Agenda item

To consider the planning application and recommendations of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated)*.

The Committee considered the report of the Director of Planning and Regulatory Services and determined the following planning application, having taken into account all representations and consultation replies received, including those listed on the Members’ Update circulated at the meeting.

Following the Officers’ presentation Mr Douglas Channer of The Tree House, Summerhill, Althorne, Essex, an Objector, addressed the Committee.

Councillor R P F Dewick declared for the record that he knew the Objector.

Members debated this application in depth and, in particular, the loss of light to the kitchen at the neighbouring kitchen.  In response to questions the Group Manager - Planning Services advised:

·                 that the previous application did not contain a refusal for the reason of impact on the neighbouring dwelling;

·                 that the kitchen did have other sources of light;

·                 that for demonstrable harm to be shown it would be determined on the test of reasonableness;

·                 a larger extension would be possible under permitted development, although there would need to be a larger gap between the existing property and the neighbouring property.

Following discussion the Chairman put to the meeting the Officers’ recommendation to approve this application and on a vote being taken this was not agreed.

In response to the Chairman’s request for a separate proposal to refuse this application, potential reasons for refusal were identified and agreed.

Councillor A S Fluker requested that his abstention from voting on this application be recorded in the Minutes.

RESOLVED that this application be REFUSED for the following reason:

1          The proposed development, due to its siting and depth, would result in an unneighbourly form of development to the detriment of the amenity of the neighbouring dwelling, The Tree House, resulting in an oppressive relationship and perceived and actual loss of light, contrary to Maldon District Replacement Local Plan policies BE1 and BE6 and policy D1 of the submitted Local Development Plan as well as government guidance contained within the National Planning Policy Framework.

?

POSITIVE AND PROACTIVE STATEMENT

Town and Country Planning (Development Management Procedure) (England) Order 2015 - Positive and Proactive Statement:

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with the proposal by clearly setting these out in the reason for refusal. Members of the planning committee took the decision to refuse planning permission. The Local Planning Authority is willing to liaise with the Applicant/Agent to discuss the best course of action and is also willing to provide pre-application advice in respect of any future application for a revised development.  Details of our pre-application advice service can be found on our website; https://www.maldon.gov.uk/info/20046/development_management/9227/planning_advice_and_information

Councillors R G Boyce, M W Helm and R Pratt left the Chamber at this point in the meeting.