Agenda item

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

Following the Officer’s presentation, the Chairman addressed a public participation submission from the applicants Mr and Mrs K Paton.

The Chairman then moved the recommendation as set out in the report and this was seconded by Councillor Stamp.

There being no further discussion the Chairman put the Officer’s recommendation to approve the application to the Committee, upon a vote being taken it was unanimously approved.

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 the original permission 18/00839/FUL, as approved on 20.06.2019.

REASON  To comply with Section 91(1) of The Town & Country Planning Act 1990 (as amended).

2.         The development hereby permitted shall be carried out in complete accordance with approved drawings: 1142/01 A - Location Plan, 1142/03 A - Proposed Floor Plan, 1142/02 B - Proposed Site Plan, 1142/04 A - Elevations Sheet 1 of 2, 1142/05 A - Elevations Sheet 2 of 2.

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

3.         Prior to their use in the development hereby approved, details or samples of the materials to be used in the construction of the external surfaces, including windows and doors, of the development hereby approved shall have been submitted to and approved in writing by the local planning authority.  The development shall be carried out in accordance with the approved details.

REASON  To ensure the external appearance of the development is appropriate to the locality in accordance with policy D1 of the approved Maldon District Local Development Plan and the guidance contained in the Maldon District Design Guide SPD.

4.         Prior to the occupation of the development hereby approved details of the boundary treatment of the site shall be submitted to and approved in writing by the Local Planning Authority.  The boundary treatment shall be provided prior to the use of the site and building hereby approved in accordance with the approved details and be retained as such in perpetuity.

REASON  To ensure the external appearance of the development is appropriate to the locality and that the development would protect the amenities of the neighbouring occupiers in accordance with policy D1 of the approved Maldon District Local Development Plan and the guidance contained in the Maldon District Design Guide SPD.

5.         The stables hereby permitted shall be used solely for the private stabling of horses and no business or commercial use including for the purposes of livery or any riding school activity shall take place at the site.

REASON  To protect residential amenity in compliance with the NPPF and policies D1 and H4 of the approved Local Development Plan and the guidance contained in the MDDG SPD.

6.         The storage area hereby permitted shall be used solely in association with the equestrian use of the site or for agricultural purposes and for no other use falling within B8 (storage and distribution) use of the Town and Country Planning (Use Classes) Order 1987 (as amended).

REASON  To protect residential amenity in compliance with the NPPF and policies D1 and H4 of the approved Local Development Plan and the guidance contained in the MDDG SPD.

7.         No development works above ground level shall occur until details of the surface water 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. 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) 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.

REASON  To avoid the risk of water flooding and pollution in accordance with policy D2 of the Maldon Local Development Plan (2017).

8.         Removed

9.         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.

REASON  To protect the character of the area and residential amenity in compliance with the NPPF and policies D1 and H4 of the approved Local Development Plan and the guidance contained in the MDDG SPD.

10.       No floodlighting or other external form of illumination of the site shall be undertaken without the prior written approval of the local planning authority.  Prior to the use of the development hereby permitted, details of any proposed floodlighting and all other external illumination of the site shall be submitted to and approved in writing by the local planning authority.  All illumination within the site shall be retained in accordance with the approved details.  There shall be no other lighting of the external areas of the site unless otherwise agreed in writing by the local planning authority.

REASON  To protect residential amenity in compliance with the NPPF and policies D1 and H4 of the approved Local Development Plan and the guidance contained in the MDDG SPD.

11.       An arboricultural method statement and tree protection plan in accordance with BS5837:2012 shall be submitted to and approved in writing by the local planning authority prior to the commencement of the development.  The development shall thereafter be implemented in accordance with the approved details.

REASON  To secure the retention of appropriate landscaping and protection of the TPO trees of the site in the interests of visual amenity and the character of the area and for their biodiversity value in accordance with Policies D1 and N2 of the Maldon District Local Development Plan and the Maldon District Design Guide.

12.       The public’s rights and ease of passage over restricted byway number 17 in Mayland shall be maintained free and unobstructed at all times.

REASON  To ensure the continued safe passage of the public on the definitive right of way and accessibility in accordance with policies T1 and T2 of the Maldon District Local Development Plan.

Councillor A L Hull left the meeting for this item of business.