Agenda and minutes

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

The Chairman adjourned the meeting at 19:32 to enable Members to read through the second Members’ Update which had only been issued shortly before the meeting commenced.

Members asked various questions relating to this Members’ Update and the Group manager for Planning Services advised that he would take Members through this after the Officer had presented the report.

The meeting reconvened at 19:39.

Apologies for absence were received from Councillors J V Keyes and Miss S White.

To confirm the Minutes of the meeting of the Committee held on 15 May 2017, (copy enclosed).

RESOLVED

(i)              That the Minutes of the meeting of the Committee held on 15 May 2017 be received:

Minute number 65 – TPO 11/16 – 83 East Street, Tollesbury

It was agreed that the decision should have read that it be resolved that this Tree Preservation Order be not confirmed and that this decision be notified to the owner and objector accordingly. 

RESOLVED

(ii)            That subject to the above amendment the Minutes of the meeting of the Committee held on 15 May 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 P F Archer declared a non-pecuniary interest in Agenda Item 5 – FUL/MAL/16/01142 – Stow Maries Aerodrome, Hackmans Lane, Cold Norton, Essex – as planes fly across his house.

Councillor Mrs P A Channer, CC declared a non-pecuniary interest in the following Agenda Items, as she was also a Member of Essex County Council who was consulted on highways, access, education and other matters:

·                 Agenda Item 5 - FUL/MAL/16/01142 – Stow Maries Aerodrome, Hackmans Lane, Cold Norton, Essex;

·                 Agenda Item 6 - FUL/MAL/16/01143 – Stow Maries Aerodrome, Hackmans Lane, Cold Norton, Essex;

·                 Agenda Item 7 - HOUSE/MAL/17/00346 – Leys Manor, Langford Road, Wickham Bishops, Essex CM8 3JQ;

·                 Agenda Item 8 - OUT/MAL/17/00364 – Rear of Strawberry Lane, Tolleshunt Knights, Essex; and

·                 Agenda Item 9 - FUL/MAL/17/00389 – Land Adjacent Park House, Wickham Hall Lane, Wickham Bishops.

Councillor Channer also declared a non-pecuniary interest in relation to Agenda Item 5 – FUL/MAL/16/01142 – Stow Maries Aerodrome, Hackmans Lane, Cold Norton, Essex as both Maldon District Council and Essex County Council (for whom she was divisional member for Maldon) had given funding to Stow Maries Aerodrome.  Furthermore, she had attended events at Stow Maries Aerodrome and she also knew the Trustees and some Objectors.

Councillor A K M St. Joseph made the following declarations:

·                 In relation to Agenda Item 5 – FUL/MAL/16/01142 – Stow Maries Aerodrome, Hackmans Lane, Cold Norton, Essex – he declared a non-pecuniary interest as he knew some of the Objectors; and

·                 Agenda Item 8 - OUT/MAL/17/00364 – Rear of Strawberry Lane, Tolleshunt Knights, Essex – he declared a non-pecuniary interest as he knew the Applicant.

Councillor M F L Durham, CC declared the same non-pecuniary interests as Councillor Mrs P A Channer, CC as he was also a Member of Essex County Council.

Councillor Mrs M E Thompson declared a non-pecuniary interest  in the latter application as she was a Member of Tolleshunt Knights Parish Council.

To consider the planning application and recommendations of the Chief Executive (copy enclosed, Members’ Update to be circulated)*.

The Officer presented the report of the Chief Executive on this planning application in conjunction with the report for Agenda Item 6 and the Group Manager for Planning Services advised Members that the second Members’ Update produced did not add any additional information.  It had been produced to clarify the report to Members and should be read in conjunction with it.  In particular, the second Members’ Update:

·       Listed all proposed conditions and not just those that had been amended;

·               Highlighted the maximum amount of take-offs and landings;

·               Highlighted that the site was already an aerodrome;

·               Clarified that a maximum of 12 movements (i.e. take-offs and landings) per day had originally been imposed.

He reminded Members that the scheme before them must be assessed on what it proposed and just because proposed movements would increase did not automatically mean that there was harm.  The Group Manager for Planning Services then read out paragraph 1.8 of the second Members’ Update for the benefit of Members which dealt with noise.

Mr P Brady, an Objector, of The Planning Law Practice, Wood End, 20 Oaklands Park, Bishops Stortford, Hertfordshire, Mr S Hollington from Stow Maries Parish Council and Mr T Matthews, the Agent, then all addressed the Committee.

Following this the Chairman asked the Environmental Health and Licensing Manager to explain the law on noise.

The Environmental Health and Licensing Manager advised that noise was an important and emotive part of airfield planning applications and, once permission had been granted, then noise would fall outside the scope of statutory nuisance which would mean  ...  view the full minutes text for item 120.

To consider the planning application and recommendations of the Chief Executive (copy enclosed, Members’ Update to be circulated)*.

This application was heard in conjunction with Agenda Item 5 – FUL/MAL/16/001142 – Stow Maries Aerodrome, Hackmans Lane, Cold Norton, Essex above and it was RESOLVED that it would be referred to full Council for determination.

The Chairman adjourned the meeting at 20:43 to allow members of the public to leave the Council Chamber.

The meeting reconvened at 20:49.

To consider the planning application and recommendations of the Chief Executive (copy enclosed, Members’ Update to be circulated)*.

The Committee considered the report of the Chief Executive on this planning application.  Following the Officer’s presentation of the report, Mrs J Jarvis, the Applicant, addressed the Committee.

Councillor H M Bass, a Ward Member, was of the opinion that there was nothing wrong with this proposal and that it was in keeping with the style of the house.  The piers were quite a long way back from the carriageway.  Councillor Bass proposed that this application be approved contrary to the Officers’ recommendation.  This proposal was duly seconded.

Members considered that there were similar styles of entrance in the vicinity and that in time the vegetation and trees planted would soften the appearance of the entrance. 

RESOLVED that this application be APPROVED.

To consider the planning application and recommendations of the Chief Executive (copy enclosed, Members’ Update to be circulated)*.

The Committee considered the report of the Chief Executive on this planning application.  Following the Officer’s presentation of the report, during which she advised Members that the Agent had requested deferral, the Chairman asked Members if they wished to take a vote on deferring this application.  Members declined to vote on deferral.

Mr M Porter of Tolleshunt Knights Parish Council then addressed the Committee.

Although this application would not have come to Committee under the parish trigger rule, the Chairman and Councillor E L Bamford, the Ward Members, had called this is as there were so many objections and they wanted to show support to the residents of Tolleshunt Knights.  In addition to the proposed reasons for refusal, there were problems with accessing the bus-stop as there were no pavements, the junction was considered to be dangerous and the density of houses proposed was considered to be out of keeping with the surrounding roads.

Councillor D M Sismey proposed that this should be determined by full Council to demonstrate the Council’s opposition to this type of speculative application.  This proposal was not seconded.  However, Members were of the opinion that their issues should be mentioned and both coalescence and lack of affordable housing were valid reasons for refusing this application.

Members considered that the Highways Authority had let the Council down on this and other applications and requested that the Essex County Council (ECC) Members who were also District Council Members speak to the Cabinet Member for Highways at ECC.  The respective ECC Members confirmed that they would do so.

The Group Manager for Planning Services advised Members that concern regarding the bus stop could not form a reason for refusal.  However, coalescence could be added as a further reason for refusal.  He also advised that if the Highways Authority did not raise an objection then it was difficult for the Council to use highways problems as a reason for refusal.  The Committee agreed to refuse the application as recommended by the Officers together with the additional reasons as identified above.

RESOLVED that this application be REFUSED for the following reasons:

1          At present, the application site prevents the coalescence of Tolleshunt Knights and Tiptree where it falls under the jurisdiction of Colchester Borough Council.  It is considered that the proposed development would fundamentally alter the open character of the north western edge of the village of Tolleshunt Knights, contrary to policies BE1, CC6 of the adopted Maldon District Replacement Local Plan, policies S1, S8, D1 of the Maldon District Local Development Plan and Government advice as contained within the National  ...  view the full minutes text for item 123.

To consider the planning application and recommendations of the Chief Executive (copy enclosed, Members’ Update to be circulated)*.

The Committee considered the report of the Chief Executive on this planning application.  Following the Officer’s presentation of the report, Mr S Rowe, the Agent, addressed the Committee.

Councillor H M Bass, a Ward Member, advised the Committee that he had called this application in.  Whilst he accepted the Officer’s reasons for refusal, this application did have green credentials and there were personal circumstances behind the application. 

Councillor D M Sismey was of the opinion that the Council should support the philosophy behind this application – i.e. a daughter moving back to the area and in to a large property and her mother moving in to a smaller property on the same land as the donor property.  He then proposed that this application be approved contrary to the Officers’ recommendation.  This was duly seconded.

The Group Manager for Planning Services advised that if Members were minded to approve this application, then he had concerns both about allowing a property in a garden and placing a dwelling at the rear of an existing dwelling.

Upon a vote, the motion failed.  Councillor H M Bass then proposed refusal of this application in accordance with the Officers’ recommendation.  This was duly seconded and agreed.

RESOLVED that this application be REFUSED for the following reasons:

1.         The provision of a dwelling on this site, would fail to protect or enhance the natural beauty, tranquility, amenity and traditional quality of the rural landscape setting by introducing unacceptable built form into the site that currently forms an integral part of, and contributes to, the rural quality of the area. The proposal would therefore fail to make a positive contribution to the locality and cause an unacceptable degree of harm to the character and appearance of the locality.  Furthermore, in the absence of an Arboricultural Impact Assessment, the Local Planning Authority is unable to fully consider the impact of the development upon existing trees within and adjacent to the site, contrary to policies S2, BE1, H1, CC6 and CC7 of the adopted Maldon District Replacement Local Plan, emerging policy S1, S8, H4, D1, D2 and N2 of the Local Development Plan and core planning principles and guidance contained in the National Planning Policy Framework.

2.         The site is not considered to be in a sustainable location. Therefore, the creation of new residential development, remote from community services and essential support facilities, would be contrary to the ‘presumption in favour of sustainable development’ contained in the National Planning Policy Framework and to policy S2 of the adopted Maldon  ...  view the full minutes text for item 124.

To consider the report of the Chief Executive on the following matters:

(i)                 Appeals Lodged;

(ii)               Appeal Decisions

(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: 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: 15/05/2017

Application Number: FUL/MAL/16/01044 (APP/X1545/W/17/3167028)

Site: Honeywood Farm, Honeypot Lane, Purleigh, Essex, CM3 6RT

Proposal: Removal of condition 3 (agricultural occupancy condition) on approved planning permission FUL/MAL/82/00003

Appeal by: Mr Adam Brown

Appeal against: Refusal

Appeal procedure requested: Informal Hearing

Appeal Start Date: 22/05/2017

Application Number: FUL/MAL/16/01404 (APP/X1545/W/17/3172133)

Site: Falconers Lodge Offices Oak Farm Road Woodham Walter

Proposal: Retrospective - Use of building as single dwelling house

Appeal by: Mr M Hanham

Appeal against: Refusal

Appeal procedure requested: Written Representations

(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/16/00782 (Appeal Ref: APP/X1545/W/16/3165877)

Proposal: Removal of Conditions 2 & 3 on approved application FUL/MAL/11/00531 allowed on appeal APP/X1545/A/11/2160940 (Change of use of existing rural building from stables to self contained holiday accommodation)

Address: The Barn, Mope Lane, Wickham Bishops, CM8 3JP

Decision Level: Committee overturned Officer recommendation to approve

FUL/MAL/16/00450 (Appeal Ref: APP/X1545/W/17/3166842)

Proposal: Removal of redundant agricultural barn to create one new dwelling

Address: Barn Attached To South Of Sewells Farm, Witham Road, Little Braxted, WITHAM, CM8 3ET

Decision Level: Committee asper Officer recommendation to refuse

APPEAL DISMISSED – 22 May 2017

WTPO/MAL/16/01354 (Appeal Ref: APP/TPO/6002)

Proposal: TPO 5/76 - T17 Oak -  Thin out new growth, remove dead, damaged branches and reduce the overall size (crown) by 30%

T13 & T14 Oak (back garden) Thin out new growth, remove dead/damaged branches and reduce the overall size (crown) by 30%.

Address: Heath House 13 Heathgate Wickham Bishops

Decision Level: Delegated

APPEAL DISMISSED – 31 May 2017

Enforcement Appeal Decisions:

ENF/15/00093/02 (Appeal Ref: APP/X1545/C/16/3161041)

Address: Tolleshunt Wood Within Chantry Wood Witham Road Wickham Bishops

Appeal Against: Without planning permission the unauthorised operational development to erect a building

APPEAL ALLOWED, THE ENFORCEMENT NOTICE IS QUASHED & PLANNING PERMISSION IS GRANTED ON THE APPLICATION DEEMED TO HAVE BEEN MADE UNDER SECTION 177(5) OF THE TOWN & COUNTRY PLANNING ACT 1990(AS AMENDED) FOR THE DEVELOPMENT ALREADY CARRIED OUT – 16 May 2017

APPLICATION FOR AWARD OF COSTS MADE BY APPELLANT AGAINST LPA -  REFUSED – 16 May 2017 (See costs decision A)

APPLICATION FOR AWARD OF COSTS MADE BY LPA AGAINST THE APPELLANT – PARTIAL AWARD ALLOWED IN RESPECT FOR GROUND C – 16 May 2017 (See costs decision B).

To nominate a Member to represent the North Western Area Planning Committee on the Local Area Highways Panel, as requested by the Council at its meeting on 11 May 2017.

RESOLVED that Councillor H M Bass be appointed as the representative for the North Western Area Planning Committee on the Maldon District Local Area Highways Panel.