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 R G Boyce, MBE and H E Elliott.

To confirm the Minutes of the meeting of the Committee held on 18 June 2018 (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 18 June 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).

All Members declared a non-pecuniary interest in Agenda Item 6 - TPO 4/18- Paton Place, Nipsells Chase, Mayland and Agenda Item 7 - TPO 8/19 – The Orchard, Nipsells Chase Mayland as one of applicant was a fellow member of Maldon District Council.

In addition Councillor A S Fluker declared a non –pecuniary interest in Agenda Item 5 - HOUSE/MAL/18/00448 - 85 Nipsells Chase, Mayland and Agenda Item 8 - FUL/MAL/18/00230 - Asheldham Pit, Southminster Road, Asheldham, Essex as he knew the applicants.

Councillor B S Beale, MBE, declared a non-pecuniary interest in Agenda Item 8 - FUL/MAL/18/0023 - Asheldham Pit, Southminster Road, Asheldham, Essex, as he knew the applicant.

Councillor Mrs P A 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.

The impact of General Data Protection Regulation (GDPR) requirements was raised.   It was noted that the Director of Planning was looking into this and would report back in due course.

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 report of the Director of Planning and Regulatory Services (copy enclosed).

Following the Officer’s presentation, Mr David Mc William, the Applicant, addressed the Committee.

A discussion ensued regarding the proposed development and its potential impact on the existing character and appearance of both the dwelling and the surrounding area.

Councillor P G L Elliott proposed that the application be approved contrary to the Officer’s recommendation as he could see no problems with the application. This was seconded by Councillor A S Fluker.

Members reviewed the drawings at length and concluded that there was no detriment to the street scene or the single storey neighbouring property. Furthermore, no external objections had been received regarding this proposal.

The Chairman put Councillor P G L Elliott’s proposal, seconded by Councillor A S Fluker to the Committee, a vote was taken and the recommendation to approve, contrary to the Officer’s recommendation, was carried unanimously.

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 this Section 91(1) The Town & Country Planning Act 1990 (as amended)

2.         The development hereby permitted shall be carried out in accordance with the following approved plans: AD/1942-DM-B-SP/LP, AD/1942-DW-A-EXIS, AD/1942-DW-B-PRO.

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

3.         The external surfaces of the extension shall be constructed of the materials to match the existing dwelling.

            REASON: In the interest of the character and appearance of the area in accordance with policy D1 of the approved Local Development Plan and guidance contained within the National Planning Policy Framework.

To consider the report of the Director of Planning and Regulatory Services (copy enclosed).

A Members’ Update had been submitted providing a site map.

Following the Officer’s presentation, Mr Paton, an Objector, addressed the Committee.

Members debated the merits/demerits of the preservation order and a number of concerns were raised as follows:

·         that placing an order on fruit tress was very unwieldy given the need to prune at least twice a year;

·         that existing oak trees over 100 years old did not have an order on them;

·         that advice received from horticulturalists suggested that a Tree Preservation order was not appropriate for young fruit trees;

·         that the Tree Officer should be in attendance to explain the criteria, in order to properly consider this order, and,

·         that clarity was required around the Maldon District Council’s definition of a Tree Preservation Order.  

Councillor A S Fluker proposed that the TPO be deferred and that a site visit be arranged with the Tree Officer in attendance. Furthermore that the Tree Officer attend Committee and clear photographs outlining the areas for preservation be provided. This was seconded by Councillor Mrs P A Channer.

The Chairman put the recommendation to defer to a vote and this was carried.

RESOLVED that the Tree Preservation Order be DEFERRED, in order for the Tree Officer to attend Committee and for Officers to provide more information.

To consider the report of the Director of Planning and Regulatory Services (copy enclosed).

In light of the discussion under Item 6 - TPO 4/18 - Paton Place, Nipsells Chase, Mayland, the Chairman put the recommendation to defer Item 7 -tpo 8/91- The Orchard, Nipsells Chase, Mayland to the Committee. Upon a vote being taken the motion was carried.

RESOLVED that the revocation of the Tree Preservation Order 8/91 be DEFERRED, in order for the Tree Officer to attend Committee and for Officers to provide more information.

To consider the report of the Director of Planning and Regulatory Services (copy enclosed).

A  Members’ Update had been submitted advising that additional letters of support, objections and comments had been received post the publication of the report. It also contained comments from Economic Development and the Coast and Countryside Officer. 

The Committee received the Officer’s presentation.

The Chairman advised the Committee that the applicants had asked to defer the application to allow for the completion of the ecology report.

Councillor A S Fluker, in response, said that more information, not just the ecology report, was required before the application could be considered. He proposed that the application be deferred and this was seconded by Councillor M W Helm.

The Chairman put the proposal to a vote and the recommendation to defer was carried.

RESOLVED that the application be DEFERRED, in order for the applicant to submit more information.

The Chairman drew Members’ attention to the reports for noting on the agenda. He advised the Committee that these were available on the I drive and in the Members’ Room.

RESOLVED that this was NOTED.