Agenda item

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

The Officer presented their report to the Committee, after which Mr Darren Newman, the Applicant, addressed the Committee.

The Chairman confirmed for the Committee that the report had been called in for Public Interest, and advised that the report had previously been refused on the grounds of the design and detrimental visual impact.

A discussion ensued with Members seeking clarity on access to the property from the road.  The Chairman sought clarification on this from the Applicant under Section 9 – Terms of Reference – General and Procedural, Appendix 4, g).

In response to questions from the Committee the Group Manager for Planning Services confirmed that the application would result in the rear of the building being 1.57 meters wider than the current garage and advised that it would not be possible to condition use of the building.

Members commented on the proposed application overlooking the applicants own land, minimal impact on private amenity space, and that access to the rear of the property would not be impeded.

Councillor M F L Durham proposed that the application be approved for the aforementioned reasons, and this was duly seconded.

The Chairman put Councillor M F L Durham’s recommendation of approval, contrary to the Officer’s recommendation, to the Committee, and upon a vote being taken this was duly carried.

RESOLVED that the application be APPROVED 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: Site location plan, Block plan, NEWMAN/01/1, NEWMAN/01/2, NEWMAN/01/3, NEWMAN/01/4, NEWMAN/01/5.

REASON:For the avoidance of doubt as to the extent of this permission.

3.             The external surfaces of the building(s) shall be constructed of the materials set out on the application form/approved plans submitted with the application.

REASON: To ensure the proposed development has a suitable design quality and visual impact in the interests of protecting the character and appearance of the site and the surrounding area, in accordance with policies D1 and H4 of the Maldon District Local Development Plan.       

4.         The building hereby approved shall not be used at any time for any purpose other than purposes ancillary to the residential use of the dwelling known as 9 Heriot Way, Great Totham.
REASON: To clarify the terms of the permission and protect the amenity of the site in accordance with policies S1, D1 and H4 of the Maldon District Local Development Plan.

5.             The garage/store as indicated on the site plan (NEWMAN/01/3) shall be used as a garage/store at all times. It shall be used solely for the benefit of the occupants of the dwelling of which it forms part and for no other purpose.

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