Agenda item

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

A Members’ Update had been circulated prior to the meeting that detailed a second consultation from the Parish Council. A further verbal Members’ Update was received detailing an additional condition for section 8 of the report, that ensured the first floor windows on both the northern side elevation of plot 1 and the southern side elevation of plot 2 were obscure glazed and of a non-opening design.

Following the Officer’s presentation, the Chairman opened the debate.

Councillor Channer, having called in the application, referred to paragraph 3.3.1 of the Officer’s report that stated, ‘on balance the proposed development would be acceptable and in accordance with the National Planning Policy Framework’. She expressed concern regarding the small size of the properties and the overall design in relation to other properties in the surrounding area. These concerns were echoed by both Councillor Bell and Councillor Helm. It was noted that whilst small properties were needed in the area, these looked squeezed into a small space.

The Lead Specialist Place referred to the Officer’s report at paragraph 3.1.1 where it was noted that the site was an eclectic mix of properties in terms of design and appearance. He reminded Members that as decision-makers it was imperative to decide if this application would cause demonstrable harm to the area given the existing mix and design of properties.

There being no further discussion the Chairman moved the Officer’s recommendation to approve the application subject to all conditions and this was seconded by Councillor Beale.

Following a vote and there being an equality of votes the Chairman used 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) The Town & Country Planning Act 1990 (as amended).

2.       The development hereby permitted shall be carried out in accordance with the following approved plans and documents: MA-1006-01, MA-1006A-02B, MA-1006A-03, MA-1006A-04A and MA-1006A-05A

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

3.       The materials used in the construction of the development hereby approved shall

be as set out within the application form/plans hereby 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.

4.       Prior to the occupation of the dwelling hereby approved, full details of both hard and soft landscape works shall be submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include, for example:

i.         Proposes finished levels contours;

ii.       Hard surfacing materials;

iii.     Planting details.

The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the occupation of the development 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 interests of local amenity in accordance with the requirements of policies D1 and H4 of the Maldon District Local Development Plan and the provision and guidance as contained within the National Planning Policy Framework.

5.     No development works above ground level shall occur until 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. 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 ensure the incorporation of an appropriate surface water drainage scheme in accordance with policy D2 of Maldon District Local Development Plan.

6.     No development works above ground level shall occur until details of the foul 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.

REASONTo ensure the incorporation of an appropriate foul water drainage scheme in accordance with policy D2 of Maldon District Local Development Plan.

7.     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 (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.

REASONIn the interests of local amenity in accordance with the requirements of policies D1 and H4 of the Maldon District Local Development Plan and the provision and guidance as contained within the National Planning Policy Framework.

8.     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 of the dwelling hereby permitted without planning permission having been obtained from the local planning authority.

REASONIn the interests of local amenity in accordance with the requirements of policies D1 and H4 of the Maldon District Local Development Plan and the provision and guidance as contained within the National Planning Policy Framework.

9.     All loading / unloading / reception and storage of building materials and the

manoeuvring of all vehicles, including construction traffic shall be undertaken within the application site, clear of the public highway

REASON In the interest of pedestrian and highway safety during construction works, in accordance with policy T2 of the LDP

10.  The hardstanding proposed to the front of each dwelling as shown on plan MA-1006A-05A, shall be used solely for parking and shall be retained as such in perpetuity.

REASON To ensure sufficient on-site parking provision is provided in the interests of highway safety and that appropriate parking is provided in accordance with policies D1 and T2 of the approved Local Development Plan. 

11.  To ensure the first floor windows to the northern side elevation of Plot 1 and the southern side of Plot 2 are obscure glazed and of a non-opening design.

REASON To protect the residential amenity of neighbouring occupiers, in accordance with policy D1 of the approved Local Development Plan and guidance contained within the National Planning Policy Framework