Agenda item

To consider the report of the Director of Strategy, Performance and Governance (copy enclosed, Members’ Update to be circulated)*.

A Members’ Update was submitted by the agent detailing revised plans.

Following the Officer’s presentation an Objector, Thomas Wright, Parish Councillor Paul Burgess, Althorne Parish Council and the Applicant, Mr Bardwell addressed the Committee.

A debate ensued where some Members expressed sympathy with the applicant, however, the majority felt that the Officer’s recommendation was correct. The application was outside the defined settlement boundary, it would have a detrimental impact on the character and appearance of the area, did not contain adequate provision for affordable housing and was contrary to five key policies in the Maldon District Local Developmental (MDLDP).

Taking into consideration the aforementioned Councillor Fluker proposed that the application be refused in accordance with the Officer’s recommendation and this was seconded.

The Chairman put the proposal to refuse to the Committee and this was agreed

RESOLVED that the application be REFUSED for the following reasons:

1.             The proposed development would result in the loss of employment land.  No justification or evidence has been provided for the loss of this land by way of evidence that the existing use demonstrably harms the character and appearance of the area, the proposed use would be of greater benefit to the community, or that the site has been marketed for sale and that there is a confirmed lack of interest.  The development would therefore have an adverse impact on the limited supply of employment generating land, contrary to policy E1 of the approved Maldon District Local Development Plan and guidance contained in the National Planning Policy Framework (2019).

2.             The application site lies outside of the defined settlement boundaries 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 character of the area and have an unacceptable visual impact on the countryside and the locality through the urbanisation and domestication of the site, representing the sprawl of built form outside the settlement boundary of Althorne. Furthermore, the limited design merit of the proposal, which would create a contrived and out of keeping form of development which would exacerbate the impact on the character and appearance of the area and the locality. The development would therefore be unacceptable and contrary to policies S1, S8, D1 and H4 of the approved Maldon District Local Development Plan (2017) and Government advice contained within the National Planning Policy Framework (2019).

3.             The proposed development makes inadequate provision for affordable housing

or a financial contribution in lieu of affordable housing contrary to policy H1 of the approved Maldon District Local Development Plan and the National Planning Policy Framework (2019).

4.             The proposed development as a result of its unacceptable visual impacts and

urbanisation and domestication of the site, the failure to provide sufficient car parking provision and the lack of sufficient amenity space provision at plot 2 will result in the overdevelopment of the site.  The proposal is therefore contrary to policies S1, S8 D1, H4 and T2 of the Maldon District Local Development Plan, the Maldon District Design Guidance and the National Planning Policy Framework.

5.           In the absence of a completed legal agreement pursuant to Section 106 of the

Town and Country Planning Act 1990, the necessary financial contribution towards Essex Coast Recreational disturbance Avoidance and Mitigation Strategy has not been secured. As a result, the development would have an adverse impact on the European designated nature conservation sites, contrary to Policies S1, D1, N1 and N2 of the Maldon District Local Development Plan and the NPPF.