Agenda item

To consider the report of the Director of Place, Planning and Growth, (copy enclosed, Members’ Update to be circulated)*.

The Officer presented the report. Following this the Applicant Robert Smith addressed the Committee.

Members were reminded that this application had been considered by this Committee at its meeting on 22 October 2025 and due to an error had been brought back for fresh consideration. Members then commended the applicant for working with Maldon District Council to address some of the Committees concerns.

Following this Councillor P L Spenceley proposed that they approve this application. This was duly seconded

In accordance with Procedure Rule No. 13 (3) the Chairperson requested a recorded vote. She then put the proposal to approve the application to the Committee, and the voting was as follows:

For the recommendation:

Councillors J R Burrell-Cook, S J Burwood, S Dodsley, J Driver, A M Lay, N D Spenceley and P L Spenceley.

Against the recommendation:

None.

Abstention:

None.

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

1               Notwithstanding the time limits given to implement planning permission as prescribed by Sections 91 and 92 of the Town and Country Planning Act 1990 (as amended), this permission in so far as it relates to the development (being granted under section 73A of the Act in respect of development already carried out) shall have effect from the date of this decision notice.

2               The site shall only be used for the storage of empty bins, empty skips and lorries associated with neighbouring use and for no other purpose including any purpose as defined within Class B8 of the Schedule to the Town & Country Planning [Use Classes] Order 1987 [as amended] [or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that Order with or without modification]. 

3               The use hereby permitted shall only be undertaken between 08:00 hours and 18:00 hours on weekdays and between 08:00 hours and 13:00 hours on Saturdays and not at any time on Sundays and Public Holidays.

4               Deliveries to and collections from the site shall only be undertaken between 08:00 hours and 18:00 hours on weekdays and between 08:00 hours and 13:00 hours on Saturdays and not at any time on Sundays and Bank and Public Holidays.

5               No waste transfer processes or cleaning processes shall be undertaken on site.

6               No bins or skips shall be stacked, stored or deposited on the site to a height exceeding 2.0 metres.

7               No means of external illumination of the site shall be installed at the site.

8               Within 2 months of the date of this planning permission a Flood Warning and Evacuation Plan [FWEP] shall be submitted to and approved in writing by the local planning authority. The approved measures within the Flood Warning and Evacuation Plan [FWEP] shall be implemented within one week following its written approval by the local planning authority, shall be made available for inspection by all users of the site and shall be displayed in a visible location all times thereafter.

9               Within 2 months of the date of this planning permission, the site shall be laid out in accordance with the approved plans and retained as such.

10            Within 2 months of the date of this planning permission full details of soft landscape works to be carried out within the site shall be submitted to and approved in writing by the local planning authority. This shall include 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 soft landscape works shall be carried out as approved within first available planting season (October to March inclusive) following approval of the soft landscaping works. 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.

11            Within 2 months of the date of this planning permission details of an acoustic fence to be installed within the site but adjacent to the existing north eastern site boundary with the public footpath connecting Bates Road to Hall Road and The Street in Heybridge to the north shall be submitted to and approved in writing with the local planning authority. The acoustic fence as approved shall be then erected within 1 month following approval of the details and shall be retained as such at all times thereafter.