Agenda item

To consider the planning application and recommendation of the Director of Planning and Regulatory Services (copy enclosed, Members’ Update to be circulated).

It was noted from the Members’ Update that a letter of objection had been received from Mr K Phillips of 57 Spital Road, Maldon, CM9 6DZ and a further Officer assessment was detailed.

Following the Officers’ presentation, the Chairman advised Members that he had agreed for Mr John Harwood to speak on behalf of the applicant.  Mr Harwood then addressed the Committee.

Councillor Mrs P A Channer declared an interest in this application.

A debate ensued and comments were raised regarding access to the site, in particular, access by the emergency services.  In response to questions, the Group Manager - Planning Services provided clarification in respect of building regulations and that the area edged in red on the plans was within the applicant’s control.  It was noted that could condition against parking in a specific area of the site, but the dwelling would become a zero parking dwelling and Officers advised that Members needed to be mindful of this. 

Councillor Rev. A E J Shrimpton proposed that the application be approved, contrary to Officers recommendation.   This was duly seconded.

Councillor Miss M R Lewis proposed that the application be refused subject to removal of the second suggested reasons for refusal.  This was seconded..  The Chairman put this to the Committee and upon a vote being taken the motion was declared lost.

The Chairman then put the proposition of approval, in the name of Councillor Shrimpton, to the Committee.  Prior to voting on approval the Group Manager - Planning Services outlined a number of suggested conditions to be applied to the application if Members’ were mindful to approve seeking clarification in respect of car parking condition.  Upon a vote being taken this was agreed subject to the conditions as outlined by the Officer.  The Chairman clarified that no condition regarding car parking had been agreed.

RESOLVED 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 accord with that shown on drawing No's, 5683/02 REV A, 5683/04 REV A, 5683/01 REV A and 5683/06 which are specifically referenced on this decision notice and forms part of this permission.

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 the Local Planning Authority for approval in writing.  The development shall be carried out in accordance with the approved materials.

4                    No development shall take place until a scheme for the provision and implementation of a surface water drainage scheme has been submitted to the Local Planning Authority for approval in writing.  The scheme shall be constructed and completed in accordance with the approved plans and prior to the occupancy of any part of the development.

5                    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.

INFORMATIVES

1          Should the existence of any contaminated ground or groundwater conditions and/or hazardous soil gases be found that were not previously identified or not considered in a scheme agreed in writing with the Local Planning Authority, the site or part thereof shall be re-assessed and a scheme to bring the site to a suitable condition shall be submitted to and agreed in writing with the Local Planning Authority.  A "suitable condition" means one in that represents an acceptable risk to human health, the water environment, property and ecosystems and scheduled ancient monuments and cannot be determined as contaminated land under Part 2A of the Environmental Protection Act 1990 now or in the future.

The work will be undertaken by a competent person in accordance with the Essex Contaminated Land Consortium's Land Contamination Technical Guidance for Applicants and Developers and UK best-practice guidance.

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

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 0730 hours and 1800 hours on weekdays; between 0800 hours and 1300 hours on Saturdays and not at any time on Sundays and Public Holidays.

3          The applicant should consult the Waste and Street Scene Team at Maldon District Council to ensure that adequate and suitable facilities for the storage and collection of domestic waste and recyclables are agreed, and that the site road is constructed to accommodate the size and weight of the Council's collection vehicles.