Agenda item

To consider the report of the Director of Planning and Regulatory Services (copy enclosed).

The Committee received the Officers report and noted that the Members’ Update confirmed that no objection had been received from the Environment Agency.

Following the Officer’s presentation, Mr Sean Martin from David Wilson Homes, the Agent, addressed the Committee.

Members queried whether the application was in keeping with the Strategic Housing Market Assessment (SHMA).  It was noted that although there was a shortfall on the housing split, the Group Manager for Planning Service confirmed that this would not be a reasonable ground for refusal as 2% did not equate to one unit.

The Development Management Team Leader confirmed for the Committee that although there was a 3.5 metre shortfall in the recommended distance of back to back dwellings, as set out in the Essex Design Guide (EDG), this was mitigated due to the substantial length of the back gardens of neighbouring properties.  As there was no loss of light, outlook, or privacy this would not be considered grounds for refusal.

Councillor Miss S White proposed that the application be refused contrary to the Officers recommendation, and this was duly seconded.  Following a vote, the motion was not carried

The Chairman then put the officer’s recommendation to a vote and the motion was carried.

RESOLVED that the application be APPROVED, subject to the following conditions:

1          The development hereby permitted shall be carried out in complete accordance with the approved drawings specifically referenced on this decision notice.

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

2          The development shall be constructed shall be constructed of the external materials specified on Materials Plan Drawing No: 746. 204.07 dated 27.04.2018 and the External Works Plan Drawing No: 746.231.07 dated 05.06.2018.
REASON: To ensure that the external materials used for the construction of the development is appropriate to its site and surroundings in accordance with Policy D1 of the Maldon District LDP and Government advice contained in the NPPF.

3          The hard landscaping for the site shall be constructed in complete accordance with materials specified on External Works Plan Drawing No: 746.231.07 dated 05.06.2018 and retained as such thereafter.

REASON: To ensure that the external materials used for the construction of the development is appropriate to its site and surroundings in accordance with Policy D1 of the Maldon District LDP and Government advice contained in the NPPF.

4          The tree protection and soft landscaping for the site shall be carried out in complete accordance with the following details and Drawing No:-

·           JBA 17/004-SK01 Revision F - Landscape Proposal for PLOTS and POS dated 23.05.2018

·           JBA 17/004-SK02 Revision F - Landscape Proposal for PLOTS and POS dated 23.05.2018

·           Measured Works Schedule Revision B dated 15.05.2018 prepared by James Blake Associates Ltd

·           Landscape Management and Maintenance Plan (JBA 17/004 Rev B dated 15.05.2018) prepared by James Blake Associates Ltd

·           Arboricultural Method Statement (JBA 17/004 AR02 Rev D dated 4 May 2018) prepared by James Blake Associates Ltd

·           Landscape Programming (JBA 17/004-01 Revision G dated 27.04.2018) prepared by James Blake Associates Ltd

·           Landscape Programming (JBA 17/004-02 Revision G dated 27.04.2018) prepared by James Blake Associates Ltd

·           Tree Protection Plan (JBA 17/004-02 TP01 Revision C dated 26.04.2018) prepared by James Blake Associates Ltd

REASON: To ensure the landscaping is appropriate and to protect the visualamenity of the area in accordance with Policy D1 of the Maldon District LDPand Government advice contained in the NPPF.

5          Prior to the first occupation of the development the initial footway access into the site should provide a lowered kerb for pedestrians to access the proposed shared surface. The current footway access into the site does not appear to adjoin to the shared surface and therefore should be extended into the site to ensure a safe and suitable pedestrian route is provided.
REASON: To provide a safe and accessible entrance into the site for pedestrians.in accordance with Policy T2 of the Maldon District LDP and Government advice contained in the NPPF.

6          Prior to the first occupation of the development the vehicle parking and turning areas as indicated on the approved plans shall be provided, hard surfaced, sealed and marked out. The parking and turning areas shall be retained in perpetuity for their intended purpose.
REASON To ensure that appropriate parking and turning is provided in accordance with Policy T2 of the Maldon District LDP and Government advice contained in the NPPF.

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 dormer window or other form of addition or opening shall be constructed on the roof on the rear elevation of Plots 2, 3, 4, 5, 6, 14, 15, 16, 17, 18 the dwellings hereby permitted without planning permission having been obtained from the local planning authority.
REASON: To protect the residential amenity of existing properties fronting Brabant Road in accordance with Policy D1 of the Maldon District LDP and Government advice contained in the NPPF.