Agenda item

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

Following the Officer’s presentation the Chairman opened the discussion.

Councillor White, having called in the application, sought clarity as to whether the entire site was already residential and if what the applicant was proposing for the site was known. The Lead Specialist: Place advised that as per the officer report the application was outline in nature proposing the demolition of an existing bungalow with no information on what was being proposed.

A discussion ensued around the access and representations received from both the Parish Council and statutory consultee Essex Highways regarding the adverse impact of the access on highway safety. It was noted that Essex Highways would not have objected to the proposal if there was a way to mitigate the potential harm. The consensus was that the proposal as it stood could not be approved. Councillor Morgan proposed that the application be refused in accordance with the Officer’s recommendation and this was duly seconded.  The Chairman then put the recommendation of refusal to the Committee and it was agreed.

RESOLVED that the application be REFUSED for the following reasons:

1                 The proposed development would be remote and disconnected from local services and facilities by reason of its location and would provide poor quality and limited access to sustainable and public transportation, resulting in an increased need of private vehicle ownership. The development would therefore be unacceptable and contrary to policies S1, S2, S8, D1, H4 and T2 of the Maldon District Local Development Plan (2017) and guidance contained within the National Planning Policy Framework (2021).

2                 The proposed development would result in a cramped and contrived form of development which would not reflect the spacious pattern of development within the area which would have a harmful impact on the visual amenity to the detriment of the character of the site and surrounding area, contrary to Policies D1 and H4 of the Maldon District Local Development Plan (2017) and the guidance contained within the National Planning Policy Framework (2021).

3                 The proposed development would result in undue harm to the residential amenity of the future occupiers by reason of direct overlooking from No. 5 Hawkins Close resulting in a loss of privacy to the detriment of the living environment of the future occupiers. The proposal would therefore be contrary to policies D1 and H4 of the Maldon District Local Development Plan and the guidance contained within the National Planning Policy Framework (2021).

4                 The proposal would lead to the intensification of the access along Hackmans Lane. The lack of suitable visibility from the access for both emerging and approaching vehicles would result in an unacceptable degree of hazard to all road users to the detriment of general highway safety. The development would therefore be unacceptable and contrary to the National Planning Policy Framework, policies S1, T1 and T2 of the Maldon District Local Development Plan (2017).

5                 Insufficient information has been provided to fully assess the impact on the trees which are located along the north and east boundaries of the site. It is therefore considered that it has not been demonstrated that there would not be a significantly harmful impact on these trees and the visual amenity of the locality. The proposal is therefore contrary to policies D1 and N2 of the Maldon District Local Development Plan and the guidance contained within the National Planning Policy Framework.

6                 The applicant has failed to supply adequate ecological information which would allow for a full assessment of the impact of the proposed development on European Protected Species (Great Crested Newts and Bats). In the absence of any sufficient ecological information, the proposal is considered to conflict with the Policy N2 of the Maldon District Local Development Plan and the guidance contained within the National Planning Policy Framework.

7                 In the absence of a completed legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, the necessary financial contribution towards Essex Coast Recreational disturbance Avoidance and Mitigation Strategy has not been secured. As a result, the development would have an adverse impact on the European designated nature conservation sites, contrary to Policies S1, D1, I1, N1 and N2 of the Maldon District Local Development Plan and the NPPF.