Agenda item

To consider the report of the Director of Strategy, Performance and Governance, (copy enclosed).

A Members’ Update had been submitted reflecting the correct number of bedrooms being proposed and providing details from an additional letter of support received post publication of the report.

Following the Officer’s presentation, Councillor Paul Burgess, on behalf of Althorne Parish Council, and Mr Andrew Powl, the Applicant, addressed the Committee.

A long debate ensued and a range of issues were raised. Whilst some Members expressed sympathy with the applicant they also acknowledged the valid reasons for refusal put forward by Officers. Furthermore it was noted that although the permitted development legislation allowed for the conversion of agricultural buildings it required that new build retained the same shape and size as previous and this development did not adhere to that requirement.

It was considered that the development would represent an unsustainable form of development and represent urban sprawl into the countryside, detracting from the character and appearance of the site and the area, contrary to both local plan policies and the principles of the National Planning Policy Framework (NPPF).

In response to questions raised Officers advised that the material consideration that is the former prior approval application is not considered to outweigh the harm highlighted above. This was for a number of reasons including that the prior approval cannot be implemented as work has already been undertaken

Councillor M J Helm proposed that the application be approved contrary to the Officer’s recommendation. This was not seconded.

Councillor R G Boyce proposed that, in light of the reasons for refusal in Section 8 of the report (specifically reasons 2 and 3), the application be refused in accordance with the Officer’s recommendation. This was not seconded.

The Chairman then put the Officer’s recommendation to the Committee and upon a vote being taken the application was refused.

RESOLVED that the application be REFUSED for the following reasons:

1.         The application site lies within a rural location outside of the defined

settlement boundary of Althorne where policies of restraint apply. The Council can demonstrate a five year housing land supply to accord with the requirements of the National Planning Policy Framework. The site has not been identified by the Council for development to meet future needs for the District and does not fall within either a Garden Suburb or Strategic Allocation for growth identified within the Maldon District Local Development Plan to meet the objectively assessed needs for housing in the District. The proposed development would substantially alter the open character and intrinsic beauty of the countryside and would detract from the agricultural character and appearance of the site as a result of the over domestication of the site and the inclusion of associated residential paraphernalia. If developed, the site would be disconnected from the existing settlement and by reason of its location and access, it would provide poor quality and limited access to sustainable and public transportation, resulting in an increased need of private vehicle ownership. The development would therefore be unacceptable and contrary to policies S1, S2, S8, D2 and H4 of the Maldon District Local Development Plan (2017) and Government advice contained within the National Planning Policy Framework (2018).

2.         The development provides an unacceptable level of on-site car parking provision in an unsustainable location, which would be likely to cause an increase of parking demand off site. This will result in on-street car parking to the detriment of pedestrian and highway safety and the free flow of traffic contrary to approved Maldon District Local Plan policies D1 and T2.

3.         The development results in family accommodation. The private amenity space

provided is substantially short of that required and is considered to result in an amenity space provision that would fail to be adequate in meeting the needs of current and future occupiers of the site, to the detriment of their amenity and standard of accommodation, failing to comply with policy D1 of the Approved Maldon District Local Development Plan and guidance contained with the Maldon District Design Guide. 

Councillor Mrs B F Acevedo returned to the Chamber.