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 B E Acevedo, P G L Elliott, R Pratt CC and N R Pudney.

To confirm the Minutes of the meeting of the Committee held on 4 December 2017 (copy enclosed).

RESOLVED

(i)                 that the Minutes of the meeting of the Committee held on 4 December 2017 be received.

Councillor R P F Dewick declared that he had a pecuniary interest in this item and left the Chamber for this discussion.

COUNCILLOR A S FLUKER IN THE CHAIR

Minute No. 657 – OUT/MAL/17/01123 – LAND TO THE REAR OF 60A MALDON ROAD, BURNHAM-ON-CROUCH, ESSEX

There was some discussion on the Minute relating to this item and it was agreed that the wording of the first sentence of the third paragraph should read as follows:

“A Member advised that access was no longer available as the donor bungalow was no longer to be demolished.”

The second paragraph on page 683 should read as follows:

“Councillor Mrs P A Channer CC proposed that the Chairman in consultation with the Group Manager – Planning Services and Ward Members come up with the wording for the reasons for refusal …”

RESOLVED

(ii)               that subject to the above amendment the Minutes of the meeting of the Committee held on 4 December 2017 be confirmed.

Councillor R P F Dewick then returned to the Chamber.

COUNCILLOR R P F DEWICK IN THE CHAIR

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 A S Fluker declared in the interests of openness and transparency that, in relation to Agenda Item 6 – FUL/MAL/17/01251 – Land East of The Rest, Southminster Road, Asheldham, Essex, he knew the Applicant and the Applicant’s family.

Councillor Mrs P A Channer CC declared:

·         that she was also a Member of Essex County Council who was consulted on highways, access and other matters;

·         a non-pecuniary interest in relation to Agenda Item 6 – FUL/MAL/17/01251 – Land East of The Rest, Southminster Road, Asheldham, Essex, as she knew the Applicant’s Agent.

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).

RESOLVED that this 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 the approved drawings specifically referenced on this decision notice as well as the submitted detailed specifications.

3          No development shall commence until full details of the materials to be used in the external surfaces of the development hereby approved have been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the details as approved.

4          No works or development shall take place until full details of both hard and soft landscape works to be carried out have been submitted to and approved in writing by the Local Planning Authority.  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          Prior to occupation of the proposed dwelling, 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 not be less than 3 metres and no more than 6 metres, and shall be provided with an appropriate dropped kerb vehicular crossing of the footway.

6          Prior to occupation of the proposed dwelling and as shown in Drawing no SI 5 (Proposed block plan showing visibility splays), the access at its centre line shall be provided with a clear  ...  view the full minutes text for item 727.

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

The Development Management Team Leader presented the report and advised the Committee that Officers were looking to secure a Section 106 Agreement.

Members debated this application and, in response to a question, the Development Management Team Leader advised that the access would remain as it was currently. 

RESOLVED that this application be APPROVED subject to:

HEADS OF TERMS OF ANY SECTION 106 AGREEMENT

·         Voluntary agreement for the non-implementation of planning application FUL/MAL/13/00055

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 complete accordance with the approved drawings: 1092/08 A, 1092/09 A, 1092/10, 1092/11, 1092/12.

3          Prior to the construction of the dwelling hereby approved, samples and written details of the materials to be used in the construction of the external surfaces of the dwelling shall be 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 including any site clearance or groundworks of any kind shall take place within the site until the applicant or their agents; the owner of the site or successors in title has submitted an archaeological assessment by an accredited archaeological consultant to establish the archaeological significance of the site.

Such archaeological assessment shall be approved by the Local Planning Authority and will inform the implementation of a programme of archaeological work. The development shall be carried out in a manner that accommodates such approved programme of archaeological work.

5          No development including any site clearance or groundworks of any kind shall take place within the site until the applicant or their agents; the owner of the site or successors in title has secured the implementation of a programme of archaeological work from an accredited archaeological contractor in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in a manner that accommodates the approved programme of archaeological work.

The archaeological work will comprise trial-trenching of the site, followed by full excavation if archaeological features are identified. All fieldwork should be conducted by a professional recognised archaeological contractor in accordance with a brief issued by this office.

6          Prior to the commencement of the development details of the surface water drainage scheme to serve the  ...  view the full minutes text for item 728.

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 of the report Mr Edwards, from Mayland Parish Council, addressed the Committee.

Councillor M W Helm advised that he had called this application in and that the Parish Council considered that the proposed development would be overdevelopment and out of keeping with the street scene.

RESOLVED that this application be REFUSED for the following reason:

1          The proposed development, by virtue of the scale, form, design and appearance of the roof extension, would result in the dwelling having an incongruous and discordant visual appearance that would be harmful to the character and appearance of the site and the surrounding area.  The proposal is therefore contrary to policies D1 and H4 of the Maldon District Local Development Plan, the Maldon District Design Guide and the guidance contained within the National Planning Policy Framework.

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 of the report Mr Edwards, from Mayland Parish Council, addressed the Committee.

Councillor M W Helm advised that the had called this application in as the Parish Council were of the opinion that this would be overdevelopment, not in keeping with the street scene and that there was insufficient parking.  Councillor Helm proposed that this application be refused contrary to the Officer’s recommendation.

Members discussed this application and raised concerns about the design changes, but felt that it would be difficult to refuse an application where planning permission for a replacement building had already been granted.  Furthermore, as the change was to the rear elevation, it would not affect the street scene.

Councillor Helm’s proposal was duly seconded.

Councillor Helm requested a recorded vote.

In favour of refusal:

Councillor B M Beale MBE

Councillor Mrs P A Channer CC

Councillor Mrs H E Elliott

Councillor A S Fluker

Councillor M W Helm

Against refusal:

Councillor R G Boyce MBE

Abstention:

Councillor R P F Dewick

RESOLVED that this application be REFUSED for the following reason:

The proposed development, by virtue of the proposed first floor, flat-roofed rear projection would be of inadequate design and result in an unacceptable bulk and mass at the rear of the dwellings, thereby being an incongruous and visually unacceptable element, to the detriment of the site and the surrounding area.  The proposal is therefore contrary to the National Planning Policy Framework, Maldon District Local Development Plan (2017) policies D1 and H4 and the Maldon District Design Guide (2017).