Agenda item

To consider the report of the Director of Planning and Regulatory Services (copy enclosed)

It was noted from the Members’ Update that the site is located within the boundaries of Mundon Parish Council. It was further noted that following the publication of the agenda representations were received from interested parties.

In addition to the Members’ Update an Addendum was provided to Members for Agenda Item 6 in relation to a Health Impact Statement. 

Following the Officer’s presentation of the report, Mr Peter Le Grys, the Agent, addressed the Committee.

Members debated issues around flood risk given this was a flood zone and the  potential adverse impact this development would have on the ecology of the area.

Councillor Mrs B E Acevedo proposed that the application be refused in accordance with the Officer’s recommendation and this was seconded and agreed.

RESOLVED that this application be REFUSED for the following reasons:

1          The application site lies within a rural location outside of the defined settlement boundaries where policies of restraint apply. The site has not been identified by the Council to meet the needs of the District in terms of Employment Land and insufficient evidence has been submitted to demonstrate the need for an additional 2.4ha of employment land outside the designated sites listed in policy E1. The development would result in an unjustifiable employment use outside the designated areas for employment purposes and by reason of its nature in an unjustifiable encroachment to what is currently considered as agricultural land. The development would be therefore unacceptable and contrary to the policies S1, S2 and E1 of the Maldon District Local Development Plan (2017) and Government advice contained within the National Planning Policy Framework (2012).

2          According to the NPPF local planning authorities should apply a sequential test to planning applications for main town centre uses that are not in an existing centre and are not in accordance with an up-to-date Local Plan. The development which would create new office space (which falls within the definition of town centre uses) is located outside the town centre and it has not been demonstrated that sequentially preferable sites have not been considered first as required by national and local planning policy in the interests of maximising accessibility by sustainable modes of transport and ensuring the vitality and viability of more central locations. The development is therefore unacceptable and contrary to guidance contained within the National Planning Policy Framework (2012).

3          The proposed development is located within a high risk flood zone (flood zone 3a) and no evidence has been submitted to demonstrate that there are no other available sites within lower risk of flooding that can accommodate the proposed development. Thus, the development is considered to fail the sequential test and therefore the proposal is unacceptable and contrary to policies S1 and D5 of the Maldon District Local Development Plan (2017), and Government advice contained within the National Planning Policy Framework (2012).

4          The proposed development is located within a high risk flood zone (flood zone 3a) and insufficient evidence has been submitted to demonstrate that sufficient drainage strategy has been considered to reduce risk of flooding. The development is therefore unacceptable and contrary to policies S1 and D5 of the Maldon District Local Development Plan (2017), and Government advice contained within the National Planning Policy Framework (2012).

5          The proposed development would be sited in close proximity to ecological and landscape assets, such as a vegetated stream and areas of hedgerows and scrubs, and insufficient information has been submitted to demonstrate that the development would not have a detrimental impact on the existing landscape features. The development is therefore unacceptable and contrary to policies S1 and N2 of the Maldon District Local Development Plan (2017), the guidance contained within the Maldon District Design Guide and Government advice contained within the National Planning Policy Framework (2012).

6          The proposed development would materially increase daily trips to and from the site. Insufficient information has been submitted, within the application, to demonstrate that the proposed development would not result in levels of trips that would not have a detrimental impact upon the existing network and infrastructure. The development is therefore unacceptable and contrary to policy T2 of the Maldon District Local Development Plan (2017) and Government advice contained within the National Planning Policy Framework (2012).