Agenda item

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

A Members’ Update was submitted providing comments from Natural England received post publication of the report.

It was noted that this was called in by Councillor R Pratt, CC and that given it was a deferral there were no public speakers.

Following the Officer’s presentation Councillor N R Pudney addressed the issues of noise and the impact on the residential amenity of future occupiers from the venue. Also noted was the potential over development in the area.

Councillor N R Pudney proposed that the application be refused in accordance with the Officer’s recommendation.

The Chairman put the recommendation to refuse to the Committee, upon a vote being taken this was agreed.

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 Burnham-on-Crouch 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. Therefore, the development is unacceptable in principle. Moreover, the proposed development would substantially alter the open character and intrinsic beauty of the countryside. Due to its layout, scale, height and associated domestic paraphernalia would result in an incongruous and overscaled form of development, which would unacceptably intrude to the open countryside, to the detriment of the character and appearance of the application site and the locality more widely. The development would therefore be unacceptable and contrary to the National Planning Policy Framework and policies S1, S8, D1 and H4 of the Maldon District Local Development Plan (2017), Policies HO.1 and HO.8 of the Burnham-on-Crouch Development Plan and guidance contained within the Maldon District Design Guide (2017).

2.         The proposed development would be within close proximity of two noise sources, the Mangapps Railway Museum and the Mangapps Manor wedding venue, that would impact upon the future occupiers of the proposed dwellings. In the absence of a noise assessment the impact of the two noises sources upon the future occupiers of the dwellings cannot be fully assessed. As such it is highly likely that future occupiers of the proposed residential properties would be subject to excessive noise levels which would be detrimental to the residential amenities of future residents.  Furthermore, the development may impact upon the existing business operations of Mangapps Railway Museum and the Mangapps Manor wedding venue if complaints arise from occupiers of the new dwellings.  The proposal is therefore contrary to policies the National Planning Policy Framework, policies D1 and D2 of the Maldon District Local Development Plan and guidance contained within the Maldon District Design Guide (2017).

3.         The proposed dwelling located on Plot 2, by reason of its style, design and

bulk, in particular the roof dominant style is considered to be of limited architectural merit and would detract from the character and appearance of the area and is therefore contrary to the guidance within the National Planning Policy Framework, policies D1 of the Maldon District Local Development Plan and guidance contained within the Maldon District Design Guide (2017).