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 E L Bamford, D M Sismey, and Mrs P A Channer, CC.

To confirm the Minutes of the meeting of the Committee held on 09 July 2018 (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 9 July 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 A K M St Joseph disclosed a pecuniary interest in Agenda Item 7 – DET/MAL/18/00674 – Observation Tower, Mell Road, Tollesbury, as the applicant.  He confirmed that he would leave the chamber for the duration of this item.

Councillor M F L Durham, CC as a Member of Essex County Council declared a non-pecuniary interest in all items.

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

The Committee received the Officers presentation.  The Development Management Team Leader advised Members that a tree protection plan and the Wickham Bishops Village Design Statement was considered by the Officer, however this had not been mentioned in the report.

Following the Officers presentation, the Committee heard from Mr David Pearl, an Objector, Parish Councillor Ian McGregor, and Mrs Linnette Brown, the applicant.

It was noted that the Deputy Monitoring Officer had been consulted for legal advise on the application.

In response to questions from Members, the Development Management Team Leader confirmed that the size of the building was noted under section 5.2.19 of the Officers report and that Condition 8 related to the protection of trees during the development.

Following a vote on the Officers recommendation, the application was approved with five votes in favour and one Member abstaining.

RESOLVED that the application be APPROVED in accordance with the Officers recommendation and subject to 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) of The Town & Country Planning Act 1990 (as amended).

2          Subject to the second paragraph of this condition, the development hereby permitted shall be carried out in complete accordance with the approved drawings Location Plan: 12.2005/M002 dated 10 January 2013; Site Layout / Block Plan Drawing No: 16.09.03 Revision B dated 27 February 2017; Proposed Floor and Roof Layout Plan Drawing No: 16.09.01 Revision A dated 3 February 2017; East ‘Street Scene’ Elevation Drawing No: 16.09.04 Revision A dated 4 February 2017; Proposed Elevations Drawing No: 16.09.02 Revision A dated 3 February 2017, DB/SUM/01 and DB/SUM/02.

            Notwithstanding the details shown on plan 16.09.03 Revision B (dated 27 February 2017) no trees shall be felled or removed unless specifically shown on the Tree Protection Plan (DB/SUM/01)

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

3          The external surfaces of the development hereby approved shall be constructed of materials and finish as detailed below and retained as such thereafter:-

Dwellinghouse

Roof Tiles: Barrow: ‘Brindle Mix’ by Wienerberger Ltd

            Brickwork: Durham Red Multi by Wienerberger Ltd

            Render: White painted finish

            Joinery: Timber

            Porch  ...  view the full minutes text for item 324.

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

Prior to the Committee reiving the Officers report, the Chairman reminded Members that there had been additional information received from the applicant including photographs of neighbouring properties.

Following the Officers presentation, a brief discussion ensued, where Members sympathised with the applicant over restrictions on the materials used for the roof. 

Councillor M Thompson proposed that the application be approved in accordance with the Officers recommendation with an amendment to Condition 3.  This was duly seconded and agreed.

The Chairman put the proposal with an amendment to Condition 3 to a vote, and the motion was carried.

RESOLVED that the application be APPROVED in accordance with the Officers recommendation and 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, 18-2331-1E, 18-2331-1B. 

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

3          The development hereby approved shall only be undertaken using the materials set out within the 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 consider the planning application and recommendations of the Director of Planning and Regulatory Services, (copy enclosed, Members’ Update to be circulated)*.

Councillor A K M St Joseph left the Council Chamber for the duration of this item as he held a pecuniary interest as the Applicant.

The Officer presented their report to the Committee, after which Mr Roy Clare addressed the Committee in support of the application.

Following a brief discussion on the application the Chairman put the Officers recommendation to a vote and the motion was carried.

RESOLVED that the application be APPROVED in accordance with the Officers recommendation and subject to the following conditions:

1          The development hereby permitted shall begin no later than three years from the date of this decision.
REASON  To comply with Section 91(1) of The Town & Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2          The development shall be carried out in accordance with the following approved plans and documents: Location Plan; Site Plan; ST.JOSEPH/04/01; ST.JOSEPH/04/02; ST.JOSEPH/04/03; and ST.JOSEPH/04/04. 
REASON  For the avoidance of doubt as to the extent of this permission.

3          No development shall take place until samples of the facing material to be used have been submitted to and approved in writing by the local planning authority.  The works must then be carried out in accordance with the approved details.
REASON  To ensure that the external materials to be used in the development are acceptable in accordance with Policy D1 of the Maldon District LDP and Government advice contained in the NPPF. 

4          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  ...  view the full minutes text for item 326.

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

Councillor A K M St Joseph returned to the Council Chamber following the decision on FUL/MAL/18/00674.

The Officer presented their report to the Committee, after which Mr Kevin Boden - an objector, Councillor Mrs Lindsey Squire and Sean Martin, Planning Manager from David Wilson Homes, addressed the Committee.

The Chairman introduced to the committee Mr Iain Amis, Head of Development Services and Mr Richard Lyon, Senior Pre-Development Engineer from Anglian Water, and Ms Barbara Moss-Taylor, Sustainable Places Planning Specialist from the Environment Agency.

Members questioned the conflicting information that had received in correspondence from Anglian Water dated 11 November 2017 and 18 July 2018 relating to the existing capacity, current foul water system and proposed drainage solutions.  Additional concerns were that the proposed system would be insufficient and that the current situation would be exacerbated with the addition of more units.

Anglian Water and the Environment Agency provided the following information in response to intensive questioning from Members:

·       Anglian Water had been working with David Wilson Homes in order to provide an appropriate plan for the removal of foul and surface water.  Members were advised that the problem was not foul water but instead surface water at the site.

The Current System

·       References to capacity in letters from November 2017 and July 2018 related to the volumetric permit at Lachingdon Water Recycling Works, and it is accepted by Anglian Water that they are, and will, exceed their permit.

·       It was confirmed that the current issue with the sewerage within North Fambridge required a solution.  As the network performs well in dry weather it was noted that this is caused by surface water and was not a foul water problem.  Anglian Water stated that they had been aware of issues since it had developed but could not confirm when this was. 

·       The foul water network is considered adequately sized for the existing dwellings and the development should be easily accommodated.  No detriment or impact to the network should occur.

·       The treatment capacity, and the ability to treat it, has not shown a worsening in samples.  These are monitored under a compliance regime. 

·       Proposed solutions included the removal of some of the surface water, or reviewing of the volumetric permit which would result  ...  view the full minutes text for item 327.

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

The Committee received the Officers report, and sought clarification on whether this would add to surface water at the site.

The Development Management Team Leader confirmed that the application was to address whether surface water would be contaminated by the land and not the risk of flooding at the site.

The Chairman put the Officers recommendation to a vote, and the motion was carried with four members voting in favour and one against.

RESOLVED that Condition 18 was DISCHARGED in accordance with 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)*.

Following the Officers report, the Committee was addressed by Mr Kevin Boden who spoke against the report, and Councillor Lindsey Squire.

The Members agreed that they had discussed all the relevant points in relation to this application under DET/MAL/18/05091 – Land West of Fambridge Road, North Fambridge (Minute 327 from Meeting of the North Western Area Planning Committee, 06 August 2018), and voted on the Officers recommendation to discharge each conditions separately.

The Chairman put forward the Officers recommendation to discharge Condition 12 of the application, and the motion was carried with four votes in favour, and one Member abstaining.

The Chairman put forward the Officers recommendation to discharge Conditions 15, 16, and 29 of the application, and this was voted against for the same reasons as discussed under DET/MAL/18/05091 – Land West of Fambridge Road, North Fambridge (Minute 327 from Meeting of the North Western Area Planning Committee, 06 August 2018).

RESOLVED:

1.      Condition 12 is DISCHARGED in accordance with the Officer recommendation.

2.      Conditions 15, 16, and 29 are REFUSED contrary to the Officers recommendation for the following reasons:

15.  Members at the North Western Area Planning Committee on 06 August 2018 determined that the submissions have not demonstrated to the satisfaction of the Local Planning Authority that adequate maintenance arrangements have been proposed because the statutory undertaker has not demonstrated to the satisfaction of the Local Planning Authority that it would be possible to maintain an effective drainage strategy. Therefore Condition 15 of outline planning application OUT/MAL/14/01018 is not discharged.

16.  The North Western Area Planning Committee on 06 August 2018 determined that it has not been demonstrated to the satisfaction of the Local Planning Authority that adequate capacity for the handling and disposal of foul water is available to serve the development and therefore Condition 16 of outline planning application OUT/MAL/14/01018 is not discharged.

29.  At the North Western Area Planning Committee on 06 August 2018 it was concluded that it has not been demonstrated to the satisfaction of the Local Planning Authority that adequate capacity for the handling and disposal of wastewater is available to serve the development and therefore Condition 29 of outline planning application OUT/MAL/14/01018 is not discharged.