Agenda item

FUL/MAL/18/01365 - South Embankment, Northey Island, Maldon, Essex

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

 

Minutes:

Application Number

ful/mal/18/01365

Location

South Embankment

Northey Island

Maldon

Proposal

Removal of concrete blocks facing embankment.  Infilling of borrow ditch and lowering of embankment to allow saltmarsh habitat creation behind (0.15ha).  Construction of closing bank to prevent flooding to adjacent field to east.  Repair to section of embankment to west.

Applicant

Mrs Nina Crabb - The National Trust

Agent

Mrs Nina Crabb - The National Trust

Target Decision Date

12/02/19

Case Officer

Kathryn Mathews

Parish

MALDON EAST

Reason for Referral to the Committee / Council

Major application

Member call-in by Councillor Miss Miriam R Lewis in the public interest - particularly concerned about the conflict with our SMP and the adopted “hold the line” position.

Member call-in by Councillor Mrs Brenda D Harker in the public interest.

Member call-in by Councillor Stephen J Savage at the request of Maldon Town Council and public interest.

 

Councillor Mrs P A Channer advised that she was a Member of the National Trust.

 

The Officer presented their report to the Committee.  The Chairman then drew the attention of the Committee to the Members’ Update which provided a response from Essex and Suffolk Water, points raised by an interested party objecting to the application, and an amendment to the pre-commencement and proposed conditions of the application.

 

Councillor S J Savage spoke at length in objection to the application; raising concerns he had received from the electorate and opining the detrimental impact removal that this breakwater could have to the surrounding area and stated that the application would be in breach of policies D1, S1, N1, N2 and N3.

 

Councillor S J Savage proposed that the application be refused, contrary to the Officer’s recommendation and for the aforementioned reasons.  This was duly seconded.

 

Members of the Committee stated that this eastern breakwater was important to the harbour, and sought clarification over the potential impact the application could have on the surrounding area.  Disappointment was expressed that the National Trust was not available to address the concerns of Members and the Group Manager Planning Services directed the Committee to the Officer’s report for answers.

 

In response to the Committee’s concerns over whether the application was compliant with the Shoreline Management Plan (SMP) or the Council’s ‘Hold the Line’ policy, the Group Manager Planning Services advised the Committee that ‘Hold the Line’ is a Council policy and that the application was in response to the Environment Agencies decision to no longer fund the flood defences and that this was a material consideration in the determination of this application.

 

A discussion ensued where it was agreed that Members would prefer the site to be managed yet acknowledged that a breach would be inevitable in the long term.

 

The Chairman put Councillor S J Savage’s proposal of refusal to the Committee, and following a vote the motion failed.

 

The Chairman put the Officer’s recommendation of approval to the Committee and upon a vote being taken the application was approved.

 

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 accordance with the following approved plans and documents: Location plan; Block plan; PB7778-1001 rev.P3; PB7778-1002 rev.P1; PB7778-1005 rev.P1; PB7778- 1011rev.P1; PB7778-1010revP1 and the mitigation measures in the supporting documents: Contamination Risk Assessment 12 June 2018, Water Framework Directive Compliance Assessment 12 June 2018, Extended Phase 1 Ecological Assessment October 2015 and Extended Phase 1 Habitat Survey 25 June 2018.

3            No works shall take place until a Flood Warning and Evacuation Plan has been fully implemented in accordance with details which shall have been submitted to and gained the prior written approval of the local planning authority.

4            No development including any site clearance or groundworks of any kind shall take place within the site until an archaeological assessment by an accredited archaeological consultant to establish the archaeological significance of the site has been submitted to and approved in writing by the local planning authority. Such archaeological assessment will inform the implementation of a programme of archaeological work.

5            No development of any kind shall take place within the site until the implementation of a programme of archaeological recording from an accredited archaeologist has been secured in accordance with a written scheme of investigation which has been submitted to and gained the prior written approval of the local planning authority. The development shall be carried out in a manner that accommodates the approved programme of archaeological work.

6            Other than temporary fencing during the construction period, no new fencing or other means of enclosure shall be erected within the site unless details of the location, height, materials and design of the fencing has been submitted to and gained the prior written consent of the local planning authority. The development shall be completed in accordance with the approved details.

7            No floodlighting or other external form of illumination of the site shall be undertaken, during construction or operation, without the express consent of the local planning authority.

8            No construction works shall be carried out during the months of October to March (inclusive) unless details of the works, along with any necessary measures to mitigate the impact of the works on the internationally and nationally designated sites (SPA, Ramsar and SSSI), have been submitted to and gained the prior approval in writing of the local planning authority. The work shall be completed in accordance with the approved details.

9            No development including any site clearance or groundworks of any kind shall take place until an up-to-date version of the Construction Environmental Management Plan 28 June 2018 has been submitted to and approved in writing by the local planning authority. The development shall be carried-out in accordance with the approved Plan.

Supporting documents: