Agenda and minutes

The Chairperson welcomed everyone to the meeting and went through some general housekeeping arrangements for the meeting.

There were none.

To confirm the Minutes of the meeting of the Committee held on 20 September 2023, (copy enclosed).

RESOLVED

(i)               that the Minutes of the meeting of the Committee held on 20 September 2023 be received.

Minute No. 261 - 23/00749/FUL - PATON PLACE, NIPSELLS CHASE, MAYLAND

Councillor L J Haywood proposed an amendment to the fourth paragraph of this Minute, that the proposal was not agreed by assent as she did not vote on this item and wanted it noted in the Minutes. This amendment was duly noted.

The Chairperson then moved that the Minutes be confirmed, subject to the above amendments and this was duly agreed

RESOLVED

(ii)              that subject to the above amendment the Minutes of the meeting of the Committee held on 20 September 2023 be 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).

There were none.

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

Following the Officer’s presentation, the Chairperson then opened the floor for debate.

A debate ensued where Members aired concerns around the proposed development being outside the settlement boundary and how if approved this Committee could be setting a precedent for future applications of a similar nature. Members were advised that each planning application is considered on its’ individual merits. Members were also advised that conditions were proposed which would ensure that the replacement dwelling would be of a similar height to the dwelling which had previously existed on the land.

At this point Councillor T Fittock proposed to refuse the application contrary to the Officer’s recommendation and this was duly seconded by Councillor W Stamp.

Members discussed the application further and debated that if the development, albeit outside the settlement boundary, were approved it would mean that the current fire damaged structure on the land would be removed and replaced by a new dwelling.

The Chairperson put Councillor Fittock’s proposal to refuse the application contrary to the Officer’s recommendation to the Committee and upon a vote being taken it was lost.

Councillor V J Bell then proposed to approve the application in line with the Officer’s recommendation which was duly seconded and upon a vote being taken was agreed.

RESOLVED that the application be APPROVED subject to the following conditions:

1          The development shall be carried out in accordance with plans and particulars relating to the appearance, landscaping, layout, access and scale of the site (hereinafter called "the reserved matters"), for which approval shall be obtained from the Local Planning Authority in writing before any development is begun. The development shall be carried out fully in accordance with the details as approved.

2          Application(s) for the approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

3          The development hereby permitted shall be begun within two years from the date of the final approval of the reserved matters. The development shall be carried out as approved.

4          The development hereby permitted shall be carried out in accordance with the following plan and document:

•           23A 2019 – Location and site plan

•           Design & access statement

5          No development shall take place, including any ground works or works of demolition, until a Construction Method Statement (CMS) 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:

i.          the parking of vehicles of site operatives and visitors

ii.         loading and unloading of  ...  view the full minutes text for item 311.

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

Following the Officer’s presentation, an objector, Mrs Osbourne, a supporter Mrs Taylor and the Applicant, Mr Bishop addressed the Committee. The Chairperson then opened the floor for debate.

Members raised queries around the possible conditions that could be put in place to allow the application to be accepted and in in response to questions raised, Officers provided the Committee with the following answers:

•           No additional information had been received regarding a possible Recreation disturbance Avoidance Strategy (RAMS) agreement being put in place.

•           Constructing a footpath prior to the development starting would be a consideration not only for the Council but for Highways also.

•           The appeal referred to is active and as such, the Officers were unable to comment on this as the appeal was a separate matter and not for consideration at the meeting . Officers reminded Members that they needed to be mindful to assess the application that was in front of them for consideration.

Councillor A S Fluker proposed to approve the application contrary to the Officer’s recommendation and this was seconded by Councillor W J Laybourne.

Members raised concerns around approving an application that was outside the settlement boundary and how this Committee would potentially be setting a precedent for similar applications in the future.

Councillor W Stamp proposed to refuse the application in line with the Officer’s recommendation and this was duly seconded.

There being no further debate, the Chairperson put Councillor Fluker’s proposal to approve the application contrary to the Officers recommendation to the Committee and upon a vote being taken it was lost. Councillor Fluker requested that his and Councillor Laybourne’s vote for the proposal be recorded in the minutes.

The Chairperson then put Councillor Stamp’s proposal to refuse the application in line with the Officer’s recommendation to the Committee and upon a vote being taken this was agreed.

RESOLVED that the application be REFUSED for the following reasons:

1          The site is outside of a defined Settlement Boundary and is in open countryside. Future occupants of the site would therefore be heavily reliant on the use of the car to gain access to everyday services and facilities, and the proposal therefore does not provide a sustainable form of development. The proposal is therefore contrary to Policies S1, S8, D1, H4, T1 and T2 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 (2023).

2.         The proposed development has  ...  view the full minutes text for item 312.

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

Following the Officer’s presentation, the Agent, Mrs Quinn addressed the Committee. The Chairperson opened the floor for debate.

Members sought clarity as to why the application was recommended for approval when there had been holding objections from Essex County Council Sustainable Drainage System (SUDS) and the Council’s Ecology Consultant.The Officer confirmed that these related to conditions which were separate from the specific Reserved Matters and would remain to be addressed prior to the commencement of development.

Councillor A S Fluker proposed to approve the application in line with the Officer’s recommendation and this was duly seconded.

The Chairperson put Councillor Fluker’s proposal to the Committee and this was agreed by assent.

RESOLVED that the application be APPROVED subject to the following conditions:

1          The development hereby permitted shall be begun before the expiration of two years from the date of this permission.

2          The development hereby permitted shall be carried out in complete accordance with the approved drawings and documents as follows:

•           J21.7584 M001 Location Map

•           J21.7584 M002 Location Plan

•           J21.7584 P202 Rev C Proposed Site Plan

•           J21.7584 P203 Proposed Setting Out Plan

•           J21.7584 P204 Rev A Proposed Ground Floor Plan – Unit 1

•           J21.7584 P206 Proposed Roof Plan – Unit 1

•           J21.7584 P207 Proposed Elevations – Unit 1

•           J21.7584 P208 Rev A Proposed Ground Floor Plan – Units 2-12

•           J21.7584 P209 Proposed Roof Plan – Units 2-12

•           J21.7584 P210 Proposed Elevations – Units 2-12

•           J21.7584 P211 Rev A Proposed Ground Floor Plan – Units 13-14

•           J21.7584 P212 Proposed Roof Plan – Units 13-14

•           J21.7584 P213 Proposed Elevations – Units 13-14

•           J21.7584 P214 Rev A Proposed Ground Floor Plan – Units 15-18

•           J21.7584 P216 Proposed Roof Plan – Units 15-18

•           J21.7584 P217 Proposed Elevations – Units 15-18

•           J21.7584 P218 Rev A Proposed Ground Floor Plan – Units 19-24

•           J21.7584 P219 Proposed Roof Plan – Units 19-24

•           J21.7584 P220 Proposed Elevations – Units 19-24

•           SP/MAP/01 Rev A Landscape Plan

•           Planting Specification

3          The proposed boundary treatments, as shown on approved drawing SP/MAP/01 Rev A Landscape Plan, shall be installed prior to the first occupation of any building and be retained in perpetuity as such thereafter.

4          No development above ground level, with the exception of demolition, shall take place until details of a scheme for electric car charging points, in accordance with the adopted Vehicle Parking Standards Supplementary Planning Document (SPD) (2018), shall be submitted to and approved  ...  view the full minutes text for item 313.