Agenda item

FUL/MAL/19/00465 - Chartwell, 129 Maldon Road, Burnham-on-Crouch, Essex, CM0 8DB

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



Application Number



Chartwell, 120 Maldon Road, Burnham-On-Crouch, Essex, CM0 8DB


Change of use from Class C3 dwellinghouse to a residential children's home Class C2 (residential institution).


Mr Frederik Booysen - PSS Care Group


Miss Nichola Brown - PSS Care Group

Target Decision Date

28.06.2019 (Extension of time agreed until 19.07.2019)

Case Officer

Anna Tastsoglou



Reason for Referral to the Committee / Council

Member Call In

Cllr Stamp has requested the application to be presented before Members of the South Eastern Area Planning Committee on the grounds of public interest.


A Members’ Update was submitted detailing an additional letter of objection.


Following the Officer’s presentation, Janice Overall, an Objector and the Agent, Nichola Brown, addressed the Committee.


A debate ensued where the issue of temporary permission with an annual review was discussed. The Lead Specialist Place advised that the issue of temporary consent had been addressed in the report. The application had been assessed against the development plan, found to be acceptable therefore it would be inappropriate to apply a temporary consent. A further consideration was the financial burden on the applicant. He suggested it would be better to refuse or grant permission.


Cllr Fluker, whilst acknowledging the Committee’s social responsibility, also expressed concern for the residents as the application was adjacent to existing residential properties. He proposed that given the potential large upfront costs, temporary permission for a 3-year period be granted. This would afford the applicant three years to recoup the costs and prove, beyond all reasonable doubt, that the facility could be delivered without any disruption to the community. This was seconded by Councillor Stamp.


Councillor Stamp further requested that it be noted, given the previous measured proposal, that the Committee was listening to residents and taking their concerns on board.


The Chairman put the Officer’s recommendation to approve, with the additional condition of a 3-year temporary consent from date of opening, to the Committee. Upon a vote being taken this was agreed.


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 children’s home, 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 children’s home hereby permitted shall cease three years 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, the parking provision and the character of the area.

2.                       The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

REASON To comply with Section 91(1) of The Town & Country Planning Act 1990 (as amended).

3.              The development hereby permitted shall be carried out in complete accordance with approved drawings: Location Plan and Block Plan.

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

4.              The development hereby approved shall only be used as a children’s home and for no other use within Use Class C2 of the Town and Country Planning (Use Classes) Order 1987 (as amended) unless otherwise agreed in writing by the local planning authority.

REASON To protect the amenities of the area in accordance with policy D1 of the approved Maldon District Local Development Plan and the guidance contained in the Maldon District Design Guide SPD.

5.              Details of a cycle stores shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the development. The development shall be implemented in accordance with the approved details and be retained as such in perpetuity thereafter.

REASON To ensure that adequate bicycle parking and refuse facilities are proposed in accordance with policies D1 and T2 of the approved Local Development Plan and the guidance contained in the Maldon District Design Guide SPD.

Supporting documents: