Agenda and minutes

The Chairman drew attention to the list of notices published on the back of the agenda.

There were none.

To confirm the Minutes of the meeting of the Committee held on 6 February 2017, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 6 February 2017 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 J V Keyes declared an interest in Agenda Item 9 – OUT/MAL/17/00072 – Land at Broadfield Farm, Braxted Park Road, Great Braxted, as he knew the Applicant and had carried out haulage work for them in the past.

Councillor Miss S White declared that due to various issues she would leave the Council Chamber for Agenda Item 7 – FUL/MAL/16/01426 – Oakfield Farm, Hyde Chase, Purleigh – as would Councillor J P F Archer.

Councillor M F L Durham declared in the interests of openness and transparency in relation to Agenda Item 6 – FUL/MAL/16/01373 – The Warren, Lodge Park, Herbage Park, Herbage Park Road, Woodham Walter as he was previously employed by the company but that was no longer the case.  He had consulted with the Monitoring Officer and the Deputy Monitoring Officer and they confirmed that he did not have a pecuniary interest.

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 highway safety, access and other matters as well as some educational matters that may relate to applications being considered.

To receive an Officer led presentation.

The Chairman advised that there would not be a Members’ Briefing at this meeting.

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 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, Councillor Joanna Symons from Woodham Walter Parish Council and David Wallis, the Agent both addressed the Committee.

Councillor M F L Durham, a Ward Member, stated that in accordance with his previous declaration he had previously been one of the owners of the site.  Councillor Durham was of the opinion that, taking into account planning considerations and applying the relevant criteria, there were very few planning grounds to refuse this application.  Provided the nature conservation area that was secured under a Section 106 agreement remained, he proposed that this application be approved in accordance with the Officers’ recommendation.

Members debated this application in some depth and concern was raised regarding the occupation of the site for the majority of the year, excluding two weeks in January.  Some Members felt that this did not make the site for holiday accommodation only.  However, as other sites in the District had the same restrictions imposed, it was considered that it would be inconsistent to apply different restrictions to this site.  Furthermore, conditions could not be inconsistent relation to different accommodation on the same site. 

The Group Manager for Planning Services reiterated the need for fairness and consistency to be applied when imposing conditions.  There must be an assumption of reasonableness on the part of residents of these sites, otherwise it would make the provision of tourist accommodation very difficult.  The conditions proposed in this case were in line with Government guidance, consistent with the Authority and in line with conditions imposed by Planning Inspectors in the past.

Councillor Miss S White declared an interest as she worked partly in the tourist industry. 

In response to questions, the Group Manager for Planning Services advised:

·                       that procedures were already in place regarding checking booking registers to ensure that the accommodation was booked as holiday accommodation;

·                       that the Section 106 Agreement in place related to part of the land that was not subject to this application and would, therefore, be unaffected;

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 the approved Location Plan No: 15.3071/M002 dated 18.04.2016 and Site Plan No: 15.3071/P201 Revision B dated 24.07.2015 and Plans and Elevations No: 15.3071/P204 dated 26.08.2015 specifically referenced on this decision notice.

3          No holiday lodges shall be used as a person's sole or main place of residence and shall be used for holiday purposes only.

4          The holiday lodges shall  ...  view the full minutes text for item 1066.

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

RESOLVED that this application be APPROVED.

Councillors J P F Archer and Miss S White returned to the Council Chamber at this point in the meeting.

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, David Pearl, an Objector, of 26 Grange Road, Wickham Bishops, Witham, Councillor Ian Wardrop of Wickham Bishops Parish Council and Jonathan Brown, on behalf of the Applicant, all addressed the Committee.

The Group Manager for Planning Services advised the Committee that whilst the layout was included when the application was submitted, the amended form had been manually included in the application, although not uploaded electronically.  There were no points regarding layout on the application for this Committee to consider.  He also advised that there was no Tree Preservation Order in place on this site.

Members raised concern about the legality of this application and whether it was valid.  Although Members were generally satisfied with this application in terms of design, they were concerned about issues regarding process and would be happier if this application was deferred to afford Officers the opportunity to look into this. 

In response to a question regarding drainage, the Group Manager for Planning Services reassured Members that conditions could be imposed following the reserved matters stage.

The Chairman proposed that, in order to address the concerns of Members regarding the legal process, this application was delegated to the Interim Head of Planning Services together with the Ward Members and himself.  As he was one of the Ward Members the Chairman asked that the Vice-Chairman, Councillor Mrs M E Thompson, be included in the deliberation.  This proposal was duly seconded and upon a vote, the motion was carried.

RESOLVED that determination of this application be DELEGATED to the Interim Head of Planning Services in consultation with the Chairman of the North Western Area Planning Committee together with the Ward Members.

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, Peter Le Grys, the Agent, addressed the Committee.

The Interim Head of Planning Services advised the Committee that, for the avoidance of doubt, there was no need to supply housing over and above the five year housing land supply.

In response to questions raised, the Group Manager for Planning Services advised:

·         that the recent development of 14 houses near to this site had been an enabling development and should not be used as a material consideration in relation to this application;

·         there was no recorded planning permission in existence on this site, but there was historical use of the site for packing purposes;

·         no response had been received from Highways.

RESOLVED that this application be REFUSED for the following reason:

1          Policies S2 and H1 of the Maldon District Replacement Local Plan and policies S1 and S8 of the Maldon District Local Development Plan seek to provide control over new buildings in rural areas that are beyond defined settlement boundaries, to ensure that new residential developments are directed to appropriate and sustainable locations and that the countryside is protected for its landscape value as well as its intrinsic character and beauty. The application site, edged in red, is currently free from built form and undeveloped.  The site is wholly rural and tranquil feel which makes a positive contribution to the character and appearance of the area. The proposed development, if approved, would urbanise the site and represent an unwelcome visual intrusion into the open and undeveloped countryside. The remote nature of the application site also means that future occupiers would be reliant on the private motor vehicle thus represent an unsustainable form of development. As such, the proposal would be contrary to policies S2, BE1, H1, CC6, T2 of the adopted Maldon District Replacement Local Plan, policies D1, S1, S8, H4, T2 of the Maldon District Local Development Plan, and the core planning principles and guidance contained in the National Planning Policy Framework.

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: 14/02/2017

Application Number: LDP/MAL/16/01165 (APP/X1545/X/17/3168107)

Site: Lodge Farm - Old London Road - Woodham Mortimer

Proposal: Claim for Lawful Development Certificate for proposed development: Change of use of two agricultural buildings to residential

Appeal by: Mr Ian Fowler

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. 

HOUSE/MAL/16/00921 (Appeal Ref: APP/X1545/D/17/3166724)

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

Address: 48 Maldon Road Great Totham

Decision Level: Delegated

APPEAL DISMISSED – 21.02.2017

FUL/MAL/16/00440 (Appeal Ref: APP/X1545/W/16/3159546)

Proposal: Construction of an agricultural storage building to serve farm holding utilising existing farm access to Sheepcoates Lane

Address: Land Rear Of Krallis Tan, Sheepcoates Lane, Great Totham, Essex

Decision Level: Committee as per Officer recommendation to refuse

APPEAL DISMISSED – 17 February 2017

OUT/MAL/16/00858 (Appeal Ref: APP/X1545/W/16/3163300)

Proposal: Proposal for a small two bedroom bungalow (Plot 5). (Plots 1 to 4 as previously approved).

Address: Land South Of Buller Lodge, Buller Road, North Fambridge

Decision Level: Committeeas per Officer recommendation to refuse

APPEAL ALLOWED – 23 February 2017

FUL/MAL/16/00819 (Appeal Ref: APP/X1545/W/16/3160262)

Proposal: Change of use of land and proposed development of four, 5 bedroom detached dwellings, with detached/attached garages, together with access drive from new adjoining development.

Address: Land Rear Of 60 Maldon Road, Goldhanger

APPEAL ALLOWED – 27 February 2017

DECISION LEVEL:Delegated

OUT/MAL/15/01319 (Appeal Ref: APP/X1545/W/16/3158808)

Proposal: Outline planning application for twelve dwellings, including four affordable units with all matters reserved for subsequent approval with the exception of vehicular access

Address: Glen Loy - Latchingdon Road - Cold Norton

APPEAL DISMISSED – 1 March 2017

APPLICATION FOR PARTIAL AWARD OF COSTS MADE BY APPELLANT ALLOWED – 1 March 2017

DECISION LEVEL: Delegated

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 6 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 6 of Part 1 of Schedule 12A to the Act, and that this satisfies the public interest test.

To receive and note a quarterly update on enforcement cases affecting the Committee’s area.

The Committee agreed that as no Enforcement Officer was available at the meeting, the quarterly update on enforcement cases affecting the Committee’s area would be deferred until the next meeting of the North Western Area Planning Committee.