Agenda and minutes

The chairman welcomed everyone present and went over some general housekeeping arrangements for the meeting.

An apology for absence was received from Councillor E L Stephens.

To confirm the Minutes of the meeting of the Committee held on 11 January 2023, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 11 January 2023 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 M F L Durham declared a non-pecuniary interest as a Member of Essex County Council. He further declared that he had a disclosable pecuniary interest in respect of Agenda Item 5: 21/01276/FUL - Land Opposite St Margaret's Church, Maldon Road, Woodham Mortimer, Essex CM9 6SN as he was a funeral celebrant and would leave the Chamber for that item of business.

Councillor Durham left the Chamber at 7:33pm.

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

Following the Officer’s presentation, the Applicant Mr Richard Evans, addressed the Committee. The Chairman then opened the discussion.

A brief debate ensued regarding the access to the site and pedestrian safety. Officers reassured Members that the Highways Authority deemed the access to be acceptable, that there would be a pedestrian refuge when crossing the road with safety bollards in place to protect users.

There being no further discussion Councillor S White proposed that the application be approved in accordance with the Officer’s recommendation and this was duly seconded. The Chairman then put the proposal to the Committee and it was agreed.

RESOLVED that the 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 hereby permitted shall be carried out in accordance with the following approved plans and documents:

20076-LHC-00-00-DR-AR-OS Rev J; 20076-LHC-00-00-DR-L-001 Rev R; 20076- LHC-00-00-DR-AR-0201 Rev B; 20076-LHC-00-00-DR-AR-0401 Rev B; 20076-LHC00-XX-DR-L-9303 Rev P8; 20076-LHC-00-00-DR-L-9403 Rev P7; 20076-LHC-00- XX-DR-L-9301 Rev P8; 20076-LHC-00-00-DR-AR-0301 Rev B; 20076-LHC-00-XXDR-L-9401 Rev P7; 1911011-01D; 1911011-02; 1911011-03; 1911011-01C; 1911011-TK03; 1911011-TK04.

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  ...  view the full minutes text for item 539.

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

Following the Officer’s presentation and prior to public participation, the Chairman asked whether the decision notice could not be released until the section106 was signed and sought confirmation that the Local Planning Authority had not delayed matters. Officers concurred that both these points were correct. At this point the Agent, Mr Tony O’Toole, addressed the Committee. The Chairman then advised the Committee that only those Members present when this item was previously discussed could take part in the vote, therefore, this excluded Councilors Mrs J L Fleming and R H Siddall.

A brief debate ensued where Members acknowledged the reasons why the application had been resubmitted. However, it was felt that it had been debated at length during the previous North Western Area Planning Committee on 5 October 2022, that the original decision to approve contrary to the Officer’s recommendation for reasons as detailed in that meeting was a well balanced decision that remained valid and that every application was considered on its own merits. The Specialist: Development Management advised that the report was an update to provide Members with pertinent new material that had come to light so that Members could be reassured that the correct decision was made.  

Councillor M F L Durham then proposed that the application be approved in accordance with the original decision of this Committee on 5 October 2022 and this was duly seconded. The Chairman then put the proposal to approve the application to the Committee and it was agreed.

RESOLVED that the application be APPROVED subject to the conditions as set out in the updated report:

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

2.         The development hereby permitted shall be carried out in accordance with the following approved plans and documents:

20076-LHC-00-00-DR-AR-OS Rev J; 20076-LHC-00-00-DR-L-001 Rev R; 20076-LHC-00-00-DR-AR-0201 Rev B; 20076-LHC-00-00-DR-AR-0401 Rev B; 20076-LHC-00-XX-DR-L-9303 Rev P8; 20076-LHC-00-00-DR-L-9403 Rev P7; 20076-LHC-00-XX-DR-L-9301 Rev P8; 20076-LHC-00-00-DR-AR-0301 Rev B; 20076-LHC-00-XX-DR-L-9401 Rev P7; 1911011-01D; 1911011-02; 1911011-03; 1911011-01C; 1911011-TK03; 1911011-TK04.

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  ...  view the full minutes text for item 540.

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

Following the Officer’s presentation, the Applicant, Mr Lawrence, addressed the Committee. The Chairman then opened the discussion.

A debate ensued around the merits of this application as opposed to the previous submission. Members felt that the applicant had changed the application in line with Planning Officers’ recommendations and the reduction of scale and the new design enhanced the local context. Councillor S White proposed that the application be approved contrary to the Officer’s recommendation due to its reduced size, change in design and given it concurred with policies S1, S8, D1 and H4. This was seconded by Councillor J V Keyes. It was further noted that this area was no longer predominantly rural and was a sustainable location.

There being no further discussion the Chairman put Councillor White’s proposal to approve the application, contrary to the Officer’s recommendation, with conditions delegated to Officers, to the Committee and this was agreed.

RESOLVED that the application be APPROVED subject to conditions delegated to Officers in consultation with the Chairman.

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

A Members’ Update had been circulated prior to the meeting that detailed findings from Sharon Hosegood Associates on behalf of the owner, objecting to the serving of the Tree Preservation Order (TPO). Following the Officer’s presentation, the Chairman then opened the discussion.

A debate ensued and Members sought clarity if there had been any damage to the structure of the applicant’s property to initiate the felling of the trees. Officers clarified that there was no reference included in the report from Sharon Hosegood Associates regarding any damage to the applicant’s property. Officers drew Members’ attention to the reasons for felling as outlined in section 5.2 of the report and reaffirmed the reasoning for the TPO, clarifying that it should be confirmed to prevent the felling without securing appropriate replanting as trees contribute to the amenity value of the area.

Councillor R H Siddall then proposed that the TPO be confirmed in accordance with the Officer’s recommendation and this was duly seconded. The Chairman then put the proposal to the Committee, and it was agreed.

RESOLVED that the Tree Preservation Order be CONFIRMED without any modifications.