Agenda item

20/00411/FUL - Land South of Red Lyons Lodge, Burnham Road, Latchingdon, Essex

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

 

Minutes:

Application Number

20/00411/FUL

Location

Land South Of Red Lyons Lodge, Burnham Road, Latchingdon Essex

Proposal

New dwelling with cart lodge garage

Applicant

Mr Baldock

Agent

Mr Sebastian Walsh - Hibbs And Walsh Associates Ltd

Target Decision Date

EOT 07.08.2020

Case Officer

Annie Keen

Parish

LATCHINGDON

Reason for Referral to the Committee / Council

Departure from Local Plan

 

A Members’ Update was submitted detailing an additional letter of support.

 

Following the Officer’s presentation, the Chairman moved the recommendation that planning application 20/00411/FUL, Land South of Red Lyons Lodge, Burnham Road, Latchingdon be approved subject to the conditions as detailed in Section 8 of the report. This was seconded by Councillor Boyce.

 

Both Ward Members agreed that this was a previously agreed site with no valid planning reasons to refuse.

 

Councillor Channer expressed grave concerns regarding the previous approval in 2016 approved under the old Local Development Plan (LDP) requiring no Unilateral Agreement in relation to the Essex Coast RAMS. She felt it contravened the adopted LDP, there had been no technical start therefore previous approval had expired and should now be treated as  a new application.

 

The Lead Specialist Place, noting that to a certain extent this was correct, reminded the Committee that each application had to be considered on its own merits. In this instance the planning permission was granted in 2016 therefore the principle had been established and accepted. Officers considered that the previous decision of approval was substantial and should be a material consideration in this application. Furthermore, the decision to grant planning permission now would cause no additional harm than when last granted in 2016 when it was found to be acceptable by the Inspector.

 

There being no further discussion the Chairman put the Officer’s recommendation of approval to the Committee.  Upon a vote being taken and there being an equality of votes the Chairman exercised his casting vote and the application was 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 this permission.

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

2.               The development shall be carried out in accordance with the following approved plans and documents: 20/26/01, 20/26/02 Rev A, 20/26/03 Rev C, 20/26/04 Rev A, 20/26/05 Rev A, 20/26/06 Rev A, 20/26/07, 20/26/08, 20/26/09.

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

3.               No development works above ground level shall take place until written details or annotated high-quality photographs of 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.

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.               Within the first available planting season (October to March inclusive) following the commencement of the development a hedgerow shall be planted and maintained along the boundaries of the access to the site and along the east and south eastern boundaries of the site. Unless otherwise first agreed in writing with the local planning authority the hedgerow shall be of the following specification: -

 

·                 Field Hedge - A mixed indigenous hedgerow to be made up of at least 80% Hawthorn (Crataegus monogyna), with the remaining a mixture of other locally indigenous species such as holly, hazel, blackthorn, or elder, and incorporating within the hedgerow trees of a species chosen from the following - Oak (Quercus robur), Ash (Fraxinus excelsior), Field Maple (Acer campestre). - The hedgerow plants shall be planted as a double staggered row, with rows 300mm apart and plants spaced at 450mm centres along each row.

 

·                 The plants shall be planted into ground previously cleared of all weed growth and mulched with a fabric/polythene sheet mulch and/or organic mulch.

 

·                 Shrub guards should be used to protect the plants. If within five years of the planting of the hedge any plant is removed, uprooted, destroyed or dies another plant of the same species and size shall be planted in the first available planting season, unless the local planning authority gives written consent to any variation.

REASON: To ensure that the details of the development are satisfactory in accordance with policy D1 of the Maldon District Local Development Plan and the guidance contained in the Maldon District Design Guide SPD.

5.               The cartlodge garage/studio hereby permitted shall only be used for those purposes ancillary and incidental to the use of the dwelling house to which it relates and not for any commercial or business purpose or as annex accommodation. The stables hereby to be retained 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 ensure the outbuildings are used for their specific and justified purpose in the interests of site's location within the rural countryside in accordance with policies S8 and D1 of the Local Development Plan.

6.               Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008 (or any Order amending, revoking or re-enacting that Order) no garages, extensions or separate buildings (other than ancillary outbuildings not exceeding 10 cubic metres in volume) 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 rural countryside from any significant outbuilding development within the site in accordance with policies S8 and D1 of the Local Development Plan.

7.               There shall be no raising of ground levels within the site and no development works above ground level shall occur before details of the ground floor slab level have been submitted to and approved by the local planning authority and the scheme shall be implemented in accordance with the details so approved.

REASON: To ensure that the visual impact of the development in its wider setting is respected in accordance with policies S8 and D1 of the Local Development Plan.

8.               No development works above ground level shall take place until full details of hard 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 colour materials and finishes to be used and the proposed method(s) of surface water drainage. The hard landscape works shall be carried out as approved prior to the first occupation of the development hereby approved unless otherwise first agreed in writing by the local planning authority.

REASON: To ensure the appearance of appropriate hardstanding within the rural area and appropriate methods of releasing surface water through permeable surfaces across the site in accordance with policies S8 and D1 of the Maldon District Local Development Plan.

9.               Full details of the provision and subsequent retention of soft landscape works on the site 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:

1)        Details of proposed schedules of species of trees and shrubs to be planted, planting layouts with stock sizes and planting numbers / densities.

2)        Details of the planting scheme implementation programme, including ground protection and preparation, weed clearance, stock sizes, seeding rates, planting methods, mulching, plant protection, staking and/or other support.

3)        Details of the aftercare and maintenance programme.

 

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.

REASON: To ensure that the details of the development are satisfactory in accordance with policy D1 of the Maldon District Local Development Plan and the guidance contained in the Maldon District Design Guide SPD.

10.            No development works above ground level shall commence until details of the foul and surface water drainage schemes to serve the development have been submitted to and agreed in writing by the local planning authority. The agreed schemes shall be implemented prior to the first occupation of the development.

REASON: To ensure that no flood risk is presented to the occupiers of adjacent land and to prevent potential pollution in accordance with policy D5 of the Maldon District Local Development Plan.

11.            Prior to works above ground level the mobile home and all resulting materials are to be removed from the site.

REASON: In the interest of the character and appearance of the area in accordance with policies D1 of the approved Local Development Plan and guidance contained within the National Planning Policy Framework.

Supporting documents: