Agenda item

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

Following the Officers’ presentation the Agent, Mr Le Grys, addressed the Committee.

Councillor J V Keyes, a Ward Member, supported the application referring to diversification in the countryside, the requirements for the barn including the height and the building being well screened.  He felt that the Council should be supporting local businesses which supported the area and employed people.  This was duly seconded.

In response to a question regarding the unauthorised use of the existing workshop, the Principle Planning Officer advised that there was no planning permission for the existing use and explained the requirements should the applicant consider applying for a Certificate of Lawfulness.  Members were advised that should planning permission for this extension be approved it would be difficult to take any action or address issues regarding the current unauthorised use.

The Chairman then put the proposal of approval in the name of Councillor Keyes and sought reasons for approval.   It was clarified that these should relate to diversification, supporting local business and the development accorded with the Council’s Local Development Plan which encouraged business growth including the creation of new jobs etc.  Members discussed conditions and agreed that if approved standard conditions regarding working hours, time, materials, noise, external lighting, use, landscaping etc. would be applied with the final wording agreed by the Chairman and Ward Members.

The Chairman then put the proposal of approval and upon a vote being taken this was agreed, subject to confirmation of the conditions by the Chairman of the Committee and Ward Members.

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.
REASON: To comply with Section 91(1) The Town & Country Planning Act 1990 (as amended).

2          The development hereby permitted shall be carried out in accordance with the following approved plans and documents: QRU-01rev.A, Block Plan, Location Plan.
REASON: To ensure that the development is carried out in accordance with the details as approved.

3          There shall be no means of external lighting installed within the site unless details of the lighting (including its location, design and luminance level) have been submitted to and approved in writing by the Local Planning Authority.
REASON: In the interests of the character and appearance of the rural area and the amenity of the occupiers of neighbouring residential properties, in accordance with Policies D1, S1, S8, D2 of the Maldon District Approved Local Development Plan, and the NPPF.

4          The use hereby permitted shall only be undertaken between the hours of 07:30 – 18:00 Monday to Friday and 08:00 - 17:00 on Saturdays and not at any time on Sundays and Public Holidays.
REASON: In the interests of the amenity of the occupiers of neighbouring residential properties, in accordance with Policies D1 and D2 of the Maldon District Approved Local Development Plan.

5          No machinery shall be operated, and no process shall be undertaken outside the building.
REASON: In the interests of the amenity of the occupiers of neighbouring residential properties, in accordance with Policies D1 and D2 of the Maldon District Approved Local Development Plan.

6          Deliveries to and collections from the site shall only be undertaken between 0800 hours and 1800 hours on weekdays and between 0800 hours and 1800 hours on Saturdays and not at any time on Sundays and Public Holidays.
REASON: In the interests of the amenity of the occupiers of neighbouring residential properties, in accordance with Policies D1 and D2 of the Maldon District Approved Local Development Plan.

7          The premises shall only be used as a workshop for quad bikes and for no other purpose including any purpose as defined within any Class of the Schedule to the Town & Country Planning (Use Classes) Order 1987 (as amended) (or in any provision equivalent to that Class in any statutory instrument revoking or re-enacting that Order) and for no other purpose.
REASON: In the interests of the character and appearance of the rural area and the amenity of the occupiers neighbouring residential properties, in accordance with Policies D1, S1, S8, D2 of the Maldon District Approved Local Development Plan, and the NPPF.

8          The external materials to be used in the construction of the extension hereby permitted shall match those of the existing building.
REASON: In the interests of the character and appearance of the rural area, in accordance with Policies D1, S1, S8 of the Maldon District Approved Local Development Plan, and the NPPF.

9          The use of the extension hereby permitted shall not commence until space has been provided for the storage of five bicycles in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority.  The storage provision shall be secure, weather proof and accessible and shall be retained as approved in perpetuity.
REASON: To comply with the Maldon District adopted Vehicle Parking Standards and to encourage the use of non-motorised forms of transport, in accordance with Policy T2 of the Maldon District Approved Local Development Plan.

10        The extension hereby permitted shall not be beneficially occupied until a surface water drainage system has been provided in accordance with details which shall have been submitted to and gained the prior written consent of the Local Planning Authority.  The drainage system shall be retained as approved in perpetuity.
REASON: To ensure the incorporation of an appropriate drainage scheme in accordance with policy D5 of the Maldon District Approved Local Development Plan.

11        Prior to the commencement of the beneficial use of the extension hereby permitted, a soft landscaping scheme and boundary treatments shall be carried-out in accordance with details which shall have been submitted to and gained the prior written consent of 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.  The approved boundary treatments shall be retained in perpetuity.
REASON: In the interests of the character and appearance of the area, in accordance with Policies S1, S8, D1 and H4 of the Maldon District Approved Local Development Plan, and the NPPF.

INFORMATIVES

1.         The applicant should ensure the control of nuisances during construction works to preserve the amenity of the area and avoid nuisances to neighbours:

a)         No waste materials should be burnt on the site, instead being removed by licensed waste contractors;

b)         No dust emissions should leave the boundary of the site;

c)         Consideration should be taken to restricting the duration of noisy activities and in locating them away from the periphery of the site;

d)         Hours of works: works should only be undertaken between 0730 hours and 1800 hours on weekdays; between 0800 hours and 1300 hours on Saturdays and not at any time on Sundays and Public Holidays.

If it is known or there is the likelihood that there will be the requirement to work outside of these hours or there will be periods where the will be excessive noise that will significantly impact on sensitive receptors Environmental Health at Maldon District Council must be notified prior to the works as soon as is reasonably practicable. The developer is advised to consult nearby sensitive noise premises and may be advised to apply for a Prior Consent under Section 61 of the Control of Pollution Act 1974.

2.         Care must be taken to prevent the pollution of ground and surface waters.  This will include during works and the location of any hazardous materials including fuel from vehicles and equipment.

3.         Where any soils that are known to be contaminated are being excavated or exposed a site waste plan must be prepared in order to store treat and dispose of the materials in accordance with the waste duty of care.  It is recommended that advice is sought from the Environment Agency on this matter.

4.         Where there is requirement for dewatering the site the relevant consent must be sought from the Environment Agency.

5.         Where there is a requirement to obstruct or alter watercourses a consent under section 23 of the Land Drainage Act must be obtained from Essex County Council.