Agenda item

FUL/MAL/19/00382 - Club Nautico, Bridgemarsh Marina, Bridgemarsh Lane, Althorne, 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/19/00382

Location

Club Nautico Bridgemarsh Marine Bridgemarsh Lane Althorne Essex 

Proposal

Section 73A application for extension and alterations to barge S.S. Nautico and for the change of the use on the upper deck from office to club house with associated facilities (resubmission of application FUL/MAL/17/01376).

Applicant

Mr John Wilsdon

Agent

Mr Mark Morgan - Petro Designs Ltd

Target Decision Date

20.06.2019 E.o.T. 19.07.2019

Case Officer

Spyros Mouratidis

Parish

ALTHORNE

Reason for Referral to the Committee / Council

Member Call In – Councillor Mark G Bassenger – Concerns about the application

 

Following the Officer’s presentation Mr Lakin, an Objector, Parish Councillor Mr Brian Noye, Althorne Parish Councillor and the Applicant Mr John Wilsdon,  addressed the Committee.

 

Councillor Bassenger, having previously agreed to make a personal statement and leave the chamber, sought further clarification from the Chairman.

 

The Chairman, in response, again reminded Members that they had all attended the Code of Conduct training. The training had been clear on where Members stood in regard to interests and the best course of action to take if in doubt, together with the role of the Monitoring Officer and/or the Standards Committee, in respect of the code of conduct. He repeated that when in doubt on any application Members should seek the advice of the Monitoring Officer in advance of the meeting and that he could only offer advice. How a Member declared was down to the individual.

 

Councillor Bassenger then reverted to his original non-pecuniary declaration of interest and said he would remain for the discussion on this item of business.

 

Councillor Fluker, taking into consideration the stringent conditions already applied to the application, proposed that the Officer’s recommendation of approval be agreed. This was duly seconded by Councillor Helm.

 

In response to questions raised around access, fire standards and inclusivity the Lead Specialist Place advised that these issues were dealt with under separate legislation, they were not planning matters. With reference to concerns around parking it was clarified that parking was not a consideration as the proposed use was ancillary to the marina for those already berthed there, therefore the existing parking facilities were adequate. The conservation issues were mitigated by the seasonal nature of the use, namely April to September.

 

It was considered that the current scheme had addressed the previous reason for refusal. Subject to conditions, the development was not considered to be detrimentally harmful to the character and appearance of the area, the living conditions of neighbouring occupiers, the highway safety, the natural environment and the safety of users from flood risk in line with local policies S1, S7, S8, D1, D2, D5, E5, N2, T1 and T2 of the Approved Maldon District Local Development Plan (MDLDP).

 

Councillor Fluker proposed that, in addition to his original proposal, a recorded vote be taken on this item and this was seconded.

 

Councillor Stamp proposed that the applicant’s suggestion of a 12-month temporary consent from date of first opening, be included as an extra condition. This was seconded by Councillor Fluker.  

 

The Chairman put the proposal to approve the application, with the additional condition of a 12-month temporary consent from date of opening, to the Committee and a recorded vote was taken: 

 

For the recommendation:

 

Councillor M W Helm

Councillor R G Boyce MBE

Councillor W Stamp

Councillor A S Fluker

Councillor R P F Dewick

 

Against the recommendation:

 

Councillor M G Bassenger

Councillor  B S Beale

Councillor V J Bell

 

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

 

1.         Within twenty-eight (28) days from the commencement of the use of the premises as a clubhouse, a notice in writing shall be given to the Local Planning Authority to confirm the date the use commenced. The use of the premises as a clubhouse hereby permitted shall cease one year after the commencement of the use.

REASON It is not considered that the grant of a permanent planning permission would be appropriate and a temporary permission would enable the Local Planning Authority to re-assess the impact of the development upon the residential amenity of the neighbouring occupiers and the natural environment

2.         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

3.         Any operational development forming part of this permission shall be carried out in accordance with the following approved plans and the details contained on them: 1015 05D and 115 04D.

            REASON To ensure the development is carried out in accordance with the approved plans.

4.         The use hereby permitted shall only be as a club house offering food, drinks and beverages on the premises only to the club’s members, associate members and their guests. Members and associate members of the club shall only be boat owners who berth their boats at Bridgemarsh Marina and occupiers of the caravans and holiday units at Bridgemarsh Marina.

            REASON To ensure the appropriate use of the site in the interests of protecting the amenities of adjacent occupiers, the natural environment and the highway safety in accordance with local policies S1, S7, S8, E5, D1, D2, N2, T1 and T2 of the approved Local Development Plan and national policies contained in the National Planning Policy Framework.

5.         The use of the club house hereby permitted shall only be carried out between 1 April and 30 September, inclusive, in any one year. Outside of this period the premises shall remain shut and the access walkways shall be removed to prevent immediate access to the barge.

            REASON To ensure the interests of protecting the natural environment in accordance with local policies S1, S7, S8, E5, D1, D2 and N2 of the approved Local Development Plan and national policies contained in the National Planning Policy Framework.

6.         An up to date register of visitors to the premises shall be kept at all times at the club house. The register shall contain the name of the person who visited the premises, their status in relation to the club, the name of the boat they own or visit at the marina or the address/name of the caravan or holiday unit they occupy in the marina, the date and time they visited the premises and the time they left the premises. Electronic copies of the register shall be sent to the Local Planning Authority on the last day of every calendar month the premises have operated. The register shall be made immediately available on the premises at any time to the Local Planning Authority for inspection.

            REASON To ensure the appropriate use of the site in the interests of protecting the amenities of adjacent occupiers, the natural environment and the highway safety in accordance with local policies S1, S7, S8, E5, D1, D2, N2, T1 and T2 of the approved Local Development Plan and national policies contained in the National Planning Policy Framework.

7.         The premises hereby permitted to be used as a club house shall not be open to customers outside of 11:00 hours and 20:00 hours every day. No customers shall be presented on the premises outside the permitted hours.

            REASON To ensure the appropriate use of the site in the interests of protecting the amenities of adjacent occupiers, the natural environment and the highway safety in accordance with local policies S1, S7, S8, E5, D1, D2, N2, T1 and T2 of the approved Local Development Plan and national policies contained in the National Planning Policy Framework.

8.         Deliveries to and collections from the site shall only be undertaken between 08:00 hours and 18:00 hours on weekdays and between 08:00 hours and 13:00 hours on Saturdays and not at any time on Sundays and Public Holidays. REASON To ensure the appropriate use of the site in the interests of protecting the amenities of adjacent occupiers, the natural environment and the highway safety in accordance with local policies S1, S7, S8, E5, D1, D2, N2, T1 and T2 of the approved Local Development Plan and national policies contained in the National Planning Policy Framework.

9.         Notwithstanding the submitted details, no external seating shall be provided on the application site.

            REASON To ensure the appropriate use of the site in the interests of protecting the amenities of adjacent occupiers, the natural environment and the character and appearance of the area in accordance with local policies S1, S7, S8, E5, D1, D2 and N2 of the approved Local Development Plan and national policies contained in the National Planning Policy Framework.

10.       No amplified music or sound shall be played on site in perpetuity.

            REASON To ensure the appropriate use of the site in the interests of protecting the amenities of adjacent occupiers and the natural environment in accordance with local policies S1, S7, S8, E5, D1, D2 and N2 of the approved Local Development Plan and national policies contained in the National Planning Policy Framework.

11.       Notwithstanding the submitted details, no external storage of any items and paraphernalia associated with the use hereby permitted shall be carried out outside the barge.

            REASON To ensure the appropriate use of the site in the interests of protecting the character and appearance of the area in accordance with local policies S1, S7, S8, E5 and D1 of the approved Local Development Plan and national policies contained in the National Planning Policy Framework.

12.       The public footpath crossing the access to the application site shall be kept free from obstructions at all times.

            REASON In the interest of public rights of way and highway safety in accordance with local policies T1 and T2 of the approved Local Development Plan and national policies contained in the National Planning Policy Framework.

13.       The use hereby permitted shall not commence or be open for customers unless a foul water drainage scheme to serve the club house has been submitted to and approved by the Local Planning Authority and the scheme has been implemented in accordance with the approved details. The foul water drainage arrangements shall be kept as implemented in perpetuity.

            REASON To ensure the interests of protecting the natural environment in accordance with local policies S1, S7, S8, E5, D1, D2 and N2 of the approved Local Development Plan and national policies contained in the National Planning Policy Framework.

14.       The use hereby permitted shall not commence or be open for customers unless a scheme for the storage and removal of waste and recyclables to serve the club house has been submitted to and approved by the Local Planning Authority and the scheme has been implemented in accordance with the approved details. The storage and removal of waste and recyclables shall be kept as implemented in perpetuity.

            REASON To ensure the appropriate use of the site in the interests of protecting the amenities of adjacent occupiers, the natural environment and the character and appearance of the area in accordance with local policies S1, S7, S8, E5, D1, D2 and N2 of the approved Local Development Plan and national policies contained in the National Planning Policy Framework.

15.       Notwithstanding the submitted details, no external illumination shall be installed or operated within the application site unless it is in accordance with a scheme that has been submitted and approved in writing by the Local Planning Authority. Any approved external illumination shall be turned off within 60 minutes from the end of the hours customers are allowed to be on the premises as per condition 6.

            REASON To ensure the appropriate use of the site in the interests of protecting the amenities of adjacent occupiers, the natural environment and the character and appearance of the area in accordance with local policies S1, S7, S8, E5, D1, D2 and N2 of the approved Local Development Plan and national policies contained in the National Planning Policy Framework.

16.       No cooking of food shall occur at the site until full details of equipment to be installed for the extraction and control of fumes and odours, including details of noise and vibration attenuation together with a maintenance schedule for the future operation of  that equipment have been submitted to and approved in writing by the local planning authority. The scheme shall also be in accordance with current guidance from DEFRA and the Heating and Ventilating Contractors’ Association (HVCA) For Kitchen Ventilation Systems. The use hereby permitted shall not take place other than in accordance with these approved details.

            REASON To ensure the appropriate use of the site in the interests of protecting the amenities of adjacent occupiers, the natural environment and the character and appearance of the area in accordance with local policies S1, S7, S8, E5, D1, D2 and N2 of the approved Local Development Plan and national policies contained in the National Planning Policy Framework.

17.       No extraction or ventilation equipment, vents, air conditioning units or similar plant equipment shall be installed or fitted to any external part of the barge except in accordance with a scheme to be submitted to and approved in writing by the local planning authority. The scheme as approved and installed shall be retained as such thereafter.

            REASON To ensure the appropriate use of the site in the interests of protecting the amenities of adjacent occupiers, the natural environment and the character and appearance of the area in accordance with local policies S1, S7, S8, E5, D1, D2 and N2 of the approved Local Development Plan and national policies contained in the National Planning Policy Framework.

 

 

 

 

Councillor A L Hull returned to the Chamber

 

 

Supporting documents: