Agenda item

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

Councillor A K M St Joseph left the Council Chamber for the duration of this item as he held a pecuniary interest as the Applicant.

The Officer presented their report to the Committee, after which Mr Roy Clare addressed the Committee in support of the application.

Following a brief discussion on the application the Chairman put the Officers recommendation to a vote and the motion was carried.

RESOLVED that the application be APPROVED in accordance with the Officers recommendation and subject to the following conditions:

1          The development hereby permitted shall begin no later than three years from the date of this decision.
REASON  To comply with Section 91(1) of The Town & Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2          The development shall be carried out in accordance with the following approved plans and documents: Location Plan; Site Plan; ST.JOSEPH/04/01; ST.JOSEPH/04/02; ST.JOSEPH/04/03; and ST.JOSEPH/04/04. 
REASON  For the avoidance of doubt as to the extent of this permission.

3          No development shall take place until samples of the facing material to be used have been submitted to and approved in writing by the local planning authority.  The works must then be carried out in accordance with the approved details.
REASON  To ensure that the external materials to be used in the development are acceptable in accordance with Policy D1 of the Maldon District LDP and Government advice contained in the NPPF. 

4          No development shall take place until full details of both hard and soft landscape works to be carried out have been submitted to and approved in writing by the local planning authority.  These details shall include the layout of the hard landscaped areas with the materials and finishes to be used and details of the soft landscape works including schedules of shrubs and trees to be planted, noting the species, stock size, proposed numbers/densities and details of the planting scheme's implementation, aftercare and maintenance programme.  The hard landscape works shall be carried out as approved prior to the beneficial occupation of the development hereby approved unless otherwise first agreed in writing by the local planning authority.  The soft landscape works shall be carried out as approved within the first available planting season (October to March inclusive) following the commencement of the development, unless otherwise first agreed in writing by the local planning authority. 

If within a period of five years from the date of the planting of any tree or plant, or any tree or plant planted in its replacement, is removed, uprooted, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree or plant of the same species and size as that originally planted shall be planted in the same place, unless the local planning authority gives its written consent to any variation.
REASON  To ensure the soft and hard landscaping are appropriate and to protect the visual amenity of the area in accordance with Policies S1 and D1 of the Maldon District LDP and Government advice as contained in the NPPF.
 

5          Details of the siting, height, design and materials of the treatment of all boundaries including gates, fences, walls, railings and piers shall be submitted to and approved in writing by the local planning authority.  The boundary treatment as approved shall be constructed prior to the first use/occupation of the development to which it relates and be retained as such thereafter.
REASON  To ensure the details of the boundary treatment are appropriate and to protect the visual amenity of the area in accordance with Policies S1 and D1 of the Maldon District LDP and Government advice as contained in the NPPF. 

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.
REASON   To prevent the undue contamination of the site in accordance with Policy D2 of the Maldon District LDP.

7          No development including any site clearance or groundworks of any kind shall take place within the site until the applicant or their agents; the owner of the site or successors in title has submitted an archaeological assessment by an accredited archaeological consultant to establish the archaeological significance of the site.  Such archaeological assessment shall be approved by the local planning authority and will inform the implementation of a programme of archaeological work.  The development shall be carried out in a manner that accommodates such approved programme of archaeological work. 
REASON  To protect the site which is of archaeological interest in accordance with Policy D3 of the Maldon District LDP and Government advice contained in the NPPF.

8          No development including any site clearance or groundworks of any kind shall take place within the site until the applicant or their agents; the owner of the site or successors in title has secured the implementation of a programme of archaeological work from an accredited archaeological contractor in accordance with a written scheme of investigation which has been submitted to and approved in writing by the local planning authority.  The development shall be carried out in a manner that accommodates the approved programme of archaeological work. 
REASON  To protect the site which is of archaeological interest in accordance with Policy D3 of the Maldon District LDP and Government advice contained in the NPPF.

9          The accommodation within the extension of the building hereby approved shall be occupied solely as holiday accommodation and shall not be occupied as a person’s sole or main place of residence and shall not be occupied by the same person or persons for more than 28 days at a time within any six week period.
REASON  To ensure the use of the site is appropriate to the locality in this rural area and to prevent permanent residential occupation of the holiday let having regard to the guidance and provisions of the NPPF, and policies S1, S7, S8, D1 and E5 of the Maldon District LDP.

10        The owners/operators shall maintain an up to date register of the names of all persons who stay within the approved holiday accommodation on the site, the duration of their stay, and an indication of their main home addresses by way of road name and town, and shall make this information available at all reasonable times to the local planning authority.
REASON  To ensure the use of the site is appropriate to the locality in this rural area and to prevent permanent residential occupation of the holiday let having regard to the guidance and provisions of the NPPF, and policies S1, S7, S8, D1 and E5 of the Maldon District LDP.

11        The observation tower shall only be used for ten functions per year for educational purposes in accordance with the submitted supporting Planning Statement prepared by Whirledge And Nott.
REASON  To limit the number and noise of vehicle and pedestrian movements and in the interests of protecting the rural area in accordance with policies D1, T2 and N2 of the Maldon District LDP and Government advice contained within the NPPF.