Agenda and minutes

North Western Area Planning Committee - Wednesday 18th May 2022 7.30 pm

Venue: Council Chamber, Maldon District Council Offices, Princes Road, Maldon. View directions

Contact: Committee Services  Email: committee.clerk@maldon.gov.uk

Media

Items
No. Item

55.

Chairman's notices

Minutes:

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

56.

Apologies for Absence

Minutes:

An apology for absence was received from Councillor M F L Durham CC.

57.

Minutes of the last meeting pdf icon PDF 165 KB

To confirm the Minutes of the meeting of the Committee held on 30 March 2022, (copy enclosed).

Minutes:

RESOLVED

 

(i)              that the Minutes of the meeting of the Committee held on 30 March 2022 be received.

 

Minute No. 602 – 21/00702/FUL Land North of 48 Woodrolfe Road, Tollesbury, Essex

Councillor E L Stephens highlighted how discussions at the meeting had included flooding at sea level, a highly important area.  In response the Chairman requested that the Minutes be amended to include reference to sea level flooding.  This was duly agreed.

 

RESOLVED

 

(ii)            that subject to the above amendment the Minutes of the meeting of the Committee held on 30 March 2022 be confirmed.

58.

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 Mrs J L Fleming disclosed a non-pecuniary interest as  Member of Essex County Council who were consultees.

59.

21/01208/FUL - Birchwood Farm, Birchwood Road, Cock Clarks, Essex, CM3 6RF pdf icon PDF 540 KB

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

 

Additional documents:

Minutes:

Application Number

21/01208/FUL

Location

Birchwood Farm, Birchwood Road, Cock Clarks, Essex, CM3 6RF

Proposal

Proposal for the erection of a new storage building for specialist packaging and equipment for Maldon Oyster Company

Applicant

Mr and Mrs Emans – Maldon Oyster Company

Agent

Mrs Elizabeth Milne – Whirledge and Nott

Target Decision Date

15.04.2022

Case Officer

Kathryn Mathews

Parish

Purleigh

Reason for Referral to the Committee / Council

Departure from the Local Development Plan

 

It was noted from the Members’ Update that the wording of recommended condition 16 had been amended.

 

Following the Officers presentation, an Objector Mr Stokes, and the Applicant, Mr Emans addressed the Committee.

 

A lengthy discussion ensued regarding access to Birchwood Farm through Chimney Pot Lane by Heavy Goods Vehicles (HGVs), as well as hedge screening and Officers’ provided clarification in respect of the issues raised.  Councillor S White proposed that the application be approved as per the Officers’ recommendation.  This was duly seconded.

 

There was some discussion regarding screening on the site and Councillor R H Siddall proposed that trees be planted as part of the proposed screening, including oak, sycamore, willow birch and other English trees.

 

The Chairman moved the Officers’ recommendation of Approval with an amendment to condition 5 to enhance the screening of the development, an amendment to condition 16 as set out in the Members’ Update and the addition of an informative regarding the access to / from the site by HGVs.  Upon a vote being taken this was duly agreed.

 

RESOLVED that this application be APPROVED subject to the conditions set out in the report, duly amended as detailed above with the addition of information regarding access to the site in consultation with the Chairman of the Committee.

60.

21/01253/FUL - Walden Cottage, 58 Walden House Road, Great Totham, Essex, CM9 8PN pdf icon PDF 468 KB

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

 

Minutes:

Application Number

21/01253/FUL

Location

Walden Cottage 58 Walden House Road Great Totham CM9 8PN

Proposal

Replacement dwelling with detached garage, landscaping and extension of garden land.

Applicant

Mankelow - Bradley David Developments

Agent

Mr Fred McKennon - CITIGROUP

Target Decision Date

17.02.2022 EOT 01.04.2022

Case Officer

Cris Lancaster

Parish

GREAT TOTHAM

Reason for Referral to the Committee / Council

Member Call In by Councillor J V Keyes

Reason: Sustainability and policies S1, H1 and D1

 

Following the Officers’ presentation, the Agent, Mr McKennon addressed the Committee.

 

A lengthy debate ensued.  In response to a question the Specialist: Development Management advised that the reason for refusal related purely to the proposed garden extension. 

 

Councillor R H Siddall proposed that the Officers’ recommendation of refusal be agreed.  This proposal was duly seconded.  Following further discussion and a vote being taken the Chairman declared that Councillor Siddall’s proposal was lost.

 

Councillor S White proposed that the application be approved, contrary to Officers’ recommendation.  This proposal was duly seconded.  Members discussed reasons for approval and Councillor White proposed that reasons should relate to there already being a dwelling on the site, the additional garden area proposed being in residential use for 17 years, the proposed development fitting into the streetscene, no harm being caused, the development being more attractive than that which exists and the previous objections having been overcome by making the garden area smaller.  These reasons were duly seconded. 

 

Further debate ensued during which concern was raised regarding the precedent which could be set.

 

The Chairman put the proposal in the name of Councillor White to the Committee with conditions delegated to Officers.  Upon a vote being taken this was agreed.

 

RESOLVED that this application be APPROVED for the reasons detailed above and conditions to be agreed by Officers in consultation with the Chairman of the Committee.

61.

22/00414/FUL - Jechs Barn, Crouchmans Farm Road, Ulting, Essex, CM9 6QT pdf icon PDF 429 KB

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

 

Additional documents:

Minutes:

Application Number

22/00414/FUL

Location

Jechs Barn, Crouchmans Farm Road, Ulting, CM9 6QT

Proposal

Change of use of land to residential and single storey side extension

Applicant

Mrs Jo Witney

Target Decision Date

12.05.2022

Case Officer

Nicola Ward

Parish

ULTING

Reason for Referral to the Committee / Council

Member Call In

Councillor S J N Morgan has called in the application for the following policy reasons: LDP S1, S7, S8, D1 and H7

 

It was noted from the Members’ Update that seven letters of support had been received.  The Senior Caseworker advised that since publication of the report and Members’ Update, Langford and Ulting Parish Council had submitted comments in support of the application.  Environmental Health and Essex County Council Highways had not raised any objections.  Following the Officers’ presentation, the applicant, Mrs Witney addressed the Committee.

 

In response to discussions, Officers explained to Members the reasons for the recommendation of refusal outlining how each application was assessed on its own merit and how it was felt the proposal would be urbanisation of the land.

 

Councillor S White proposed that the application be approved, contrary to Officers’ recommendation, as she felt the proposal was effective use of the land, tied in with rural polities, a welcome improvement to the street scene and of good design.  She felt that on balance the benefits outweighed the harm to allow a local family to stay in the location.  This proposal was duly seconded.

 

Further debate ensued and in response to questions Officers provided the Committee with further information / clarification. 

 

There was some discussion regarding removal of the barn on site as further justification for the improvement to the site by the development proposed and the Committee were advised by the Lead Specialist Development Management that this was not part of the application before them.  It was stated a precedent could be set as a decision to approve would effectively change the use of the whole of the site to residential

 

Following this Councillor White revised her reasons for approval proposing that the land was not suitable for farming and therefore the proposal was an effective use of the land and that the scale, mass and bulk of the extension would be in keeping with area.  This amendment was duly seconded.

 

The Chairman put the proposed approval to the Committee and upon a vote being taken this was agreed.  It was further agreed that standard conditions should be applied to the approval and agreed between Officers and the Chairman of the Committee.

 

RESOLVED that this application be APPROVED for the reasons detailed above and subject to conditions to be agreed between Officers and the Chairman of the Committee.

62.

22/00048/MLA - Land Opposite 34, Hall Road, Great Totham, Essex pdf icon PDF 437 KB

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

 

Additional documents:

Minutes:

Application Number

22/00048/MLA

Location

Land Opposite 34 Hall Road, Great Totham, Essex

Proposal

Variation of Section 52 Agreement (mal/408/84) dated 10/10/84 relating to land at the rear of Seagers and Millways

Applicant

Smart Planning Limited

Agent

 

Target Decision Date

08/03/2022

Case Officer

Hannah Bowles

Parish

MALDON NORTH

Reason for Referral to the Committee / Council

 No scheme of delegation applies.

 

Members’ attention was drawn to the Members’ Update which had been circulated prior to the meeting and detailed a revision to the proposed recommendation.  This was duly noted.

 

Following a brief discussion, Councillor R H Siddall proposed that the request be agreed.  This was duly seconded and upon a vote being taken it was agreed.

 

RESOLVED that the applicant’s submission is treated as a request to voluntarily vary the existing Section 52 Agreement relating solely to the area edged red on planning permission MAL/FUL/20/0428 and the request be AGREED.