Twelve planning applications in the Maldon District: 40 new homes in Great Totham, 40 houses in Tillingham refused, church conversion approved, and more

By Ben Shahrabi

30th Aug 2023 | Local News

Take a look at this week's key planning applications in the Maldon District, received or decided on by the Council. (Credit: Ben Shahrabi)
Take a look at this week's key planning applications in the Maldon District, received or decided on by the Council. (Credit: Ben Shahrabi)

Read this week's roundup of the key planning applications in the Maldon District, received or decided on by the Council.

Applications received

1. Land south east of 34 Hall Road, Great Totham

New residential development comprising the construction of 40 new dwellings together with upgraded access from Hall Road, public open space, car parking, garden space and associated development.

2. High Trees, Spital Road, Maldon CM9 6SQ

Installation of domestic ground based solar array of 176 panels.

3. Mapledean Poultry Farm, Mapledean Chase, Mundon

Reserved matters application for approval of layout, appearance, landscaping and scale following outline planning permission OUT/MAL/18/01034 (Redevelopment of poultry farm for approximately 5030sqm B1 (b) & (c) commercial floorspace with associated access arrangements)

4. Land south west of The Warren, Hackmans Lane, Purleigh

Solar Farm together with sub-station, ancillary buildings, structures, landscaping, emergency lighting and access.

Applications approved

1. Tillingham Congregational Church, Chapel Lane, Tillingham

Conversion of Tillingham Congregational Church to a single family dwelling including internal and external alterations, air source heat pump, cycle store and alterations to boundary treatment.

2. Unit 3, The Old Ironworks, Fullbridge, Maldon CM9 4LE

One externally-illuminated fascia and one externally-illuminated projector.

A new branch of Subway has now officially opened at the premises.

3. Land adjacent to 31 Woodrolfe Road, Tollesbury

Outline planning application with all matters reserved for the erection of a two-bedroom two-storey dwelling.

4. 53 The Leas, Burnham-On-Crouch CM0 8NH

Section 73A Application for change of use of land to residential.

Applications refused

1. Land west of Crown Road, Cold Norton

Outline planning application with all matters reserved apart from access, for residential development (up to 14 dwellings), vehicle circulation and parking, hard and soft landscaping and associated development.

Reasons for refusal:

  1. The provision of fourteen dwellings on this site and associated works, outside the defined settlement boundary of Cold Norton would fail to protect or enhance the natural beauty, tranquillity, amenity and traditional quality of the rural landscape setting by introducing unacceptable built form into the site and be likely to cause a loss of landscaping that currently forms an integral part of, and contributes to, the rural quality of the area. The proposal would therefore fail to make a positive contribution to the locality and cause an unacceptable degree of harm to the character and appearance of the locality and represent unwarranted development within the countryside contrary to policies S1, S8, D1 and H4 of the Local Development Plan and core planning principles and guidance contained in the National Planning Policy Framework.
  2. It has not been demonstrated that an appropriate visibility splay can be achieved for the speed of the road at the access from Crown Road onto Latchingdon Road. Further, the application does not include any details of the location of Public Footpath no. 20 (Cold Norton) or any priority or suggested improvements for pedestrian movements along Crown Road, for uses of the public footpath. The development would intensify the current conflict between vehicles and pedestrians using the footpath, which would create deterioration of the footpath as a public right of way. The application also fails to demonstrate that appropriate measures would be provided to improve and promote cycling and walking from the development along Crown Road. The proposal would be therefore would not provide a suitable and safe access for all users and would result in an unacceptable degree of hazard to all road users to the detriment of highway safety and contrary to the National Planning Policy Framework and policies, S1, D1, T1 and T2 of the Maldon District Local Development Plan (2017), and guidance contained within the Maldon District Design Guide (2017).
  3. The proposed development has a potential significant impact upon protected species. Insufficient information has been submitted to allow the Local Planning Authority to determine that the proposed development would not have significant impact on these features, or the significant impact is such that it can be mitigated or compensated in a satisfactory way. The development is therefore unacceptable and contrary to policies S1, D2 and N2 of the Local Development Plan as well as guidance contained within the National Planning Policy Framework.
  4. In the absence of a completed legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, the proposal includes inadequate provision to secure the delivery of affordable housing to meet the identified need in the locality, address the Council's strategic objectives on affordable housing and supporting a mixed and balanced community, contrary to Policies S1, H1 and I1 of the Maldon District Local Development Plan and Government advice contained within 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 to secure the necessary the provision of any necessary contribution towards health care provision the impact of the development cannot be mitigated contrary to Policies S1, D1, N1, N3, I1 and T2 of the Maldon District Local Development Plan and Government advice contained within the National Planning Policy Framework.
  6. In the absence of a completed legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, securing a 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, the development would have an adverse impact on those European designated nature conservation sites, contrary to Policies S1 and I1 of the Maldon District Local Development Plan and the NPPF.

2. Land at Poplar Grove Farm, Poplar Grove Chase, Great Totham

Proposed residential development of nine dwellings.

Reasons for refusal:

  1. The site is located outside of a defined settlement boundary where rural policy constraints apply. By virtue of the layout of the existing built form and the relationship of the site to the development to the north, south, and east of the site, the excessive height of the dwellings proposed, and the introduction of a new access road, parking areas, and domestic paraphernalia, the development would appear as a visually prominent and incongruous form of development that would urbanise the site and cause harm to the intrinsic character and beauty of the open countryside. The proposal has not considered the context within which it will sit, and a development of this quantum is not acceptable. The proposal is therefore contrary to Policies S1, S2, S8, D1 and H4 of the Maldon District Local Development Plan (2017), Policies GT01 and GT02 of the Great Totham Neighbourhood Development Plan (2022), and the policies and guidance contained in the National Planning Policy Framework (2021).
  2. The cumulative Gross Internal Area of the proposed dwellings and garages exceeds 1000 square metres. All developments of more than 1000 square metres will be expected to contribute towards affordable housing. The proposal is for 9no. market dwellings and does not provide for any affordable units. The proposal is therefore contrary to Policy H1 of the Maldon District Local Development Plan (2017), the Council's Affordable Housing Supplementary Planning Document (2019), and the policies and guidance contained in the National Planning Policy Framework (2021).
  3. The proposal has been found to cause less then substantial harm to the significance of Poplar Grove Farmhouse, a grade II listed building, through the urbanisation of one of the last remnants of its agricultural setting. In accordance with Paragraph 202 of the NPPF (2021), such harm must be weighed against the public benefits of the proposal. The public benefits of the scheme do not outweigh the harm caused and the proposal is not acceptable in this regard. The proposal is therefore contrary to Policies S1, D1 and D3 of the Maldon District Local Development Plan (2017) and the policies and guidance contained in the National Planning Policy Framework (2021).
  4. Insufficient information has been submitted to demonstrate that the proposal would be acceptable in terms of highway safety and efficiency in relation to the proposed new access at Broad Street Green Road. The proposal is contrary to the policies contained within the County Highway Authority's Development Management Policies, adopted as County Council Supplementary Guidance (February 2011), Policy T2 of Maldon District Local Development Plan (2017) and the policies and guidance within the National Planning Policy Framework (2021).
  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 the 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) and the policies and guidance within the National Planning Policy Framework (2021).

3. Land east of Birch Road, Tillingham

Full planning application for a residential development of 40 dwellings, formation of new vehicular and pedestrian access, associated open space, parking and landscaping.

Reasons for refusal:

  1. The application site lies within a rural location outside of the defined settlement boundary of Tillingham, which is defined within the LDP as a smaller village providing few services and facilities and limited employment opportunities. If developed, the site, by reason of its location, would provide poor quality and limited access to sustainable and public transportation, resulting in an increased need of private vehicle ownership and limited access to services, facilities and employment opportunities. Furthermore, the village and its limited services and facilities would be unable to sustain the quantum of development proposed. The development would therefore result in significant and demonstrable harm that cannot be outweighed by the benefits arising from this residential scheme. The development would therefore be unacceptable and contrary to policies S1, S2, S8, D1, T1, T2, H4 of the LDP and the guidance contained within the NPPF.
  2. The proposal, by reason of its quantum of development proposed, density, design and relationship with the wider area, would harm the character and appearance of the area. The identified harm to the countryside and wider area would be significantly and demonstrably greater than the benefits arising from the proposed development. As such, the development would be unacceptable and contrary to Policies S1, S8, D1 and H4 of the Maldon District Local Development Plan and guidance contained within Section 12 of the National Planning Policy Framework.
  3. In the absence of a completed legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, securing the following necessary planning obligations:
  • A 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;
  • A financial contribution towards the provision of education;
  • Management/maintenance of the public open space;
  • Affordable housing provision; and
  • A financial contribution towards health care provision, as identified by the NHS Mid and South Essex Integrated Care System.

The development would have an adverse impact on those European designated nature conservation sites, would not adequately provide for the educational needs of the future residents of the site, would not provide for future healthcare provision, would not ensure that the public open space proposed was appropriate managed and maintained and would not meet the affordable housing needs of the District. The development is, therefore, contrary to Policies S1, H1, N1, N2, D1, D2, T1, T2, I1 and I2 of the approved Maldon District Local Development Plan and the NPPF.

4. 8A Mill Road, Mayland

Erection of single four-bedroom dwelling.

Reasons for refusal:

  1. The proposed development is located outside of a defined settlement boundary, where rural policy constraints apply. The site is not considered to be in an accessible location and does not promote sustainable travel. By virtue of the domestication and urbanisation of the site, the proposed development is considered to appear as incongruous and would erode the rural character of this section of Mill Road. The proposal has not fully considered the context within which it will sit when taking into account the character and appearance of the site's rural setting. The principle of development is therefore unacceptable, and the proposal is also unacceptable with regard to the impact on the site's character and design. The proposal is contrary to Policies S1, S2, S8, D1, H4, T2, N2, D2 and I2 of the Maldon District Local Development Plan (2017), and the policies and guidance contained in the National Planning Policy Framework (2021).

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