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 Councillor M F L Durham, CC.

To confirm the Minutes of the meeting of the Committee held on 11 June 2018 (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 11 June 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 J V Keyes disclosed a non-pecuniary interest in all items as he sits on Great Totham Parish Council.

Councillor A K M St. Joseph declared a non-pecuniary interest in Agenda Item 8, HOUSE/MAL/18/00686 – 3 Root Lane, Wickham Bishops, as the agent had previously prepared architectural drawings for him.

Councillor H M Bass declared a non-pecuniary interest in Agenda Item 5, FUL/MAL/18/00436 – Land at Benton Manor, Wickham Hall Lane, Wickham Bishops, Essex, and Agenda Item 8, HOUSE/MAL/18/00686 – 3 Root Lane, Wickham Bishops as he knows the applicants.

Councillor Mrs P A Channer, CC, declared a non-pecuniary interest as a

Member of Essex County Council, a consultee on planning application matters with respect generally to highways, matters of access and education primarily.

To consider the report of the Director of Planning and Regulatory Services (copy enclosed).

The Officer presented the report to the Committee, and drew attention to the Members’ Update detailing the response from Wickham Bishops Parish Council and the Coast and Countryside Officer.  The photographs mentioned in the Members’ Update were presented to the Committee in addition to the Officers report.

The Committee discussed whether the change of use was relevant and, following a request from Members, the Development Management Team Leader clarified the differentiation between both amenity and residential land.

Members considered that although the boarding at the back of the gate was not aesthetically pleasing, and would have preferred hedgerows to the fence, it was agreed that it was logical for the gate to be set back from the road to allow for access.

Councillor H M Bass proposed that the application be approved contrary to the Officer’s recommendation; this was duly seconded and 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.

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 plans listed above.

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

3.         The permission hereby granted does not include the approval of the gate and fencing that has been installed at the Wickham Hall Lane frontage of the site.  Prior to the change of use of land hereby approved, details of and means of enclosure to this frontage of the site (including any proposed gate, fencing and replacement soft landscaping) and a timetable for the implementation of those works shall be submitted to and approved in writing by the Local Planning Authority.  The works and any approved soft landscaping shall subsequently be provided / installed in accordance with the approved timetable.  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  ...  view the full minutes text for item 242.

To consider the report of the Director of Planning and Regulatory Services (copy enclosed).

The Committee received the Officers report and noted that the Members’ Update confirmed that no objection had been received from the Environment Agency.

Following the Officer’s presentation, Mr Sean Martin from David Wilson Homes, the Agent, addressed the Committee.

Members queried whether the application was in keeping with the Strategic Housing Market Assessment (SHMA).  It was noted that although there was a shortfall on the housing split, the Group Manager for Planning Service confirmed that this would not be a reasonable ground for refusal as 2% did not equate to one unit.

The Development Management Team Leader confirmed for the Committee that although there was a 3.5 metre shortfall in the recommended distance of back to back dwellings, as set out in the Essex Design Guide (EDG), this was mitigated due to the substantial length of the back gardens of neighbouring properties.  As there was no loss of light, outlook, or privacy this would not be considered grounds for refusal.

Councillor Miss S White proposed that the application be refused contrary to the Officers recommendation, and this was duly seconded.  Following a vote, the motion was not carried

The Chairman then put the officer’s recommendation to a vote and the motion was carried.

RESOLVED that the application be APPROVED, subject to the following conditions:

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

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

2          The development shall be constructed shall be constructed of the external materials specified on Materials Plan Drawing No: 746. 204.07 dated 27.04.2018 and the External Works Plan Drawing No: 746.231.07 dated 05.06.2018.
REASON: To ensure that the external materials used for the construction of the development is appropriate to its site and surroundings in accordance with Policy D1 of the Maldon District LDP and Government advice contained in the NPPF.

3          The hard landscaping for the site shall be constructed in complete accordance with materials specified on External Works Plan Drawing No: 746.231.07 dated 05.06.2018 and retained as such thereafter.

REASON: To ensure that the external materials used for the construction of the development is appropriate to its site and surroundings in accordance with Policy D1 of the Maldon District LDP and Government advice contained in the NPPF.

4          The tree protection and soft landscaping for the site shall be carried out in complete accordance with the following details and Drawing No:-

·           JBA 17/004-SK01 Revision F - Landscape Proposal for PLOTS and POS dated  ...  view the full minutes text for item 243.

To consider the report of the Director of Planning and Regulatory Services (copy enclosed).

Following the Officer’s presentation, Mr Peter Le Grys, the Agent, addressed the Committee.

Members discussed the application and the impact on the street scene was considered.  It was noted that due to the location and design there would be less of an impact when compared to the neighbouring properties.

Councillor Miss S White proposed that the application be approved contrary to the Officer’s recommendation.  This was seconded and agreed with the proviso that the conditions be determined between the Chairman, Vice-Chairman and Ward Members.

RESOLVED that the application be APPROVED subject to conditions as agreed in consultation with the Chairman, Vice-Chairman and Ward Members.

To consider the report of the Director of Planning and Regulatory Services (copy enclosed).

Following the Officer’s presentation, Mrs Janet James, the Applicant, addressed the committee.

Members discussed the application, it was noted that the current balcony was considered dated and that the proposed extension would bring the property in line with its neighbours.

Councillor H M Bass proposed that the application be approved contrary to the Officer’s recommendation, this was duly seconded and 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 shall be carried out in accordance with the following approved plans and documents: Site Location Plan; Block Plan; JAMES/01/1 Rev A; JAMES/01/2 Rev A

3         The external surfaces of the building(s) shall be constructed of the materials specified on plan: Planning Application Form; JAMES/01/1 Rev A and JAMES/01/2 Rev A