Agenda and draft minutes

North Western Area Planning Committee
Monday 7th January 2019 7.30 pm

Venue: Council Chamber. Maldon District Council Offices, Princes Road, Maldon

Contact: Committee Services 

Items
No. Item

712.

Chairman's notices

Minutes:

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

713.

Apologies for Absence

Minutes:

There were none.

714.

Minutes of the last meeting pdf icon PDF 83 KB

To confirm the Minutes of the meeting of the Committee held on 26 November 2018 (copy enclosed).

Minutes:

RESOLVED that the Minutes of the meeting of the Committee held on 26 November 2018 be approved and confirmed.

715.

Disclosure of Interest

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).

 

Minutes:

Councillor J V Keyes disclosed a non-pecuniary interest in Agenda Item 9 – FUL/MAL/18/01403 Plainswood House, 25 Plains Road, Great Totham as he had bought items from the applicant, in a previous business had carried out haulage for the applicant and the land backed onto land he owned.

 

Councillor Mrs P A Channer declared a non-pecuniary interest as a Member of Essex County Council who were consulted on matters to with highways, education etc.  She also declared a non-pecuniary interest in Agenda Item 6 – FUL/MAL/18/01201 The Barn, Fambridge Road, Mundon as she knew the Agent.

 

Councillor M F L Durham declared a non-pecuniary interest as a Member of Essex County Council who were consulted on matters to with highways, education etc. 

 

Councillor H M Bass declared a non-pecuniary interest in the following applications:

·                    Agenda Item 6 – FUL/MAL/18/01201 The Barn, Fambridge Road, Mundon as he had made a Civic visit to these premises in his role as Chairman of the Council and met with the applicant, but as with all civic visits had not discussed planning.

·                    Agenda Item 8 – FUL/MAL/18/01362 Wickham Barn, Station Road, Wickham Bishops as he had visited the site and spoken to the applicant but not given any opinion.

·                    Agenda Item 9 – FUL/MAL/18/01403 Plainswood House, 25 Plains Road, Great Totham as he was acquainted with the applicant.

 

Councillor Miss S White declared a non-pecuniary interest in Agenda Item 6 – FUL/MAL/18/01201 The Barn, Fambridge Road, Mundon and Agenda Item 7 – FUL/MAL/18/01255 and LBC/MAL/18/01256 as she knew the applicant and objectors.

 

Councillor J P F Archer declared a non-pecuniary interest in Agenda Item 6 – FUL/MAL/18/01201 The Barn, Fambridge Road, Mundon and Agenda Item 7 – FUL/MAL/18/01255 and LBC/MAL/18/01256 as he knew the applicant and objectors.

 

 

The Committee received the reports of the Director of Strategy, Performance and Governance 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.

716.

FUL/MAL/18/01191 - Land North Of Poplar Grove Chase, Great Totham, Essex pdf icon PDF 318 KB

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

 

Minutes:

Application Number

ful/mal/18/01191

Location

Land North of Poplar Grove Chase Great Totham Essex

Proposal

One exemplar custom-built dwelling

Applicant

Mr & Mrs Lawson

Agent

Stanfords - Peter Le Grys

Target Decision Date

6 December 2018

Case Officer

Yee Cheung

Parish

GREAT TOTHAM

Reason for Referral to the Committee / Council

The application has been called in by Cllr Keyes on the grounds of public interest. 

 

Following the Officers’ presentation the Agent, Mr Le Grys addressed the Committee.

 

Councillor J V Keyes, a Ward Member, advised that he had called in this application and supported the proposed development.  Councillor D M Sismey, the other Ward Member, made reference to a recent appeal decision on this site which upheld the Council’s decision to refuse the previous application and although the design was semi-innovative he did not feel it was exceptional.

 

A debate ensued.  In response to questions, Officers highlighted the location of the Garden Suburb in relation to the site and explained that in order to comply with the exemption at paragraph 79 of the National Planning Policy Framework (NPPF) the design of a scheme had to really be innovative and outstanding.

 

Following further discussion, Councillor Keyes proposed that the application be approved, contrary to Officers recommendation and for reasons relating to the architectural design, its ecological value and an improvement to the surrounding area.  This proposal was duly seconded but upon a vote being taken the proposal was declared lost.  The Chairman then put the Officers’ recommendation of refusal to the Committee which upon a vote being taken was agreed.

 

RESOLVED that this application be REFUSED for the following reason:

1          The proposed development is not considered to be a truly outstanding or innovative design and therefore does not meet the requirement of Paragraph 79 of the National Planning Policy Framework.  The dwelling, by virtue of its location, scale, bulk and unsympathetic design, would be a visually prominent, intrusive and discordant feature within the street scene and the wider locality to the detriment of the openness of the countryside, causing unacceptable harm to the character and appearance of the rural landscape.  In addition, the position of the dwelling would be out of character with the prevailing pattern of development in the locality which would have a serious and adverse effect on the visual amenity of the wider rural area failing to provide any visual enhancement to the landscape.  The proposal would therefore fail to accord with Policies S1, S2, S8, D1 and H4 of the Maldon District Local Development Plan, and Government advice contained in the National Planning Policy Framework.

717.

FUL/MAL/18/01201 - The Barn, Fambridge Road, Mundon, Essex, CM9 6NL pdf icon PDF 255 KB

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

 

Additional documents:

Minutes:

Application Number

FUL/MAL/18/01201

Location

The Barn, Fambridge Road, Mundon

Proposal

Proposed single storey office extension and attached storage building with associated hardstanding and vehicle parking

Applicant

Mr. Ian Corcoran - I.D.Corcoran Ltd

Agent

Mr. Anthony Cussen - Cussen Construction Consultants

Target Decision Date

08.01.2019

Case Officer

Emma Worby

Parish

GREAT TOTHAM

Reason for Referral to the Committee / Council

Member Call In – Councillor Miss S White (public interest)

 

It was noted from the Members’ Update that reference to the Parish of Great Totham in the table above was incorrect and that this should state Purleigh.

 

Councillor Miss White, a Ward Member, proposed that the application be approved in accordance with Officers’ recommendation.  This proposal was duly seconded and upon a vote being taken agreed.

 

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 accordance with the following approved plans and documents: 1131/01, 1131/02, 1131/05, 1131/04, 1131/03, 1131/07, 1131.06, Noise Impact Assessment.

3          The materials used in the construction of the proposed development hereby approved shall be as set out within the application form/plans hereby approved.

4          No development works above ground level shall take place until details of the surface water drainage scheme to serve the development have been 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. The scheme shall ensure that for a minimum:

1)        The development should be able to manage water on site for 1 in 100 year events plus 40% climate change allowance.

2)        Run-off from a greenfield site for all storm events that have a 100% chance of occurring each year (1 in 1 year event) inclusive of climate change should be no higher than 10/ls and no lower than 1/ls. The rate should be restricted to the 1 in 1 greenfield rate or equivalent greenfield rates with long term storage (minimum rate 1l/s) or 50% betterment of existing run off rates on brownfield sites (provided this does not result in a runoff rate less than greenfield).

You are advised that in order to satisfy the soakaway condition the following details will be required: - details of the area to be drained, infiltration rate (as determined by BRE Digest 365), proposed length, width and depth of soakaway, groundwater level and whether it will be rubble filled.

 

Where the local planning authority accepts discharge to an adopted sewer network you will be required to provide written confirmation from the statutory undertaker that the discharge will be accepted.

5          All foul sewage shall discharge to the public sewer as specified in the application form, unless otherwise agreed in writing by the Local Planning Authority.

 

The premises shall only be occupied between 08:00 hours and 19:00 hours on Mondays to Saturdays, and shall be closed Sundays and Public  ...  view the full minutes text for item 717.

718.

FUL/MAL/18/01255 and LBC/MAL/18/01256 - Ferry Boat Inn, Ferry Road, North Fambridge, Essex, CM3 6LR pdf icon PDF 298 KB

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

 

Additional documents:

Minutes:

Application Number

FUL/MAL/18/01255

Location

The Ferry Boat Inn, Ferry Road, North Fambridge

Proposal

Demolition of existing conservatory and erection of new south bar/restaurant wing, kitchen extension to rear (east), demolition of existing north-west single-storey extension and internal alterations to existing inn, reorganisation of existing car park to west and modifications to car park access, creation of new patio and other paved areas

Applicant

Mr. Dylan Kalis - Yacht Havens Group

Agent

Mr. Chris Hewitt - 2C Design Consultants

Target Decision Date

11.12.2018

Case Officer

Emma Worby

Parish

TOLLESHUNT D’ARCY

Reason for Referral to the Committee / Council

Member Call In – Councillor Miss S White (public interest)

 

Application Number

FUL/MAL/18/01256

Location

The Ferry Boat Inn, Ferry Road, North Fambridge

Proposal

Demolition of existing conservatory and erection of new south bar/restaurant wing, kitchen extension to rear (east), demolition of existing north-west single-storey extension and internal alterations to existing inn, reorganisation of existing car park to west and modifications to car park access, creation of new patio and other paved areas

Applicant

Mr. Dylan Kalis - Yacht Havens Group

Agent

Mr. Chris Hewitt - 2C Design Consultants

Target Decision Date

11.12.2018

Case Officer

Emma Worby

Parish

TOLLESHUNT D’ARCY

Reason for Referral to the Committee / Council

Member Call In – Councillor Miss S White (public interest)

 

It was noted from the Members’ Update that reference to the Parish of Tolleshunt D’Arcy in the table above was incorrect and that this should state North Fambridge.

 

Following the Officers’ presentation the Agent, Mr Hewitt addressed the Committee.

 

Councillor H M Bass proposed that the Committee deal with both the FUL and Listed Building application together.  This proposal was duly seconded.  The Chairman advised that there was still a need to have separate votes on both applications.

 

Councillor Miss S White, a Ward Member, referred to the design and supported the proposed development on balance.  Councillor J P F Archer, the other Ward Member, supported these views, provided some history regarding the application and referred to how the pub was a focal point and good for the village of North Fambridge.  The views of the Ward Members were supported by other Members of the Committee. 

 

Councillor Mrs P A Channer disclosed an interest in this application as it was in her Essex County Division, she had frequented the pub over a number of years and knew the previous landlord.

 

Following further discussions, Councillor Miss White proposed that both applications be approved, contrary to the Officers’ recommendation.  This was duly seconded.  In response the Officer clarified and it was agreed that the reasons for approval related to the support for local employment and business, the design being acceptable and the benefits outweighing harm to the listed building.  The Officer then outlined a number of conditions to be applied to the applications should the Committee be mindful to approve the applications.  Upon votes being taken both applications were approved contrary to Officers’ recommendations for the reasons detailed above with appropriate conditions as outlined by Officers.

 

At this  ...  view the full minutes text for item 718.

719.

FUL/MAL/18/01362 - Wickham Barn, Station Road, Wickham Bishops, Essex, CM8 3JB pdf icon PDF 316 KB

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

 

Additional documents:

Minutes:

Application Number

FUL/MAL/18/01362

Location

Wickham Barn Station Road Wickham Bishops

Proposal

Removal of Condition 6 on approved application FUL/MAL/16/00218 (Erection of part single, part two storey outbuilding in the grounds of Wickham Barn for use as artist’s studio / workshop and short-term living accommodation for visiting artists)

Applicant

Mr Jolyon Madden

Agent

Holmes & Hills LLP

Target Decision Date

10 January 2019

Case Officer

Yee Cheung

Parish

WICKHAM BISHOPS 

Reason for Referral to the Committee / Council

The planning application is called in by Councillor H M Bass on the grounds of public interest. 

 

It was noted from the Members’ Update that a consultation response had been received from the Conservation Officer.

 

Following the Officers’ presentation the Applicant, Mr Madden addressed the Committee.

 

Councillor H M Bass, a Ward Member, advised that he had called in this application and provided Members with some history of the site and surrounding area where some exemptions had previously applied in relation to planning approval.  He supported the proposal and felt that if this was a new application an exemption under Section 79 of the National Planning Policy Framework could be applied.  Councillor Bass felt that the building should be preserved and sought the support of the Committee to grant approval.

 

A debate ensued.  In response to a question, the Development Control Team Leader advised the Committee that it could refuse the application, remove the condition or vary the condition.  Should Members be mindful to approve the application Officers would be suggesting alternative conditions for the other permissions to reflect that some of the conditions had been discharged, rather than need them to be discharged again. 

 

Councillor Bass proposed that the application be approved, contrary to Officers’ recommendation for reasons relating to section 79 of the National Planning Policy Framework.  Members were advised that Officers would also suggest with the removal of condition 6 that all other conditions be amended to reflect the discharge that has occurred.  This was noted.  The proposal was duly seconded and upon a vote being taken this was duly agreed.

 

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 drawings approved under the terms of application 16/00218/FUL: 1603.01.01, 1603.01.02, 1603.03.01, 1603.03.02, 1603.03.03, 1603.03.04

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

2          The materials used in the construction of the development hereby approved shall be as approved under the terms of discharge of condition application 17/05074/DET unless otherwise approved in writing by the Local Planning Authority.

REASON: To ensure the use of appropriate materials for the development in the interest of visual amenity, and in accordance with policies S1, D1 and H4 of the Maldon District Local Development Plan

3          Unless otherwise approved in writing by the Local Planning Authority, the hard and soft landscaping of the site shall be undertaken in full accordance with the details approved under the terms of discharge of condition application  ...  view the full minutes text for item 719.

720.

FUL/MAL/18/01403 - Plainswood House, 25 Plains Road, Great Totham, Essex, CM9 8DT pdf icon PDF 226 KB

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

 

Additional documents:

Minutes:

Application Number

FUL/MAL/18/01403

Location

Plainswood House, 25 Plains Road, Great Totham

Proposal

Construction of detached garages, gymnasium and garden room

Applicant

Mr. Thomas Gregan

Agent

Mr. Anthony Cussen - Cussen Construction Consultants

Target Decision Date

08/01/2019

Case Officer

Emma Worby

Parish

GREAT TOTHAM

Reason for Referral to the Committee / Council

Member Call In – Councillor J Keyes (public interest)

 

It was noted from the Members’ Update that a consultation response from Great Totham Parish Council had been received.

 

Councillor Mrs P A Channer advised that she should have declared a non-pecuniary interest in this application as she knew the Agent.

 

Councillor J V Keyes, a Ward Member, referred to having called in the application and provided Members with some detail regarding the surrounding area.  He advised that he had no objection to the development and proposed that it be approved, contrary to Officers recommendation.  This proposal was duly seconded.

 

In response to a question, Members were advised that the development was more than 4m tall which was why it required planning permission.

 

In light of the earlier proposition the Officer highlighted a number of conditions to be applied if Members’ were mindful to approve the application and it was clarified that the reasons for approval should relate to the visual impact being acceptable in the rural setting and having no harmful impact to the neighbours.  The Chairman then put the proposal in the name of Councillor Keyes, duly seconded and upon a vote being taken this was agreed.

 

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

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

REASON: To comply with Section 91(1) of The Town & Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.         The development shall be carried out in accordance with the following approved plans and documents: 1077/15, 1077/16 and 1077/17

REASON: For the avoidance of doubt as to the extent of this permission.

3.         The external surfaces of the building(s) shall be constructed of the materials set out on the application form/approved plans submitted with the application.

REASON: To ensure the proposed development has a suitable design quality and visual impact in the interests of protecting the character and appearance of the site and the surrounding area, in accordance with policies D1 and H4 of the Maldon District Local Development Plan.

4.         The building hereby approved shall not be used at any time for any purpose other than purposes ancillary to the residential use of the dwelling known as Plainswood House, 25 Plains Road, Great Totham.

REASON: To clarify the terms of the permission and protect the rural character of the site in accordance with policies S1, S8, D1 and H4 of the Maldon District Local Development Plan.