Agenda and draft minutes

North Western Area Planning Committee - Wednesday 11th January 2023 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

460.

Chairman's notices

Minutes:

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

461.

Apologies for Absence

Minutes:

Apologies for absence were received from Councillors C P Morley, E L Stephens and Mrs M E Thompson.

462.

Minutes of the last meeting pdf icon PDF 129 KB

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

Minutes:

RESOLVED that the Minutes of the meeting of the Committee held on 30 November 2022 be approved and confirmed.

 

463.

Disclosure of Interest

To disclose the existence and nature of any Disclosable Pecuniary Interests, Other Registrable interests and Non-Registrable Interests relating to items of business on the agenda having regard to paragraph 9 and Appendix B 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 S J N Morgan and J V Keyes declared a non-pecuniary interest in Agenda Item 6 as they were both frequent patrons of the farm shop.

464.

22/00499/FUL - Land rear of Hawthorns, Braxted Park Road, Great Braxted, Essex pdf icon PDF 331 KB

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

Minutes:

Application Number

22/00499/FUL

Location

Land rear of Hawthorns, Braxted Park Road, Great Braxted, Essex.

Proposal

Erection of twelve stables (6 stables for hobby use and 6 stables for commercial use) including tack and hay store incorporating permissive farm rides to connect to highway and bridle network.

Applicant

Mr John and Mr Jim Purdy.

Agent

Mr Russell Ford, Smart Planning

Target Decision Date

21.12.2022

Case Officer

Lisa Greenwood

Parish

Great Braxted

Reason for Referral to the Committee / Council

Member Call in by Councillor J V Keyes.

Policies S1, E1 and D1.

 

Following the Officer’s presentation the Agent, Mrs Alice Quinn, addressed the Committee. The Chairman then opened the discussion.

 

A debate ensued regarding the issue of change of use. Some Members felt that the application was linked to existing use therefore it did not require a separate change of use application whilst others felt it was a clear change of use from agriculture to equestrian. Officers advised that whilst the principle of the proposal was supported, it was clear it required a change of use application which was a legal change under Planning Law therefore approval of this application could create a precedent resulting in  further applications that ignored the legal requirement.

 

After some further discussion Councillor White proposed that the application be approved contrary to the Officer’s recommendation for the reasons that it complied with Policy E4 and would encourage economic growth in the area and this was duly seconded. The Chairman put the proposal to approve contrary to the Officer’s recommendation to the Committee and it was carried.

 

RESOLVED that the application be APPROVED for the aforementioned reasons and with standard conditions delegated to Officers in consultation with the Chairperson and Ward Members.

465.

22/00822/FUL - Lawns Farm, 29 Plains Road, Great Totham, Essex, CM9 8DT pdf icon PDF 411 KB

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

Minutes:

Application Number

22/00822/FUL

Location

Lawns Farm, 29 Plains Road, Great Totham, Essex, CM9 8DT

Proposal

Proposed stables, tack room and feed and machinery store building.

Applicant

Mr Thomas Gregan

Agent

Mr Anthony Cussen - Cussen Construction Consultants

Target Decision Date

21.11.2022

Case Officer

Nicola Ward

Parish

PURLEIGH

Reason for Referral to the Committee / Council

Member Call-in by Councillor J V Keyes citing Policy E4 and E6

 

Following the Officer’s presentation the Agent, Mr Tony Cussen, addressed the  Committee. The Chairman then opened the discussion.

 

A brief debate ensued regarding the reasons for refusal of the application. Some Members felt that the only pertinent reason for refusal was around highway safety which was paramount. Councillor White proposed that the application be refused in accordance with the Officer’s recommendation but for highway safety reasons only and this was seconded. Councillor Siddall raised concerns around the large scale design and the fact that there was no intrinsic link between the development and the farmhouse. He proposed that the application be refused in accordance with the Officer’s recommendation and the reasons as outlined in section 8 of the report namely the bulk and scale together with the highway safety issue. This was  duly seconded by Councillor Fleming.

 

Officers advised that there was no functional link to the site, full justification for the development and use had not been provided and the scale would cause harm to the rural character of the area.

There being no further discussion the Chairman put the first proposal by Councillor White to refuse the development on the grounds of highway safety alone to the Committee and it was carried.

 

RESOLVED that the application be REFUSED for the following reason only:

 

1.               The standard vehicular visibility splays of 2.4m x 215m required for accesses

as measured from and along the nearside carriageway edge, have not been provided.  The lack of suitable visibility from the proposed access for both emerging and approaching vehicles would result in an unacceptable degree of hazard to all road users to the detriment of general highway safety contrary to policies D1 and T2 of the Maldon District Local Development Plan and the guidance contained within the National Planning Policy Framework.

466.

22/00931/FUL - 9 Cherry Blossom Lane, Cold Norton, Essex CM3 6JQ pdf icon PDF 378 KB

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

Minutes:

Application Number

22/00931/FUL

Location

9 Cherry Blossom Lane Cold Norton Essex CM3 6JQ

Proposal

Construction of detached three bedroom bungalow with associated vehicular access, hardstanding and landscaping.

Applicant

Mr Penny - Penny Homes Ltd

Agent

Andrew Pipe - Andrew Pipe Associates

Target Decision Date

11.01.2023 (EOT requested until 18.01.2023)

Case Officer

Lisa Greenwood

Parish

COLD NORTON

Reason for Referral to the Committee / Council

Not Delegated to Officers as Departure from Local Plan

Member Call-in by Councillor S White citing Policy D1

 

Following the Officer’s presentation the Chairman opened the discussion. A brief debate ensued and the consensus was to approve the application together with an additional condition that Electric Vehicle (EV) charging points be included in the development.

 

There being no further discussion the Chairman put the Officer’s recommendation to approve the application to include EV charging points to the Committee and it was carried.

 

RESOLVED that the application be APPROVED subject to the following conditions and the aforementioned additional condition around EV charging points:

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 approved drawings: 22.663 01; 22.663 02 Rev A; 22.663 03 Rev B; 22.663 04 Rev B

3.         No works above ground level shall take place until written details of the proposed materials to be used in 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 development above slab level shall take place until details of all hard and soft landscape works and means of protecting the existing hedges at the site that are to be retained during the course of development have been submitted to and approved in writing by the local planning authority.

The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the occupation of any part of the development hereby approved unless otherwise agreed in writing by the local planning authority. If within a period of five years from the date of the planting of any tree or plant, or any tree or plant planted in its replacement, is removed, uprooted, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree or plant of the same species and size as that originally planted shall be planted in the same place, unless the local planning authority gives its written consent to any variation.

 

The hard landscape works shall be carried out as approved prior to the first use / occupation of the development hereby approved and retained and maintained as such thereafter.

5.         No works above ground level shall take place until details of the siting, height, design and materials of the treatment of all boundaries including existing hedging, gates, fences, walls, railings and piers have been  ...  view the full minutes text for item 466.