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 E L Bamford.

To confirm the Minutes of the meeting of the Committee held on 8 July 2019 (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 8 July 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 J V Keyes declared a non-pecuniary interest as he was a Member of Great Totham Parish Council.  A further non-pecuniary interest was declared in Agenda Item 9, FUL/MAL/19/00674 - Birchwood Farm, Birchwood Road, Cock Clarks as he had previously conducted business with the Applicant.

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 C P Morley declared a non-pecuniary interest in Agenda Item 9, FUL/MAL/19/00674 - Birchwood Farm, Birchwood Road, Cock Clarks as he knows the applicant.

Following the Members declaration of interests, the Chairman advised the Committee that Councillor K W Jarvis was yet to undergo his training and therefore not able to vote on any item.

Councillor K W Jarvis requested that it was noted in the minutes that he was disappointed in Maldon District Council as, despite ongoing correspondence, no training opportunity had been presented to him.  He continued, saying that this prevented him fulfilling his role as an elected official; this comment was supported by other Members of the Committee.

In response to Councillor K W Jarvis’s comments the chairman advised that she would relay this information to the Leader.

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

Following the Officer’s presentation, Mr Robert Nash, the Applicant, addressed the Committee.

Councillor Mrs P A Channer joined the meeting during this item of business.

Councillor Miss S White, opening the discussion, queried why the application was up for refusal given the countryside location and the fact that competition horses require little land for grazing. 

Members queried the need for an annex, when its intended use could be met by the main dwelling.  Councillor Miss S White proposed that the application be approved as there was a potential need for an annexe as, if tied to the use of stables, there would be no adverse impact to the countryside.  She further suggested that a condition be added to ensure the annexe was not sold separately to the main dwelling.  This was duly seconded.

The Lead Specialist Place advised that the building proposed was that of a works dwelling to support the business rather than an annexe, as it was materially different to and independent of the main dwelling.  It was agreed that were the motion to approve the application be carried that conditions be delegated to Officers, in consultation with both the Chairman and Councillor Miss White.

The Chairman put the proposal to approve the application, contrary to the Officer’s recommendation with conditions to be agreed subsequent to the meeting, in consultation with the Chairman and Officers.  Upon a vote being taken the application was approved.

RESOLVED that the application be APPROVED with conditions to be determined subsequent to the meeting as above.

Councillor Mrs P A Channer apologised for her late arrival to the meeting, and declared a non-pecuniary interest in all agenda items 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 Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

Councillor J V Keyes declared a non-pecuniary interest in the application as he occasionally frequents The Bell Public House as a patron.

The Chairman drew the Committees attention to the Members’ Update which confirmed the withdrawal of this application.

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

The Officers presented their report to the Committee, after which a brief discussion ensued acknowledging that this was an extension of a prior application and that there had been no relevant changes to legislation within that period.

Councillor M F L Durham proposed that the application be approved in accordance with the Officer’s recommendation, which was duly seconded.  Upon the Chairman putting the proposal to the Committee, a vote was taken, and the application was approved.

RESOLVED that the application be APPROVED in accordance with 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: 16.3347/L401, 0423/000 Rev A, 0423/024 Rev A, 0423/007 Rev A, 0423/006 Rev A, 0423/005 Rev A, 0423/004 Rev A, 0423/046, 0423/042 Rev A, 0423/043 Rev B, 0423/045, 0423/038 Rev A, 0423/039 Rev A, 0423/040 Rev A, 0423/041 Rev A, 0423/034 Rev B, 0423/022 Rev B, 0423/021 Rev B, 0423/020 Rev B, 0423/021 Rev B, 0423/0012 Rev C, 16.3347/M006, 16.3347/M007, 16.3347/M008, 0423/030 Rev A, 0423/029 Rev A, 0423/028 Rev B, 0423/027 Rev A,    0423/025 Rev A, 0423/026 Rev A, 0423/044, 16.3347/L401.  REASON: In order to ensure that the development is carried out in accordance with the approved details.

3          No development above ground level shall take place until details or samples of all materials to be used in the construction of the external surfaces of 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 works above ground level shall occur until detailed plans of any alterations to the levels of the site have been submitted to and approved in writing by the local planning authority. The development shall be undertaken in accordance with the scheme as approved. 

5          No works above ground level shall take place until full details of both hard and soft landscape works to be carried out have been submitted to and approved in writing by the local planning authority. These details shall include the layout of the hard landscaped areas with the materials and finishes to be used and details of the soft landscape works including schedules of shrubs and trees to be planted, noting the species, stock size, proposed numbers/densities and details of the planting scheme's implementation, aftercare and maintenance programme. The hard landscape works shall be carried out as approved prior to the beneficial occupation of the development hereby approved unless otherwise first agreed in writing by the local planning authority.  The soft landscape works shall  ...  view the full minutes text for item 328.

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, advising that this was a retrospective application which included pictures of the dwelling.  The Chairman advised the Committee that the reports contained an error and that the applicant should be showing as Mr Keith Whitelock with Mr Terry Burton as the agent.

Speaking on behalf of the neighbours Ms Alicia Lai, an Objector, and Mr Keith Whitelock, the Applicant, addressed the Committee.

Councillor K W Jarvis opened the discussion informing the Committee that he had visited the property, and that the extension contradicted D1 of the Local Development Plan (LDP) as it impacted the neighbour’s amenities, was overbearing, and caused a loss of light to their property.

A lengthy discussion followed where both Members and Officers made comment that they were not enthused by retrospective applications.  An acknowledgement of the previous conservatory was made, with the dimensions of the new extension and roof, and the distance from the neighbouring property was considered.  For clarification, the Lead Specialist Place advised Members that there was a need for a retrospective application due to the projection of the upper rear extension being over 50% of the existing dwelling.

Councillor Mrs J L Fleming proposed that the application be deferred to allow time for a site visit to be organised, and this was duly seconded.

The Chairman then put Councillor Mrs Fleming’s proposal to the Committee, and upon a vote being taken the deferral was agreed.

RESOLVED that the application be DEFERRED.

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, making reference to the Members’ Update which advised of a representation being received in objection to the application.   After which Mr Richard Emans, the Applicant, addressed the Committee.

Councillor Miss S White opened discussion on the application noting that it complied with the Local Development Plan (LDP) and the Corporate Plan.  Further comments were made on how drainage could be conditioned, and that the structure would be hidden from view once built as it was set back from the road.

Councillor Miss S White then went on to propose that the application be approved, contrary to the Officer’s recommendation, with conditions to the water and drainage at the site.  This was duly seconded.

A further discussion ensued with Members commenting on how the prospective building would be in keeping with those already in situ, the site was immaculately kept and, in addition to the support this would offer this local business, the benefits gained from the application would outweigh any detriment to the countryside.

Due to the complex nature of the application the Committee agreed to consider the proposal with any conditions to be delegated to Officers in consultation with the Chairman subsequent to the meeting.

The Chairman then put the proposal to approve, subject to conditions, to the Committee and upon a vote being taken the application was approved.

RESOLVED that the application be APPROVED subject to delegated conditions

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 a brief discussion ensued with Members making reference to the site being ancient woodland.

The Chairman proposed the Officer’s recommendation to confirm the Tree Preservation Order (TPO).  Upon the proposal being put to a vote the TPO was confirmed.

RESOLVED that the Tree Preservation Order (TPO) be confirmed.