Agenda and minutes

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

There were none.

The Chairman advised the Committee that Councillor K W Jarvis was yet to undertake Area Planning Committee Training and therefore he would be allowed to take part in discussions but not permitted to vote.

To confirm the Minutes of the meeting of the Committee held on 20 May 2019, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 20 May 2019 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 R H Siddall declared a pecuniary interest in Agenda Item 5, Totham Plains, The Street, Little Totham as he was the applicant.

Councillor J L Flemming declared a non-pecuniary interest in Agenda Item 6 – Land East of Pine Lodge, Junction Road, Cold Norton as she rents an adjacent field from Mrs P Jones, a relative, and uses the adjacent land for farming.

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.

Councillor M F L Durham, 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.

Councillor V J Keyes declared a non-pecuniary interest in Agenda Item 5 – Totham Plains, The Street, Little Totham as he sits on the Little Totham Parish Council.

The Chairman announced that all Members would have a non-pecuniary interest in Agenda Item 5 – Totham Plains, The Street, Little Totham as they were acquainted with the applicant.

Councillor R H Siddall left the meeting at 19:34.

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

The Officer presented the report to the Committee.

Councillor Keyes proposed that the application be approved as per the Officers recommendation and upon a vote being taken the application was approved.

RESOLVED That the application was 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 accordance with the following approved plans and documents: Location Plan, Block Plan, Dimensions, 18-17-D-200-00.

3          The materials used in the construction of the development hereby approved shall be as set out within the application form/plans hereby approved.

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

The Officer presented their report to the Committee, after which Miss Sarah Cook, the solicitor representing the Applicant, addressed the Committee.

A short discussion ensued where Members acknowledged that the application was not situated in a sustainable location and outside of the development boundary.  Further comments considered that the application would be detrimental to the appearance of the surrounding area.

The Chairman put the Officers recommendation of refusal to the Committee, and upon a vote being taken the refusal was agreed.

RESOLVED that the application be REFUSED for the following reasons:

1.               The proposed development, consisting of the conversion of an existing building to a dwelling and associated works, outside the defined settlement boundary of Cold Norton would cause the intensified domestication of the existing building and the application site in a manner that would fail to protect or enhance the natural beauty, tranquillity, amenity and traditional quality of the rural landscape.  The proposal would therefore fail to make a positive contribution to the locality and cause an unacceptable degree of harm to the character and appearance of the locality and represent unwarranted development within the countryside contrary to policies S1, S8, D1 and H4 of the Maldon District Local Development Plan and guidance contained in the National Planning Policy Framework and the Maldon District Design Guide (2017). 

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

Following the Officers presentation Members debated the merits and detriments of the new Tree Preservation Order (TPO). 

Members considered whether sale of a portion of land was an appropriate trigger, with the majority of the Committee acknowledging the amenity value of the trees.  Further discussion ensued over the boundary selected by the Officers and acknowledging the proximity to the road. 

The Chairman put the Officers recommendation to confirm the TPO to the Committee and upon a vote being taken the TPO was granted.

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