Agenda item

To consider the planning application and recommendations of the Chief Executive, (copy enclosed, Members’ Update to be circulated).

It was noted from the Members’ Update that a draft Section 106 legal agreement had been submitted in support of the application.  Following receipt of the agreement a number of sections in the report required updating and these were set out in the Members’ Update.  In addition, it was noted that a letter of support had been received from Mr Croud of St Lawrence and if Members were minded to refuse the application, as per Officers recommendation, reason for refusal 2 should be deleted.

Following the Officers’ recommendation the Agent, Mr Matthews addressed the Committee.

A debate ensued and Members commented on the design of the proposed dwellings, the site being identified by the Council for employment and access into the site.

The Chairman then put the Officers recommendation of refusal, amended in accordance with the Members’ Update.  Upon a vote being taken this was agreed.

RESOLVED that this application be REFUSED for the following reasons:

1          The application site is allocated within the adopted Maldon District Replacement Local Plan as a protected employment site and within the submitted Maldon District Local Development Plan remains a protected employment site.  The proposed development would result in the loss of the site for employment purposes and insufficient information has been submitted to justify this loss. The proposed development would therefore be contrary to policies E1 and E6 of the adopted Maldon District Replacement Local Plan, policy E1 of the submitted Maldon District Local Development Plan and the guidance and provisions of the National Planning Policy Framework, in particular Paragraphs 7, 19, 21 and 22.

2          The application site is located within an allocated industrial site and the development of this site for housing would be likely to result in future occupiers being subject to unacceptable levels of noise.  This would have a significant adverse impact upon the health, quality of life and wellbeing of the future occupiers of these proposed dwellings resulting in poor living conditions. It is considered that the site's proposed future development would introduce residential properties in a much closer proximity to this existing noise source than the majority of nearby properties.  As such the proposal is not considered to represent sustainable development and would be contrary to policies BE1 and CON5 of the adopted Maldon District Replacement Local Plan, policies D1 and D2 of the submitted Maldon District Local Development Plan and the guidance and provisions of the National Planning Policy Framework, in particular Paragraphs No. 7, 14 and 123.

3          The proposed development, by reason of its position, size, design and external appearance, would represent an intrusive development, out of scale and character with the prevailing pattern of development in the locality to the detriment of the character and appearance of the area.  The proposal would be contrary to policy BE1 of the adopted Maldon District Replacement Local Plan, policies D1 and H4 of the submitted Maldon District Local Development Plan, and the provisions and guidance contained within the National Planning Policy Framework, in particular paragraphs 56, 61 and 64

4          The proposed development, due to the lack of private amenity space, would not provide an acceptable level of amenity space for the use and enjoyment of the future occupiers of the dwellings and, as such, is contrary to the requirements set out by policy BE1 of the adopted Maldon District Replacement Local Plan and D1 of the submitted Local Development Plan and would result in an under provision of private amenity space for dwellings of this size.

5          The proposed development due to its scale, siting and design would have a serious and adverse impact on the amenity enjoyed by occupiers of adjacent neighbouring properties contrary to policy BE1 of the adopted Maldon District Replacement Local Plan, policies D1 and H4 of the submitted Maldon District Local Development Plan, and the provisions and guidance contained within the National Planning Policy Framework.

6          Due to the incongruous design, unacceptable level of private amenity space, impact on the amenity of adjacent neighbouring occupiers and detrimental impact on the free flowing of traffic, the development is considered to result in overdevelopment of the site contrary to to policy BE1 of the adopted Maldon District Replacement Local Plan, policies D1 and H4 of the submitted Maldon District Local Development Plan, and the provisions and guidance contained within the National Planning Policy Framework.