first beneficially used until such time as the vehicle parking area indicated on the approved plans, including any parking spaces for the mobility impaired, has been hard surfaced, sealed and marked out in parking bays. The vehicle parking area(s) shall be retained in this form at all times. The vehicle parking area(s) shall not be used for any purpose other than the parking of vehicles that are related to the use of the approved development.

REASON: To ensure the provision of adequate parking at the site in accordance with the Councils Adopted Parking Standards and policy T2 of the Maldon District Local Development Plan.

6.         The public’s rights and ease of passage over footpaths number 10 and 15 in North Fambridge shall be maintained free and unobstructed at all times.

REASON: To ensure the continued safe passage of the public on the definitive right of way and accessibility in accordance with Policies D1 and T2.

7.         No development works above ground level shall occur until details of the surface water drainage scheme to serve the development shall be 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. The scheme shall ensure that for a minimum:

 

1)              The development should be able to manage water on site for 1 in 100 year events plus 40% climate change allowance.

 

2)              Run-off from a greenfield site for all storm events that have a 100% chance of occurring each year (1 in 1 year event) inclusive of climate change should be no higher than 10/ls and no lower than 1/ls. The rate should be restricted to the 1 in 1 greenfield rate or equivalent greenfield rates with long term storage (minimum rate 1l/s) or 50% betterment of existing run off rates on brownfield sites (provided this does not result in a runoff rate less than greenfield) or 50% betterment of existing run off rates on brownfield sites (provided this does not result in a runoff rate less than greenfield)

 

You are advised that in order to satisfy the soakaway condition the following details will be required:- details of the area to be drained, infiltration rate (as determined by BRE Digest 365), proposed length, width and depth of soakaway, groundwater level and whether it will be rubble filled.  Where the local planning authority accepts discharge to an adopted sewer network you will be required to provide written confirmation from the statutory undertaker that the discharge will be accepted.

 

REASON: To ensure that adequate arrangements are in place for the handling of surface water and to ensure that there is no increased risk of surface water flooding, in accordance with policies D1 and D5 of the Maldon District Local Development Plan.

8.         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.

REASON: To ensure that adequate arrangements are in place for the handling of foul water in the interests of ensuring that the development does not result in pollution, in accordance with policy D2 of the Maldon District Local Development Plan.

9.         Prior to the first use of the building for the purposes hereby approved details of all external illumination of the site shall be submitted to and approved in writing by the local planning authority. All illumination within the site shall be retained in accordance with the approved details. There shall be no other lighting of the external areas of the site unless otherwise agreed in writing by the local planning authority.

REASON: To ensure that lighting does not detract from the visual amenity of the site or the rural setting or cause light pollution in accordance with policies D1 and D2 of the Maldon District Local Development Plan.

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.

REASON: To ensure that waste is adequately stored and disposed of and does not detract from the character and appearance of the site in accordance with policies D1 and D2 of the Maldon District Local Development Plan.

11.       The use of the building hereby permitted shall not commence until a scheme for the ventilation of the building and the treatment of all smells and fumes including the details of the attenuation of all equipment shall first have been submitted to and approved in writing by the local planning authority. The works as approved shall be installed and operational prior to the commencement of the use of the building and retained as such thereafter. 

 

The scheme should include ventilation of the new bar/restaurant to regulate the temperature of the room during hot weather without the need to open doors and windows.

REASON: In order to ensure the appropriate use of the site and to protect the amenities of neighbouring residents in accordance with policy D2 of the Maldon District Local Development Plan.

12.       Full details of both hard and soft landscape works shall be submitted to and approved in writing by the local planning authority prior to any works occurring above ground level at the application site. These details shall include, for example:

 

i.          Proposes finished levels contours;

ii.         Means of enclosure;

iii.       Car parking layouts;

iv.        Other vehicle and pedestrian access and circulation areas;

v.         Hard surfacing materials;

vi.        Minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting);

vii.       Proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc., indicating lines, manholes, supports);

viii.     Retained historic landscape features and proposals for restoration, where relevant.

 

The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the occupation of any part of the development hereby approved unless otherwise agreed in writing by the local planning authority. If within a period of five years from the date of the planting of any tree or plant, or any tree or plant planted in its replacement, is removed, uprooted, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree or plant of the same species and size as that originally planted shall be planted in the same place, unless the local planning authority gives its written consent to any variation.

 

The hard landscape works shall be carried out as approved prior to the first use / occupation of the development hereby approved and retained and maintained as such thereafter.

 

REASON: To ensure that the impact of the development is suitably mitigated and does not detract from the character and appearance of the area, in accordance with policy D1 of the Maldon District Local Development Plan.

13.       Details of the measures that shall be included within the development in accordance with section 10.7 of the Conclusions and Recommendations section of the submitted Flood Risk Assessment (Revision D - Dated October 2018) shall be submitted to and approved in writing by the Local Planning Authority prior to any works occurring above ground level.  Subsequently the development shall only be undertaken in full accordance with the approved details.

REASON: To ensure that the development does not create or is subjected to an increased risk of flooding in accordance with policy D5 of the Maldon District Local Development Plan.

14.       The development shall only be undertaken in full accordance with the Recommendations set out within Section 4.0 of the submitted Ecological Appraisal (Dated December 2017) unless otherwise agreed in writing by the Local Planning Authority.

REASON: To ensure that the development has suitable regard to the potential ecological interests of the site and the surrounding area in accordance with policy N2 of the Maldon District Local Development Plan.

15.       Details of the siting, height, design and materials of the treatment of all boundaries including gates, fences, walls, railings and piers shall be submitted to and approved in writing by the local planning authority prior to first use/occupation of the development hereby approved.  The screening as approved shall be constructed prior to the first use/occupation of the development to which it relates and be retained as such thereafter.

REASON: To ensure that the impact development does not detract from the character and appearance of the area, in accordance with policy D1 of the Maldon District Local Development Plan.

 

LBC/MAL/18/01256:

 

RESOLVED that Listed Building consent be GRANTED subject to the following conditions:

1.         The development hereby permitted shall begin no later than three years from the date of this decision.

REASON: To comply with Section 18(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.         The development shall be carried out in accordance with the following approved plans and documents: 2CD01814-PRSP Rev A, 2CD01814-PBPL Rev B, 2CD01814-PRLO Rev A, 2CD01814-EXLO, 2CD01814-EBPF, 2CD01814-EPFP Rev B, 2CD01814-EXEL, 2CD01814-EXLP, 2CD01814-PREL Rev C, 2CD01814-PRLP Rev B, 2CD01814-PRBD, 2CD01814-PRIE

REASON: For the avoidance of doubt as to the extent of this consent.

3.         Prior to their use in the development hereby approved, details and samples of the materials to be used in the construction of the external surfaces, including windows and doors, of the development hereby approved shall have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

REASON: To ensure the proposed works enhances or maintains the character and appearance of the listed building in accordance with policy D3 of the Maldon District Local Development Plan.

4.         Once the modern brickwork has been removed from the southern ground-floor fireplace, a specification for its restoration (based on the condition of what is uncovered) shall be submitted for approval prior to implementation.  Subsequently the works shall be undertaken only in accordance with the approved details.

REASON: To mitigate the impact of the approved works on the character and fabric of the listed building in accordance with policy D3 of the Maldon District Local Development Plan.

5.         Large-scale drawings of all new or replacement windows – illustrating elevations at 1:20 and section details of glazing bars, head, cills, jambs etc. – shall be submitted for approval prior to installation.  Subsequently the works shall be undertaken only in accordance with the approved details.

REASON: To ensure the proposed works enhances or maintains the character and appearance of the listed building in accordance with policy D3 of the Maldon District Local Development Plan.

6.         The metal chimney flue to the extension shall be finished black.

REASON: To mitigate the impact of the approved works on the character and fabric of the listed building in accordance with policy D3 of the Maldon District Local Development Plan.

Supporting documents: