Decision details

21/00075/OUTM Land 250M North Of 16A Maldon Road, Burnham-on-Crouch, Essex

Decision Maker: District Planning Committee

Decision status: For Determination

Is Key decision?: No

Is subject to call in?: No


Application Number



Land 250M North Of 16A, Maldon Road, Burnham-On-Crouch, Essex


Outline application with all matters of detail reserved for future determination (except for layout and means of access to the site) to extend approved retirement community to north and east including affordable housing: erect 132No. one, two and three-bedroom bungalows, 100No. one, two, and three-bedroom apartments in two-storey buildings, and erect single-storey ancillary multi-use community building. Lay out estate roads, footpaths, vehicle parking and surface water drainage infrastructure including swales and detention basins. Form open spaces and allotments and lay out hard and soft landscaping.


Mr Ian Holloway - Think Green Land Limited


Mr Stewart Rowe - The Planning And Design Bureau Ltd

Target Decision Date


Case Officer

Kathryn Mathews


Burnham North

Reason for Referral to the Committee / Council

Major application


It was noted from the Members’ Update that additional consultation responses and a letter of objection had been received.  The Members’ Update also detailed amendments to the Section 106 Heads of Terms and conditions and proposed two additional conditions and four additional informatives.


During her presentation of the application the Specialist: Development Management advised that:

·                 an amendment was required to the housing mix numbers detailed in condition 6 to specify 42no. one-bedroom, 60no. two-bedroom and 30no. three-bedroom bungalows;

·                 a petition of 205 signatures had been submitted by the agent in support of the application on the basis that the development was much needed to serve the local and broader community;

·                 a consultation response from the National Health Services (NHS) had been received which requested a financial contribution of £87,400 to mitigate the impact of the development on local General Practice (GP) provision.  Members were informed that the applicant had agreed this.


This was noted.


Following the Officers’ presentation the Agent, Mr Rowe addressed the Committee.


Prior to any debate taking place the Leader of the Council referred to reports of persons knocking on the doors of Burnham-on-Crouch residents’ collecting data and claiming to represent the Council.  She advised that no such visits had been carried out by Officers of Maldon District Council.


In response to a question regarding the impact this development would have on the Five-Year Housing Land Supply (5YHLS), the Lead Specialist Place outlined how the Council had to show that the 5YHLS was deliverable and provided an estimate of the notable figure which this development would add to the 5YHLS.


Councillor C Morris proposed that the Officers’ recommendation not be accepted, and the application be refused for reasons relating to bulk and scale.  This proposal was duly seconded.


A lengthy debate ensued, during which the Lead Specialist Place and other Officers provided Members with information in response to questions raised which included:


·                 the 5YHLS and the application of policies in relation to this;


·                 the Local Development Plan and the review currently being undertaken;


·                 access to the Public Rights of Way;


·                 density of the proposed development, including the need for three bedroomed retirement properties;


·                 impact of the development on the surrounding landscape;


·                 the housing requirements for elderly persons within the District, as set out in the Council’s Strategic Housing Market Assessment;


·                 comparisons between this and other planning applications for similar development;


·                 the proposed Heads of Terms for the Section 106 Agreement;


·                 consideration of the ‘titled balance’.


Councillor R G Boyce raised a Point of Order referring to a comment he had made during the debate and the rule that allowed a personal statement and clarified that although he had referred to the possibility of phases 3, 4, 5 he made it clear that the Council would not take that into consideration and only consider what was before it.  The Chairman agreed and advised Councillor Boyce that this was noted.


The Chairman sought clarification from Councillor Morris on his proposed reasons for refusing the application.  Further debate ensued, and Members discussed the distance of the development from the town of Burnham-on-Crouch, the benefits not outweighing the harm, integration of the development with the existing community, the economic benefit, and the significant impact it would have to the properties fronting Maldon Road and Green Lane to the south. 


In accordance with Procedure Rule No. 13 (3) Councillor C Morris requested a recorded vote.  This was duly seconded.


In response to the debate and reasons for refusal discussed, the Lead Specialist Place suggested that Members may wish to consider the reasons being that the benefits of the development did not outweigh the harm, particularly in relation to the impact on the character of the area and the outlook from neighbouring residential properties which front Maldon Road / Green Lane.  Councillor Morris amended his proposal to refuse the application for the reasons as outlined by the Officer.  This amendment was duly seconded.


The Chairman then put the proposal to the Committee and the vote was as follows:


For the recommendation:

Councillors M G Bassenger, Miss A M Beale, B S Beale, V J Bell, R G Boyce, Mrs P A Channer, M F L Durham, M R Edwards, Mrs J L Fleming, B B Heubner, J V Keyes, K M H Lagan, C Mayes, C P Morley, C Morris, S P Nunn, N G F Shaughnessy, R H Siddall, W Stamp, E L Stephens, Mrs J C Stilts, C Swain and Mrs M E Thompson.


Against the recommendation:




Councillor M S Heard.


The motion was therefore carried.


RESOLVED that the application be REFUSED subject to the following reason:

1          The benefits of the proposed development do not overcome the harm caused to the character and appearance of the area and to the amenity of the occupiers of existing residential properties which front Maldon Road and Green Lane to the south as a result of the adverse impact the development would have on their outlook, contrary to Policies S8 and D1 of the approved Maldon District Local Development Plan, adopted Burnham-on-Crouch Neighbourhood Plan and the NPPF.



Following her earlier declaration of interest Councillor V J Bell left the meeting at this point and did not return.

Publication date: 22/06/2021

Date of decision: 09/06/2021

Decided at meeting: 09/06/2021 - District Planning Committee

Accompanying Documents: