Agenda item

20/00549/OUT - Land Adjacent to 64 Southminster Road, Tillingham

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



Application Number



Land Adjacent to 64 Southminster Road, Tillingham


Outline application with all matters reserved for a proposed construction of a detached 3 bedroom bungalow.


Mr Richard Embling


Mr Anthony Cussen – Cussen Construction Consultants

Target Decision Date


Case Officer

Louise Staplehurst



Reason for Referral to the Committee / Council

Member Call In by Councillor A S Fluker

Reason: In relation to policies D1, S1, H2, H4 and S8



Following the Officer’s presentation, the Chairman moved the recommendation that  planning application 20/00549/OUT, Land Adjacent to 64 Southminster Road, Tillingham be refused for the reasons as detailed in Section 8 of the Officer’s report. This was seconded by Councillor Boyce.


Councillor Fluker opened the discussion by saying that the Parish Council had no objections, no other letters of objection had been received, the intrinsic character of the countryside was not adversely impacted, and it was in a sustainable location supported by local services.


Councillor Stamp supported the Officer’s recommendation and warned of establishing a dangerous precedent by not heeding the advice of professional Planning Officers who had fought long and hard to impede over development in the Tillingham area.


The Lead Specialist Place, taking into consideration other comments regarding Parish Council support, reminded Members that the Committee as the decision-maker could not delegate to parishes. Planning caselaw and legislation had regard to policies and this site contravened those policies. The site was not sustainable, outside the development area with no adequate street lighting and not close to facilities. The key material consideration here was Planning History, and this had been refused on two previous occasions. He said this would set a very dangerous precedent for future applicants as how can these types of developments be stopped if the first of its kind is accepted.


Councillor Stamp echoed these sentiments and said she supported the Officer’s recommendation of refusal.


The Chairman put the Officer’s recommendation of refusal to the Committee and upon a vote being taken is was duly refused.


RESOLVED that the application be REFUSED for the following reasons:


1.               The application site lies outside of the defined settlement boundary of Tillingham where policies of restraint apply. The Council can demonstrate a five-year housing land supply to accord with the requirements of the National Planning Policy Framework. The site has not been identified by the council for development to meet future needs for the district and does not fall within either a garden suburb or strategic allocation for growth identified within the Maldon District Local Development Plan to meet the objectively assessed needs for housing in the district. The proposal would therefore, represent the unjustified encroachment of built form onto undeveloped land, with associated visual impacts. Furthermore, the proposed development, by reason of the unavoidable implications of the siting of the development, would result in a development being proposed that is further north of the existing building line and out of keeping with the prevailing pattern of development in the area, to the detriment of the visual amenity of the site, the streetscene and the wider surrounding area. The proposal is therefore contrary to policies S1, S2, S8, D1 and H4 of the Local Development Plan and core planning principles and guidance contained in 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 guidance contained within the National Planning Policy Framework.

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