Agenda item

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

The Officer presented the report to the Committee and advised that the letters of representation shown in the Report and the Members’ Update were incorrect.  There had been 23 letters of support and 4 letters of objection received, as follows:

Support:

Mr Martin Frost, Perrins Colchester Road Great Totham Maldon Essex CM9 8ED

Mr David Goodwin, Slough House Farm Scraley Road Great Totham Essex CM9 8JA

Mr Daniel Gower, 2 Foster Road Great Totham Essex CM9 8PZ

Mr J Gower, 22 Heriot Way Great Totham Essex CM9 8BW

Mr S Gower, 18A Walden House Road Great Totham Essex CM9 8PN

Mr & Mrs J Gregan, Winwoof Lodge Totham Hill Green Great Totham Essex CM9 8DX

Miss A Gregory, 13 Spring Lane Great Totham Essex CM9 8DL

Mrs Rachel Hamilton, Lawns Farm 29 Plains Road Great Totham Maldon Essex CM9 8DT

Mrs Jacqueline Jenkins, Great Totham Garage 2 Hall Road Great Totham Essex CM9 8NN

Mrs Jan Lockett, 11 Staplers Heath Great Totham Maldon Essex CM9 8NG

Mr Brian Lorkin, 27 Totham Hill Green Great Totham Essex CM9 8DX

Brian & Theresa Marshall, Sheepcoates Hall Sheepcoates Lane Great Totham Essex CM9 8NT

Mr J Marven, Marvens Riding Stables Fanners Farm Wickham Bishops CM8 3LX

Mr & Mrs P Witney, 31 Totham Hill Green Great Totham Maldon Essex CM9 8DX

Mr & Mrs Petett, Hill Farm Beckingham Road Great Totham Essex CM9 8DY

M J Phillis, Godfreys Farmhouse Sheepcoates Lane Little Totham Maldon Essex

Mr N Reynolds, Longfield Plains Road Great Totham Essex

Stephen Ross & Amanda Burton, 10A Totham Hill Green Great Totham CM9 8DX 

Mr Robert Wakelin, 2 Jepcracks Farm Church Road Great Totham Maldon Essex

Mrs J White, 55 Maldon Road Great Totham Essex CM9 8NL

Mr & Mrs Brian Whiting, Hill House 1 Colchester Road Great Totham Essex CM9 8BZ

Peter Whitnall, 18 Totham Hill Green Great Totham Essex CM9 8DX

Daniel Wylie, Beckingham Manor Beckingham Road Great Totham Essex CM9 8EB

Object:

Mr & Mrs D Harris, 19 Totham Hill Green Great Totham Essex CM9 8DX

C A Heaviside, 12 Totham Hill Green Great Totham Essex CM9 8DX

Mrs Jean Perratt, Wesley Cottage 21 Totham Hill Green Great Totham Essex CM9 8DX

Mrs Gail Todd, Bean Cottage 14 Totham Hill Green Great Totham Essex CM9 8DX

Following the Officer’s presentation of the report, Mr J Gregan, a Supporter, of Winwoof Lodge, Totham Hill Green, Great Totham and Mr R King, the Applicant’s father, representing the Applicant, both addressed the Committee.

Councillor J V Keyes, a Ward Member, advised the Committee that he had called this application in to be considered by the Committee.  Permission was originally sought for a house on this site, whereas this application was for a bungalow where an old asbestos shed was currently situated.  Planning permission had been granted for a house on a site on the opposite side of the road.  Councillor Keyes proposed that this application be approved contrary to the Officer’s recommendation.

The Officer advised Members that the dwelling on the opposite side of the road for which permission had been granted was within the settlement boundary, whereas the application on this site was outside of the settlement boundary.

A discussion then ensued.  A previous application for a house on this site was dismissed on appeal, with the conservation officer’s concerns being a material consideration.  Members noted that the conservation officer had not raised any concerns regarding the application which was now being considered.  Although as this application was outline in nature, if Members were minded to approve it, then any conditions to be imposed by the conservation officer would be considered at the reserved matters stage.

Members raised concern that as this was an outline application and if permission was granted, then the applicant could come back with a very different proposal at a later stage.  However, attention was drawn to the fact that the application before the Committee, whilst outline, was clearly for a bungalow and that the site was right on the edge of the settlement boundary.

The proposal to approve this application was duly seconded and, upon a vote, the motion was passed.

RESOLVED that this application be APPROVED, subject to the following conditions:

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

2          Application 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.

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.

4          Prior to the commencement of development, details and samples of the external materials to be used on the dwelling hereby approved shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

5          As part of the reserved matters details of the siting, height, design and materials of the treatment of all boundaries including 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 use/occupation of the development to which it relates and be retained as such thereafter.

6          As part of the reserved matters full details of both hard and soft landscape works to be carried out shall be submitted to and approved in writing by the Local Planning Authority. These details shall include the layout of the hard landscaped areas with the materials and finishes to be used and details of the soft landscape works including schedules of shrubs and trees to be planted, noting the species, stock size, proposed numbers/densities and details of the planting scheme's implementation, aftercare and maintenance programme. The hard landscape works shall be carried out as approved prior to the beneficial occupation of the development hereby approved unless otherwise first agreed in writing by the Local Planning Authority. The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the commencement of the development, unless otherwise first 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.

7          Notwithstanding the details submitted with this application, no development shall commence, other than that required to carry out additional necessary investigation which in this case includes demolition, site clearance, removal of underground tanks and old structures, and any construction until an investigation and risk assessment has been submitted to and approved in writing by the local planning authority. The risk assessment shall assess the nature and extent of any contamination on the site whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include:

(i)      a survey of extent, scale and nature of contamination;

(ii)     an assessment of the potential risks to:

·   Human health,

·   Properly (existing or proposed) including buildings, crops,   livestock, pets, woodland and service lines and pipes,

·   Adjoining land,

·   Groundwaters and surface waters,

·   Ecological systems

·   Archaeological sites and ancient monuments;

(i)             an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted by a competent person and in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and the Essex Contaminated Land Consortium's 'Technical Guidance for Applicants and Developers' and is subject to the approval in writing of the Local Planning Authority.

8          No development shall commence, other than where necessary to carry out additional investigation, until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been submitted to and approved in writing by the local planning authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. The development hereby permitted shall not commence until the measures set out in the approved scheme have been implemented, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority may give approval for the commencement of development prior to the completion of the remedial measures when it is deemed necessary to do so in order to complete the agreed remediation scheme. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. This must be conducted by a competent person and in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and the Essex Contaminated Land Consortium's 'Technical Guidance for Applicants and Developers' and is subject to the approval in writing of the Local Planning Authority.

9          The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced. This must be conducted by a competent person and in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and the Essex Contaminated Land Consortium's 'Technical Guidance for Applicants and Developers' and is subject to the approval in writing of the Local Planning Authority.

10        In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 7, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 8. This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and the Essex Contaminated Land Consortium's 'Technical Guidance for Applicants and Developers' and is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 9.

11        Prior to the commencement of the development 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.

            Reason: To prevent pollution and to ensure the foul drainage scheme is adequate to serve the development in accordance with policy CON5 of the Maldon District Replacement Local Plan

12        Prior to the commencement of the development 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.

13        No unbound materials shall be used in the surface treatment of the proposed vehicular access within 6m of the highway boundary.

14        Any gates erected at the vehicular access shall be inward opening only and shall be recessed a minimum of 6m. from the highway boundary.