Agenda and minutes

The Chairman drew attention to the list of notices published on the back of the agenda.

There were none.

To confirm the Minutes of the meeting of the Committee held on 28 November 2016 (copy enclosed).

RESOLVED that the Minutes of the meeting of the Northern Eastern Area Planning Committee held on 28 November 2016 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 highways, footpaths, education and other matters.

To receive an Officer led presentation.

There was no Members’ Briefing at this meeting.

To consider the planning application and recommendations of Chief Executive (copy enclosed, Members’ Update to be circulated)*.

RESOLVED that this application be APPROVED subject to the following condition:

1                     The development hereby permitted shall be used solely for the private stabling of horses owned and tended by the occupiers of the dwellinghouse known as 'Bridlemere Place' shown edged in blue on the approved location plan, drawing no. 16-100-PP-02 and for no other purpose including for the purposes of business or commercial use, livery or riding school.

2                     No floodlighting or other external form of illumination of the site or stables hereby approved shall be undertaken without the prior written approval of the Local Planning Authority.

3                     No jump equipment or other form of riding obstacle shall be placed upon the land nor shall any caravan or similar chattel be stationed on the site without the prior written approval of the Local Planning Authority.

4                     No manège, riding arena, hardstanding or similar finished surface, other than those forming part of this permission, shall be constructed within the site without the prior written approval of the Local Planning Authority. 

5                     The stables hereby permitted shall not be used unless and until details of the arrangements for the storage, drainage and disposal of manure, bedding and liquid animal wastes have been submitted to and approved in writing by the local planning authority.  All such wastes shall be stored and disposed of in accordance with the scheme as approved.

6                     There shall be no burning of animal or stable wastes anywhere on the site as shown edged in red (or blue) on the plans which are attached to and form part of this permission.

To consider the planning application and recommendations of the Chief Executive (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation of the report, a question was raised regarding the outline of the site in question.  In response, the Officer clarified that the conditions provided for the main dwelling and the usage of the stables to be tied together.

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

1                     The development hereby permitted shall be carried out in complete accordance with the approved drawings specifically referenced on this decision notice.

2                     The development hereby permitted shall be used solely for the private stabling of horses owned and tended by the occupiers of the dwellinghouse known as ‘Purleigh Grange’ shown edged in blue on the approved location plan, drawing no. 106-01A and for no other purpose including for the purposes of business or commercial use, livery or riding school.

3                     No floodlighting or other external form of illumination of the site or stables hereby approved shall be undertaken without the prior written approval of the Local Planning Authority.

4                     No jump equipment or other form of riding obstacle shall be placed upon the land nor shall any caravan or similar chattel be stationed on the site without the prior written approval of the Local Planning Authority.

5                     No manège, riding arena, hardstanding or similar finished surface, other than those forming part of this permission, shall be constructed within the site without the prior written approval of the Local Planning Authority. 

6                     The stables hereby permitted shall not be used unless and until details of the arrangements for the storage, drainage and disposal of manure, bedding and liquid animal wastes have been submitted to and approved in writing by the local planning authority.  All such wastes shall be stored and disposed of in accordance with the scheme as approved.

7                     There shall be no burning of animal or stable wastes anywhere on the site as shown edged in red (or blue) on the plans which are attached to and form part of this permission.

To consider the planning application and recommendations of the Chief Executive (copy enclosed, Members’ Update to be circulated)*.

The Officer presented the report and advised Members that there were some administrative errors in the conditions.  If Members were minded to approve this application, then it would be subject to those amendments being made.  Following the presentation of the report, Mr J Greenhow, from the Agent, addressed the Committee.

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: 13.2085/M002 Rev B, 13.2085/E102 REV A,  13.2085/E103 REV A, 13.2085/E104 REV B, 13.2085/E105 REV B, 13.2085/P201 REV B, 13.2085/P202 REV B, 13.2085/P203 REV B, 13.2085/P204 REV C, 13.2085/P205 REV C.

3          All rainwater goods shall be of cast metal with a black painted finish unless otherwise agreed in writing by the Local Planning Authority and retained as such thereafter.

4          All weatherboarding shall be black painted or black stained timber only and retained as such thereafter.

5          All windows and doors shall be black painted or black stained timber only and retained as such thereafter.

6          Prior to the commencement of the development large scale drawings [1:20] shall be submitted to show all new window frames, external doors and door frames including sections through the head, jamb, cill and glazing bars.  The details shall be submitted to and approved in writing by Local Planning Authority. The development shall be carried out in accordance with the approved details and retained as such thereafter.

7          Prior to the commencement of the development samples of the roof and ridge coverings to be used 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 and retained as such thereafter.

8          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  ...  view the full minutes text for item 843.

To consider the planning application and recommendations of the Chief Executive (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation of the report, together with the addendum thereto, Mrs Wylie of Silver Gale, 42 Maldon Road, Goldhanger, an Objector and Peter Le Grys, on behalf of the Agent, addressed the Committee.

Members discussed this application in detail and Councillor E L Bamford, a Ward Member advised the Committee that Goldhanger Parish Council had made very strong objections to this application, but unfortunately they were not submitted in the correct manner.  Notwithstanding this, the Parish Trigger would not have brought this application before the Committee.

Members raised concerns regarding the issues to be dealt with by conditions and, in response, the Group Manager for Planning Services advised that there was extensive and clear guidance that a scheme cannot be refused when a condition can overcome any perceived harm.  Members were reminded that outline planning permission had already been approved and this application was for reserved matters only.

In response to a question regarding detailed landscaping, the Interim Head of Planning Services recommended that if Members were minded to approve this application, then the condition relating to landscaping be agreed in consultation with the Chairman of this Committee and the Ward Members.

A question was asked regarding surface water drainage and the Group Manager for Planning Services advised Members that it would not be proportionate for a condition regarding the maintenance of surface water drainage to be imposed on the Applicants.

RESOLVED that this application be APPROVED subject to the reserved matters being considered by Officers in consultation with the Chairman of this Committee and Ward Members and subject to the following conditions:

1          The development hereby permitted shall begin no later than two years from the date of this decision.

2          The developmentshallbe carriedoutinaccordancewiththe followingapprovedplansand documents: AH02/PA001B, AH02/PA002, AH02/PA003, AH02/PA004, AH02/PA005, AH02/PA006, AH02/PA007, AH02/PA008 & AH02/PA009.

3          Prior to the commencement of the development details of the measures to be taken for the disposal of foul and surface water shall be submitted to and approved in writing by the Local Planning Authority.  The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority.

4          Prior tothe constructionofthe dwellingsherebyapprovedwritten detailsandsamples ofthe materialsto be usedin the construction ofthe externalsurfacesofthe dwellingshave beensubmittedto and  ...  view the full minutes text for item 844.

To consider the planning application and recommendations of the Chief Executive (copy enclosed, Members’ Update to be circulated)*.

Following the Officer’s presentation of the report, Members raised concern that the Environmental Health department had not made any comments regarding the disposal of asbestos.  The Group Manager for Planning Services advised that this was not a planning consideration, although it could be added as an informative if Members were minded to approve this application.  Members also requested that condition 4 be amended to tie the site to the dwelling house known as “Grove Wood”.

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 approved drawings: 16/9538/DWG/AJ/09, 16/9538/DWG/AJ/06, 16/9538/DWG/AJ/08 REV A, 16/9538/DWG/AJ/01, 16/9538/DWG/AJ/03, 16/9538/DWG/AJ/04 REV A, PROPOSED ELEVATIONS, PROPOSED FLOOR PLAN.

3          No development shall take place until written details and samples of all materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority.  The development shall be carried out using the materials and details as approved.

4          The outbuilding hereby approved shall be used for the accommodation of equipment for the management and maintenance of the woodland within the site and for any purpose incidental to the enjoyment of the dwelling house known as “Grove Wood” as such but shall not at any time be converted or used as habitable space/living accommodation.

INFORMATIVE

1.                  As the building is known/suspected to contain asbestos, an appropriate asbestos survey of the buildings shall be undertaken and a scheme implemented to remove and safely dispose of any asbestos-containing materials if alterations are to be made.  These shall be in accordance with the Control of Asbestos Regulations 2006 including the use of licensed and premises to carry and dispose of the waste.

To consider the planning application and recommendations of the Chief Executive (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.

3          The external surfaces of the extension hereby approved shall be constructed of materials and finish as detailed within the application.

4          Prior to the commencement of the development details of the surface water drainage scheme to serve the development shall be submitted to and agreed in writing by the Local Planning Authority.  The agreed scheme shall be implemented prior to the first occupation of the development.

To consider the report of the Chief Executive on the following matters:

(i)        Appeals Lodged

(ii)       Appeal Decisions

(i)                 Appeals Lodged:

It was noted from the Agenda and Members’ Update that the following appeals had been lodged with the Planning Inspectorate:

Appeal Start Date: 1 December 2016

Application Number: FUL/MAL/16/00296 (APP/X1545/W/16/3163155)

Site: Land Between 4 Oaktrees And Lee Cottages The Street Little Totham

Proposal: Three bed dwelling

Appeal by: Mr J Purdy

Appeal against: Refusal

Appeal procedure requested: Written Representation

Appeal Start Date: 07/12/2016 

Enforcement Notice Reference Number: ENF/16/00189/01

Appeal Reference Number: APP/X1545/C/16/3161468

Site: Rudley Oaks Chelmsford Road Purleigh

Alleged Breach of Planning Control: Without planning permission the unauthorised 

A)        Change of use of the land to use as residential curtilage.

B)        The unauthorised erection of two detached outbuildings on the land

C)        The unauthorised creation of a swimming pool on the land

D)        The unauthorised erection of walls, gates, fences and other means of enclosure on the land

Appeal by: Mr John Lawrence

Grounds of Appeal:

·                that there has not been a breach of planning control

·                that, at the time of the enforcement notice was issued, it was too late to take enforcement action against the matters stated in the notice

·                that the time given to comply with the notice is too short.

          Appeal procedure requested: Written Representations

Appeal Start Date: 21/12/2016

Application Number: OUT/MAL/16/00858 (APP/X1545/W/16/3163300)

Site: Land South Of Buller Lodge, Buller Road, North Fambridge, Essex

Proposal: Proposal for a small two bedroom bungalow (Plot 5). (Plots 1 to 4 as previously approved).

Appeal by: Lord Ronald Rayner

Appeal against: Refusal

Appeal procedure requested: Written Representations

Appeal Start Date: 21/12/2016

Application Number: OUT/MAL/16/00289 (APP/X1545/W/16/3162631)

Site: Land Opposite 34 Hall Road - Great Totham

Proposal: Residential development

Appeal by: J & M Developers

Appeal against: Refusal

Appeal procedure requested: Written Representations

(ii)               Appeal Decisions:

It was noted from the agenda and Members’ Update that the following appeal decisions had been received from the Planning Inspectorate. 

FUL/MAL/15/01300 (Appeal Ref: APP/X1545/W/16/3155729)

Proposal: Erection of detached bungalow with associated parking, landscaping and ancillary works.

Address: Rosemead, D'Arcy Road, Tolleshunt Knights, Essex

Decision Level: Committee as per Officer recommendation to refuse

APPEAL DISMISSED – 1 December 2016

OUT/MAL/15/01061 (Appeal Ref: APP/X1545/W/16/3147983)

Proposal: Outline planning application with all matters reserved for the construction of 10 dwellings with associated off-street parking

Address: Development At Beckingham Road, Beckingham Road, Tolleshunt D'Arcy

Decision Level: Delegated

APPEAL DISMISSED – 2 December 2016

PARTIAL COSTS ALLOWED – 2 DECEMBER 2016  

FUL/MAL/16/00330 (Appeal Ref: APP/X1545/W/16/3153508)

Proposal: Retrospective - Erection of shed.

Address: Mackmurdos, Beacon Hill, Wickham Bishops, Essex, CM8 3EA

Decision Level: Delegated

APPEAL ALLOWED – 6 December 2016

FUL/MAL/14/00769 (Appeal Ref: APP/X1545/W/15/3038212)

Proposal: The change of use of land to the stationing of caravans for residential purposes for 2No. gypsy pitches together with the formation of hardstanding and utility/day-room ancillary to that use.

Address: Rose Stables Land South Of Captains Wood Road - Great Totham

APPEAL ALLOWED – 14 December 2016

FULL AWARD OF COSTS AGAINST THE COUNCIL ALLOWED – 14 December 2016

DECISION LEVEL: Committee (overturned Officer recommendation to approve)

FUL/MAL/16/00152 (Appeal Ref: APP/X1545/W/16/3156693)

Proposal: Redevelopment  ...  view the full minutes text for item 847.