Agenda item

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

A Members’ Update was submitted advising that Essex County Council Highways Department had no objections. Following the Officer’s presentation, the Applicant, Mark Salisbury, addressed the Committee.

Councillor Mayes opened the debate and expressed concern about the loss of retail space in Maldon. In addition, she said she did not want to see empty and redundant buildings. Her main concern with the application was that the windows to the rear of the property looked directly into someone else’s garden. Officers confirmed that no objections had been raised regarding this issue.

The Lead Specialist Place then responded to a query regarding the difference between the two applications on The Old Cutting Rooms, namely Agendum Items 5 and 6 respectively. He explained that Agenda Item 5 was a planning application considered under the Town & Country Planning act and Agenda Item 6 was an application for listed building consent considered under separate legislation, the Listed Buildings Act. He said that he hoped the Officer’s report provided clarity on the two discrete areas.

A debate ensued regarding the possibility of the application being upheld at appeal, contrary to the Officer’s recommendation. The Lead Specialist Place reminded Members to be conscious of policy compliance and the need to evidence policy requirements, as in this case. No formal marketing evidence had been submitted in accordance with Policy E3, there were no material planning considerations put forward to overturn the officer’s recommendation and therefore unlikely to be overturned at appeal.

Councillor Morris said that the application was a benefit to the town, breathing new life into an empty property and making the town more vibrant. He proposed that the application be approved, contrary to the Officer’s recommendation. This was duly seconded

The Lead Specialist Place reiterated the issue of lack of marketing evidence in line with Policy E3 that prevented approval and said he would advise the applicant to include the evidence in any future submission.

The Chairman put Councillor Morris’ proposal to approve the application, for the reasons given, to the Committee. Upon a vote being taken this was refused.

The Chairman then put the Officer’s recommendation to refuse the application to the Committee. Upon a vote being taken the application was refused in accordance with the Officer’s recommendation.

RESOLVED that the application be REFUSED for the following reasons:-

1.               The proposed residential development would result in the partial loss of

employment and retail uses. Insufficient justification or evidence has been provided to demonstrate that the present use and activity significantly harms the character and amenity of the adjacent area, the proposed use would be of greater benefit to the local community or that the continuous use of the site for employment purposes is no longer viable. The development would therefore have an adverse impact on the limited supply of employment generating land. Insufficient justification or evidence has also been provided for the local planning authority to be able to conclude that the loss of retail floorspace which would result from the development would not be harmful to the vitality and viability of the retail function of Maldon Town Centre. The development is, therefore, contrary to policies E1 and E2 of the Maldon District Approved Local Development Plan, and the National Planning Policy Framework.