Agenda and minutes

The Chairperson welcomed everyone present and went over some general housekeeping arrangements for the meeting.

There were none.

To confirm the Minutes of the meeting of the Committee held on 21 June 2023, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 21 June 2023 be approved and confirmed.

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).

There were none.

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

Following the Officers presentation, Mrs L Beales, an Objector, addressed the Committee. The Chairperson opened the floor for debate.

Councillor M E Thompson proposed to refuse the application in accordance with the Officer’s recommendation, this was duly seconded.

Following a brief discussion, the Chairperson put the proposal to refuse the application to the Committee and when put to a vote was agreed.

RESOLVED that the application be REFUSED for the following reasons:

1.         The site is located outside of a defined settlement boundary where rural policy constraints apply.  By virtue of the layout of the existing built form and the relationship of the site to the development to the north, south, and east of the site, the excessive height of the dwellings proposed, and the introduction of a new access road, parking areas, and domestic paraphernalia, the development would appear as a visually prominent and incongruous form of development that would urbanise the site and cause harm to the intrinsic character and beauty of the open countryside. The proposal has not considered the context within which it will sit, and a development of this quantum is not acceptable. The proposal is therefore contrary to Policies S1, S2, S8, D1 and H4 of the Maldon District Local Development Plan (2017), Policies GT01 and GT02 of the Great Totham Neighbourhood Development Plan (2022), and the policies and guidance contained in the National Planning Policy Framework (2021).

2.         The cumulative Gross Internal Area of the proposed dwellings and garages exceeds 1000 square metres. All developments of more than 1000 square metres will be expected to contribute towards affordable housing. The proposal is for 9no. market dwellings and does not provide for any affordable units. The proposal is therefore contrary to Policy H1 of the Maldon District Local Development Plan (2017), the Council’s Affordable Housing Supplementary Planning Document (2019), and the policies and guidance contained in the National Planning Policy Framework (2021).

3.         The proposal has been found to cause less then substantial harm to the significance of Poplar Grove Farmhouse, a grade II listed building, through the urbanisation of one of the last remnants of its agricultural setting. In accordance with Paragraph 202 of the NPPF (2021), such harm must be weighed against the public benefits of the proposal. The public benefits of the scheme do not outweigh the harm caused and the proposal is not acceptable in this regard. The proposal is therefore contrary to Policies S1, D1 and D3 of the Maldon District Local Development Plan (2017) and the policies and guidance contained in the National Planning Policy Framework  ...  view the full minutes text for item 208.

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

It was noted from the Members’ Update that since the agenda had been published further responses from consultees had been received.

Following the Officers presentation, Mr Spurgeon, the Applicant, addressed the Committee. The Chairperson opened the floor for debate.

Councillor S White proposed to refuse the application in line with the Officers’ recommendation, this was duly seconded.

There being no further discussion the Chairperson put the proposal to the Committee and when put to a vote was agreed.

RESOLVED that the application be REFUSED subject to the following reasons:

1          The provision of fourteen dwellings on this site and associated works, outside the defined settlement boundary of Cold Norton would fail to protect or enhance the natural beauty, tranquillity, amenity and traditional quality of the rural landscape setting by introducing unacceptable built form into the site and be likely to cause a loss of landscaping that currently forms an integral part of, and contributes to, the rural quality of the area. The proposal would therefore fail to make a positive contribution to the locality and cause an unacceptable degree of harm to the character and appearance of the locality and represent unwarranted development within the countryside contrary to policies S1, S8, D1 and H4 of the Local Development Plan and core planning principles and guidance contained in the National Planning Policy Framework.

2          It has not been demonstrated that an appropriate visibility splay can be achieved for the speed of the road at the access from Crown Road onto Latchingdon Road. Further, the application does not include any details of the location of Public Footpath no. 20 (Cold Norton) or any priority or suggested improvements for pedestrian movements along Crown Road, for uses of the public footpath. The development would intensify the current conflict between vehicles and pedestrians using the footpath, which would create deterioration of the footpath as a public right of way. The application also fails to demonstrate that appropriate measures would be provided to improve and promote cycling and walking from the development along Crown Road. The proposal would be therefore would not provide a suitable and safe access for all users and would result in an unacceptable degree of hazard to all road users to the detriment of highway safety and contrary to the National Planning Policy Framework and policies, S1, D1, T1 and T2 of the Maldon District Local Development Plan (2017), and guidance contained within the Maldon District Design Guide (2017).

3          The proposed development has a  ...  view the full minutes text for item 209.

RESOLVED that the meeting be adjourned at 8:01pm to allow Members to have a comfort break.

RESOLVED that the meeting resumes in open session at 8:04pm.

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

Following the Officer’s presentation, the Chairperson opened the floor for debate.

Councillor S White disclosed that she knew the applicant and that they were a Member of Stow Maries Parish Council. Councillor White then went on to propose to approve the application in line with the Officers recommendation which was duly seconded.

There being no further discussion the Chairperson put the proposal to the Committee and when put to the vote this was agreed.

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

1          The development hereby permitted shall be retained in complete accordance with approved drawings:

Site Location Plan

•           Block Plan

•           MRF – 46594-01 – Floor Plan

•           MRF – 46594-02 – Elevations

•           MRF – 46594-03 – Roof Plan

•           Planning Statement

2          The premises shall only be used as E(g) purposes and for no other purpose including any purpose as defined within Class E of the Schedule to the Town & Country Planning (Use Classes) Order 1987 (as amended) (or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that Order) and for no other purpose.

3          Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) (England) Order 2015 (as amended), (or any Order amending, revoking or re-enacting that Order), no extension, separate building or alteration shall be erected within the site without planning permission having been obtained from the Local Planning Authority.

4          Within three months of the date of this decision a Biodiversity Enhancement Strategy for protected and Priority species shall be submitted to and approved in writing by the Local Planning Authority.

The content of the Biodiversity Enhancement Strategy shall include the following:

a)         Purpose and conservation objectives for the proposed enhancement measures;

b)         detailed designs or product descriptions to achieve stated objectives;

c)         locations, orientations, and heights of proposed enhancement measures by appropriate maps and plans;

d)         persons responsible for implementing the enhancement measures;

e)         details of initial aftercare and long-term maintenance (where relevant).

The works shall be implemented in accordance with the approved details within six months of the date of written approval of such details and shall be retained in that manner thereafter.