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 Councillors Mrs P A Channer CC, M F L Durham CC and D M Sismey.

To confirm the Minutes of the meeting of the Committee held on 4 September 2017 (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 4 September 2017 be approved and confirmed.

The Chairman drew Members attention to the Members’ Update circulated at the meeting.

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 a non-pecuniary interest as he sat on Great Totham Parish Council.

Councillor H M Bass declared a personal interest in relation to Agenda Item 6 - RES/MAL/17/00719 – Land East of Malone Cottage, Maypole Road, Wickham Bishops, Essex – as he lived on the same road.  In the interests of openness and transparency he advised that Wickham Bishops Parish Council, of which he was a member, had contacted the developer and the agent to encourage them to bring plans forward to the Parish Council.  Councillor Bass had sought legal advice on this declaration and had been advised that this did not amount to pre-determination.  Councillor Bass did not vote at Wickham Bishops Parish Council meetings and attended the North Western Area Planning Committee at the Council with an open mind.

The Committee received the reports of the Chief Executive 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.

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

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

FUL/MAL/17/00702:

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 approved drawing:  A1237A/Block, A12372A/PP04A, A13380/GA/ A13380/BR02.

LBC/MAL/17/00703:

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 approved drawing: A1237A/Block, A12372A/PP04A, A13380/GA/ A13380/BR02.

3          Prior to the commencement of development, samples of brick, roof and ridge tile and weatherboard to be used in the construction shall be submitted to, and agreed in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved materials, and retained as such thereafter.

4          Details of any hard or soft landscaping associated with the extension hereby approved, shall be submitted to and agreed in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details and retained as such thereafter.

5          Brickwork shall be laid in Flemish bond unless otherwise agreed in writing prior to the commencement of the work.

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

Following the Officer’s presentation of the report, Mr I Wardrop representing Wickham Bishops Parish Council and Mr P Kratz, the Applicant’s legal representative, both addressed the Committee.

Members debated this application and were in agreement with the Officer’s recommendation.  However, the following issues were highlighted, in addition to any comments made in the Officer’s report:

·         There was no link between the houses on Maypole Road and Great Totham Road;

·         There would be difficulties crossing the road from the proposed dwellings for children going to and from school;

·         It was understood that the Government’s opinion was that affordable housing should not be segregated from open market housing as was shown here;

·         The Parish Council had done a market survey and there was no requirement for large houses;

·         There would be an impact on the adjacent Scout site;

·         The Council must be satisfied that there would be adequate replacement for any hedgerow removed to protect the street scene and provide the same amount of landscaping that is currently in place.

In response to a question on the types of housing to be offered, the Officer advised that policy H2 (housing mix) was not mentioned in the reasons for refusal as there was a housing mix within the site and Officers were focussing on scale, landscaping and appearance.

RESOLVED that this application be REFUSED for the following reason:

1                    Wickham Bishops is a settlement that is Arcadian in character with the landscape dominating the appearance of the village with existing development interspersed amongst the landscape.  The proposed development as a result of its poor layout, lack of permeability, site coverage, urban form, its unsympathetic design and appearance, the scale and bulk of the development, would lead to the creation of a cramped form of development resulting in an unacceptable impact on the character of the site and surrounding area.  The proposed development would be out of character with the distinctive Arcadian context of the surrounding area at this transitional position at this edge of a village location and nearby rural countryside landscape.  As such the proposal is contrary to policies S1, S8, D1 and H4 of the Maldon District Local Development Plan and Government advice contained within the National Planning Policy Framework.

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

Following the Officer’s presentation of the report, the Committee was advised that the Parish Council had objected to this application on landscape issues.  However, Councillor A K M St. Joseph, the Ward Member, had visited the site and was of the opinion that the proposed dwelling would not be intrusive as it was surrounded by trees and the houses behind the site were higher up.

In response to a question, the Officer advised that there was tree protection and an impact assessment that would protect trees.

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

1                    The development hereby permitted shall begin no later than three years from the date of this decision.

2                    The development shall be carried out in accordance with the following approved plans and documents: SITE LOCATION PLAN, 6032/SURVEY 2, 6032/3B, 6032/2A, Arboricultural Impact Assessment dated 24 August 2017 and referenced 352, PROPOSED FINISHES document received by the Council on 23 June 2017.

3                    Within three months following the first occupation or connection to utility services, whichever is the sooner, of the dwelling hereby approved the existing dwelling on the site shall be demolished and the resulting material removed from the site.

4                    The external surfaces of the dwellinghouse hereby permitted shall be constructed of the materials specified on the PROPOSED FINISHES document received by the Council on 23 June 2017.

5                    Notwithstanding the hard and soft landscape scheme shown on drawing number 6032/3B, full details of the provision and subsequent retention of both hard and soft landscape works on the site shall be submitted to and approved in writing by the Local Planning Authority.  These details shall include:

Soft landscape works:

1)         Details of proposed schedules of species of trees and shrubs to be planted, planting layouts with stock sizes and planting numbers / densities.

2)         Details of the planting scheme implementation programme, including ground protection and preparation, weed clearance, stock sizes, seeding rates, planting methods, mulching, plant protection, staking and/or other support.

3)         Details of the aftercare and maintenance programme.

The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the commencement of the development unless otherwise agreed in writing by the Local Planning Authority.  If within a period of five years from the date of the planting of any 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  ...  view the full minutes text for item 484.

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

Following the Officer’s presentation of the report, Mr D Lai, the Applicant, addressed the Committee.

In response to a question, the Officer showed the location of buildings on the plan to clarify the relation between the application site and the building immediately adjacent that had a certificate for lawful use for continued occupation.  The Officer also confirmed that if permission were granted for this application then there would be three independently owned dwellings on this site.

Councillor A K M St. Joseph, the Ward Member, proposed approval of the Officer’s recommendation and this was duly seconded.

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

1          The development shall be carried out in accordance with the following approved plans and documents: 1706/2/001 R-B, 1706/2/002, 1706/2/003 R-A, 1706/2/100 R-C, 1706/2/210 R-C.

2          The external surfaces of the dwellinghouse hereby permitted shall be constructed of the materials specified on drawing 1706/2/100 R-C and match those already used on the building.

3          The building shall not be occupied as a dwellinghouse unless a scheme for the proposed hedgerow shown on approved plan 1706/2/003 R-A including the size and nursery stock of the proposed specimens and a timetable for its implementation has been submitted to and approved in writing by the Local Planning Authority.

The hedgerow shall be planted within the first available planting season (October to March inclusive) following the approval of the scheme, in accordance with the approved details and retained in perpetuity.

If within five years of the planting of the hedge any plant is removed, uprooted, destroyed or dies another plant of the same species and size shall be planted in the first available planting season, unless the local planning authority gives written consent to any variation.

4          The building shall not be occupied as a dwellinghouse until such time as the vehicle parking area indicated on the approved plans underneath the balcony/car port structure, including any parking spaces for the mobility impaired, has been hard surfaced, sealed and marked out in parking bays.  The vehicle parking area(s) shall be retained in this form at all times.  The vehicle parking area(s) shall not be used for any purpose other than the parking of vehicles that are related to the use of the approved development.

5          Prior to the first occupation of the building as a dwellinghouse, an assessment of the risks posed by any contamination, carried out in accordance with British Standard BS 10175: Investigation of potentially contaminated sites – Code of Practice and the Environment Agency’s Model Procedures for the Management  ...  view the full minutes text for item 485.

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

Councillor E L Bamford, a Ward Member, commented that this was a much better scheme than that which had been previously refused and the Parish Council were also happy with the new application.  Councillor Bamford then proposed approval of this application, which was duly seconded.

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 approved drawing:  17-2302-1B, 17-2302-1D.

3          The external surfaces of the development hereby approved shall be constructed of materials and finish to match the existing dwelling.

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

(i)        Appeals Lodged

(ii)       Appeal Decisions

(iii)      Appeal Re-Determination

(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: 20/09/2017

Application Number: LDP/MAL/17/00004 (APP/X1545/X/17/3176124)

Site: Orchard Cottage 11 Handleys Lane Wickham Bishops

Proposal: The erection of a detached pitched roof building

Appeal by: Mrs J Stafford

Appeal against: Refusal

Appeal procedure requested: Written Representation

Appeal Start Date: 21/09/2017 

Enforcement Notice Reference Number: ENF/12/00332/01

Appeal Reference Number: APP/X1545/C/17/3175549

Site: Lot 13, Land West Of Middle Wood, Maypole Road, Great Totham, Essex

Alleged Breach of Planning Control: Without planning permission the unauthorised change of use.

Appeal by: Wayne Alfred Phillips

Grounds of Appeal: that the breach of control alleged in the enforcement notice has not occurred as a matter of fact, that there has not been a breach of planning control, the steps required to comply with the requirements of the notice are excessive, and lesser steps would overcome the objections, that the time given to comply with the notice is too short.

Appeal procedure requested: Informal Hearing

Appeal Start Date: 27/09/2017

Application Number: FUL/MAL/16/01142 (APP/X1545/W/17/3182321)

Site:Stow Maries Aerodrome Hackmans Lane Cold Norton

Proposal: Planning application for operational arrangements for the use of the Airfield at Stow Maries Great War Aerodrome including hours of operation, restrictions on the number of take offs and landings, and arrangements for Special Public Event days.  The arrangements to be as follows:

The airstrip to be used by fixed wing and propeller driven aircraft, helicopters, apart from emergency services machines, may only use the site in the event of emergency or during Public Event days

Take offs and landings only after 08.00 hours and no later than either 20.00 hours, or sunset which ever is earlier

In the Winter months (November to April inclusive) there shall be no more than 25 landings and 25 take offs per day

In the Summer months (May to October inclusive) there shall be no more than 25 landings and 25 take offs on weekdays

In the Summer months (May to October inclusive) there shall be a maximum of 50 landings and take offs per day at weekends and bank holidays apart from Special Public Event Flying days when maximum landings and take offs are increased to 75 take offs and 75 landings per day

Appeal by: The Trustees - Stow Maries Great War Aerodrome Trust

Appeal against: Refusal

Appeal procedure requested: Written Representations

Appeal Start Date: 28/09/2017

Application Number: OUT/MAL/17/00102 (APP/X1545/W/17/3179881)

Site: Land Adj to Eagle Lodge Plains Road Lt Totham

Proposal: Construction of two storey dwelling

Appeal by: Mr Michael Kempen           

Appeal against: Refusal

Appeal procedure requested: Written Representations

(i)                 Appeal Decisions:

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

COUPA/MAL/17/00232 (Appeal Ref: APP/X1545/W/17/3176062)

Proposal: Prior approval of change of use from agricultural to a dwellinghouse and associated operational development.

Address: Land Adjacent Purleigh Law - Walton Hall Lane - Purleigh

APPEAL ALLOWED– 4  ...  view the full minutes text for item 487.