Agenda and minutes

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

Apologies for absence were received from Councillors J C Hughes, R H Siddall, S White and L L Wiffen.

To confirm the Minutes of the meeting of the Committee held on 22 May 2024, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 22 May 2024 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 Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

Prior to the Officer’s presentation, the Chairperson made the Committee aware that the Environmental Health Manager (Protection) was present in the Chamber and he was available to answers Members’ questions relating to this item.

Following the Officers’ presentation, an objector, Mr Lee and the agent, Mr Calder addressed the Committee. The Chairperson then opened the floor for debate.

In response to Members questions the Environmental Health Manager (Protection) provided the following responses:

·        The noise assessment was submitted with the application by the applicant and this was carried out whilst maintenance was occurring, however, if the engines were being revved hard, he couldn’t say.

·        There had been no noise assessment carried out by the Council’s the Environmental Health Officers’ at the property.

Some Members felt that the noise assessment failed to provide the conditions the tests were carried out under and felt that a noise assessment whilst routine maintenance and engine tuning was being carried out would have been better.

Councillor S J N Morgan felt that as the noise assessment provided had been carried out by the applicant it should not be taken in to account. He went on to add that the current condition in place was perfectly adequate if reasonable maintenance of vehicles was the intention and felt that variation of the condition would enable the applicant to go outside of that. He then proposed to refuse the application contrary to Officers’ recommendation and this was seconded by Councillor M F L Durham

Following a further brief discussion, the Chairperson moved Councillor Morgan’s proposal to refuse the application and upon a vote being taken this was agreed.

RESOLVED that the application be REFUSED for reasons based on the acceptability of the existing condition to provide for general maintenance of vehicles and the failure to provide assurances through the noise report that harm to neighbouring  amenity would be mitigated from the proposed amended condition. Such a reason for refusal to be delegated to Officers in consultation with the Chairperson and Councillor S J N Morgan.

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update that since the agenda had been published an updated Flood Risk Assessment had been submitted by the applicants.

Following the Officer’s presentation, an Objector, Mr Olley, a Supporter, Ms Key and the Applicant, Mr Kemper addressed the Committee.

A brief debate ensued where Members expressed their concern around the development being constructed in a flood zone and the potential impact this could have on the surrounding area. They continued to add that as the proposed development was in a rural location and outside the settlement boundary this was contrary to policy.

Councillor S J N Morgan proposed to refuse the application in accordance with the Officer’s recommendation. This was duly seconded and agreed.

RESOLVED that the application be REFUSED for the following reasons:

1          The site is located outside of a defined settlement boundary and is in open countryside, where policy constraints apply.  Future occupants of the site would be heavily reliant on the use of the car to gain access to everyday services and facilities and employment opportunities and as such the proposal does not provide a sustainable form of development. The proposal does not accord with the Councils spatial strategy contrary to Policies S1, S8, D1, H4, T1 and T2 of the Maldon District Local Development Plan (2017), and the policies and guidance in the National Planning Policy Framework.

2          The site is considered to make a positive contribution to the rural character and appearance of the area. The proposal would introduce built form with associated domestic paraphernalia, that would urbanise the site, eroding, and materially altering, its rural character, causing harm to the intrinsic character and beauty of the open countryside. The proposal has been found to be contrary to Policies S1, S8, D1 and H4 of the Maldon District Local Development Plan (2017), the Maldon District Design Guide (2017), and the policies and guidance in the National Planning Policy Framework.

3          It has not been demonstrated that the development will be safe for its lifetime and is appropriately flood resistant and resilient and that safe access and egress can be achieved in the event of a flood. Furthermore, a flood evacuation plan has not been submitted.  The proposal does not accord with Policy S1 and D5 of the Maldon District Local Development Plan (2017) and the policies and guidance in the National Planning Policy Framework.

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update that since the agenda had been published an update from the agent had been received regarding Affordable Housing. A response from an Internal Consultee had been received regrading Ecology. 

Following the Officer’s presentation, an Objector, Mr Adams and the Applicant, Mr Otter addressed the Committee. The Chairperson then opened the floor for debate.

Councillor S J N Morgan proposed to refuse the application in accordance with the Officer’s recommendation. This proposal was duly seconded.

Members felt that the design and layout of the proposal was poor, focusing on window height and then moving on the location being outside of the village.

There being no further discussion the Chairperson moved Councillor Morgan’s proposal and upon a vote being taken it was agreed.

RESOLVED that the application be REFUSED for the following reasons:

1.         The site is situated outside of the defined development boundary and is in open countryside. Future occupants of the site would therefore be heavily reliant on the use of the car to gain access to everyday services and facilities, and the proposal therefore does not provide a sustainable form of development. The proposal is therefore contrary to policies S1, S8, D1, H4, T1 and T2 of the Maldon District Local Development Plan (2017), the Maldon District Design Guide (2017) and the policies and guidance in the National Planning Policy Framework (2023).

2.         The design and layout of the proposal would create poor amenity and outlook for prospective occupiers and would be overbearing to neighbouring flats. This would be contrary to policy D1 of the Maldon District Local Development Plan and the Maldon District Design Guide SPD and the guidance set out in the National Planning Policy Framework.

3.         Insufficient information has been provided to demonstrate the need for affordable housing at the site and accordance with criteria of Policy H5 of the LDP. The proposed development would therefore be contrary to Policies S1, S8 and H5 of the approved Maldon District Local Development Plan (2017) and Government advice contained within the National Planning Policy Framework.

4.         Insufficient ecological information has been submitted to assess the impact of the proposed development on protected and Priority species, specifically Great Crested Newts, breeding birds and reptiles. The proposed development would therefore be contrary to Policies S1, D1, and N2 of the approved Maldon District Local Development Plan (2017) and Government advice contained within the National Planning Policy Framework and Circular 06/2005. 

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update that this item had been WITHDRAWN by the agent prior to the Meeting.

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

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

Councillor S J N Morgan proposed that the application be approved in accordance with the Officer’s recommendation. This proposal was duly seconded and agreed.

RESOLVED that the application be APPROVED subject to the applicant entering into a legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended) to secure a necessary financial contribution towards Essex Coast Recreational Disturbance Avoidance and Mitigation Strategy and 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 plans as shown on the decision notice.

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, piers, and treatment around the car parking area, have been submitted to and approved in writing by the Local Planning Authority. The boundary  ...  view the full minutes text for item 134.

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

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

Councillor S J N Morgan proposed that the application be approved in accordance with the Officer’s recommendation. This proposal was duly seconded and 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 plans as shown on the decision notice.

3.         The materials used in the construction of the development hereby approved shall be as set out within the application form/plans.

4.         As shown in principle on the submitted planning drawing titled ‘Block Plan’ dated 19/3/24, the vehicular access shall be constructed at right angles to the highway boundary and to the existing carriageway. The width of the access at its junction with the highway shall be no more than 3.6 metres wide and shall be provided with an appropriate dropped kerb vehicular crossing of the footway. Full layout details to be agreed with the Highway Authority.

5.         No unbound material shall be used in the surface treatment of the vehicular access within 6 metres of the highway boundary.

6.         Areas within the curtilage of the site for the purpose of the reception and storage of building materials for the development shall be identified clear of the highway.