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 9 January 2017, (copy enclosed).

RESOLVED

(i)                 that the Minutes of the meeting of the North Western Area Planning Committee held on 9 January 2017 be received.

Minute No. 844 – RES/MAL/16/01130 – LAND NORTH WEST OF 34 TO 36 MALDON ROAD, GOLDHANGER

Councillor E L Bamford requested that the wording in the final sentence of the second paragraph of this Minute be amended to read “The Parish Trigger would not have brought this application before the Committee.”

RESOLVED

(ii)               that subject to the above amendment the Minutes of the meeting of the Committee held on 9 January 2017 be 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 a non-pecuniary interest in respect of Agenda Item 8 – FUL/MAL/16/01419 and LBC/MAL/16/01420 – Vaulty Manor, Goldhanger Road, Heybridge and Agenda Item 9 – OUT/MAL/16/01490 – Land Adjacent 18 Totham Hill Green, Great Totham as he knew the Applicants.

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 planning applications in relation to highways, education and other matters.  She also declared a non-pecuniary interest in relation to Agenda Item 8 – FUL/MAL/16/01419 and LBC/MAL/16/01420 – Vaulty Manor, Goldhanger Road, Heybridge, as she knew the Applicant.

The Committee received the reports of the Interim Head of Planning Services and determined the following planning applications, having taken into account all representations and consultation replies received, including those listed on the Members’ Update circulated at the meeting.

To receive an Officer led presentation.

There was no Members’ Briefing.

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

Following the Officer’s presentation of the report, the Committee debated this application raising concerns about both the height of the building and the possibility of it being used for residential use in future.  The Interim Head of Planning Services advised the Committee that under permitted development rights a substantial building would have been allowed, provided that it was ancillary to the main dwelling.  If Members were minded to refuse this application, then the Council would be in danger of being seen to be unreasonable.

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

1                    The development hereby permitted shall be carried out in complete accordance with the approved drawings specifically referenced on this decision notice.

2                    The building hereby permitted shall only be used for those purposes incidental to the use of the dwelling house to which it relates and not for any commercial or business purpose or as annexe accommodation.

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

Following the Officer’s presentation of the report, Mr S Waud, the Agent, addressed the Committee.

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: PA-160427-01 Rev. A, PA-160427-03, PA-160427-02, PA-160427-05 Rev. A, PA-160427-04 Rev. B, PA-160427-07, PA-160427-06 Rev. A.

3.                  The external surfaces of the development hereby approved shall be constructed of materials and of a finish as detailed within the application.

4.                  An internal pedestrian access shall be retained at all times between the existing dwelling house and the extension hereby permitted.

5.                  The annex hereby permitted shall be occupied only as an annex for purposes ancillary and incidental to and in conjunction with the use of the existing property as a single dwelling house and not as a separate or independent unit of residential accommodation.

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

RESOLVED that the Planning and Licensing Committee be recommended to APPROVE application FUL/MAL/16/01419 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.

RESOLVED that the Planning and Licensing Committee be recommended to GRANT LISTED BUILDING CONSENT for application LBC/MAL/16/01420 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.

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

The Officer presented the report to the Committee and advised that the letters of representation shown in the Report and the Members’ Update were incorrect.  There had been 23 letters of support and 4 letters of objection received, as follows:

Support:

Mr Martin Frost, Perrins Colchester Road Great Totham Maldon Essex CM9 8ED

Mr David Goodwin, Slough House Farm Scraley Road Great Totham Essex CM9 8JA

Mr Daniel Gower, 2 Foster Road Great Totham Essex CM9 8PZ

Mr J Gower, 22 Heriot Way Great Totham Essex CM9 8BW

Mr S Gower, 18A Walden House Road Great Totham Essex CM9 8PN

Mr & Mrs J Gregan, Winwoof Lodge Totham Hill Green Great Totham Essex CM9 8DX

Miss A Gregory, 13 Spring Lane Great Totham Essex CM9 8DL

Mrs Rachel Hamilton, Lawns Farm 29 Plains Road Great Totham Maldon Essex CM9 8DT

Mrs Jacqueline Jenkins, Great Totham Garage 2 Hall Road Great Totham Essex CM9 8NN

Mrs Jan Lockett, 11 Staplers Heath Great Totham Maldon Essex CM9 8NG

Mr Brian Lorkin, 27 Totham Hill Green Great Totham Essex CM9 8DX

Brian & Theresa Marshall, Sheepcoates Hall Sheepcoates Lane Great Totham Essex CM9 8NT

Mr J Marven, Marvens Riding Stables Fanners Farm Wickham Bishops CM8 3LX

Mr & Mrs P Witney, 31 Totham Hill Green Great Totham Maldon Essex CM9 8DX

Mr & Mrs Petett, Hill Farm Beckingham Road Great Totham Essex CM9 8DY

M J Phillis, Godfreys Farmhouse Sheepcoates Lane Little Totham Maldon Essex

Mr N Reynolds, Longfield Plains Road Great Totham Essex

Stephen Ross & Amanda Burton, 10A Totham Hill Green Great Totham CM9 8DX 

Mr Robert Wakelin, 2 Jepcracks Farm Church Road Great Totham Maldon Essex

Mrs J White, 55 Maldon Road Great Totham Essex CM9 8NL

Mr & Mrs Brian Whiting, Hill House 1 Colchester Road Great Totham Essex CM9 8BZ

Peter Whitnall, 18 Totham Hill Green Great Totham Essex CM9 8DX

Daniel Wylie, Beckingham Manor Beckingham Road Great Totham Essex CM9 8EB

Object:

Mr & Mrs D Harris, 19 Totham Hill Green Great Totham Essex CM9 8DX

C A Heaviside, 12 Totham Hill Green Great Totham Essex CM9 8DX

Mrs Jean Perratt, Wesley Cottage 21 Totham Hill Green Great Totham Essex CM9 8DX

Mrs Gail Todd, Bean Cottage 14 Totham Hill Green Great Totham Essex CM9 8DX

Following the Officer’s presentation of the report, Mr J Gregan, a Supporter, of Winwoof Lodge, Totham Hill Green, Great Totham and Mr R King, the Applicant’s father, representing the Applicant, both addressed the Committee.

Councillor J V Keyes, a Ward Member, advised the Committee that he  ...  view the full minutes text for item 960.

To consider the report of the Interim Head of Planning Services on the following matters:

(i)                             Appeals Lodged

(ii)                           Appeal Decisions

(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: 17 January 2017

Enforcement Notice Reference Number: ENF/15/00093/2

Appeal Reference Number: APP/X1545/C/16/3161041

Site: Tolleshunt Wood Within Chantry Wood Witham Road Wickham Bishops

Alleged Breach of Planning Control: Without planning permission the unauthorised operational development to erect a building

Appeal by: Mr Guy Dehn

Grounds of Appeal: 

Ground A

That planning permission should be granted for what is alleged in the notice

Ground C

that there has not been a breach of planning control

Ground F

that the steps required to comply with the requirements of the notice are excessive, and lesser steps would overcome the objections

Appeal Start Date: 25/01/2017

Application Number: HOUSE/MAL/16/00921 (APP/X1545/D/17/3166724)

Site: 48 Maldon Road, Great Totham, Essex, CM9 8NL

Proposal: Erection of an approximately 1800 mm high fence along the boundary of the property

Appeal by: Mr Andrew Porcas

Appeal against: Refusal

Appeal procedure requested: Householder Appeals Service (HAS)

Appeal Start Date: 26/01/2017

Application Number: FUL/MAL/16/00460 (APP/X1545/W/16/3163932)

Site: Land At Goat Lodge Road - Great Totham

Proposal: Erection of nine dwellings, creation of new accesses to Goat Lodge Road and Staplers Heath, estate roads, garages and car spaces, foul and surface water drainage and landscaping.

Appeal by: Mr Alan Collier

Appeal against: Refusal

Appeal procedure requested: Written Representations

(ii)                Appeal Decisions:

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

COUPA/MAL/16/00593 (Appeal Ref: APP/X1545/W/16/3157810)

Proposal: Prior approval of proposed change of use of Agricultural Building to a Dwellinghouse (Class C3), and for Associated Operational Development

Address: Unit 1 Honeywood Farm - Honeypot Lane - Purleigh

APPEAL ALLOWED & FULL COSTS AGAINST THE COUNCIL ALLOWED – 9 January 2017

DECISION LEVEL: Delegated

OUT/MAL/16/00048 (Appeal Ref: APP/X1545/W/16/3155011)

Proposal: Outline application for a single dwelling

Address:Land Between Heath House And Little Braxted House, Braxted Road, Little Braxted

APPEAL DISMISSED – 19 January 2017

DECISION LEVEL:Committee as per Officer recommendation to refuse

FUL/MAL/16/00353 (Appeal Ref: APP/X1545/W/16/3159655)

Proposal: Demolition of existing dwelling and erection of a replacement dwelling with associated triple garage

Address: Great Canney Cottage, Hackmans Lane, Purleigh, Essex, CM3 6RP

APPEAL DISMISSED – 27 January 2017

DECISION LEVEL:  Delegated

OUT/MAL/15/01342 (Appeal Ref: APP/X1545/W/16/3152640)

Proposal: Outline planning permission for demolition of existing dwelling and erection of up to 52 residential dwellings with associated vehicular access.

Address: Land Rear Of 9 Church Road - Wickham Bishops

APPEAL ALLOWED – 1 February 2017

DECISION LEVEL: Delegated