Agenda item

To consider the planning application and recommendations of the Chief Executive copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update that a consultation response had been received from Maldon Town Council and 13 letters of objection relating to application FUL/MAL17/00449 and eight letters of objection relation to application LBC/MAL/17/00450.

Following the Officers’ presentation an objector, Ms Val Wilson addressed the Committee.

In response to a question regarding the level of objection received, the Group Manager - Planning Services advised that the level of objection was not a material consideration, it was about the value and content of the letters.  Members had to determine an application in accordance with the development plan unless material considerations indicated otherwise.  Members were advised that there was also extensive case law that volume of objections was not a material consideration.

In light of the concerns raised Councillor M S Heard sought confirmation as to whether an Environmental Impact Assessment (EIA) should be requested.  In response the Officer advised that there were specific requirements to meet when requesting an EIA and this application would not meet them.

A number of Members spoke in support of the application and specific reference was made to this application being smaller than the application already given planning permission.

In response to a question regarding sheds on the site and the allocation of the land should they be removed, the Officer explained that if Members were mindful to approve the application then a condition could be added relating to this.

Councillor A T Cain proposed that the applications be approved.  The Chairman then put approval of the applications to the vote and this was duly agreed.

RESOLVED

FUL/MAL/17/00449

That this 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 complete accordance with the approved drawings specifically referenced on this decision notice.

3          No development shall take place until written details or samples of all materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority.  The development shall be carried out using the materials and details as approved.

4          No trees within the site shall be felled, cut back, damaged or removed, unless otherwise first agreed in writing with the local planning authority.  No development shall commence until information has been submitted and approved in writing by the Local Planning Authority in accordance with the requirements of BS 5837:2005 in relation to tree retention and protection as follows:

·                 Tree report detailing retained trees and works required;

·                 Tree retention protection plan;

·                 Tree constraints plan;

·                 Arboricultural impact assessment;

·                 Arboricultural method statement (including drainage service runs, construction of foundations and hard surfaces).

5          No development shall commence until fencing and ground protection to protect the trees shall be erected, details to be submitted and approved as per BS 5837:2005, and ground protection been erected details of which shall have been submitted to the local planning authority for written approval.   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.

6          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. The scheme shall ensure that for a minimum:

·                 Run-off from the site is limited to greenfield rates for a storm event that has a 100% chance of occurring each year (1 in 1 year event).

·                 The development should be able to manage water on site for 1 in 100 year events plus 40% climate change allowance.

LBC/17/00450

That LISTED BUILDING CONSENT be GRANTED 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 complete accordance with the approved drawings specifically referenced on this decision notice.

3          No development shall take place until written details or samples of all materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and approved in writing by the local planning authority.  The development shall be carried out using the materials and details as approved.