Agenda item

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update that since the agenda had been published, inconsistent numbering of paragraphs between pages 48 – 49 had been discovered and corrected within the Update. Further responses had been received from the Lead Local Flood Authority (LLFA,) and additional information considered regarding trees. Having regard to these further considerations, reasons for refusal 3 and 4 fall away and no longer form part of the Officer’s recommendation. Additional. representations objecting to the scheme were also received from interested parties.

During the officer’s presentation, the appeal history of the site was explained, clarifying that although the previous planning application was refused, the Listed Building Consent was approved by the Inspector. In this respect, the current Listed Building Application relates only to matters of detail that followed on from the previous appeal decision, and those matters of detail were found to be acceptable under the current application.

Following the Officer’s presentation, Miss Holloway, a Supporter and Mr Metson, the Agent, addressed the Committee. The Chairperson made the Committee aware that the Principal Conservation & Heritage Officer was present in the Chamber and he was available to answers Members’ questions relating to this item. The Chairperson then opened the floor for debate.

Councillor K M H Lagan and S J Burwood declared that their wives worked for adult community learning providers and supported learners came there for classes.

Councillor J C Stilts declared that she had previously worked at the Friary at one point. 

A debate ensued where Members aired their disappointment with the quality of design, size and siting of the proposed development. 

In response to queries raised by Members’, the Principal Conservation & Heritage Officer advised that the stability of the Friary wall was raised with the previous scheme and a structural engineer was consulted and was satisfied that the development was far enough away to avoid any harm to the structure. In terms of archaeology, he couldn’t comment but made Members aware that the site was of high archaeological potential, so archaeological conditions would be recommended should Members be minded to approve the application.

There being no further discussion the Chairperson moved the Officer’s recommendations as set out in the report and subject also to the details in the members update, which were duly seconded and upon a vote being taken the recommendations were agreed.

RESOLVED that the Planning Application 24/00091/FULM be REFUSED for the following reasons:

1          The proposed development, comprising the two new blocks in the south eastern corner of the site being the Learning Disabilities block and Private For Sale block, the access road within the site, and the presence of parked cars in the southern part of the site, in the grounds of the listed building, would result in a moderate degree of less than substantial harm to the Maldon Conservation Area and Friary East as designated heritage assets. The proposal is therefore contrary to Policies S1, S5, D1, D3 and H4 of the Maldon District Local Development Plan and Government guidance as contained within the National Planning Policy Framework.

2          The proposed new blocks in the southeastern corner of the site being the Learning Disabilities block and Private For Sale block, due to the amount of development, its size and siting and the ‘backland’ context of the site, would appear cramped and contrived and out of keeping with its surroundings to the detriment of the character and appearance of the area. Furthermore, the design of the two blocks is not considered to be high quality, particularly in its context of the setting of the listed building and Maldon Conservation Area. The proposal is therefore contrary to Policies S1, D1 and H4 of the Maldon District Local Development Plan and Government guidance as contained within the National Planning Policy Framework.

3          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, N1 and N2 of the approved Maldon District Local Development Plan and Government guidance as contained within the National Planning Policy Framework.

RESOLVED to GRANT 24/00092/LBC Listed Building Consent subject to the following conditions:

1.         The works hereby permitted shall be begun before the expiration of three years from the date of this permission.

2.         The works hereby permitted shall be carried out in accordance with the approved plans and documents as shown on the decision notice.

3.         The works of demolition shall not be commenced until details of the method of demolition have been submitted to and approved in writing by the Local Planning Authority. The demolition of the outbuilding shall be carried out in accordance with the approved details.