Agenda and draft 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 M F L Durham CC, R H Siddall and L L Wiffen.

To confirm the Minutes of the meeting of the Committee held on 4 December 2024 (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 4 December 2025 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).

Councillor M E Thompson advised that in relation to Agenda Item 7 - 24/00755/HOUSE 1 Oxley Cottage, 1 Oxley Hill, Tolleshunt D’Arcy she did not have a declaration of interest but to ensure there was no perception of bias on her behalf she would leave the meeting for this item of business.

In light of the above and in the absence of the Vice-Chairperson, Councillor Thompson (Chairperson) advised that a Member of the Committee would need to chair the meeting for Agenda Item 7 and suggested that a Member be elected at this point in the meeting.

Councillor S J Stevens proposed that Councillor S J N Morgan chair the meeting for Agenda Item 7 and this was duly seconded and agreed.

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

A Members’ Update circulated prior to the meeting provided further information in respect of sections 4 and 5 of the Officers’ report. It was noted that a consultation response had been received from an Ecology consultant and a response to a letter from Councillor S J N Morgan was detailed.

During her presentation the Officer advised that reason for refusal 2 had been removed as the Applicant had provided additional ecology information which addressed the Ecology consultants’ previous concerns. Following the Officers’ presentation, the Agent Ms Quinn addressed the Committee.

Following some debate, Councillor E L Stevens proposed that the Committee accept the Officers’ recommendation of refusal. This proposal was duly seconded. There being an equality of votes the Chairperson exercised her casting vote in support of the proposal.

RESOLVED that this 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 Council’s spatial strategy contrary to Policies S1, Page 26 S8, D1, H4, T1 and T2 of the Maldon District Local Development Plan (2017) and guidance set out in the National Planning Policy Framework.

Councillor S White left the meeting at this point and did not return.

RESOLVED that the meeting be adjourned at 7:50pm.

RESOLVED that the meeting resumes at 7:55pm in open session.

The Chairperson advised that the meeting had been adjourned due to a member of the Committee feeling unwell.

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

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

Councillor C P Morley proposed that the Committee accept the Officers’ recommendation of approval. This proposal was duly seconded.

In response to a question, the Head of Service – Development Manager provided some further clarification on the recent National Planning Policy Framework changes and policy S8.

The Chairperson moved the proposal in the name of Councillor Morley and this was duly agreed.

RESOLVED that this application be APPROVED subject to the following conditions and the submitted Unilateral Undertaking:

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 and documents as detailed on the decision notice.  

3        Prior to the commencement of the development hereby approved, full details of both the finished levels, above ordnance datum, of the ground floor of the proposed building and of the finished garden levels and hard and soft surfaces in relation to existing ground levels shall have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in accordance with the approved details.

4          The external materials and finishes shall be as indicated on the application form and Design and Access Statement (prepared by Scene, ref. LGDRD-SCN-XX-XX-RP-A-90_100-A3 Rev. PL01) and shall be permanently retained as such.

5        No development above slab level shall take place until full details of the provision and subsequent retention of both hard and soft landscape works on the site have been submitted to and approved in writing by the Local Planning Authority.

These details shall include:

Soft landscape works

a)         Details of proposed schedules of species of trees and shrubs to be planted, planting layouts with stock sizes and planting numbers/densities.

b)         Details of the planting scheme implementation programme, including ground protection and preparation, weed clearance, stock sizes, seeding rates, planting methods, mulching, plant protection, staking and/or other support.

c)         Details of the aftercare and maintenance programme.

The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the commencement of the development 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  ...  view the full minutes text for item 484.

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

Following the Officers’ recommendation, Ms Rayner an objector and Mr Cook a supporter addressed the Committee.

During the discussion that followed, further information was provided by Officers regarding the proposed changes and the height of the gable proposed.

Councillor E L Stevens proposed that the Committee accept the Officers’ recommendation and refuse the application. This proposal was duly seconded. There being an equality of votes the Chairperson exercised his casting vote in support of the proposal.

RESOLVED that this application be REFUSED for the following reason:

1          The design and layout of the proposal would create poor amenity and outlook for occupiers of the neighbouring dwelling (no.2 Oxley Hill). It would appear dominant, oppressive and overbearing and would represent an unneighbourly form of development. The development is therefore contrary to the Policy D1 and H4 of the approved Maldon District Local Development Plan, Maldon District Design Guide and guidance set out in the National Planning Policy Framework.

Councillor M E Thompson returned to the meeting at this point.

IN THE CHAIR: COUNCILLOR M E THOMPSON

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed).

Following the Officers’ presentation, Councillor S J N Morgan proposed that the Committee accept the Officers’ recommendation and confirm the Tree Preservation Order.

Following a request, Members were provided with further clarification regarding the Officer response to objection comments received and detailed within the report.

The Chairperson then moved the proposal in the name of Councillor Morgan and this was unanimously agreed.

RESOLVED that Tree Preservation Order 18/24 be CONFIRMED without any modifications.