Agenda item

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

It was noted from the Members’ Update that since the agenda had been published further responses from consultees had been received.

Following the Officers presentation, Mr Spurgeon, the Applicant, addressed the Committee. The Chairperson opened the floor for debate.

Councillor S White proposed to refuse the application in line with the Officers’ recommendation, this was duly seconded.

There being no further discussion the Chairperson put the proposal to the Committee and when put to a vote was agreed.

RESOLVED that the application be REFUSED subject to the following reasons:

1          The provision of fourteen dwellings on this site and associated works, outside the defined settlement boundary of Cold Norton would fail to protect or enhance the natural beauty, tranquillity, amenity and traditional quality of the rural landscape setting by introducing unacceptable built form into the site and be likely to cause a loss of landscaping that currently forms an integral part of, and contributes to, the rural quality of the area. The proposal would therefore fail to make a positive contribution to the locality and cause an unacceptable degree of harm to the character and appearance of the locality and represent unwarranted development within the countryside contrary to policies S1, S8, D1 and H4 of the Local Development Plan and core planning principles and guidance contained in the National Planning Policy Framework.

2          It has not been demonstrated that an appropriate visibility splay can be achieved for the speed of the road at the access from Crown Road onto Latchingdon Road. Further, the application does not include any details of the location of Public Footpath no. 20 (Cold Norton) or any priority or suggested improvements for pedestrian movements along Crown Road, for uses of the public footpath. The development would intensify the current conflict between vehicles and pedestrians using the footpath, which would create deterioration of the footpath as a public right of way. The application also fails to demonstrate that appropriate measures would be provided to improve and promote cycling and walking from the development along Crown Road. The proposal would be therefore would not provide a suitable and safe access for all users and would result in an unacceptable degree of hazard to all road users to the detriment of highway safety and contrary to the National Planning Policy Framework and policies, S1, D1, T1 and T2 of the Maldon District Local Development Plan (2017), and guidance contained within the Maldon District Design Guide (2017).

3          The proposed development has a potential significant impact upon protected species. Insufficient information has been submitted to allow the Local Planning Authority to determine that the proposed development would not have significant impact on these features, or the significant impact is such that it can be mitigated or compensated in a satisfactory way. The development is therefore unacceptable and contrary to policies S1, D2 and N2 of the Local Development Plan as well as 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, the proposal includes inadequate provision to secure the delivery of affordable housing to meet the identified need in the locality, address the Council's strategic objectives on affordable housing and supporting a mixed and balanced community, contrary to Policies S1, H1 and I1 of the Maldon District Local Development Plan and Government advice contained within the National Planning Policy Framework.

5          In the absence of a completed legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990 to secure the necessary the provision of any necessary contribution towards health care provision the impact of the development cannot be mitigated contrary to Policies S1, D1, N1, N3, I1 and T2 of the Maldon District Local Development Plan and Government advice contained within the National Planning Policy Framework.

6          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.

At this point Councillor M E Thompson requested a short adjournment for a comfort break, the Chairperson agreed for a five-minute adjournment.