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 D M Sismey.

To confirm the Minutes of the meeting of the Committee held on 3 April 2018, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 03 April 2018 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 H M Bass disclosed a personal interest in Agenda Item 5 RES/MAL/17/01474 – Land East of Malone Cottage, Maypole Road, Wickham Bishops, as he lived in the same road.

Councillor P A Channer, CC, declared that she was also a member of Essex County Council and had a non-pecuniary interest in any item relating to highways, access, drainage, and education.

Councillor M F L Durham, CC, declared that he was also a member of Essex County Council and had a non-pecuniary interest in relation to any matter pertaining to that organisation.

To consider the planning application and recommendations of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

The Officer presented the report to the Committee and drew attention to the Members Update regarding the proposed affordable housing at the site was different to that previously agreed.

Following the Officers presentation, Parish Councillor Stephen Nicolas, Wickham Bishops Parish Council, addressed the Committee.

Members of the Committee voiced disappointment that there was not more housing within Wickham Bishops to accommodate elderly residents, but that their previous concerns relating to a footpath at the end of the gardens had been addressed.

A vote was taken on the Officers recommendation to approve, and was carried with seven votes in favour with one abstaining.

RESOLVED that this application be APPROVED, subject to the applicant entering a deed of variation to the legal agreements of the original outline planning permission and the following conditions:

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

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

2          The development hereby permitted shall accord with that shown on drawings No's 0998/ 01F, 02, 03A, 04, 05D, 07, 08A, 09T, 10C, 11, 13 and 14 which specifically referenced on this decision notice and which  forms part this permission. 

REASON: In order to ensure that the development is carried out in accordance with the approved details and in accordance with policy D1 of the Maldon District Local Development Plan.

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.

REASON: In order to ensure the external appearance of the development is appropriate to the locality in accordance with policy D1 of the Maldon District Local Development Plan.

4          All footways should be provided at no less than 2.0m in width.

REASON: To ensure that roads and footways are constructed to an acceptable standard, in the interests of highway safety and in accordance with Policy T2 of the Maldon District Local Development Plan. 

5          No development shall take place, including any ground works or works of demolition until a Construction Method Statement (CMS)  ...  view the full minutes text for item 59.

To consider the planning application and recommendations of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

The Officer presented the report to the Committee, and drew Members attention to the Member’s Update which refers to email correspondence between the Officers and Applicant on Conditions 12 and 18.

Following the Officers presentation, Mr Kevin Boden, an objector, Parish Councillor Lindsay Squire, North Fambridge Parish Council, an objector, and Mr Sean Martin, the Applicant, addressed the Committee.

The Development Management Team Leader addressed the Committee, advising that there was an error in the report, in that there was no onsite storage of foul waste.  This would be stored at the existing pumping station, which was considered satisfactory by Anglian Water.

Members from North Fambridge Ward raised concerns on access to the site via Crouch Road as part of the Construction Management Plan. 

There followed an extensive discussion regarding the disposal of foul waste at the site and the impact this would have on existing and future residents.  Members requested that it was noted that comments from Mr Vickery from the Planning Inspectorate supported this view.  Members were not satisfied that the addition of a storage tank for foul waste at the existing pumping station would resolve the current issue, and that it would not address the potential increase in waste disposal.

The Development Management Team Leader confirmed that there had been extensive consultations with Anglian Water, who were satisfied that that there was sufficient capacity to handle foul water generated by the development within the existing infrastructure, and that they were satisfied that the addition of 33 cubic meter capacity to the existing pumping station would be sufficient to accommodate the increase in waste.  Members were advised that while Anglian Water had recently started using the proposed system for flow control, it was currently being used at around 200 existing sites already.

The Development Management Team Leader pointed out that in Appendix 1, Agenda Item 7, DET/MAL/17/05154 – Land West of Fambridge Road, North Fambridge, correspondence received within the Appendix shows both sites have been jointly considered by Anglian Water Services and the Environment Agency.

Members  ...  view the full minutes text for item 60.

To consider the planning application and recommendations of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

The presentation of the report was given by the Principle Planning Officer.

Following the Officers presentation, Mr Kevin Boden, an objector; Parish Councillor Lindsay Squire, North Fambridge Parish Council, an objector, and Mr Sean Martin, the Applicant, addressed the Committee.

Members advised that it was difficult to consider DET/MAL/17/05154 and DET/MAL/17/05142 as separate applications when the main concerns are intrinsically linked by use of the same surface/foul water system, and when the statutory authorities consider the sites jointly in their correspondence.

Concern was raised by Members over the severe lighting of the site.  A discussion around the disposal of foul waste from the site took place.  Members were not satisfied that the addition of a storage tank for foul waste at the existing pumping station would resolve the current issue, and that it would not address the potential increase in waste disposal.  It was considered that tankerage was not an acceptable solution, and that an adequate capacity to handle and dispose of the foul/surface water was available to serve the development had not been demonstrated. 

Councillor Miss S White proposed a refusal to discharge conditions 12, 13, 17, 31, and 33 contrary to the Officers recommendation; this was duly seconded by Councillor J P F Archer and agreed.

RESOLVED

   (i).            that conditions 12, 13, 17, 31 and 33 as imposed on outline planning application OUT/MAL/14/01018 not be discharged as per the reasons detailed above.

 (ii).            that conditions 5, 6, 8, 9, 10, 14, 18, 19, 20, 21, 22, 23 and 24 as imposed on outline planning application OUT/MAL/14/01018 be discharged as per the Officers recommendation.

To consider the planning application and recommendations of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

The presentation of the report was given by the Development Management Team Leader.

Councillor Mrs P A Channer left the meeting at 21:09.

Members discussed that the current property on the site had structural and drainage problems, and was also a very dominant house on the street scene.  Members considered the design exciting for the district and stated that it was interesting, modern, and a vast improvement to the current building.

A vote was taken on the Officers recommendation to approve the application, and was carried with seven votes in favour.

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

2.                  The development herby permitted shall accord with that shown on drawing No's: HRB_CP, HRB_EX00_P_SP, HEB_EX01_P_LGF, HRB_EX02_P_GF, HRB_EX03_P_1F, HRB_EX04_P_2F, HRB_EX06_S_A-A REV A, HRB_EX07_S_B-B REV A, HRB_EX08_E_C-C REV A,  RB_EX09_E_DD REV A, HRB_EX10_E_E-E REV A, HRB_EX11_E_F-F REV A, HRB_EX12_E_G-G REV A, HRB_EX13_E_H-H REV A, HRB_EX14_E_GA REV A, MMX 207/1, MMX 207/2, HRB_PR00_P_SP, HRB_PR01_P_B, HRB_PR02_P_LGF, HRB_PR03_P_UGF, HRB_PR04_P_M, HRB_PR05_P_R, HRB_PR06_S_A-A,  RB_PR07_S_BB, HRB_PR08_S_C-C, HRB_PR10_S_E-E, HRB_PR11_S_F-F REV A, HRB_PE13_E_H-H REV A, HRB_PR14_E_J-J, HRB_PR15_E_K-K REV A, HRB_PR16_E_L-L, HRB_PR17_E_CY, HRB_SAB, HRB_SAG, HRB_SAL, HRB_SLP, HRB_TS, RB_01.1, RB_01.2, RB_01.3, RB_02.1, RB_02.2, RB_02.3, RB_02.4, RB_03.1, RB_03.2, RB_03.4, RB_04.1, RB_04.2A, RB_04.2B, RB_04.3, RB_04.3, RB_05.1, RB_05.3, RB_06.1, RB_06.2, RB_06.3, RB_07.1, RB_07.2 and RB_07.3.

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

3.                  Prior to the commencement of the development hereby approved, samples of all materials to be used in the external elevations of the buildings hereby approved shall be submitted to and approved in writing by the Local Planning Authority. Subsequently the development shall only be undertaken using the approved materials.
REASON: In the interest of the character and appearance of the area in accordance with policy D1 of the approved Local Development Plan and guidance contained within the National Planning Policy Framework.

4.                  No development shall take place until full details of both hard and soft landscape works to be carried out including details of a planting implementation scheme, aftercare and maintenance and replacement programme out have been submitted to the Local Planning Authority for approval in writing. The scheme shall also include details of the planting of hedges at the site boundaries. The landscape works shall be carried out in accordance with the approved details with soft landscape  ...  view the full minutes text for item 62.

To consider the planning application and recommendations of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

Members unanimously agreed to approve the application.

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

2.                  The development hereby permitted shall be carried out in accordance with the following approved plans and documents: Location Plan, Block Plan, EX 1, SK1, SK1 Det. Rev A, ELEV.1 Rev A, ELEV. 2 Rev A.
REASON: To ensure that the development is carried out in accordance with the details as approved.

3.                  The materials used in the construction of the development hereby approved shall be as set out within the application form/plans hereby approved.
REASON: In the interest of the character and appearance of the area in accordance with policy D1 of the approved Local Development Plan and guidance contained within the National Planning Policy Framework.

To resolve that under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the following item(s) of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 7 of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

RESOLVED that under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the following item(s) of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 7 of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

To receive and note the report of the Director of Planning and Regulatory Services (copy enclosed).

Members discussed whether it was possible to format the report so that all cases for a parish appeared together.

The Committee received and noted the quarterly update on enforcement cases affecting the Committee’s area. Some cases were discussed and the Enforcement Officer provided updates where requested to do so and advised Members of planned action to be taken.

Members thanked Officers for the report and the progress in cases that were being actioned.