Agenda and minutes

The Chairman drew attention to the list of notices published on the back of the agenda.

Apologies for absence were received from Councillors Mrs H E Elliott and P G L Elliott.

To confirm the Minutes of the meeting of the Committee held on 9 April 2018 and special meeting held on 17 April 2018.(copies enclosed).

RESOLVED that the Minutes of the meetings held on 9 April 2018 and the Special Meeting held on 17 April 2018 be approved and confirmed.

To disclose the existence and nature of any Disclosable Pecuniary Interests, other Pecuniary Interests or Non-Pecuniary Interests relating to items of business on the agenda having regard to paragraphs 6-8 inclusive 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 R P F Dewick declared an interest in Agenda Item 6 – OUT/MAL/18/00277 – Land West of Mill House, Mill End, Bradwell-on-Sea, Essex as he was a near neighbour of the applicant. He also declared an interest in Agenda Item 12 – FUL/MAL/18/00333- Springfield Nurseries, Steeple Road, Latchingdon, Essex, CM3 6LD as he had business dealings with the applicant in the past. He informed the meeting that he would leave the chamber for these items.

Councillor Mrs PA Channer, CC, declared a non-pecuniary interest as she was a Member of Essex County Council, a consultee on planning application matters with respect generally to highways, matters of access and education primarily. She further disclosed the following in the interest of openness and transparency:

·       Agenda Item 6 – OUT/MAL/18/00277 – Land West of Mill House, Bradwell-on-Sea, Essex, as she knew the agent.

·        Agenda Item 7 - FUL/MAL/18/00280 – Land North West of Riversleigh, Nipsells Chase, Mayland, Essex, as she knew the agent and applicant.

Councillor Mrs B E Acevedo declared a non-pecuniary interest in Agenda Item 7 - FUL/MAL/18/00280 – Land North West of Riversleigh, Nipsells Chase, Mayland as she knew one of the applicants.

Councillor R Pratt, CC, declared a non-pecuniary interest as a Member of Essex County Council, a consultee on planning application matters.

Councillor M W Helm declared a non-pecuniary interest in Agenda Item 7- FUL/MAL/18/00280- Land North West of Riversleigh, Nipsells Chase, Mayland , Essex, as he knew the applicant.

Councillor A S Fluker declared the following in the interest of openness and transparency:

·       Agenda Item 6 -   OUT/MAL/18/00277 – Land West of Mill House, Mill End, Bradwell-on-Sea, Essex, as he knew the agent.

·       Agenda Item 7 - FUL/MAL/18/00280 – Land North West of Riversleigh, Nipsells Chase, Mayland, Essex, as he knew the agnet and applicants.

·       Agenda Item 10 - HOUSE/MAL/18/00308 – Windward, Sandpit Lane, Burnham-on-Crouch, as he knew the applicants.

·       Agenda Item 11 – FUL/MAL/18/00313 – Land North of Asheldham Hall Farm, Hall Road, Asheldham, Essex, as he knew the applicants.

·       Agenda Item 12- FUL/MAL/18/00333 – Springfield Nurseries, Steeple Road, Latchingdon, Essex, CM3 6LD, as he knew both the agent and applicants.

The Committee received the reports of the Director of Planning and Regulatory Services and determined the following planning applications, having taken into account all representations and consultation replies received, including those listed on the Members’ Update circulated at the meeting.

To consider the planning application and recommendations of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation, Parish Councillor Barry Edwards, Mayland Parish Council, addressed the Committee.

There was some discussion around ‘backland development’ and possible conflict with planning policy. The Development Management, Team Leader, advised that the proposed dwellings did not constitute ‘backland development’ and given that each would have a frontage they would sit reasonably comfortably within both streetscenes.  He suggested that an additional condition be placed on the approval to  ensure/prevent further development in the roof space. 

Councillor M W Helm proposed that this application be approved in accordance with the Officer’s recommendation. This was duly agreed.

RESOLVED that this application be APPROVED, subject to the existing 10 conditions and additional condition 11 outlined below:

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 546/01, 546/02, 546/03, 546/04A, 546/05A, 546/06A and 546/07A.

3          No development shall take place until details of the external finishing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details and be retained as such in perpetuity.

4          No development shall take place until details of the boundary treatment have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and be retained as such in perpetuity.

5          The development hereby permitted shall not be occupied until details of the vehicle parking, including any parking spaces for the mobility impaired, have been submitted to and approved by the Local Planning Authority. The development shall then be carried out in accordance with the approved plans and the vehicle parking area(s) shall be retained in this form at all times. The vehicle parking area(s) shall not be used for any purpose other than the parking of vehicles that are related to the use of the approved development unless otherwise agreed with the Local Planning Authority.

6          No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

•           The parking of vehicles of site operatives and visitors

•           Loading and unloading of plant and materials

•  ...  view the full minutes text for item 88.

To consider the planning application and recommendations of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation Members unanimously agreed to refuse this application as per the Officer’s recommendation.

RESOLVED that this application be REFUSED, for the following reasons:

1.         The development of this site for housing is remote from essential support             facilities, community services, is inaccessible by a range of transport and is             located where the need to travel would be maximised and the use of             sustainable transport modes would be minimised and would therefore       represent an unsustainable form of development. Furthermore, the poor        sustainability credentials of the site and its locality in combination with the   fact that the location of the site would not encourage sustainable travel        patterns would significantly and demonstrably outweigh the benefits of the   proposal when assessed against the Maldon District Local Development Plan      policies S1, S8, D1, H4, T1 and T2 of the and guidance contained within the        National Planning Policy Framework.

2          The introduction of a residential dwelling and associated paraphernalia on the             site would represent the inappropriate urbanisation of the site and would have      a harmful impact on the rural and open character of the area. The proposal is          therefore considered to result in demonstrable harm to the character and      appearance of the locality contrary to policies S8, D1 and H4 of the Maldon District Local Development Plan as well as the principles and guidance           contained within the National Planning Policy Framework.

Councillor R P F Dewick, Chairman of the Committee, returned to the Chamber and resumed the Chair for this Agenda Item.

IN THE CHAIR: COUNCILLOR R P F DEWICK

To consider the planning application and recommendations of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

Councillor R P F Dewick resumed the Chair for this Agenda Item.

Following the Officer’s presentation Parish Councillor Barry Edwards, Mayland Parish Council and Mr Kenneth Paton, the Applicant, addressed the Committte.

A brief debate ensued around the size of the site and the need to support rural enterprise. Councillor Helm proposed that this application be approved contrary to the Officer’s recommendation. This 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.

REASON: To comply with Section 91(1) of The Town & Country Planning Act 1990 (as amended).

2.               The development hereby permitted shall be carried out in accordance with the following approved plans and documents: 1117/01, 1117/02 and 390

REASON:  To ensure that the development is carried out in accordance with the details as approved.

3.               No development shall take place until written details or samples of all materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to the Local Planning Authority for approval in writing. The development shall be carried out in accordance with the approved materials.

REASON:  To ensure that the details of the proposal are acceptable and in the interests of local amenity in accordance with policy D1 of the Maldon District Local Development Plan.

4.               Notwithstanding the content of Part 3 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended), or any act or order revoking or re-enacting that order) the building hereby approved shall only be used for purposes related to or ancillary to agricultural operations occurring at the application site.

REASON:  In the interests of sustainability in accordance with policies S1, S8, E4 and D1 of the Maldon District Local Development Plan 2015.

To consider the planning application and recommendations of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation, Parish Councillor Barry Edwards, Mayland Parish Council, addressed the Committee.

Members unanimously agreed to approve this application in accordance with the Officer’s recommendation.

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 shall be carried out in accordance with the following approved plans and documents: Drawings: location plan, existing elevations, proposed elevations, proposed floor plans, site plan.

3.         The external surfaces of the building(s) shall be constructed of the materials specified on plan Proposed Elevations and within the planning application.

4.         Details of the materials to be used for the hard surfacing of the site shall be submitted to and approved in writing by the local planning authority. 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.         Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking or re-enacting that Order) no dormer window or other form of addition or opening shall be constructed in the roof or gable walls of the building(s)/ extension hereby permitted without planning permission having been obtained from the local planning authority.

6.         Prior to the commencement of the development 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 no lower than 1/ls. The rate should be restricted to the 1 in 1 greenfield rate or equivalent greenfield rates with long term storage  (minimum rate 1l/s) or 50% betterment of existing run off rates on brownfield sites (provided this does not result in a runoff rate less than greenfield) or 50% betterment of existing run off rates on brownfield sites (provided this does not result in a runoff rate less than greenfield)

You are advised that in order to satisfy the soakaway condition the following details will be required:- details of the area to be drained, infiltration rate (as determined by BRE Digest 365), proposed length, width and  ...  view the full minutes text for item 91.

To consider the planning application and recommendations of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

It was noted that the Members’ Update contained a supporting comment from Althorne Parish Council, a statutory consultee.

Following the Officer’s presentation Members approved the application in accordance with the Officers’s recommendation.

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 complete accordance with approved drawings: ATS/559/01, ATS/559/02, ELEV. 1, ELEV. 2, ELEV. 3, ELEV. 4, EX 1, SK 2, SD02 Q, Overall Sites & Road View.

3.         The external surfaces of the development hereby approved shall be constructed of materials and finish as detailed within the application.

To consider the planning application and recommendations of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation Mr David Lidstone, representing the applicant, addressed the Committee.

Councillor Pudney disclosed an interest in this Agenda Item as he had been to School with the applicant.

A debate ensued regarding the amount of work that had been completed since the original submission. It was noted that all previous reasons for refusal had now been overcome.

Councillor R Pratt proposed that the application be approved contrary to the Officer’s recommendation. This 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.

REASON: To comply with Section 91(1) of the Town & Country Planning Act 1990 (as amended).

2.               The development hereby permitted shall be carried out in accordance with the following approved plans and documents: 3190.01, 3190.04 and 3190.05.

REASON: To ensure that the development is carried out in accordance with the details as approved.

3.               The development shall be carried out using materials as specified on plans hereby approved unless otherwise agreed by the Local Planning Authority.

REASON: To ensure that the details of the proposal are acceptable and in the interests of local amenity in accordance with policy D1 of the Maldon District Local Development Plan.

To consider the planning application and recommendations of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update that Asheldham Parish Council supported the application.

Following the Officer’s presentation, Mr David Wallis, the Agent, addressed the Committee.

Members debated the merits of the application and acknowledged the need to support rural diversification. It was agreed that in order to secure a solid business there needed to be permission for both the dwelling house and the business on the same site.   Currently the application was ‘Cart before the Horse’ so to speak. Members agreed that they did not have enough information to make an informed decision.

Councillor A S Fluker moved to defer the application to allow the applicant to submit a more robust application and this was seconded. Upon a vote being taken and there being an equality of votes the Chairman used his casting vote in favour of the deferral.

RESOLVED that the application be DEFERRED to the next meeting for the following reason:

1.         In order for the applicant to submit more information.

In accordance with the earlier declarations of interest, Councillor R P F Dewick, Chairman, left the Chamber for this Agenda Item. Councillor A S Fluker, Vice-Chairman assumed the Chair for this Agenda Item.

IN THE CHAIR: COUNCILLOR A S FLUKER

To consider the planning application and recommendations of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation Member unanimously agreed to approve the application in accordance with the Officer’s recommendation.

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 complete accordance with approved drawings: Location Plan, Proposed Block Plan (received 08.05.2018), Lighting Plan (received 08.05.2018), TMA/738/01A (received 08.05.2018), TMA/738/1 Rev C, TMA/738/05 (received 08.05.2018), Building B Elevations, Building C Elevations and Building B & C Floor Plans.

3          The external surfaces of the dwellings hereby approved shall be constructed of the materials specified on Materials Document received 08.05.2018.

4          Prior to the occupation of the development full details of hard landscape works to be carried out have been submitted to and approved in writing by the Local Planning Authority. Full details of soft landscape works to be carried out shall be submitted to and approved in writing by the Local Planning Authority, prior to the first planting season after first occupation of the dwellings. These details shall include the layout of the hard landscaped areas with the materials and finishes to be used and details of the soft landscape works including schedules of shrubs and trees to be planted, noting the species, stock size, proposed numbers/densities and details of the planting scheme's implementation, aftercare and maintenance programme. The hard landscape works shall be carried out as approved prior to the beneficial occupation of the development hereby approved unless otherwise first agreed 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 commencement of the development, unless otherwise first 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.

5          The Kingspan Klargester Biodiscs for the treatment of foul water and associated drainage scheme as detailed on Drawing Number TMA/738/1 rev B shall be installed and be fully operational prior to the first occupation of the dwellings and maintained in accordance with manufacturers instructions throughout the occupation of the dwellings.

6          The surface  ...  view the full minutes text for item 95.

To consider the planning application and recommendations of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation Mr Day, the Applicant, addressed the Committee.

Members had a brief discussion where it was noted that all previous concerns had now been addressed.

Councillor M W Helm proposed that the application be approved in accordance with the Officer’s recommendation. This 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 shall be carried out in accordance with the following approved plans and documents: Drawing Nos 2416/1 A, 2416/3

3          Prior to the construction of the dwellings hereby approved details and/or samples of the materials to be used in the construction of the external surfaces of the dwellings shall have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

4          No development shall commence until details of the siting, height, design and materials of the treatment of all boundaries including gates, fences, walls, railings and piers have been submitted to and approved in writing by the local planning authority.  The screening as approved shall be constructed prior to the first use/occupation of the development to which it relates and be retained as such thereafter.

5          No development shall commence until details of the materials to be used for the hard surfacing of the site have been submitted to and approved in writing by the local planning authority. The scheme as approved shall be implemented and completed in accordance with the approved scheme within 3 months following the first occupation of the development hereby permitted and retained and maintained as such thereafter.

6          The development shall not be commenced/first occupied unless and until the vehicular access as shown on the plan attached to and forming part of this permission has been constructed, surfaced and made available for use and shall be provided with a dropped kerb vehicular crossing of the footway/highway verge The access shall be retained as such at all times thereafter.

7          Prior to the commencement of the development details shall be submitted to and approved in writing by the local planning authority showing the means to prevent the discharge of water from the development onto the highway. The approved scheme shall be undertaken and completed prior to the first use of the access and retained as such thereafter.

8          Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking or re-enacting that Order) no window  ...  view the full minutes text for item 96.