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

Applications received

1. Land at Broad Street Green Road, Langford Road and Maypole Road, Great Totham

Countryside Properties: Advertisement consent for freestanding pole mounted non-illuminated sign for a temporary period.

2. 71 Cedar Chase, Heybridge CM9 4NR

Cedar - reduction of the overhanging branches over neighbours' garden by up to 2.5m, and a reduction of the branches over owners' garden by up to 1.5m. Remove major deadwood (over 3cm in diameter) and tidy up old wounds.

3. Spindles, Church Walk, Maldon

An application for the installation of a through-floor lift.

4. Hawkins Farm, Hackmans Lane, Cock Clarks CM3 6RE

Outline planning application with all matters reserved for the demolition of an existing dwelling and the construction of two houses.

5. Land adjacent to 56 Top Road, Tolleshunt Knights

An application for three new dwellings and landscape proposals.

Applications approved

1. Next, Unit 3, Blackwater Retail Park, The Causeway, Maldon CM9 4DY

An application for three new fascia 'NEXT' signs to replace the existing signs.

2. 20 Hunts Farm Close, Tollesbury CM9 8QX

Demolish existing detached double garage, erect a new detached three-vehicle cart lodge, a 1.8 metre close boarded fence and block paver driveway to extend to the front of the proposed cart lodge.

3. Caravan adjacent to Barn A, Guisnes Lodge, Back Road, Tollesbury

Temporary use of land for the stationing of three caravans in connection with carrying out approved development - planning references 21/00622 and 21/00307.

Applications refused

1. The Limes Guest House, 21 Market Hill, Maldon CM9 4PZ

Retrospective application for change of use of premises from tea rooms to restaurant; use of patio area and existing outbuilding as a dining facility including alterations to fenestration and installation of toilet facilities at first floor level within the outbuilding.

Reason for refusal:

The material change of use of the premises to a restaurant results in demonstrable harm to the amenity of neighbouring residents due to noise and disturbance arising from the outdoor location of the restaurant in close proximity to neighbouring residents and its unneighbourly operating hours to the detriment of their living environment. Furthermore, no information has been submitted to demonstrate that noise and disturbance could be adequately mitigated nor any details of an extraction flue to demonstrate odour mitigation. In the absence of such information and given the poor design and layout of the restaurant, the development fails to comply with Policies D1 and D2 of the Maldon Local Development Plan and the guidance contained within the NPPF.

2. Drakkar Wharf, The Square, Heybridge

Change of use and associated construction works to create two apartments on the ground floor of the existing building.

Reasons for refusal:

1. The proposed residential development would result in the loss of employment land. Insufficient justification or evidence has been provided to demonstrate that the permitted commercial use significantly harms the character and amenity of the adjacent area, the proposed use would be of greater benefit to the local community or the continuous use of the site for employment purposes is no longer viable. The development would therefore have an adverse impact on the limited supply of employment generating land, contrary to policy E1 of the Maldon District Approved Local Development Plan, and the National Planning Policy Framework.
2. The development proposed does not include a sufficient level of Affordable Housing and the type proposed does not meet the identified local greatest need for Affordable Rented residential units. The development is, therefore, contrary to Policy H1 of the Maldon District Approved Local Development Plan, the Maldon District Affordable Housing and Viability Supplementary Planning Document (December 2019) and the National Planning Policy Framework.
3. The application site is located in tidal Flood Zone 3a which has the highest risk of flooding and the proposal is for new dwellings which have a high vulnerability to flooding. The applicant has failed to demonstrate that the proposal complies with the Sequential Test as there is land available within the District for housing development at a lower risk of flooding. Furthermore, the Flood Risk Assessment submitted does not demonstrate that the building would be safe for its occupants and the requirements of the Exceptions Test have not been met. Therefore, the development is contrary to the National Planning Policy Framework, the National Planning Practice Guidance, and Policy D5 of the Maldon District Approved Local Development Plan.
4. The development would not provide an adequate quality of life for the occupiers of the two-bedroom residential units proposed as a result of the absence of any suitable external, private amenity space. The development would, therefore, be contrary to Policy D1 of the Maldon District Approved Local Development Plan, the National Planning Policy Framework and the Maldon District Design Guide.
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 or an appropriate mitigation strategy to overcome the impacts of the development on the European designated nature conservation sites, has not been secured. The development would, therefore, have an adverse impact on those European designated nature conservation sites, contrary to Policies S1, D1, N1 and N2, of the approved Maldon District Local Development Plan and the National Planning Policy Framework

3. 10 New Street, Maldon CM9 6AQ

An application to construct a double garage.

Reason for refusal:

The proposed garage, due to its siting in a visually prominent corner plot location, close to the site's frontage with White Horse Lane, combined with its size and design, would be an incongruous and dominant addition to the site and the streetscene which would harm the character and appearance of the area, contrary to Policies D1 and H4 of the Local Development Plan and Government advice as contained in the National Planning Policy Framework.

4. White Leighs, 44 Woodrolfe Road, Tollesbury CM9 8SE

Variation of condition 2 on planning permission HOUSE/MAL/20/01147 (Single storey rear/ side extension. Roof addition including roof lights and flue pipe. Changes to fenestration). Amendment sought: Condition 2 - an amendment to the roof of the proposed development.

Reason for refusal:

A planning authority cannot use S.73 to change the description of the development. It is considered that the proposed changes to the development approved under planning application HOUSE/MAL/20/01147 would result in a development that conflicted with the description of the development contained within the decision notice. Therefore, the proposed amendments extend beyond the limitations of an application under s.73 of the Town and Country Planning Act (1990) (as amended).