Agenda and minutes

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

An apology for absence was received from Councillor D M Sismey.

To confirm the Minutes of the meeting of the Committee held on 2 October 2017 (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 2 October 2017 be approved and 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 the following:

·         A non-pecuniary interest as he was a Member of Great Totham Parish Council;

·         A non-pecuniary interest in relation to Agenda Item 10 – 17/01037 - Land Between 4 Oaktrees and Lee Cottages, The Street, Little Totham – as he knew the Applicant, had purchased items from him and had carried out haulage work for him.

Councillor M F L Durham, CC declared that he was also a Member of Essex County Council and declared a non-pecuniary interest in any items pertaining to it.

Councillor Mrs P A Channer, CC declared a non-pecuniary interest as she was also a Member of Essex County Council who was consulted on matters including education, highways and the Essex Design Guide.

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 a question was asked as to whether the proposal included any affordable housing.  The Officer advised that the threshold for affordable housing to be included was above 10 dwellings.

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          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 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.

5          No development shall take place until 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 planning authority. 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 first 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  ...  view the full minutes text for item 524.

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 P Messenger, the Agent, addressed the Committee.

Members were of the view that although the Parish Council did not support this application, the cart lodge was barely visible and was an attractive structure.  Moreover, the neighbours were in support of the application.

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

1          The building hereby permitted shall only be used for those purposes incidental to the use of the dwelling house to which it relates.

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 S Taylor, the Applicant, addressed the Committee.

Councillor M F L Durham, a Ward Member, proposed approval of this application in accordance with the Officer’s recommendation and this 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 the approved drawing TAYLOR 01/4, TAYLOR 01/3 and TAYLOR01/2.

3.                  The external surfaces of the building(s) shall be constructed of the materials specified on plan TAYLOR 01/4.

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

5.                  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.

6.                  The building hereby permitted shall only be used for those purposes incidental to the use of the dwelling house to which it relates.

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

RESOLVED that this application be APPROVED with no conditions.

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, Councillor Miss S White proposed that this application be approved in accordance with the Officer’s recommendation.  This 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 drawings LPS357 1.1, LPS357 1.2, LPS357 1.3, LPS357 1.4, LPS357 1.5, LPS357 1.6 AND Location Plan. 

3                    No development shall take place until details of the external finishing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details and be retained as such in perpetuity. 

4                    No development shall take place until details of the boundary treatment have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and be retained as such in perpetuity. 

5                    No works or development shall take place until 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 Planning Authority. 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 first 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 the Local Planning Authority gives its written consent to any variation.

6                    The existing hedgerows and trees along the northern and eastern boundaries of the application site shall  ...  view the full minutes text for item 528.

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, Members were concerned that the proposed dwelling was close to nos 1 and 2.  The Officer advised that the distance from the neighbouring properties was within acceptable limits.

Councillor J V Keyes proposed approval of this application in accordance with the Officer’s recommendation and this 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 accord with that shown on drawings No’s LOCATION PLAN, 1104/01A and 1104/02 and specifically referenced on this decision notice.

3.         Prior to the construction of the dwelling hereby approved written details and samples of the materials to be used in the construction of the external surfaces of the dwelling are to be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

4.                  Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking or re-enacting that Order) no garages, extensions or separate buildings (other than ancillary outbuildings not exceeding 10 cubic metres in volume) shall be erected within the site without planning permission having been obtained from the local planning authority.

5.                  Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking or re-enacting that Order) no dormer window or other form of addition or opening shall be constructed in the roof of the dwelling hereby permitted without planning permission having been obtained from the local planning authority.

6.         Prior to the commencement of the development details of the 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.

7.         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.

8.         The development hereby permitted shall not be first occupied/provided with connection to utility services until such time as the vehicle parking area indicated on the approved plans, 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  ...  view the full minutes text for item 529.

(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: 27/09/2017

Application Number: FUL/MAL/16/01447 (APP/X1545/W/17/3180005)

Site: Barn At Sheepcoates Farm Church Road Great Totham

Proposal: Conversion of agricultural building to residential (Class C3)

Appeal by: Mr D Clark

Appeal against: Refusal

Appeal procedure requested: Written representation

Appeal Start Date: 27/09/2017

Application Number: LBC/MAL/16/01448 (APP/X1545/Y/17/3180007)

Site: At Sheepcoates Farm Church Road Great Totham

Proposal: Conversion of agricultural building to residential (Class C3)

Appeal by: Mr D Clark

Appeal against: Refusal

Appeal procedure requested: Written representation

Appeal Start Date: 09/10/2017

Application Number: LDE/MAL/16/00844 (APP/X1545/X/17/3184314)

Site: 61 Broad Street Green Road Great Totham

Proposal: Claim for Lawful Development Certificate for existing use of independent residential dwelling

Appeal by: Mrs M Houlding

Appeal against: Refusal

Appeal procedure requested: Written Representations

Appeal Start Date: 24/10/2017

Application Number: HOUSE/MAL/17/00431 (APP/X1545/D/17/3183549)

Site: New Farm - Beckingham Street - Little Totham

Proposal: Detached garage and carport

Appeal by: Mr & Mrs J Renwick

Appeal against: Refusal

Appeal procedure requested: Householder Appeal Service (HAS)

(ii)               Appeal Decisions:

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

ENF/12/00332/01 (Appeal Ref: APP/X1545/C/17/3175549)

Address: 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.

Grounds of Appeal: that the breach of control alleged in the enforcement notice has not occurred as a matter of fact, that there has 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 WITHDRAWN – 3 October 2017

FUL/MAL/17/00349 (Appeal Ref: APP/X1545/W/17/3177523)

Proposal: Variation of conditions 6 and 7 on approved planning permission FUL/MAL/15/00439 (Change of use of existing agricultural poultry sheds to be used for the storage of reclaimed building materials)

Address: Poultry Sheds Moors Farm Moors Farm Chase Little Totham

APPEAL WITHDRAWN – 29 September 2017

COUPA/MAL/16/01384 (Appeal Ref: APP/X1545/W/17/3177356)

Proposal: Notification for prior approval for a proposed change of use of an agricultural building to 2 no. dwellinghouses (Class C3), and for associated operational development

Address: Outbuilding At Stockhall Farm - Hatfield Road - Ulting

APPEAL ALLOWED – 26 October 2017

DECISION LEVEL: Delegated