Agenda item

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

A Members’ Update had been submitted advising that no objections had been received from Essex Highways.

Councillor Channer, having called in the application, said that she knew the site and given it was clear there had been an original dwelling there had sympathy with the applicant. She said she recalled a like application some time back that had been refused by Committee and subsequently agreed by the Inspector.

The Lead Specialist Place said that previous like applications may have had intent to protect the property through for example continuous payment of Council Tax. However, that was not the case in this instance, where no tax had been paid for over twenty years, so the residential use had ceased, and the dwelling abandoned.

A debate ensued where concerns were raised about some of the reasons for refusal outlined in the report. The consensus was that a replacement dwelling rather than harmfully altering the character of the area or having an unacceptable visible impact would be an improvement. However, the Committee further agreed it should not be a two storey building. 

Councillor Bell felt that a replacement dwelling would not have a harmful impact and therefore proposed that the application be approved, contrary to the Officer’s recommendation. Councillor Fluker said that he supported the principle of a replacement dwelling but that it be conditioned to a reasonable height, with a caveat against a traditional two storey building.

Councillor Channer said she would support this with the proviso that the remaining conditions be delegated to officers in consultation with the Chairman and Ward Members. 

The Chairman put the proposal to approve the application, contrary to the Officer’s recommendation, subject to a caveat against a traditional two storey dwelling and a Unilateral Undertaking being submitted with conditions delegated to Officers in consultation with the Chairman and Ward Members, to the Committee. Upon a vote being taken the application was approved. 

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

1.               The development shall be carried out in accordance with plans and particulars relating to the appearance, access, landscaping, layout 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.

REASON:The application as submitted does not give particulars sufficient for consideration of the reserved matters.

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.

REASON:To comply with the requirements of Section 92 of the Town & Country Planning Act 1990 (as amended).

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.

REASON:To comply with the requirements of Section 92 of the Town & Country Planning Act 1990 (as amended).

4.             No works above ground level shall take place until written details of the proposed materials to be used in 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.

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.

5.           No works above ground level shall take place until details of the siting, height, design and materials of the treatment of all boundaries including existing hedging, gates, fences, walls, railings and piers have been submitted to and approved in writing by the local planning authority. The screening as approved shall be constructed prior to the first occupation of the development to which it relates and be retained as such thereafter.

REASON: In the interest of local amenity and in accordance with policy D1 of the Maldon District Local Development Plan.

6.               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 plant and materials

iii.        storage of plant and materials used in constructing the development

iv.        wheel and under body washing facilities

REASON: To ensure that on-street parking of these vehicles in the adjoining streets does not occur, in the interests of highway safety and Policy T2 of the Local Development Plan.

7.               No works above ground level shall take place until details of the surface water drainage scheme and foul drainage scheme to serve the development has 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.

REASON: To ensure the adequate provision of surface water drainage within the proposal and to encourage sustainable forms of drainage within development in accordance with the National Planning Policy Framework, and policy D5 of the Maldon District Local Development Plan.

8.               The scheme to be submitted pursuant to the reserved matters shall make provision for car parking within the site in accordance with the Council's adopted car parking standards. Prior to the occupation of the development the parking areas shall be constructed, surfaced, laid out and made available for such purposes in accordance with the approved scheme and retained as such thereafter.

REASON:To ensure appropriate parking is provided in accordance with the Council's adopted Vehicle Parking Standards, in accordance with policy T2 of the approved Maldon District Local Development Plan.

9.           Full details of both hard and soft landscape works shall be submitted to and approved in writing by the local planning authority prior to any works occurring above ground level at the application site. These details shall include, for example:

i.      Proposes finished levels contours;

ii.     Means of enclosure;

iii.    Car parking layouts;

iv.    Other vehicle and pedestrian access and circulation areas;

v.      Hard surfacing materials;

vi.    Minor artefacts and structures (e.g furniture, play equipment, refuse or other storage units, signs, lighting);

vii.   Proposed and existing functional services above and below ground (e.g drainage power, communications cables, pipelines etc,  indicating lines, manholes, supports);

viii.  Retained historic landscape features and proposals for restoration, where relevant.

The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the occupation of any part of the development hereby approved unless otherwise agreed in writing by the local planning authority. If within a period of five years from the date of the planting of any tree or plant, or any tree or plant planted in its replacement, is removed, uprooted, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree or plant of the same species and size as that originally planted shall be planted in the same place, unless the local planning authority gives its written consent to any variation.

The hard landscape works shall be carried out as approved prior to the first use / occupation of the development hereby approved and retained and maintained as such thereafter.

REASON:In the interest of the character and appearance of the area, in accordance with policies S8, D1 and H4 of the approved Maldon District Local Development Plan and the National Planning Policy Framework.

10.            The development shall not exceed 7 metres in height overall.

REASON:To protect the character and appearance of the site and the surrounding area, in accordance with policies S8, D1 and H4 of the approved Maldon District Local Development Plan and the National Planning Policy Framework.

11.            The eaves shall not exceed 3.5 metres in height and any first-floor accommodation shall only be located within the roof.

REASON: To protect the character and appearance of the site and the surrounding area, in accordance with policies S8, D1 and H4 of the approved Maldon District Local Development Plan and the National Planning Policy Framework.

12.            Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking or re-enacting that Order) no garages, extensions or separate buildings shall be erected within the site without planning permission having been obtained from the local planning authority.

REASON: To protect the character and appearance of the site and the surrounding area, in accordance with policies S8, D1 and H4 of the approved Maldon District Local Development Plan and the National Planning Policy Framework.

13.            Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking or re-enacting that Order) no dormer window or other form of addition or opening shall be constructed in the roof or gable walls of the building(s)/ extension hereby permitted without planning permission having been obtained from the local planning authority.

14.            REASON: To protect the character and appearance of the site and the surrounding area, in accordance with policies S8, D1 and H4 of the approved Maldon District Local Development Plan and the National Planning Policy Framework.

Councillor M W Helm returned to the Chamber.