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, P G L Elliott and R Pratt CC.

To confirm the Minutes of the meeting of the Committee held on15 January 2018, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 15 January 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 Mrs P A Channer CC declared:

•           a non-pecuniary interest as she was a Member of Essex County Council who was consulted on matters of highways, access etc.;

•           in the interests of openness and transparency that, in relation to Agenda Item 5 – FUL/MAL/17/01931 – Annexe Upper Westwick, Waterside Road, Bradwell-on- Sea, as she knew the Resident in her capacity as a Maldon District Councillor.

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

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.

Following the Officer’s presentation of the report, Ms Mischa Roughley, the Applicant’s daughter and resident of the Annexe, addressed the Committee.

The Chairman, as Ward Member, said he would support the application as it was in keeping with similar developments in the district. A debate ensued around the merits of this application in that it represented an improvement and did not adversely impact on the street scene.

Councillor Mrs P A Channer proposed that the application be approved, contrary to Officers recommendation.  This proposal was duly seconded by Councillor Mrs B E Acevedo.  Upon a vote being taken this was agreed subject to the conditions outlined by the Officer.

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.

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 complete accordance with the approved drawings specifically referenced on this decision notice as well as the submitted detailed specifications unless otherwise agreed in writing by the local planning authority.

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

3          The extension hereby permitted shall be occupied only as part of the existing annexe and used for purposes ancillary and incidental to and in conjunction with the use of Upper Westwick as a single dwelling house and not as a separate or independent unit of residential accommodation in conjunction with the annex as extended without planning permission having first been obtained from the Local Planning Authority.

REASON:  To ensure that the extended annexe remains ancillary accommodation incidental to the occupancy of the dwelling and to prevent the formation of an independent residential unit in accordance with policies S1, S8, H4 and D1 of the Maldon District Local Development plan and the guidance in the National Planning Policy Framework.

4          The external surfaces of the extension hereby approved shall be constructed of materials and of a finish which match those of the existing building, unless otherwise agreed in writing by the local planning authority.

REASON:  To ensure that the development corresponds with the appearance of the existing property and to ensure that the development would not have an adverse impact on the character and appearance of the area in accordance with policies D1  ...  view the full minutes text for item 823.

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

It was noted from the Members’ Update that a consultation response had been received from the applicant regarding the comments from the Parish Council.

Following the Officer’s presentation of the report, Councillor Barry Edwards, speaking o behalf of Mayland Parish Council and Mr Anthony Holt, the Applicant, addressed the Committee.

Members debated the issues around the size and bulk of the building being proposed. It was noted that the development would adversely alter the street scene, was overpowering and not in keeping with neighbouring properties.

Councillor M W Helm proposed that the application be refused in accordance with the Officer’s recommendation and this was seconded and agreed.

RESOLVED that this application be REFUSED for the following reason:

1.      The proposed front extension by virtue of its scale, bulk, positioning and design would result in a prominent and visually dominant form of development which is out of keeping with the prevailing pattern of development in the surrounding area. It will result in material harm to the existing dwelling on the site and the street scene and therefore the proposal would be contrary to policies D1 and H4 of the LDP and Government advice contained in the NPPF.

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

It was noted from the Members’ Update that the Application had been withdrawn on Friday 2 February 2018 by the agent.

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

It was noted from the Members’ Update that a letter had been received from Mr J W Bedford, 102 Imperial Avenue, Maylandsea, objecting to the application.

Following the Officer’s presentation of the report, Mr John Bedford, an Objector and Councillor Barry Edwards, speaking on behalf of Mayland Parish Council, addressed the Committee.

Members debated this application at some length. Concerns were raised regarding loss of light and the detrimental impact on the street scene. The bulk, nature and design of the development was discussed, in particular, the loss of outlook to more than one neighbouring property. It was felt that the proposed development was unneighbourly being overbearing to neighbouring properties and harmful to the character of the area.

Taking into account all the concerns expressed it was agreed that this did not constitute good planning and that the number of reasons for refusal were more than sufficient to justify the decision. 

It was proposed that the application be refused contrary to Officers’ recommendation and it was duly seconded and agreed. It was further agreed that the reasons for the refusal be confirmed through the Chairman and respective Ward Members.

RESOLVED that this application be REFUSED for the following reasons:

1. The proposed development, by virtue of the size, scale and bulk of the proposed dwelling, would appear cramped at the application site and represent the overdevelopment of the site, thereby causing harm to the character and appearance of the site and the surrounding area.  The proposal is therefore unacceptable and contrary to the National Planning Policy Framework, policies D1 and H4 of the Maldon District Local Development Plan and the Maldon District Design Guide.
2. The proposed development, by virtue of the size and scale of the proposed dwelling, its positioning in close proximity to the boundaries of the application site and relationship with neighbouring properties, would have an overbearing impact and cause a sense of enclosure of the neighbouring dwellings to an extent that represents an unneighbourly form of development.  The proposal is therefore unacceptable and contrary to the National Planning Policy Framework, policies D1 and H4 of the Maldon District Local Development Plan and the Maldon District Design Guide.

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

Following the Officer’s presentation of the report, Ms Wendy Stamp, Town Councillor and Ms Angelique Bell, the Applicant, addressed the Committee.

Councillor N R Pudney, a Ward Member, in support of the application pointed out that a large number of existing houses in this development already had dormer windows approved. He advised the committee that the original development was  largely retirement homes, not capable of accommodating families.  He said he fully supported the application which would address the necessary housing need. 

Members debated the issue of similar design already approved and duplicated within the same development area. Councillor Pudney proposed that the application be approved contrary to the Officer’s recommendation and this was duly seconded. It was put to a vote and approved.

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.

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 complete accordance with the approved drawings specifically referenced on this decision notice as well as the submitted detailed specifications unless otherwise agreed in writing by the local planning authority.

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

3          The external surfaces of the works hereby approved shall be constructed of materials and of a finish as specified within the submitted application.

There being no further items of business the Chairman closed the meeting at 8.32 pm.