Agenda item

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

The presentation of the report was given by the Development Management Team Leader.

Councillor Mrs P A Channer left the meeting at 21:09.

Members discussed that the current property on the site had structural and drainage problems, and was also a very dominant house on the street scene.  Members considered the design exciting for the district and stated that it was interesting, modern, and a vast improvement to the current building.

A vote was taken on the Officers recommendation to approve the application, and was carried with seven votes in favour.

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.
REASON: To comply with Section 91(1) The Town & Country Planning Act 1990 (as amended).

2.                  The development herby permitted shall accord with that shown on drawing No's: HRB_CP, HRB_EX00_P_SP, HEB_EX01_P_LGF, HRB_EX02_P_GF, HRB_EX03_P_1F, HRB_EX04_P_2F, HRB_EX06_S_A-A REV A, HRB_EX07_S_B-B REV A, HRB_EX08_E_C-C REV A,  RB_EX09_E_DD REV A, HRB_EX10_E_E-E REV A, HRB_EX11_E_F-F REV A, HRB_EX12_E_G-G REV A, HRB_EX13_E_H-H REV A, HRB_EX14_E_GA REV A, MMX 207/1, MMX 207/2, HRB_PR00_P_SP, HRB_PR01_P_B, HRB_PR02_P_LGF, HRB_PR03_P_UGF, HRB_PR04_P_M, HRB_PR05_P_R, HRB_PR06_S_A-A,  RB_PR07_S_BB, HRB_PR08_S_C-C, HRB_PR10_S_E-E, HRB_PR11_S_F-F REV A, HRB_PE13_E_H-H REV A, HRB_PR14_E_J-J, HRB_PR15_E_K-K REV A, HRB_PR16_E_L-L, HRB_PR17_E_CY, HRB_SAB, HRB_SAG, HRB_SAL, HRB_SLP, HRB_TS, RB_01.1, RB_01.2, RB_01.3, RB_02.1, RB_02.2, RB_02.3, RB_02.4, RB_03.1, RB_03.2, RB_03.4, RB_04.1, RB_04.2A, RB_04.2B, RB_04.3, RB_04.3, RB_05.1, RB_05.3, RB_06.1, RB_06.2, RB_06.3, RB_07.1, RB_07.2 and RB_07.3.

REASON: To ensure that the development is carried out in accordance with the details as approved.

3.                  Prior to the commencement of the development hereby approved, samples of all materials to be used in the external elevations of the buildings hereby approved shall be submitted to and approved in writing by the Local Planning Authority. Subsequently the development shall only be undertaken using the approved materials.
REASON: In the interest of the character and appearance of the area in accordance with policy D1 of the approved Local Development Plan and guidance contained within the National Planning Policy Framework.

4.                  No development shall take place until full details of both hard and soft landscape works to be carried out including details of a planting implementation scheme, aftercare and maintenance and replacement programme out have been submitted to the Local Planning Authority for approval in writing. The scheme shall also include details of the planting of hedges at the site boundaries. The landscape works shall be carried out in accordance with the approved details with soft landscape works carried outwithin the first available planting season (October to March inclusive) following the occupation of the dwelling hereby approved.
REASON: To secure appropriate landscaping of the site in the interests of visual amenity and the character of the area in accordance with policy D1 of the Maldon District Local Development and the provision and guidance of the National Planning Policy Framework.

5.                  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.
REASON: To ensure the incorporation of an appropriate drainage scheme in accordance with policy D2 of the Maldon District Local Development Plan.

6.                  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.
REASON: To ensure the incorporation of an appropriate drainage scheme in accordance with policy D2 of the approved Maldon District Local Development Plan.

7.                  Notwithstanding the provisions of Article 3 of the Town & Country Planning (General Permitted Development) Order 2015 (or any Order amending, revoking or re-enacting that Order) no development as specified in Schedule 2, Part 1, Classes A, B, C, D, E or G other than those expressly authorized by this permission, shall be carried out without express planning permission first being obtained from the Local Planning Authority.
REASON: To enable the Local Planning Authority to safeguard the character and visual amenity of the approved dwelling and the area in accordance with policy D1 of the approved Maldon District Local Development Plan, the Maldon District Design Guide and the provisions and guidance as contained within the National Planning Policy Framework.

8.                  Prior to the first beneficial occupation of the dwelling hereby approved, the driveway and garage parking spaces shown on the approved plans which are attached to and form part of this permission shall be constructed, surfaced, laid out and made available for use in accordance with the approved scheme. The parking spaces shall be retained for such purposes at all times thereafter. REASON: To ensure appropriate parking is provided in accordance with policies T1 and T2 of the approved Maldon District Local Development Plan.

9.                  No development shall commence until information has been submitted and approved in writing by the local planning authority in accordance with the requirements of BS5837:2012 in relation to tree retention and protection as follows:

• Tree survey detailing works required

• Trees to be retained

• Tree retention protection plan

• Tree constraints plan

• Arboricultural implication assessment

• Arboricultural method statement (including drainage service runs and construction of hard surfaces)

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 detail.
REASON: To secure the retention of trees within the site in the interests of visual amenity and the character of the area in accordance with policy D1 of the approved Maldon District Local Development Plan.

10.              No development shall commence until details of existing ground levels and proposed finished ground and floor levels of the dwelling and all outbuildings at the site have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

REASON: In the interests of visual amenity and the character and of the area in accordance with policy D1 of the approved Maldon District Local Development Plan.

11.              All of the accommodation hereby approved shall only be used as a single dwelling and none of the accommodation shall be occupied as self-contained, independent residential accommodation.

REASON: To ensure that the accommodation remains ancillary to the existing dwelling house and does not create a separate or independent unit in accordance with policies D1 and H4 of the approved Maldon District Local Development Plan.

12.              Unless otherwise demolished as part of the construction of the development hereby approved, all parts of the existing dwelling and garage building shall be demolished, with all waste materials removed from the site, within three months of the first occupation of the dwelling hereby approved.

REASON: To ensure that the development is undertaken in accordance with the approved plans and in accordance with policies D1 and H4 of the approved Maldon District Local Development Plan

13.              In accordance with recommendations 2, 4, 5, 6, 7, 9, 10 and 11 of the

Ecological and Biodiversity Appraisal (MKA Ecology Limited, Version 2,

dated 05 February 2018).

REASON: To ensure the conservation interests identified in the report are satisfactorily protected in accordance with policy N2 of the approved Maldon District Local Development Plan.