See below for this week's key planning applications in the Maldon District, received or decided on by the Council.

Applications received

1. Land north of Captains Wood Road, Great Totham

Outline planning application with some matters reserved for the enlargement of existing access and erection of two detached bungalows.

2. Poundstretcher, 67 High Street, Maldon CM9 5EP

Prior notification for the conversion of first floor shop ancillary (class E) to two residential units (Use Class C3).

3. The King's Head Centre, 38 High Street, Maldon

Proposed change of use from (Class E(e)) Osteopath treatment rooms to (Sui Generis) short term holiday let accommodation.

4. Land north of Willow Grove, Maldon Road, Mundon

Outline planning application (with all matters of detail reserved for future determination except for means of access) for the erection of up to two dwellings.

Applications approved

1. Fiddlers Rest, 1 Mill Road, Mayland CM3 6EQ

Section 73a application for single storey rear extension including annexe, single storey outbuilding with covered walkway, changes to fenestration and alteration to pitch of roof of existing side projection.

2. Blackwater Croft, 8A West Avenue, Mayland CM3 6AF

Construction of new detached bungalow.

3. Dabblers, Little Baddow Road, Woodham Walter CM9 6RP

Increase ridge height to create a first floor, construction of single storey side and rear extension, front infill extension, front entrance porch and carport.

4. Land at Lofts Farmhouse, Broad Street Green Road, Great Totham

Temporary siting of a temporary dwelling for three years to provide accommodation during the construction of a new dwelling and demolition of redundant pole barn.

Applications refused

1. Land at Brook Farm House, Marsh Road, Burnham-On-Crouch

Erection of farm butchers shop and associated parking facilities.

Reasons for refusal:

1. It has not been demonstrated to the satisfaction of the Local Planning Authority that there is a justifiable and functional need for the retail provision at the application site nor within this rural location, that it can be considered to be ancillary, and that it could not have been reasonably located in existing towns or villages. The principle of development has been found to be unacceptable. Therefore, the development would be contrary to Policy E4 of the Maldon District Local Development Plan (2017), and the principles and guidance contained in the National Planning Policy Framework (2021).
2. The application site lies within an open and rural location. The proposed development, by reason of the siting, scale and associated hardstanding, would result in an urban form of development that fails to protect or enhance the character and appearance of the rural area. Furthermore, the proposed building results in an unwelcome visual intrusion into the countryside to the detriment of the character and appearance of the rural area. The development would therefore be contrary to Policies S1, S8, D1 and H4 of the Maldon District Local Development Plan (2017), and the principles and guidance contained in the National Planning Policy Framework (2021).

2. Land at Vicarage Lane, Tillingham

Outline planning application for five detached single storey dwellings with all matters reserved.

Reasons for refusal:

1. The application site is located in a sensitive historic and rural location outside of a defined settlement boundary and within the Tillingham Conservation Area. The application site is also located within close proximity to designated and non-designated heritage assets. The proposed development has not considered the context within which it would sit and would not conserve or enhance the natural or historic environment, nor maintain the rural character of the District. The principle of development has been found to be unacceptable, and the proposal is in conflict with Policies S1, S2, S8, D1, D3 and H4 of the Maldon District Local Development Plan (2017), and the policies and guidance contained in the National Planning Policy Framework (2021).
2. The application site lies within a rural, edge of settlement location. The proposed development would fail to protect and enhance the character and appearance of the rural area and the built form would result in a contrived visual intrusion into this undeveloped section of the countryside, eroding an important area of open space between development. The proposal would have an unacceptably intrusive urbanising effect upon the site and the rural settlement of Tillingham and would be visually intrusive within the wider countryside, harming its intrinsic character and beauty. The development would therefore be contrary to Policies S1, S8, D1 and H4 of the Maldon District Local Development Plan (2017), the objectives of the Maldon District Design Guide (2017), and the policies and guidance set out in the National Planning Policy Framework (2021).
3. The proposal would cause 'less than substantial' harm to the significance of the Conservation Area as a designated heritage asset. The degree of harm would be moderate, and the character of the site eroded. The proposal would also cause harm to the significance of Clifton, as a locally listed non-designated heritage asset. Harm would also be caused to the wider setting of the grade II* listed Stow Farmhouse. Very minor harm would be caused to no.3 Vicarage Lane. The proposal is therefore contrary to Policies S1, D1, D3 and H4 of the Maldon District Local Development Plan (2017) and is not considered to meet the requirements of the National Planning Policy Framework (2021), particularly Paragraphs 199, 200, 202 and 203, and is contrary to sections 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
4. Insufficient information is provided within the application to demonstrate to the satisfaction of the Highway Authority, that the impact on the highway network caused by this proposal will not have unacceptable consequences in terms of highway safety; especially with regard to safe access to and from the site onto Vicarage Lane, as the applicant has failed to provide any information that appropriate visibility splays from the development, for the speed of the road, can be achieved within land the applicant controls or the highway. The lack of such visibility would result in an unacceptable degree of hazard to all road users to the detriment of highway safety. The proposal is therefore contrary to Policies T1 and T2 of the Maldon District Local Development Plan (2017), and the objectives of the National Planning Policy Framework (2021).
5. Having regard to the existing use and the additional vehicle and pedestrian traffic which this proposal is likely to generate, the road which connects the proposed access to the nearest traffic distributor is considered to be of insufficient width to ensure the safety and efficiency of all highway users. The current carriageway width would lead to both vehicle and pedestrian conflict, which is to the detriment of highway safety, especially given the proximity of the local primary school. The proposal is therefore contrary to Policies T1 and T2 of the Maldon District Local Development Plan (2017), and the objectives of the National Planning Policy Framework (2021).
6. Insufficient information has been submitted to allow the Local Planning Authority to assess the potential impact on priority and protected species and habitats. Further, the proposal has not expressed how the development could secure a net gain in biodiversity at the site. The proposal is therefore contrary to Policies S1, S8, D1 and N2 of the Maldon District Local Development Plan (2017), and the objectives of the National Planning Policy Framework (2021).
7. 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 (2017), Paragraphs 180 and 182 of the National Planning Policy Framework (2021) and Essex coast Recreational Avoidance and Mitigation Strategy (RAMS) Habitats Regulations Assessment Strategy document 2018-2038.

3. Land at Keepers Cottage, Hazeleigh Hall Lane, Hazeleigh

Proposed detached annex incidental to the dwelling house.

Reasons for refusal:

1. The application fails to demonstrate that the proposal falls within the annex criteria as detailed within the Council's Specialist Housing Needs Supplementary Planning Document (2018), particularly as the annex is not subordinate to the host, contains all the facilities for independent living, that no clear functional link with the main dwelling has been demonstrated, the annex could be provided with its own curtilage, and the development would not be an integral part of the dwelling in the future. The proposal is contrary to Policies D1, S8 and H4 of the Maldon District Local Development Plan (2017), the Maldon District Specialist Housing Needs Supplementary Planning Document (2018), and the guidance contained within the National Planning Policy Framework (2021).
2. The application site lies within a rural location, adjacent to Hazeleigh Hall Wood, outside of a defined settlement boundary, where policy constraints apply. The proposed development, with its associated domestic paraphernalia, would result in the over intensification of a domestic urban nature and would result in the loss of the character of the site. This would adversely impact on the intrinsic character and beauty of the site's rural setting. The proposal is therefore contrary to Policies S1, S8, D1, H4, N1 and N2 of the Maldon District Local Development Plan (2017), and the policies and guidance contained in the National Planning Policy Framework (2021).
3. By virtue of the large footprint of the proposed building, which would appear excessive within the site's context, the proposal would cause less than substantial harm to the significance of the listed building as a designated heritage asset. The degree of harm would be moderate, and any public benefits are considered to be nominal. The proposal is therefore contrary to Policy D3 of the Maldon District Local Development Plan (2017), section 66 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, and the policies and guidance contained in the National Planning Policy Framework (2021).
4. Insufficient information has been submitted to allow the Local Planning Authority to assess the impact of the proposal upon European Protected Species, and the proposal has failed to provide a net gain in biodiversity. The Local Planning Authority is therefore unable to demonstrate compliance with its statutory duties, including its biodiversity duty under section 40 of the Natural Environment and Rural Communities Act 2006, Policies S1, N1 and N2 of the Maldon District Local Development Plan (2017), and the policies and guidance contained in the National Planning Policy Framework (2021).
5. Insufficient information has been submitted to allow the Local Planning Authority to assess the impact of the proposal upon any trees. The proposal is therefore contrary to Policies S1, D1, D2 and N2 of the Maldon District Local Development Plan (2017), and the policies and guidance contained in the National Planning Policy Framework (2021).

4. The Gallop, 1 Poney Chase, Wickham Bishops CM8 3NX

Claim for lawful development certificate for a proposed single storey rear/side extension.

Reason for refusal:

1. The proposed single storey rear/side extension would not fall within the tolerances of Class A of Part 1, of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

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