Agenda item

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

Following the Officers’ presentation, the Agent, Paul Lonergan, addressed the Committee.

 A debate ensued where a number of issues were raised including comments from Essex Highways Authority (Essex Highways) regarding the parking arrangements, the need to consider the lifetime of a development, the Conservation Officer’s comments and sustainability.  Whilst Members had sympathy with the applicant it was unanimously agreed that the objection from Essex Highways, which was rare, was very significant in this instance and could not be ignored due to the detrimental impact on highway safety.

There being no further discussion the Chairman moved the Officer’s recommendation to refuse the application and this was seconded by Councillor Bell.

He then put the recommendation to the Committee and it was agreed by assent.

RESOLVED that the application be REFUSED for the following reasons:

1                 The proposed development would be disconnected and isolated from services and facilities by reason of its unsustainable location and would provide poor quality and limited access to public transportation, resulting in an increased need of private vehicle ownership. The poor sustainability credentials of the site and its locality would significantly and demonstrably outweigh the benefits of the proposal.  The development would therefore be unacceptable and contrary to policies S1, S8, D1, H4 and T2 of the Maldon District Local Development Plan and the guidance contained within the National Planning Policy Framework.

2                 The proposed development, due to its design, layout and position, is considered to be a contrived form of development which would result in significant harm to the character and appearance of the streetscene and the neighbouring listed building, Hipseys Cottage.  This harm would be exacerbated by the prominent location and visibility of the site from The Street, given the setback position of the neighbouring bungalows, which would visually compete with Hipseys Cottage.  The proposal is therefore contrary to policies S1, D1, D3 and H4 of the Maldon District Local Development Plan and the guidance contained within the Maldon District Design Guide and the National Planning Policy Framework.

3                 It is considered that, due to the lack of a turning area as a result of the contrived nature of the proposed development and tandem parking arrangement, this would lead to vehicles reversing with restricted visibility onto the busy carriageway of The Street which would lead to increased conflict and risk of collisions for both emerging and approaching vehicles, resulting in an unacceptable degree of hazard detrimental to the safety of all highway users.  The proposal is therefore contrary to policies D1 and T2 of the Maldon District Local Development Plan and the guidance contained within the National Planning Policy Framework.

4                 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.