Agenda and minutes

The Chairman welcomed everyone present and went through some general housekeeping arrangements for the meeting.

Apologies for absence were received from Councillors M F L Durham, CC and K W Jarvis.

To confirm the Minutes of the meeting of the Committee held on 8 September 2021 (copy enclosed).

RESOLVED by assent that the Minutes of the meeting of the Committee held on 8 September 2021 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).

It was noted that all Members had a non-pecuniary interest in Agenda Item 7 - 21/00824/OUT - Five Corners Maypole Road Wickham Bishops CM8 3NW as they knew the late Councillor Rodney Bass.

Councillor Miss S White had a non-pecuniary interest in Agenda Item 7 - 21/00824/OUT - Five Corners Maypole Road Wickham Bishops CM8 3NW as the agent had completed work for her in the past.

Councillor Mrs J L Fleming declared a non-pecuniary interest as a Member of Essex County Council, a statutory consultee on all planning related matters and Agenda item 5 - 21/00693/OUT - Golf Driving Range Burnham Road Woodham Mortimer as she knows the parties involved. She advised the Committee she would not speak or vote on this item of business.

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

Prior to the presentation it was verbally reported that subsequent to the circulation of the Members’ Update the applicant had requested that their application be deferred to the next North Western area planning meeting, however the Officer stated that it was considered reasonable for the determination of the application to proceed as there had been no considerations brought to the Officers attention, or any considerations that would materially affect the report being considered.  Following the Officer’s presentation, the Chairman opened the debate.

At this point the Lead Specialist: Development Management confirmed that the application under consideration was not a brownfield site.

Councillor Siddall raised concerns about the density of the development, the absence of a completed Section 106 agreement or any contributions and the fact that there was no affordable housing allocated. The Officer advised that the applicant had indicated a willingness to provide affordable units but in the absence of a legal agreement the committee deemed that not good enough.

Councillor Siddall then proposed that the application be refused in accordance with the Officer’s recommendation. This was duly seconded by Councillor Keyes.

The Chairman put Councillor Siddall’s proposal to the Committee and upon a vote

being taken it was agreed.

RESOLVED that the application be REFUSED for the following reasons:

1.       The application site is in an unsustainable and rural location and remote from

essential support facilities and community services; is inaccessible by a range of

transport modes and is located where the need to travel would be maximised and the use of sustainable transport modes would be minimised and would therefore represent an unsustainable form of development, failing in relation to the social strand of sustainability. Therefore, the proposal conflicts with the National Planning Policy Framework's "presumption of sustainable development" and policies S1, S8 and T2 of the Maldon District Local Development Plan.

2.       The proposed development would fundamentally alter the open character of the

south western edge of the village. The provision of twenty-five unjustified

residential dwellings on this site currently used as golf driving range / pitch and

putt would fail to provide visual enhancement to the wider rural locality,

representing the encroachment of built form into the rural site and sprawl of

development into the countryside. The layout of the access road is in stark

contrast to the existing development  ...  view the full minutes text for item 317.

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

A Members’ Update had been circulated prior to the meeting that detailed further representation received from Cold Norton Parish Council.

Following the officer’s presentation, the Chairman opened the debate. Councillor

Siddall proposed that the application be approved in accordance with the Officer’s recommendation. This was duly seconded.

The Chairman put the proposal to the committee and the application was approved.

RESOLVED that the 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 herby permitted shall be carried out in accordance with the following approved plans and documents: 666/1A and 666/2A.

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 Service Delivery (copy enclosed, Members’ Update to be circulated)*.

A Members’ Update had been circulated prior to the meeting to correct the name of the Councillor on the Member Call In and advise that further representations had been received from interested parties.

Councillor Keyes opened the debate and advised Members that he had called in the application as it was a departure from the Local Plan. He also raised concerns about the heavy development on Maypole Road.

In response to comments raised, the Lead Specialist: Development Management reminded Members that they were commenting on an indicative site plan. He advised that any considerations would need to be made under a detailed application.

Councillor White proposed that the application be approved in accordance with the Officer’s recommendation. This was duly seconded by Councillor Keyes.

The Chairman put Councillor White’s proposal to the Committee and upon a vote

being taken it was agreed.

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

APPROVE subject to the applicant entering into a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, securing a necessary financial contribution towards Essex Coast Recreational disturbance Avoidance and Mitigation Strategy and subject to conditions as detailed in Section 8.

·        Financial contribution in respect of RAMS of £127.30, required to mitigate the impact of the new residential property.

1.     Details of the appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved. 

2.     Application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission. 

3.     The development hereby permitted shall begin no later than two years from the date of approval of the last of the reserved matters to be approved. 

4.     The development hereby permitted shall be carried out in accordance with the following approved plans: 1201/01, 1201/02 A, 1201/03 A and 1201/04. 

5.     Areas within the curtilage of the site for the purpose of loading / unloading / reception and storage of building materials and manoeuvring of all vehicles, including construction traffic shall be provided clear of the highway.

6.     Prior to occupation of the development the vehicular access shall be constructed at right angles to the highway boundary and to the existing carriageway as shown on the Block Plan Layout drawing 1201/03 A.  The width of the access at its junction with the highway shall not  ...  view the full minutes text for item 319.