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 a Supporter Mark Nicholson addressed the Committee.

Discussion then ensued between Members with some showing concern over the application being inappropriate for the site. Councillor S J N Morgan then proposed that the application be refused. This was duly seconded.

Upon a vote being taken this proposal was refused.

The Chairperson then put the proposal of the officer recommendation to approve to the Committee.

Upon a vote being taken this proposal was approved

At this point in the meeting Councillor S J N Morgan left the chamber and did not return.

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. 

2        The development hereby permitted shall be carried out in accordance with the following approved plans stated on the Decision Notice. 

3        The materials used in the construction of the development hereby approved shall be as set out within the application form, approved plans and supporting statement. 

4        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 10l/s and no lower than 1l/s. 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. 

5        Prior to first occupation of the dwelling hereby approved, the foul drainage for the dwelling must either be connected to mains drainage or a small sewage treatment plant of adequate capacity for the dwelling. Any small sewage treatment plant installed must discharge treated effluent in a manner which complies with the General Binding Rules at the time of installation. 

6        No unbound material shall be used in the surface treatment of the vehicular access within 6 metres of the highway boundary. 

7        Prior to first occupation of the development, cycle parking shall be provided in accordance with Maldon District Council’s Parking Standards. The approved facility shall be secure, convenient, covered and retained at all times. 

8        Prior to first occupation of the development, the Developer shall be responsible for the provision, implementation and distribution of a Residential Travel Information Pack for sustainable transport, as approved by Essex County Council, to include six one day travel vouchers for use with the relevant local public transport operator. This pack, including tickets, is to be provided by the Developer to the dwelling free of charge. 

9        No development shall commence until information has been submitted to and approved in writing by the local planning authority in accordance with the requirements of BS5837:2012 in relation to tree retention and protection. The submission shall include a finalised Arboricultural Method Statement, including drainage service runs, construction of hard surfaces, construction of the garage/cart lodge within the root protection area, root pruning operations, tree protection fencing and ground protection measures. 

The protective fencing and ground protection shall be retained until all equipment, machinery and surplus materials have been removed from the site. If within five years from the completion of the development an existing tree is removed, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, a replacement tree shall be planted within the site of such species and size and shall be planted at such time, as specified in writing by the local planning authority. The tree protection measures shall be carried out in accordance with the approved details. 

10      All mitigation measures and/or works shall be carried out in accordance with the details contained in the Preliminary Ecological Appraisal (Ask Ecology, March 2026) as submitted with the planning application and agreed in principle with the local planning authority prior to determination. 

This may include the appointment of an appropriately competent person, e.g. an ecological clerk of works (ECoW), to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details. 

11      Prior to the commencement of development, a Great Crested Newt Method Statement shall be submitted to and approved in writing by the local planning authority. This shall contain precautionary mitigation measures and/or works to reduce potential impacts to Great Crested Newt during the construction phase. 

The measures and/or works shall be carried out strictly in accordance with the approved details and shall be retained in that manner thereafter. 

12      Prior to any works above slab level, a Biodiversity Enhancement Strategy for protected, Priority and threatened species, prepared by a suitably qualified ecologist in line with the recommendations of the Preliminary Ecological Appraisal (Ask Ecology, March 2026), shall be submitted to and approved in writing by the local planning authority. 

The content of the Biodiversity Enhancement Strategy shall include the following: 

a) Purpose and conservation objectives for the proposed enhancement measures; 

b) detailed designs or product descriptions to achieve stated objectives; 

c) locations of proposed enhancement measures by appropriate maps and plans (where relevant); 

d) persons responsible for implementing the enhancement measures; and 

e) details of initial aftercare and long-term maintenance (where relevant). 

The works shall be implemented in accordance with the approved details and shall be retained in that manner thereafter. 

13      Prior to occupation, if any external lighting is proposed, a lighting design strategy for biodiversity in accordance with Guidance Note 08/23 (Institute of Lighting Professionals) shall be submitted to and approved in writing by the local planning authority. The strategy shall: 

a) identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and 

b) show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places. 

All external lighting shall be installed in accordance with the specifications and locations set out in the approved scheme and maintained thereafter in accordance with the approved scheme. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority. 

14      Prior to the commencement of the development the applicant shall submit in writing a construction management plan to the local planning authority for approval. Within the construction management plan it must consider the following requirements: 

The applicant should ensure the control of nuisances during construction works to preserve the amenity of the area and avoid nuisances to neighbours and to this effect: 

a) no waste materials should be burnt on the site, instead being removed by licensed waste contractors; 

b) no dust emissions should leave the boundary of the site; 

c) consideration should be taken to restricting the duration of noisy activities and in locating them away from the periphery of the site; 

d) hours of works: works should only be undertaken between 08:00 hours and 1800 hours on weekdays; between 0800 hours and 1300 hours on Saturdays and not at any time on Sundays and Public Holidays. 

15      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), or any order revoking and re-enacting that Order with or without modification, no development falling within Schedule 2, Part 1, Classes A to H of the Order shall be carried out to the dwellinghouse hereby approved without the prior written permission of the Local Planning Authority.