Agenda and minutes

The Chairman welcomed everyone to the meeting of the Committee and went through some general housekeeping arrangements for the meeting.

Apologies for absence were received from Councillors R H Siddall and Miss S White.

To confirm the Minutes of the meeting of the Committee held on 10 March 2021, (copy enclosed).

RESOLVED that the Minutes of the meeting of the Committee held on 10 March 2021 be approved and confirmed.

To disclose the existence and nature of any Disclosable Pecuniary Interests, other Pecuniary Interests or Non-Pecuniary Interests relating to items of business on the agenda having regard to paragraphs 6-8 inclusive of the Code of Conduct for Members.

(Members are reminded that they are also required to disclose any such interests as soon as they become aware should the need arise throughout the meeting).

Councillor M F L Durhamm declared a non-pecuniary interest as a Member of Essex County Council who were statutory consultess for certain aspects of planning matters.

Councillor Mrs J L Fleming declared a non-pecuniary interest as a Member of Essex County Council.

To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.

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

In response to a question the Specialist: Development Manager advised that the application had been considered as an agricultural occupancy dwelling and explained in detail the evidence that had been submitted by the Applicant to identify the need for the proposed dwelling and Officers’ evaluation of this taking into account the Council’s policies.  It was further clarified that, unless in exceptional circumstances, the Council’s policies specified that permanent business accommodation should not granted for new businesses.

Further debate ensued during which Members’ discussed a number of aspects of the application and further guidance was provided by the Lead Specialist Place.

The Chairman then proposed that the Officers’ recommendation of refusal be agreed.   This was duly seconded and upon a vote being taken was agreed.

RESOLVED that this application be REFUSED for the following reasons:

1.         The proposed development would result in the creation of a dwelling outside of a defined settlement boundary, in an unsustainable location, remote from community services and essential support services/facilities and inaccessible by a range of means of transport.  The proposed conversion of the existing agricultural building would have a detrimental impact on the character and appearance of the surrounding countryside.  Inadequate evidence has been provided to demonstrate that an essential functional need exists for an essential workers dwelling, of this scale, at the site or that the business is viable.  Therefore, it is considered that the harm identified is not outweighed by other material planning considerations.  The proposal is therefore contrary to policies S1, S8, H7, T1 and T2 of the Maldon District Local Development Plan and the guidance contained within the National Planning Policy Framework.

2.         In the absence of a completed legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, securing a necessary financial contribution towards Essex Coast Recreational disturbance Avoidance and Mitigation Strategy or an appropriate mitigation strategy to overcome the impacts of the development on the European designated nature conservation sites, the development would have an adverse impact on those European designated nature conservation sites, contrary to Policies S1, and I1 of the Maldon District Local Development Plan and the NPPF.