Agenda item

Application Number	25/00482/RESM
Location	Land South Of Wycke Hill And Limebrook Way Maldon Essex
Proposal	Reserved matters application for the approval of access, appearance, landscaping, layout and scale on approved planning application 25/00483/VARM (Variation of conditions 30 and 31 on approved planning permission 22/00393/VARM (Variation of condition 35 (details of employment land) on approved planning permission 20/00074/FUL ( Variation of condition 10 (speed review strategy) and 20 (pedestrian/cycle crossing of Limebrook Way) on approved application 19/01134/FUL (Removal of condition 11 (details of 'Access Link Strategy') on approved planning application FUL/MAL/18/00071 (Variation of conditions 5,13,21,25,43,53,55,61,63,67, 68,69,74,81,84 on approved application OUT/MAL/14/01103 (Outline application for up to 1000 dwellings, an employment area of 3.4 hectares (Use Classes B1, B2 and B8 uses), a local centre (Use Classes A1-A5, B1a, C2, C3, D1 and D2 uses), a primary school, two early years and childcare facilities, general amenity areas and formal open space including allotments, sports playing fields, landscaping, sustainable drainage measures including landscaped storage basins and Sustainable Drainage Systems (SuDs) features, vehicle accesses onto the existing highway network and associated infrastructure.)) Details of Local Centre.
Applicant	HDD Maldon Limited And Taylor Wimpey UK Limited
Agent	James Clark - Pegasus Planning Group
Target Decision Date	2 July 2026 (extension of time agreed)
Case Officer	Gareth Ball
Parish	Maldon West
Reason for Referral to the Committee / Council	Director of Place, Planning and Growth considers in consultation with the Chairperson that the proposal is of particular strategic interest.

 

A Members’ Update had been circulated, which detailed amendments to a number of paragraphs and revisions to conditions 8 and 9 within the Officers’ report.

 

Following the Officers’ presentation, the Agent, Mr Croft, addressed the Committee.

 

A number of Members spoke during the debate that followed and, in response to comments made, the following information was provided by Officers:

 

·                The outline planning permission relating to this application had been granted before paragraph 87 of the National Planning Policy Framework was introduced, which related to refusing planning applications for hot food takeaway and fast-food outlets close to schools. Therefore, this application could not be refused on that basis.

 

·                In response to a comment regarding a proposed graphic which showed the letters ‘Maldon’ down the side of a building, the Officer advised that an additional condition could be added to reconsider or amend this.

 

·                The Officer provided clarification regarding a comment in the report about the existing care home stock, explaining that the assessment carried out by the applicant had highlighted that only a small number had bedrooms which were en-suite or had wet rooms.

 

·                The scale, appearance and height of the proposed development were what had been approved in the parameter plan and it was 2.3m higher than the school on the site.

 

·                The residential nursing and care home was a Class C2 unit, was not classed as supported living, and therefore its effect on the Council’s Five-Year Housing Land Supply would be neutral.

 

·                The proposed parking allocation for the care home was based on the number of staff and visitors to the site. The Officer clarified that, although the proposed allocation was slightly below the recommended levels in the Council’s Vehicle Parking Standards Supplementary Planning Document, a number of changes had been made to the site to improve its design and usability, and other car parking spaces were available on the site.

 

·                The application included dedicated spaces for services and delivery, although a specific parking space for ambulances was not detailed. The Officer highlighted a proposed turning area which could be used by ambulances with safe access to the care home.

 

During the debate, Councillor A S Fluker commented on the application and proposed that Members approve the application in accordance with the Officers’ recommendation. This proposal was duly seconded.

 

The Chairperson then moved the proposal of approval in the name of Councillor Fluker and, upon a vote being taken, this was agreed. It was also agreed that an additional condition regarding the proposed ‘Maldon’ signage down one of the buildings would be included. Members noted that the approval was subject to the applicant entering into a Unilateral Undertaking.

 

RESOLVED that this application be APPROVED subject to the applicant entering into a Unilateral Undertaking to secure the planning obligations detailed below and subject to conditions as detailed below and additional condition agreed:

 

HEADS OF TERMS OF ANY SECTION 106 AGREEMENT

·                Signing of a Unilateral Undertaking to secure a Recreation Disturbance Avoidance Mitigation Strategy (RAMS) contribution of £5,793.15 which equates to the equivalent of 33 C3 units (as per Natural England guidance). The sum is payable prior to the occupation of the first care home room.

·                No other new planning obligations are required – the appropriate obligations were secured through the Section 106 legal agreement bound to the Outline Permission.

 

CONDITIONS:

1.              Approved Plans

The development shall be carried out in accordance with the following approved plans:

·                23469 - 0330 Rev P-07 - Proposed Phasing Plan

·                23469-0100 Rev P-01 - Site Location Plan

·                23469-0300 Rev P-30 - Proposed Overall Site Plan

·                3804-HIA-01-XX-DR-A-0101 - Proposed Site Plan P10

·                23142 - 010 Proposed site access parcel B

·                23142 - TR001 Swept path analysis refuse vehicles

·                23142 - TR002 Swept path analysis FTA Design 10m rigid vehicle

·                23142 - TR003 Proposed site layout care home swept path analysis 7.5 tonne box van

·                23142 - TR004 Proposed site layout parcel C Swept path analysis 12m Rigid Vehicle

·                23142 - TR005 Proposed site layout parcel C swept path analysis refuse vehicle

·                23469 - 0320 Rev P-09 Proposed Boundary Treatment Plan

·                23469 - 0325 Rev P-11 Pedestrian & Cycle Route Access Plan

·                23469 - 0350 Rev P-02 Bin & Cycle Store Details

·                23469 - 0401 Rev P-01 Block 1 - Proposed Elevations

·                23469 - 0402 Rev P-01 Block 2 - Proposed Elevations

·                23469 - 0403 Rev P-01 Block 3 - Proposed Elevations

·                23469 - 0404 Rev P-01 Block 4 - Proposed Elevations

·                23469 - 0405 Rev P-01 Block 5 - Proposed Elevations

·                23469 - 0411 Rev P-02 Block 1 - Proposed Floor & Roof Plan

·                23469 - 0412 Rev P-02 Block 2 - Proposed Floor & Roof Plan

·                23469 - 0413 Rev P-02 Block 3 - Proposed Floor & Roof Plan

·                23469 - 0414 Rev P-00 Block 4 - Proposed Floor & Roof Plan

·                23469 - 0415 Rev P-00 Block 5 - Proposed Floor & Roof Plan

·                3804-HIA-01-00-DR-A-0201 Rev P6 Proposed Ground Floor Plan

·                3804-HIA-01-01-DR-A-0211 Rev P6 -Proposed First Floor Plan

·                3804-HIA-01-02-DR-A-0221 Rev P6-Proposed Second Floor Plan

·                3804-HIA-01-XX-DR-A-0301 Rev P3-South & East Elevations

·                3804-HIA-01-XX-DR-A-0302 Rev P3-North & West Elevation

·                3804-HIA-01-XX-DR-A-2701-Rev P2 Roof Plan

·                3804-HIA-XX-00-DR-A-0102-Rev P2 Boundary Treatment Plan

·                GTC-E-SS-0012_R2-2_1_of_1 Close Coupled Substation pyramid roof detail general arrangement

·                LL1784-001 Rev C - Street Lighting Layout - Private

·                LL1784-002 Rev A - Street Lighting Layout - Private

·                LPME-BSP-ZZ-XX-DR-C-0210 Rev P05 - Proposed Levels

·                LPME-BSP-ZZ-XX-DR-C-0240 Rev P06 - Proposed Drainage Layout

·                P23-2037 EN_0001_S1_REV C Detailed Soft Landscape Proposals (Retail Units 1-4)

·                P23-2037 EN_0002_S1_REV A Detailed Soft Landscape Proposals (Retail Unit 5)

·                P23-2037 EN_0003_S1_REV E Detailed Soft Landscape Proposals (Care Home)

·                Z5112-001 Rev P4 - Limebrook Local Center Culvert Crossing

·                23469-0330 Proposed Use Class Plan

 

2.              Shrub/hedge Protection

No development within each phase of the development shall commence until fencing/ground protection to protect the hedges/shrubs to be retained within that phase of the development has been erected in accordance with BS5837:2012, details of which shall have been submitted to the LPA for written approval for that phase of the development. The protective fencing shall be erected before the commencement of any clearing, demolition and building operations and shall be retained until all equipment, machinery and surplus materials have been removed from the site for that phase of the development

 

The protective fencing shall be maintained until all equipment, machinery and surplus materials have been removed from the site for that phase of the development. Within the fenced protection zone nothing shall be stored or placed, no fires lit, no vehicle shall gain access, ground levels shall not be altered, no excavation shall be made and no structure shall be erected. If within five years from the completion of each phase of the development a retained shrub or hedge is removed, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, a replacement shrub or hedge shall be planted within that phase of the development of such species and size and shall be planted at such time, as specified in writing by the local planning authority.

 

3.              Care Home Access

Prior to the first occupation of Parcel C the access arrangements, as shown in principle on Connect Consultants drawing no. 23142-010, shall be fully implemented and retained as such for the life of the development. Reason: To ensure that appropriate and safe access is provided.

 

4.              Access Provision

Prior to the first occupation each phase, the parking, vehicle and cycle, and turning areas for that phase, as indicated on the approved plans, shall be provided and retained as such for the life of the relevant phase of development.

 

5.              Care Home Use

Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended) and the Town and Country Planning (General Permitted Development) Order (2015) (as amended), the building annotated as “Care Home” on the hereby approved “23469-0330 Proposed Use Class Plan” shall be used solely as a ‘residential care home’ or ‘nursing home’ under Use Class C2 (residential institutions) and for no other purposes whatsoever.

 

6.              Retail Unit Use

Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended) and the Town and Country Planning (General Permitted Development) Order (2015) (as amended), the building annotated as “Retail Unit 6” on the hereby approved “23469-0330 Proposed Use Class Plan” shall be used solely as a ‘retail unit’ within Use Class E(a) and for no other purposes whatsoever.

 

7.              External Materials

Prior to the commencement of any development above ground level for each phase of development, an updated materials plan and samples of all external facing materials to be used, including glazing (no glazing sample required), shall be submitted to, and approved in writing for that phase of development by, the Local Planning Authority. The details shall be generally in accordance with the submitted ‘External Materials Schedule’. The hereby approved works must then be carried out strictly in accordance with the approved details with that phase of development.

 

8.              Acoustic Fence

Prior to the first use of any hereby approved commercial unit within the Phase 5 area of the indicative submitted plan ‘PROPOSED PHASING PLAN 23469-0330 P-07’, details of the required acoustic fence to be provided along the eastern boundary of the service yard of Phase 5 (as shown on ‘Phasing Plan 23469-0330 P-05’) shall be submitted to, and approved in writing by, the Local Planning Authority. The approved acoustic fencing shall be implemented in accordance with the approved details prior to the first use of any commercial unit within Phase 5 and retained in accordance with the details for the duration of the development.

 

9.              Public Art

Notwithstanding the submitted plans and prior to the commencement of any above ground development within Phase 5 (as shown on ‘Phasing Plan 23469-0330 P-07’) details of the Decorative Feature Panel on the northern elevation of Unit 6 shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented prior to Unit 6 being opened to the public and retained for the life of Unit 6 unless otherwise agreed in writing by the Local Planning Authority.

 

10.           Parking Management Plan

Prior to the occupation of any use falling within Use Classes E(f), F1, F1a, F1b, F1c, F1d, F1e, F1f, F1g, Ed, F2c or F2d as defined within the Town and Country Planning (Use Classes) Order 1987 (as amended) and the Town and Country Planning (General Permitted Development) Order (2015) (as amended), within any phase of development hereby approved, a Parking Management Plan demonstrating suitable and sufficient car parking for that use, including any measures required to mitigate parking stress, shall be submitted to and approved in writing by the Local Planning Authority. Any measures required in any approved Plan shall be implemented prior to the occupation of the relevant building and retained as such for the duration of that use.