Agenda item

FUL/MAL/18/01111 - Land North Of Asheldham Farm, Hall Road, Asheldham, Essex

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.



Application Number



Land North Of Asheldham Hall Farm, Hall Road, Asheldham, Essex


Stationing of mobile home for rural workers for temporary period of 3 years.  Rationalisation of existing livery business to form part livery and full livery. Erection of 5 stables with associated tack room and feed store


Mr & Mrs D Henson


Mrs Hayley Webb - Smart Planning Ltd

Target Decision Date

07.12.2018 (EOT agreed: 18.01.2018)

Case Officer

Anna Tastsoglou



Reason for Referral to the Committee / Council

Member Call In – This item has been called in by Councillor R P F Dewick on the grounds of public interest.


Following the Officer’s presentation, Mrs Hayley Webb, the Agent, addressed the Committee.


A lengthy debate ensued where issues around temporary consent for three years, animal welfare and the importance of supporting local business were discussed. It was noted that temporary consent complied with Policy H7 of the Maldon District Local Development Plan (MDLDP) and provided applicants with the opportunity to evidence the viability of the business.  On the issue of animal welfare it was noted that in addition to the grazing available there was tack room and feed store facilities on this site.


Following the discussion Councillor A S Fluker, acknowledging the importance of supporting local businesses, proposed that the application be approved in accordance with the Officer’s recommendation. This was seconded by Councillor Mrs P A Channer.


The Chairman put the proposal to the Committee and upon a vote being taken the application was approved in accordance with the Officer’s recommendation.


RESOLVED that the 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 mobile home hereby permitted shall be removed and the land restored to its former condition in accordance with a scheme of work to be submitted to and approved in writing by the Local Planning Authority on or before 18th January 2022 unless before that date a formal planning application for the retention of the building has been approved by the Local Planning Authority.

3          The development hereby permitted shall be carried out in complete accordance with approved drawings 17.41040 M001, 17.4104 P202 REV B, 17.4104 P204, 17.4104 P205, 17.4104 P206, 17.4104 P201 REV H, 17.4104 e101 REV D and 17.4104 M002 REV E.

4          The development hereby approved shall only be constructed of the materials specified on the application form submitted with the application and retained as such thereafter for the lifetime of the development.

5          There shall be no means of external lighting anywhere on the site edged in red on the plans hereby approved or on any other land owned by the applicant that could be used to illuminate the stables or manege unless previously agreed in writing by the Local Planning Authority.

6          There shall be no burning of stable wastes anywhere on the site edged in red on the plans hereby approved or on any other land under the control of the applicant and a scheme of waste management shall be submitted to and approved in writing by the Local Planning Authority prior to the use of the site as hereby approved under this permission. The development shall be thereafter be used in accordance with the approved details in perpetuity.

7          The occupation of the temporary mobile home shall be limited to a person solely or mainly working, or last working, in the locality in agriculture or in forestry, or a widow or widower or surviving civil partner of such a person, and to any resident dependants.

8          The livery business hereby approved, including the associated stables, tack and feed room and ménage shall not be open to persons other than the occupants outside the hours of 08.00 - 20.00 weekdays, 08.00 - 20.30 Saturdays and Sundays (April to October) and 08.00 - 19.00 Saturdays and Sundays (November to March). 

9          The areas of the site for the purpose of loading / unloading / reception and storage of building materials and manoeuvring of all vehicles, including construction traffic shall be provided clear of the highway.

10        The mobile home hereby approved shall make provision for car parking within the site in accordance with the Council's adopted car parking standards and be retained thereafter for the permitted duration of the development.

11        Prior to the occupation of the temporary mobile home and use of stables hereby approved details of surface water drainage scheme as specified in the Essex Sustainable Drainage Systems Design Guide submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented prior to occupation of the development and should include and not be limited to: 

           Discharge rates/location

           Storage volumes

           Treatment requirement

           Detailed drainage plan

          A written report summarising the final strategy and highlighting any minor changes to the approved strategy

Where the surface water drainage strategy proposes the use of soakaways the details of the design and the results of a series of percolation tests carried out upon the subsoil in accordance with DG 365 2016. You are advised that in order to satisfy the soakaway condition the following details will be required:- details of the area to be drained, infiltration rate (as determined by BRE Digest 365), proposed length, width and depth of soakaway, groundwater level and whether it will be rubble filled.


Where discharging to a watercourse the proposed scheme shall include details of the destination and discharge rates equivalent to "greenfield runoff" up to and including a 1 in 100 year rainfall event inclusive of climate change. This is typically achieved by installing some form of attenuation on site e.g. temporary storage. The rate should be restricted to the 1 in 1 greenfield rate or equivalent greenfield rates with long term storage (minimum rate 1l/s). If the land is designated as a Brownfield Site it should aim to limit run-off for a storm event that has a 100% chance of occurring each year (1 in 1 year event) OR demonstrate 50% betterment of the current rates.


The applicant must demonstrate that the system is an appropriate point of discharge for the site. The discharge hierarchy should be used to determine discharge location. This is particularly important when considering greenfield development which may currently discharge to a sewer but may have the capacity to discharge to a watercourse or to the ground. If not, then further information/assessment will be required to determine the suitability of the system to convey the proposed flows and volumes of water. Evidence will be required that the development will not increase risk to others. If the proposed discharge point is outside the development site then the applicant will need to demonstrate that the necessary permissions and or agreements to achieve connection are possible.


Where the Local Planning Authority accepts discharge to an adopted sewer network you will be required to provide written confirmation from the statutory undertaker that the discharge will be accepted.


Prior to first occupation a maintenance plan detailing the maintenance arrangements including who is responsible for different elements of the surface water drainage system and the maintenance activities/frequencies, has been submitted to and agreed in writing, by the Local Planning Authority.

12        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.

Supporting documents: