Agenda and minutes

North Western Area Planning Committee - Wednesday 29th July 2020 1.00 pm

Venue: Members to access the meeting via Teams. Members of the press & public may listen to the live stream on the Council's website: https://democracy.maldon.gov.uk/ieListDocuments.aspx?CId=150&MId=2145

Contact: Committee Services 

Media

Items
No. Item

1090.

Chairman's notices

Minutes:

The Chairmanwelcomedall to the meetingandtook Members through some generalhousekeepingissuestogetherwiththe etiquettefor the meeting. Shethen asked Officers

present tointroducethemselves.

 

This was followed by a roll call of all Members present.

1091.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors J V Keyes and C P Morley.

1092.

Minutes of the last meeting pdf icon PDF 134 KB

To confirm the Minutes of the meeting of the Committee held on 1 July 2020, (copy enclosed).

Minutes:

RESOLVED that the Minutes of the meeting of the Committee held on 1 July 2020 be approved and confirmed.

 

 

1093.

Disclosure of Interest

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).

 

Minutes:

Councillor M F L Durham, CC, declared a non-pecuniaryinterest as amember of Essex County Council, aconsultee on planningapplication matters with respect generally tohighways, matters ofaccess and education primarily

 

Councillor  R H Siddall declared a non-pecuniary interest in Agenda item 5- 20/00490/FUL-Land At The Summer House, Back Lane, Wickham Bishops, as his mother lived on Back Lane. He advised he would not take part in the discussion or the vote but would remain in the meeting.

 

Councillor K W Jarvis declared a non-pecuniary interest in Agenda Item 5 - 20/00490/FUL- Land At The Summer House, Back Lane, Wickham Bishops, as a Parish Councillor on Wickham Bishops Parish Council.

 

 

1094.

20/00490/FUL - The Summer House, Back Lane, Wickham Bishops pdf icon PDF 805 KB

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

Additional documents:

Minutes:

Application Number

20/00490/FUL

Location

Land At The Summer House Back Lane Wickham Bishops

Proposal

Erection of 1No. dwelling (amendment to planning permission ref. RES/MAL/16/01475)

Applicant

Mr D Brown

Agent

Mr Jonathan Brown - Reeve Brown

Target Decision Date

14.07.2020 EOT requested

Case Officer

Hannah Bowles

Parish

Wickham Bishops

Reason for Referral to the Committee / Council

Member call in from Cllr Jarvis Reason: The proposed development looks far too large for the plot, appears to be back-garden development and is outside the LDP. I believe that’s policies S1 and D1. This would merit debate, before one could conclude on a recommendation.

 

A Members’ Update was received detailing an additional letter together with comments from interested parties and statutory consultees.

 

Following the Officer’s presentation, the Chairman addressed three public participation submissions, one from an Objector, David Pearl, the second from the Parish Town Council representative Ian Wardrop and a final submission from the Agent, Jonathan Brown.

 

The Chairman moved the Officer’s recommendation as set out in the report that planning application 20/00490/FUL Land At The Summer House, Back Lane, Wickham Bishopsbe approved subject to the conditions as detailed in Section 8 of the report. This was not seconded.

 

Councillor Jarvis then proposed that the application be refused. He said that whilst it was accepted that outline planning permission had been granted it was for a much smaller dwelling, this application represented a much larger dwelling taking into account the increase in ridge height and addition of a garage. He also felt that the property did not fit the street scene in that part of the village.

 

A debate ensued where some Members found the changes acceptable and others raised a number of questions around the new modifications including whether this represented a new application. The Lead Specialist Place advised that this was a new application to address the required modifications. The application allowed at appeal was outline in nature and that there was nothing in the Inspector’s decision to suggest a prejudice against a garage being added in the future. He reminded Members that the Committee needed to determine if the changes, material or otherwise, constituted harm.

 

At this point Councillor Durham seconded Councillor Jarvis’ proposal to refuse the application.

 

The Lead Specialist: Development Management referring to previous comments from Officers, said that given the extent of the changes requested and in light of the Inspector’s comments, it would be very difficult to defend a refusal of permission.

The Chairman then moved Councillor Jarvis’ proposal and asked for reasons for refusal. Councillor Jarvis reasoned that the main objections were the increase in ridge height and extended floorspace as a result of the addition of the garage.

 

The Chairman put the proposal to refuse the application, contrary to the Officer’s recommendation, to the Committee. Upon a vote being taken there was an equality of votes. The Chairman used her casting vote and the proposal was lost.

 

The Chairman then put the Officer’s recommendation to approve the application to the Committee. Upon  ...  view the full minutes text for item 1094.

1095.

20/00499/OUT - Land Adjacent to Old Wheatsheaf, The Street, Stow Maries pdf icon PDF 592 KB

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

Minutes:

Application Number

20/00499/OUT

Location

Land adjacent to Old Wheatsheaf, The Street, Stow Maries

Proposal

Outline application with all matters reserved for a new detached dwelling

Applicant

Mr N Brown

Agent

Mr P Harris

Target Decision Date

31.07.2020

Case Officer

Hayleigh Parker-Haines

Parish

STOW MARIES

Reason for Referral to the Committee / Council

Member Call In – Councillor. White – Public Interest, Effect on the Countryside, Highways and Streetscene

 

Following the Officer’s presentation, the Chairman moved the Officer’s recommendation as set out in the report that planning application 20/00499/OUT, Land adjacent to Old Wheatsheaf, The Street, Stow Maries be refused for the reasons outlined in section 8 of the report.  This was seconded by Councillor Miss S White.

 

It was noted that Councillor Durham would not partake in the vote as due to connectivity issues he missed the presentation. There being no further discussion the Chairman put the Officer’s proposal to refuse the application to the Committee. Upon a vote being taken the application was refused.

 

RESOLVED that the application be REFUSED for the following reasons:

 

1.         The application site lies outside of the defined settlement boundaries where policies of restraint apply.  The Council can demonstrate a five year housing land supply to accord with the requirements of the National Planning Policy Framework.  The site has not been identified by the Council for development to meet future needs for the District and does not fall within either a Garden Suburb or Strategic Allocation for growth identified within the Maldon District Local Development Plan to meet the objectively assessed needs for housing in the District.  The proposed development would substantially alter the character of the area and have an unacceptable visual impact on the countryside through the urbanisation and domestication of the site and by eroding the visual gap between Fourways and the farm buildings, including the listed barn to the north.  Furthermore, the site is located in an unsustainable location that would result in future occupiers being heavily reliant on the use of a private motor vehicle.  The development would therefore be unacceptable and contrary to policies S1, S8, D1 and H4 of the Maldon District Local Development Plan (2017) and Government advice contained within the National Planning Policy Framework (2012).

 

2.             In the absence of a completed legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, the necessary financial contribution towards Essex Coast Recreational disturbance Avoidance and Mitigation Strategy has not been secured.  As a result, the development would have an adverse impact on the European designated nature conservation sites, contrary to Policies S1, D1, N1 and N2 of the Maldon District Local Development Plan and the NPPF.

 

1096.

Any other items of business the Chairman decides are urgent

Minutes:

There was none, and the Chairman took the opportunity to thank all concerned for their input.