Agenda and minutes

The Chairman drew attention to the list of notices published on the back of the agenda.

Apologies for absence were received from Councillor Mrs P A Channer CC.

To confirm the Minutes of the meeting of the Committee held on 3 April 2017, (copy enclosed).

RESOLVED

(i)                 That the Minutes of the meeting of the Committee held on 3 April 2017 be received;

Minute number 1144 – OUT/MAL/17/00137 – Land North of 29 Green Trees Avenue, Cold Norton

There was a typographical error in the last paragraph and the word “REFUSED” should be substituted for the word “REFUSAL”.

(ii)        That subject to the above amendment the Minutes of the meeting of the     Committee held on 3 April 2017 be confirmed.

To disclose the existence and nature of any Disclosable Pecuniary Interests, other Pecuniary Interests or Non-Pecuniary Interests relating to items of business on the agenda having regard to paragraphs 6-8 inclusive of the Code of Conduct for Members.

(Members are reminded that they are also required to disclose any such interests as soon as they become aware should the need arise throughout the meeting).

Councillor J V Keyes declared an interest as he sat on Great Totham Parish Council.

Councillor Mrs M E Thompson declared an interest as she sat on Tolleshunt Knights Parish Council.

The Committee received the reports of the Director of Planning and Regulatory Services and determined the following planning applications, having taken into account all representations and consultation replies received, including those listed on the Members’ Update circulated at the meeting.

Following the Officer’s presentation of the report, David Gladman, an objector and Ian Wardrop, a Parish Councillor, addressed the Committee.

There was a proposal in the name of Councillor H M Bass to refuse the application in line with the Officer’s recommendation with the additional reasons of XXX, this was put to the meeting and agreed.

RESOLVED that this application be REFUSED for the following reasons:

1.      The application site is in a rural location outside of the defined settlement boundary for Wickham Bishops where policies of restraint apply.  The Council can demonstrate a five year housing land supply to accord with the requirements of the National Planning Policy Framework.  The site has not been identified by the Council for development to meet future needs for the District and does not fall within either a Garden Suburb or Strategic Allocation for growth identified within the Local Development Plan to meet the objectively assessed needs for housing in the District.  It is considered the proposed development would fundamentally alter the open character, on the north eastern edge of Wickham Bishops.  If approved, the site would be poorly connected with the existing village, would be out of keeping with the existing pattern of development and urban grain thus failing to protect and enhance to the character and appearance of the rural area.  Furthermore, the built form would have an urbanising effect on the rural character of the area and would result in an unwelcome visual intrusion into the undeveloped countryside, contrary to policies S2, H1, BE1, CC6, CC7 and T2 of the adopted Maldon District Replacement Local Plan, policies S1, S8, D1, H4, N2 and T2 of the Maldon District Local Development Plan and the guidance and provisions of the National Planning Policy Framework.

2.       In the Council's Strategic Housing Market Assessment (SHMA), it identifies that there is a need for a higher proportion of two bedroom units to create a better housing offer an address the increasing need for smaller properties due to demographic and household formation change.  Policy H2 of the Maldon District Local Development Plan which when read alongside the evidence base from the Strategic Housing Market Assessment (SHMA), shows an unbalanced high number of dwellings of three or more bedrooms, with less than half the national average for one and two bedroom units. The Council is therefore encouraged to provide a greater proportion of smaller units to meet the identified needs and demands of the District.  In this instance, the development proposal would fail to meet the local need and mix as set out in the Strategic Housing Market Assessment (SHMA) for the District thus failing to  ...  view the full minutes text for item 56.

Following the Officer’s presentation of the report, a question was raised about whether the posts for the fence would be concrete or timber. It was agreed by the committee to approve the application in line with the Officer’s recommendation with the added condition of the posts for the fence to be timber.

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

1.                  The development hereby permitted shall be carried out in complete accordance with approved drawing:  2952:01, 265:032/2

2.                  The external surfaces of the development hereby approved shall be constructed of materials and finish as detailed within the application.

3.                  The fence to the eastern boundary hereby approved shall be constructed wholly of timber and will be retained as such thereafter.

Following the Officer’s presentation of the report, a question was raised about a demolition condition being added. It was agreed by the committee to approve the application in line with the Officer’s recommendation with the added condition of demolition.

RESOLVED that this 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 complete accordance with drawings referenced 1378 03 and 1378 04, specifically referenced on this decision notice.

3.         No development shall take place until written details or samples of all materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority. The development shall be carried out using the materials and details as approved.

4.         Prior to the commencement of the development details of the surface water drainage scheme to serve the development shall be 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 shall be retained at all times thereafter.  The scheme shall ensure that for a minimum, run-off from the site is limited to greenfield rates for a storm event that has a 100% chance of occurring each year (1 in 1 year event).  The development should be able to manage water on site for 1 in 100 year events plus 40% climate change allowance.

5.         Prior to the commencement of the development details of the foul 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.

6.         Prior to the first occupation of the development hereby permitted, the vehicular access shall be constructed at right angles to the existing carriageway.  The width of the driveway at its junction with the highway boundary shall be not less than 3.7 metres and shall be provided with an appropriate dropped kerb vehicular crossing of the highway verge.

7.         No unbound material shall be used in the surface treatment of the vehicular access within 6m of the highway boundary.

8.         Any gates provided at the vehicular access shall be inward opening only and shall be set back a minimum of 6 metres from the back edge of the carriageway.

9.         No development shall commence until details of the siting, height, design and materials of the treatment of all boundaries including gates, fences, walls, railings and piers have been  ...  view the full minutes text for item 58.

Following the Officer’s presentation of the report, a question was raised about a whether a condition should be added to include removal of business buildings prior to a residential dwelling being built. It was agreed by the committee to approve the application in line with the Officer’s recommendation with the added condition of prior removal of business buildings.

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

1.         The development shall be carried out in accordance with plans and particulars relating to the layout, scale, appearance, the means of access to the site and the landscaping of the site (hereinafter called "the reserved matters"), for which approval shall be obtained from the local planning authority in writing before any development is begun. The development shall be carried out fully in accordance with the details as approved.

2.         Application for the approval of the reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission.

3.         The development hereby permitted shall be begun within two years from the date of the final approval of the reserved matters. The development shall be carried out as approved.

4.         As part of the Reserved Matters written details or samples of all materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority. The development shall be carried out using the materials and details as approved.

5.         As part of the Reserved Matters details of the siting, height, design and materials of the treatment of all boundaries including gates, fences, walls, railings and piers have been submitted to and approved in writing by the local planning authority. The boundary treatment as approved shall be constructed prior to the first use/occupation of the development to which it relates and be retained as such thereafter.

6.         As part of the Reserved Matters full details of both hard and soft landscape works to be carried out have been submitted to and approved in writing by the local planning authority. These details shall include the layout of the hard landscaped areas with the materials and finishes to be used and details of the soft landscape works including schedules of shrubs and trees to be planted, noting the species, stock size, proposed numbers/densities and details of the planting scheme’s implementation, aftercare and maintenance programme. The hard landscape works shall be carried out as approved prior to the beneficial occupation of the development hereby approved unless otherwise first agreed in writing by the local  ...  view the full minutes text for item 59.

Following the Officer’s presentation of the report, a question was raised about adding a condition that the original sign be removed. The response form the Group Manager for Planning Services was that you cannot condition something to be removed when it legally shouldn’t be there.

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

1.                              The express consent hereby granted shall be for a period of 5 years beginning from the date hereof.

2.                              No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

3.                              No advertisement shall be sited or displayed so as to:

(a)        endanger persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or military)

(b)       obscure, or hinder the ready interpretation of, any traffic sign, railway signal or aid to navigation by water or air; or

(c)        hinder the operation of any device used for the purposes of security or surveillance or for the measuring the speed of any vehicle.

4.                  Any advertisement displayed, and any site used for the display of advertisements, shall be maintained in a condition that does not impair the visual amenity of the site.

5.                              Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a condition that does not endanger the public.

6.                              Where an advertisement is required under these Regulations to be removed, the site shall be left in a condition that does not endanger the public or impair visual amenity.

RESOLVED that this 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 complete accordance with the approved drawings specifically referenced on this decision notice.

3          No development shall take place until written details or samples of all materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority. The development shall be carried out using the materials and details as approved.

4          Prior to the commencement of the development a 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.

5          The development hereby permitted shall only be used for those purposes incidental to the use of the dwelling house ‘Orchard Cottage’ to which it relates.

6          The development hereby approved shall be carried out in strict accordance with the approved Flood Risk Assessment (FRA) prepared by Ken Rush Associates, referenced 14-5548 and dated January 2017 (Rev E) and the FRA Addendum dated March 2017 and the following mitigation measures detailed within the FRA:-

1.         Finished ground floor levels are set no lower than 7.48 metres above Ordnance Datum (AOD).

2.         The compensatory storage scheme involving the removal of the raised bund and the extension of the ditch shall be completed prior to completion of the proposed development.

The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

Following the Officer’s presentation of the report, a question was raised about the need for obscure glass in all the windows. It was agreed by the committee to approve the application in line with the Officer’s recommendation with the amendment to the condition regarding the obscure glass.

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

1.      The development hereby permitted shall be carried out in complete accordance with the approved drawings which are attached to and form part of this permission.

2.      Prior to the first occupation of the development hereby permitted, the windows on the north facing elevation and roof slope shall be obscure glazed with opaque glass and retained as such thereafter.

3.      No gates or fencing shall be erected within or around the application site unless otherwise agreed in writing with the Local Planning Authority.

4.      The existing hedgerow shall be retained to the entire front (west) and side (south) of the application site in perpetuity.

5.      Prior to the beneficial occupation of the development hereby approved, the hard landscape works shall be carried out in complete accordance with the approved drawing RA223/14/11 dated September 2015 which was submitted and approved under application 16/05027/DET. Within the first available planting season (October to March inclusive) prior to the beneficial occupation of the development hereby approved, the soft landscape works shall be carried out in complete accordance with the approved drawing RA223/14/11 dated September 2015 which was submitted and approved under application 16/05027/DET. If within a period of five years from the date of the planting of any tree or plant that 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.

6.      Prior to the first occupation of the development the surface water drainage scheme to serve the development shall be implemented in accordance with the details and drawings contained in the approved Geo-Environmental Report referenced 1405/Rpt 1v1 dated April 2015 and the approved details on the email by D.J. Burton Associates received by the Council on 18^th March 2016, both of which were submitted and approved under application 16/05027/DET.

7.      Prior to the first occupation of the development the foul drainage scheme to serve the development shall be implemented in accordance with  ...  view the full minutes text for item 62.

Following the Officer’s presentation of the report, Heather Allan, an objector, Cliff Pullun, speaking on behalf of a Supporter and Peter Legrys, the Agent, addressed the Committee.

RESOLVED that this application be REFUSED for the following reasons:

1.                  The proposed dwelling at Plot 2, by virtue of its height, siting and proximity to No. 17 Barnhall Road would result in an overbearing and unneighbourly form of development that would impact the level of natural light and sunlight received by the windows on the rear (western) elevation of Barnhall Road, particularly those at the southern end of that elevation, resulting in an adverse effect on the living conditions of the occupiers of No. 17 Barnhall Road to an extent which would be unacceptable, contrary to the stipulations of policies BE1 and BE6 of the adopted Maldon District Replacement Local Plan, policy D1 of the emerging Local Development Plan and the guidance and provision as contained within the National Planning Policy Framework.

Following the Officer’s presentation of the report, there was some debate around the application with regards to the design and space on the site.

Councillor Miss S White proposed to approve this application, this proposal was not seconded.

It was agreed by the committee to refuse the application in line with the Officer’s recommendation with Members advising Officers to work closely with the applicant, as it was felt an application for a large extension designed correctly would be more appropriate.

RESOLVED that this application be REFUSED for the following reasons:

1.      The proposed development, due to its design, including its scale, bulk, siting and relationship with the existing dwelling would result in an incongruous and contrived form of development to the detriment of the character and appearance of the streetscene and the original dwelling contrary to saved policies BE1 and BE6 of the Replacement Local Plan, emerging policy D1 of the submitted Local Development Plan and guidance contained within the National Planning Policy Framework.

Councillors Miss S White and J P F Archer left the meeting at this point and did not return.

Following the Officer’s presentation of the report, there was some debate around whether or not there was a need to TPO this specific tree.

There was a proposal in the name of Councillor D M Sismey to not uphold the TPO and this was duly seconded by Councillor E L Bamford.

RESOLVED that this TPO not be confirmed for the following reasons:

(i)                  Appeals Lodged:

It was noted from the Agenda and Members’ Update that the following appeals had been lodged with the Planning Inspectorate:

Appeal Start Date: 04/04/2017

Application Number: FUL/MAL/16/01231 (APP/X1545/W/17/3169458)

Site: J A P Contracts The Old Dairy Broad Street Green Road Great Totham

Proposal: Extension to office building to form an attached live/work unit

Appeal by: Mr A Lawson

Appeal against: Refusal

Appeal procedure requested: Written Representations

Appeal Start Date: 13/04/2017

Application Number: FUL/MAL/16/00681 (APP/X1545/W/17/3171748)

Site: Little Orchard, Kitchener Road, North Fambridge, Essex, CM3 6NJ

Proposal: Demolition of existing bungalow & erection of replacement dwelling with associated parking.

Appeal by: Mr T Mitchell & Ms N Dunkley

Appeal against: Refusal

Appeal procedure requested: Written Representations

Appeal Start Date: 08/05/2017

Application Number: HOUSE/MAL/16/01449 (APP/X1545/D/17/3173096)

Site: 26 Walden House Road Great Totham

Proposal: Roof conversion and alterations to a domestic property.

Appeal by: Mr Tom Holmes

Appeal against: Refusal

Appeal procedure requested: Householder Appeals Service (HAS)

Appeal Start Date: 09/05/2017

Application Number: FUL/MAL/16/00265 (APP/X1545/W/17/3173125)

Site: Land Adjacent To Langford Waterworks - Hatfield Road - Langford

Proposal: Proposed application for the development of six detached dwellings with associated garage & parking and access road (formerly consented for four detached dwellings - consent has been implemented)

Appeal by: Sunbury Developments LLP

Appeal against: Refusal

Appeal procedure requested: Written Representations

Appeal Start Date: 11 May 2017 

Application Number: FUL/MAL/16/01267 (APP/X1545/W/17/3169727)

Site: Land Rear Of 18 Prince Of Wales Road Great Totham

Proposal: Demolition of existing rear single garage. Construction of a 2 bedroom bungalow with a flat green roof over.

Appeal by: Mr Jamie Hunter

Appeal against: Refusal

Appeal procedure requested: Written Representation

(ii)                Appeal Decisions:

It was noted from the agenda and Members’ Update that the following appeal decisions had been received from the Planning Inspectorate. 

FUL/MAL/15/01200 (Appeal Ref: APP/X1545/W/16/3154913)

Proposal: Replace existing B1 industrial building with proposed children's day nursery and one dwelling

Address: J A P Contracts - The Old Dairy - Broad Street Green Road - Great Totham

APPEAL DISMISSED – 11 April 2017

THE APPLICATION MADE BY THE APPELLANT FOR THE PARTIAL AWARD OF COSTS AGAINST THE COUNCIL - REFUSED

THE APPLICATION MADE BY THE COUNCIL FOR THE PARTIAL AWARD OF COSTS AGAINST THE APPELANT - REFUSED

DECISION LEVEL: Delegated

FUL/MAL/15/01200 (Appeal Ref: APP/X1545/W/16/3162966)

Proposal: One dwelling

Address: Land North Of Poplar Grove Chase - Great Totham

APPEAL DISMISSED – 11 April 2017

THE APPLICATION MADE BY THE APPELLANT FOR THE PARTIAL AWARD OF COSTS AGAINST THE COUNCIL - REFUSED

THE APPLICATION MADE BY THE COUNCIL FOR THE PARTIAL AWARD OF COSTS AGAINST THE APPELANT - REFUSED

DECISION LEVEL: Delegated

FUL/MAL/16/00460 (APP/X1545/W/16/3163932)

Proposal: Erection of nine dwellings, creation of new accesses to Goat Lodge Road and Staplers Heath, estate roads, garages and car spaces, foul and surface water drainage and landscaping.

Address: Land At Goat Lodge Road Great Totham

Decision Level: Delegated

APPEAL DISMISSED – 28 April 2017

FUL/MAL/15/00779 (Appeal Ref: APP/X1545/W/16/3150701)

Proposal: Installation and operation of a solar farm and associated infrastructure, including  ...  view the full minutes text for item 63c