Agenda and minutes

As the Chairperson and Vice-Chairperson of the South Eastern Area Planning Committee would not be appointed for the municipal year until the extraordinary Council meeting on 8 June 2023 a Chairperson was required for this meeting only.

Members sought clarity from the Director of Service Delivery and the Monitoring Officer prior to electing the Chairperson for the meeting and requested a short adjournment.

RESOLVED that the meeting be adjourned at 7:33pm to allow Members to seek legal advice regarding appointment of a Chairperson for the meeting.

RESOLVED that the business of the meeting resumed in open session at 7:48 pm.

Councillor W Stamp proposed that Councillor A S Fluker be appointed as Chairperson of the Committee for this meeting. There being no other nominations this was agreed by assent.

RESOLVED that Councillor A S Fluker be appointed as Chairperson for the meeting.

IN THE CHAIR :  COUNCILLOR A S Fluker

The Chairperson welcomed everyone present and went over some general housekeeping arrangements for the meeting.

Apologies for absence were received from Councillors M G Bassenger, V J Bell, L J Haywood, W J Laybourn, M G Neall, R G Pratt and U G C Siddall-Norman.

To confirm the Minutes of the meeting of the Committee held on 12 April 2023, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 12 April 2023 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).

Councillors A S Fluker and W Stamp declared a non-pecuniary interest relating to Agenda Item 5 23/00076/FUL - Land North West of Riversleigh, Nipsells Chase, Mayland and Agenda Item 8 23/00266/VAR - Paton Place, Nipsells Chase, Mayland, in that the applicant was a colleague at Maldon District Council and Councillor Fluker suggested that this would apply to the other Committee Members present.

Councillor Fluker also declared that he knew the Agent for Agenda Items 6 23/00079/FUL and 7 23/00080/FUL - Land between 45 Steeple Road and 1 Mill Road, Mayland.

To consider the report of the Director of Service Delivery, (copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update, circulated prior to the meeting, that the Council had received correspondence from the Applicant requesting that this item be deferred until the next South Eastern Area Planning Committee meeting to be held on the 28 June 2023.

The Chairperson proposed to defer the item until the next South Eastern Area Planning Committee meeting to be held on the 28 June 2023.  This was duly seconded and upon a vote being taken agreed.

RESOLVED that the application be DEFERRED until the next meeting of the South Eastern Area Planning Committee to be held on 28 June 2023.

To consider the report of the Director of Service Delivery, (copy enclosed, Members’ Update to be circulated)*.

It was noted that a Members’ Update had been circulated prior to the meeting advising that additional representation had been received from interested parties in the form of a letter of objection.

Following the Officer’s presentation, an Objector, Mr S Lees, and the Agent, Mr Cussen, addressed the Committee.

After a brief discussion the Chairperson proposed that the application be approved in accordance with the Officer’s recommendation, and this was duly seconded by Councillor A Fittock. The Chair moved the proposal and upon a vote being taken was duly 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 hereby permitted shall be carried out in accordance with the following approved plans and documents: 1234/01, 1234/02, 1234/03, 1234/04, 1234/05, 1234/06, Preliminary Ecological Appraisal March 2022; Email dated 15^th March 2023 from Plumb Associates

3          Prior to the construction of the dwelling hereby approved, details and samples of the materials to be used in the construction of the dwelling are to be submitted and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

4          Prior to the commencement of the development the applicant shall submit in writing a construction management plan to the local planning authority for approval. Within the construction management plan it must consider the following requirements:

The applicant should ensure the control of nuisances during construction works to preserve the amenity of the area and avoid nuisances to neighbours and to this effect:

a)              no waste materials should be burnt on site, instead being removed by licenced waste contractors;

b)              no dust emissions should leave the boundary of the site;

c)               consideration should be taken to restricting the duration of noisy activities and in locating them away from the periphery of the site;

d)              hours of works: works should only be undertaken between 0730 hours and 1800 hours on weekdays; between 0800 hours and 1300 hours on Saturdays and not at any time on Sundays and Public Holidays.

If it is known or there is the likelihood that there will be the requirement to work outside of these hours or there will be periods where there will be excessive noise that will significantly impact on sensitive receptors Environmental Health at Maldon District Council must be notified prior to the works as soon as is reasonably practicable. The developer is advised to consult nearby sensitive noise premises and may be advised to  ...  view the full minutes text for item 37.

To consider the report of the Director of Service Delivery, (copy enclosed, Members’ Update to be circulated)*.

It was noted that a Members’ Update had been circulated prior to the meeting advising that additional representation had been received from interested parties in the form of a letter of objection.

Following the Officer’s presentation, the Agent, Mr Cussen, addressed the Committee. The Chairperson then opened the discussion.

Following a brief discussion around the impact of the proposed development to the surrounding area, Councillor W Stamp proposed that the application be refused as per the Officer’s recommendation. The proposal was duly seconded by Councillor A Fittock and upon a vote being taken was agreed.

RESOLVED that the application be REFUSED for the following reason:

1.         The proposed dwelling, as a result of its design, scale, bulk and height, would result in an incongruous and dominant development which would cause significant and undue harm to the character and appearance of the surrounding area. The proposal is therefore considered to be contrary to Policies S1, S8, D1 and H4 of the Maldon District Local Development Plan (2017), the Maldon District Design Guide (2017) and the policies and guidance in the National Planning Policy Framework (2021)

To consider the report of the Director of Service Delivery, (copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update that this application had been WITHDRAWN due to information received confirming that the applicant wished to withdraw the planning application.