Agenda item

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

The Officer informed the Committee that there was no discussion or presentation for this item as it was returning to the Committee after the Constitutional brake was invoked at the previous meeting following Members indicating they would be minded to refuse this application. Also indicating that if they were still minded to refuse they would have to agree on the reasons for refusal.

Councillor M F L Durham then proposed that the Committee agree the reasons for refusal as laid out in the report and refuse this application. This was duly seconded.

In accordance with Procedure Rule No. 13 (3) the Chairperson requested a recorded vote. He then put the proposal to refuse the application, and the voting was as follows:

For the recommendation: 

Councillors M F L Durham, J C Hughes, C P Morley, E L Stephens and L L Wiffen.

Against the recommendation: 

None.

Abstention: 

Councillors S J N Morgan and M E Thompson.

Following this Councillor Wiffen nominated herself and Councillor Morgan to represent Maldon District Council. This was duly approved.

RESOLVED

25/00473/OUTM: This application had been appealed so no decision could be issued. However, Members were minded to REFUSE permission for the reasons as set out in the report.

25/00474/OUTM: that this application be REFUSED for the following reasons:

1          The Council's strategic policies seek to focus growth in the District's main settlements of Maldon, Heybridge and Burnham on-Crouch as they constitute the most suitable and accessible locations in the District. The proposal would introduce residential development beyond the settlement boundary of Purleigh, identified as a 'smaller village' in Policy S8 which provides limited services, facilities and employment opportunities, where the principle of the proposed development is not supported. The site is not well located in terms of access to and provision of public transport and access roads to and from the village are constrained and narrow. The majority of journeys to and from the site would be reliant on travel by private car. Accordingly, the proposal would result in unsustainable development. Paragraph 11d)ii of the National Planning Policy Framework provides that applications should not be granted where any adverse impacts of doing so would significantly and demonstrably outweigh the benefits. In this case, the proposal:

·        is contrary to key policies for directing development to sustainable locations, and

·        in the absence of a legal agreement, does not provide affordable homes.

The adverse impacts of the development would significantly and demonstrably outweigh the benefits when assessed against the policies in the LDP and the National Planning Policy Framework taken as a whole. The proposal conflicts with the development plan's spatial framework contrary to Policies S1, S2, S8, I1, and T1 of the approved Maldon District Local Development Plan and guidance 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 the proposal fails to include:-

·          adequate 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 (2017) and Government advice contained within the National Planning Policy Framework;

·          adequate provision to secure the completion, management and maintenance of the public open space, or the provision of the necessary contributions towards education, libraries, public transport and healthcare, such that the impact of the development cannot be mitigated, contrary to Policies S1, D1, N1, N3, I1, T1 and T2 of the Maldon District Local Development Plan (2017) and Government advice contained within the National Planning Policy Framework.

·          adequate provision to secure on- and off-site Biodiversity Net Gain in accordance with Policy N2 of the Maldon District Local Development Plan (2017) and Schedule 7A (Biodiversity Gain in England) of the Town and Country Planning Act 1990.

·          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, and the development would thereby 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 National Planning Policy Framework.