Agenda and minutes

The Chairman welcomed everyone present and went through some general housekeeping arrangements for the meeting.

Apologies for absence were received from Councillors C P Morley, E L Stephens and Mrs M E Thompson.

To confirm the Minutes of the meeting of the Committee held on 30 November 2022, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 30 November 2022 be approved and confirmed.

To disclose the existence and nature of any Disclosable Pecuniary Interests, Other Registrable interests and Non-Registrable Interests relating to items of business on the agenda having regard to paragraph 9 and Appendix B 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 S J N Morgan and J V Keyes declared a non-pecuniary interest in Agenda Item 6 as they were both frequent patrons of the farm shop.

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation the Agent, Mrs Alice Quinn, addressed the Committee. The Chairman then opened the discussion.

A debate ensued regarding the issue of change of use. Some Members felt that the application was linked to existing use therefore it did not require a separate change of use application whilst others felt it was a clear change of use from agriculture to equestrian. Officers advised that whilst the principle of the proposal was supported, it was clear it required a change of use application which was a legal change under Planning Law therefore approval of this application could create a precedent resulting in  further applications that ignored the legal requirement.

After some further discussion Councillor White proposed that the application be approved contrary to the Officer’s recommendation for the reasons that it complied with Policy E4 and would encourage economic growth in the area and this was duly seconded. The Chairman put the proposal to approve contrary to the Officer’s recommendation to the Committee and it was carried.

RESOLVED that the application be APPROVED for the aforementioned reasons and with standard conditions delegated to Officers in consultation with the Chairperson and Ward Members.

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation the Agent, Mr Tony Cussen, addressed the  Committee. The Chairman then opened the discussion.

A brief debate ensued regarding the reasons for refusal of the application. Some Members felt that the only pertinent reason for refusal was around highway safety which was paramount. Councillor White proposed that the application be refused in accordance with the Officer’s recommendation but for highway safety reasons only and this was seconded. Councillor Siddall raised concerns around the large scale design and the fact that there was no intrinsic link between the development and the farmhouse. He proposed that the application be refused in accordance with the Officer’s recommendation and the reasons as outlined in section 8 of the report namely the bulk and scale together with the highway safety issue. This was  duly seconded by Councillor Fleming.

Officers advised that there was no functional link to the site, full justification for the development and use had not been provided and the scale would cause harm to the rural character of the area.

There being no further discussion the Chairman put the first proposal by Councillor White to refuse the development on the grounds of highway safety alone to the Committee and it was carried.

RESOLVED that the application be REFUSED for the following reason only:

1.               The standard vehicular visibility splays of 2.4m x 215m required for accesses

as measured from and along the nearside carriageway edge, have not been provided.  The lack of suitable visibility from the proposed access for both emerging and approaching vehicles would result in an unacceptable degree of hazard to all road users to the detriment of general highway safety contrary to policies D1 and T2 of the Maldon District Local Development Plan and the guidance contained within the National Planning Policy Framework.

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation the Chairman opened the discussion. A brief debate ensued and the consensus was to approve the application together with an additional condition that Electric Vehicle (EV) charging points be included in the development.

There being no further discussion the Chairman put the Officer’s recommendation to approve the application to include EV charging points to the Committee and it was carried.

RESOLVED that the application be APPROVED subject to the following conditions and the aforementioned additional condition around EV charging points:

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: 22.663 01; 22.663 02 Rev A; 22.663 03 Rev B; 22.663 04 Rev B

3.         No works above ground level shall take place until written details of the proposed materials to be used in 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 above slab level shall take place until details of all hard and soft landscape works and means of protecting the existing hedges at the site that are to be retained during the course of development have been submitted to and approved 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 occupation of any part of the development hereby approved 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 the local planning authority gives its written consent to any variation.

The hard landscape works shall be carried out as approved prior to the first use / occupation of the development hereby approved and retained and maintained as such thereafter.

5.         No works above ground level shall take place until details of the siting, height, design and materials of the treatment of all boundaries including existing hedging, gates, fences, walls, railings and piers have been  ...  view the full minutes text for item 466.