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 Committee received the report of the Director of Planning and Regulatory Services and determined the following planning application, having taken into account all representations and consultation replies received.

Following the Officer’s presentation of the report, Peter Briggs, the Agent, addressed the Committee.

Members debated this application and attention was drawn to the long planning history relating to this site.  There were some concerns raised that the site was not suitable to be used as an employment site due to its remote location and difficulties with access.  Other comments raised related to the impact on the neighbouring property and the buildings currently on-site which were considered to be of very little architectural merit.  Members were of the view that if this application was approved then the site would be improved.

In response to a question, the Interim Development Management and Enforcement Manager advised Members that Maldon District Council (MDC) must determine applications in accordance with material considerations.

Councillor M F L Durham, a Ward Member, proposed that this application be approved contrary to Officers’ recommendation and this proposal was duly seconded and upon a vote the motion was carried.  In response to this, the Development Control Officer outlined a number of suggested conditions to be attached to the approval, which were 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 be carried out in complete accordance with the approved drawings specifically referenced on this decision notice

3          No development shall take place until written details and samples of all materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to an approved in writing by the local planning authority.  The development shall be carried out using the materials and details as approved. 

4          No works or development shall take place until full details of both hard and soft landscape works have been submitted and approved in writing by the Local Planning Authority.  These details shall include the layout and materials of all hard surfaced areas.  Details of soft landscape works shall include planting plans, written specification (including cultivation and other operations associated with plant and grass establishment), schedules of plant noting species, plant size d and proposed numbers/densities, where appropriate and an implementation programme. 

5          No development shall commence until details of the siting, height, design and materials of the treatment of all boundaries including gates, fences, walls, railing and piers have been submitted to and approved in writing by the local planning authority.  The screening as approved shall be construction prior to the first occupation of the development to which it relates and be retained as such thereafter.

6          Notwithstanding the details submitted with the application, no development shall commence until an investigation and risk assessment has been submitted to and approved in writing by the local planning authority. The risk assessment shall assess the nature and extent of any contamination on the site, whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The report of the findings must include:

(i) a survey of extent, scale and nature of contamination;

(ii) an assessment of the potential risks to:

·             Human health,

·             Property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

·             Adjoining land,

·             Groundwaters and surface waters,

·             Ecological systems

·             Archaeological sites and ancient monuments;

(iii) an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment

Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and the Essex Contaminated Land Consortium's 'Technical Guidance for Applicants and Developers'. The development hereby permitted shall not commence until the measures set out in the approved report have been implemented.

7          No development shall commence until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been submitted to and approved in writing by the local planning authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

8          The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority.  The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

            Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced. This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and the Essex Contaminated Land Consortium's 'Technical Guidance for Applicants and Developers' and is subject to the approval in writing of the Local Planning Authority.

9          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.

10        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.

11        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 garages, extensions or separate buildings (other than ancillary outbuildings not exceeding 10 cubic metres in volume) shall be erected within the site without planning permission having been obtained from the local planning authority.

12        Prior to the first occupation of the dwelling hereby approved, the first floor windows in the northern side elevation shall be glazed with opaque glass and of a non-openable design with the exception of a top hung fanlight and shall be retained as such thereafter.

13        Prior to the first occupation of the dwelling hereby approved the existing buildings on the site as shown on Drawing No 5171/01 A, dated 25th March 2015 shall be demolished and the resulting material removed from the site.

POSITIVE AND PROACTIVE STATEMENT

Town and Country Planning (Development Management Procedure) (England) Order 2015 - Positive and Proactive Statement:

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. Furthermore, Members of the planning committee which took the decision to grant planning permission as the proposal has been considered acceptable.