Agenda and minutes

North Western Area Planning Committee - Wednesday 10th January 2024 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

410.

Chairperson's notices

Minutes:

The Chairperson welcomed everyone to the meeting and went through some general housekeeping arrangements for the meeting.

411.

Apologies for Absence

Minutes:

An apology for absence was received from Councillor R H Siddall and, in addition, the Chairperson welcomed two ‘in attendance’ Members Councillors K M H Lagan and N D Spenceley.

412.

Minutes of the last meeting pdf icon PDF 138 KB

To confirm the Minutes of the meeting of the Committee held on 6 December 2023, (copy enclosed).

Minutes:

RESOLVED that the Minutes of the meeting of the Committee held on 6 December 2023 be approved and confirmed.

 

413.

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 M F L Durham declared an other registrable interest in that he was currently Chairman of ‘Visit Essex which was non-pecuniary.

414.

23/00920/FUL - The Granary, Chigborough Farm, Chigborough Road, Little Totham, Essex pdf icon PDF 462 KB

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

Additional documents:

Minutes:

 

Application Number

23/00920/FUL

Location

The Granary, Chigborough Farm, Chigborough Road, Little Totham, Essex

Proposal

Section 73a application for change of use of agricultural building to a cafe (Class E use) and provision of associated car parking.

Applicant

Mr P Tallowin

Agent

Miss Kate Jennings – Whirledge & Nott

Target Decision Date

15.01.2024

Case Officer

Kathryn Mathews

Parish

LITTLE TOTHAM

Reason for Referral to the Committee / Council

Member Call In

·        Councillor M FL Durham CC – Reason: Policy E4 and E5 relate to this application.

·        Councillor K M H Lagan - Reasons: Based on the high level of support that indicates that there is no material harm caused by granting this application and I believe that the adverse impact of granting planning permission would not significantly and demonstrably outweigh the benefits of the development. The cafe is a huge benefit to local tourism and local residents and supports generation of tourism in general to the area. It is therefore not contrary to policies D1 and T2 of the MDC local plan and the NPPF (due to the long-standing buildings and access to the site) and supports the policies and objectives of our LDP Policies S7, E5,E1 and D3.

 

Prior to the Officer presentation the Chairperson advised the Committee that he was changing the order of the agenda to accommodate the interest of members of the public present, and would start with Item 6 on the agenda. It was noted that a Members’ Update had been circulated prior to the meeting that provided further information on planning policies together with additional representations including a large number of letters of support. Following the Officer’s presentation the Applicant, Mr Tallowin, addressed the Committee. The Chairperson then invited Councillors Lagan and Spenceley, both ‘in attendance’ Members, to address this item under the Council’s Procedure Rule 18 for Members.

 

Before opening the debate, the Chairperson commented that this was a well established camping site and the café was an ancillary use. He stressed the need to support the development and expansion of both rural and town businesses where there was adequate demand. Councillor Morgan then proposed that the application be approved, contrary to the Officer’s recommendation, and this was seconded by Councillor White on the basis that it complied with policies S1, S7, E4 and E5 of the Local Development Plan (LDP).

 

In response to issues raised Officers advised that to conclude the application was ancillary would require a more information on the part of the applicant. Further, whilst there were elements in both the LDP and National Planning Policy Framework (NPPF) to support the application there were other significant elements within the LDP that it did not comply with, therefore warranting a refusal. The upcoming review of the LDP was noted and it was suggested that Members use the opportunity to review any policies that they may be dissatisfied with. The Chairperson concurred with this suggestion adding that it was important polices aligned with requirements going forward.

 

There being no further discussion and following clarification  ...  view the full minutes text for item 414.

415.

23/00894/FUL - Land Adjacent Oaklands, Kelvedon Road, Great Totham pdf icon PDF 427 KB

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

Additional documents:

Minutes:

Application Number

23/00894/FUL

Location

Land adjacent Oaklands, Kelvedon Road, Great Totham.

Proposal

Erection of four dwellinghouses and associated garages and alterations and extension of the existing access and provision of parking spaces to Pippins.

Applicant

Mr S Harding

Agent

Mr Mark Jackson

Target Decision Date

17 January 2024 (EOT agreed)

Case Officer

Lisa Greenwood

Parish

GREAT TOTHAM

Reason for Referral to the Committee / Council

Departure from Local Development Plan

 

It was noted that a Members’ Update had been circulated prior to the meeting that detailed a condition to replace condition 5 on the original Officer’s report. Following the Officer’s presentation the Agent, Mr Jackson, addressed the Committee.

 

The Chairperson opened the debate and following a brief discussion Councillor Thompson proposed that the Committee approve the application in accordance with the Officer’s recommendation and this was seconded by Councillor Morgan.

 

There being no further discussion the Chairperson put the recommendation to approve in accordance with the Officer’s recommendation to the Committee and upon a vote being taken it was agreed.

 

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

 

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 accordance with the following approved plans: WB_001 Rev PL1; WB_002 Rev PL2; WB_1003 Rev PL1; WB_102 Rev PL1; WB_004 Rev PL1; WB_101 Rev PL1; WB_003 Rev PL1; REDW-3475-116; WB_103 Rev PL1; WB_104 Rev PL1; WB_1002 Rev PL1; WB_1001 Rev PL1; HWA10753_TCP; HWA10753_TPP Rev B.

3.         The detached outbuilding associated with ‘Pippins’ hereby permitted shall only be used for those purposes ancillary and incidental to the use of the dwellinghouse, ‘Pippins’, Kelvedon Road, Great Totham, for which it is associated, and not for commercial or business purposes or as annexe accommodation.

4.         No development works above slab level shall occur until details and samples of the materials to be used in the construction of the dwelling are to be submitted and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

5.         All ground works shall be in accordance with the submitted Construction Management Plan (CMP).TheCMPshall be adheredto throughoutthe construction period unless otherwise agreed in writing bythe Local Planning Authority.

6.         No development works above ground level shall occur until details of the surface water drainage scheme to serve the development shall be submitted to and agreed in writing by the local planning authority. The agreed scheme shall be implemented prior to the first occupation of the development. The scheme shall ensure that for a minimum:

1)      The development should be able to manage water on site for 1 in 100 year events plus 40% climate change allowance.

2)      Run-off from a greenfield site for all storm events that have a 100% chance of occurring each year (1 in 1 year event) inclusive of climate change should be no higher than 10/ls and  ...  view the full minutes text for item 415.

416.

23/00952/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

23/00952/FUL

Location

9 Cherry Blossom Lane Cold Norton Essex CM3 6JQ

Proposal

Erection of 2no. bungalows including parking provision

Applicant

Mr Penny - Penny Homes Ltd

Agent

Andrew Pipe - Andrew Pipe Associates

Target Decision Date

17th January 2024

Case Officer

Lisa Greenwood

Parish

COLD NORTON

Reason for Referral to the Committee / Council

Not Delegated to Officers as Departure from Local Plan

 

 

Following the Officer’s presentation the Chairperson opened the debate. Councillor White commented that given her previous objections had now been resolved, and to the satisfaction of the Parish Council, she proposed that the application be approved in accordance with the Officer’s recommendation and this was seconded by Councillor Morgan. 

 

The Chairperson put the proposal to approve the application in accordance with the Officer’s recommendation to the Committee and upon a vote being taken it was agreed.

 

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 hereby permitted shall be carried out in accordance with the approved details and in accordance with Policy D1 of the Maldon District Local Development Plan (2017).

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 tee 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, piers, and treatment around the car parking area, have been submitted to and approved in writing by  ...  view the full minutes text for item 416.

417.

23/01003/FUL - Land at Homefield House, Witham Road, Little Braxted pdf icon PDF 459 KB

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

Minutes:

Application Number

23/01003/FUL

Location

Land at Homefield House, Witham Road, Little Braxted

Proposal

Proposed change of use of an ancillary storage shed workshop into a key worker family dwelling. Alterations to the outbuilding including changes in materials and fenestration.

Applicant

Mr and Mrs Howard

Agent

Mr Andrew Stevenson – Andrew Stevenson Associates

Target Decision Date

26/12/2024

Case Officer

Fiona Bradley

Parish

LITTLE BRAXTED

Reason for Referral to the Committee / Council

Member Call-In by Councillor S J N Morgan, citing policies S1, S7, H5, H7.

Departure from the local plan

 

Following the Officer’s presentation Mr Richardson, the Agent, addressed the Committee. The Chairperson then opened the debate.

 

Councillor Morgan, having called-in the application, proposed that the application be approved contrary to the Officer’s recommendation citing Policy S7 and section 89 of the NPPF as reasons for overturning the refusal. Both the aforementioned policy and NPPF section dealt with facilitating economic development within the villages which in his opinion this application supported. His proposal was seconded by Councillor White.

There being no further discussion the Chairperson put the proposal to approve the application, contrary to the Officer’s recommendation, subject to a Section 106 Agreement for RAMS and tying the new dwelling to Homefield House and conditions to be agreed with the Chairperson, to the Committee. Upon a vote being taken this was agreed.

RESOLVED that the application be APPROVED subject to a Section 106 Agreement for RAMS and tying the new dwelling to Homefield House and conditions to be agreed with the Chairperson.