Maldon District: 'Flood risk' development refused, changes to an Essex Wildlife Trust Nature Reserve, demolition at Winterdale Manor, and 8 more planning applications near you
By Ben Shahrabi
19th Oct 2022 | Local News
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 Homelands, Southminster Road, Asheldham
An application for the erection of a four-bedroomed bungalow, detached garage and new vehicular access.
2. 6 Towers Road, Heybridge CM9 4AP
An application for an outbuilding for granny annex for family use
3. Heybridge Mill House, Anchor Lane, Heybridge CM9 4LS
- Replace window with bay.
- Reposition and reduce window, replace external door with window.
- Remove rear lean-to and replace with modern extension.
- Remove timber sash window and replace with door.
- Internal alterations including removal of walls.
- New window opening to be put in gable end.
4. Adjacent 42, The Causeway, Maldon CM9 4LJ
Two-storey building to provide office (Use Class E(g)(i)) at ground floor and one bedroomed flat at first floor level with associated parking and garden area.
Applications approved
1. Winterdale Manor Enterprise Centre, Southminster Road, Althorne
An application for the demolition of one existing commercial unit (Unit 1), and the erection of a pair of commercial units (Unit 1a and Unit 1b), for Use Class E purposes, but excluding Use Class E (d) (indoor sports).
Associated works including alterations to parking area, new fencing and gates, new boundary hedge, refuse and recyclable storage area, provision of cycle parking and widening of vehicle access.
2. The Essex Wildlife Trust Nature Reserve, Blue House Farm, Blue House Farm Chase, North Fambridge CM3 6GU
Variation of condition 14 (timing of construction works) on approved planning permission 20/00638/FUL:
- Construction of an earth bund measuring 2,140m around the perimeter of the site (0.5m high and 4m wide) and approximately 3000m of foot drains/ditches around the site and through the site (3m wide and 0.5m deep).
- Twelve shallow scrapes approximately 2,500m2 each with a maximum depth of 0.5m.
- Break-up agricultural land drains at the edge of the site.
- Construction of concrete, boarded sluice.
3. Blue House Farm, Blue House Farm Chase, North Fambridge CM3 6GU
Variation of condition 10 (timing of construction works) on approved planning permission 21/00554/FUL:
- Deepening a 22 hectares.
- Wetland scrape in three locations.
- Construction of raised walkway, screening bunds, base for wildlife hide and areas above the waterline for roosting and nesting birds.
- Installation of 2000m of anti-predator fence to a height of 1.8m to replace existing anti-predator fence.
Applications refused
1. Land rear of 11 Crescent Road, Heybridge
An application for the erection of single two storey dwellinghouse.
Reasons for Refusal:
- The development proposed would cause harm to the character and appearance of the area as a result of the need to remove existing trees and vegetation along the site's frontage with Elizabeth Way, contrary to Policies D1 and H4 of the approved Maldon District Local Development Plan and the NPPF.
- 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.
- 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.
2. Longacre, Langford Road, Langford CM9 4SU
Proposed rear two storey and single storey extensions.
Reasons for Refusal:
- The development, by reason of its location, design, height, and depth, would not be a visually subservient addition to the existing dwelling and appear out-of-keeping with the host dwelling and the streetscene. The development would therefore harm the character and appearance of the host dwelling and the surrounding area, contrary to Policies D1 and H4 of the Maldon District Local Development Plan and the guidance contained within the NPPF.
- The proposed extension, due to its proximity to the boundary of the site along with its height and depth, would have an overbearing impact on the private amenity space of the adjacent neighbouring property to the north. The proposal would, therefore, be an unneighbourly form of development which would have a detrimental impact on the residential amenity of the occupiers of this neighbouring property, contrary to Policy D1 of the Maldon District Local Development Plan and the guidance contained within the National Planning Policy Framework.
3. Land north of Willow Grove, Maldon Road, Mundon
Erection of two detached dwellings with integral garages, new access driveway and garden outbuildings.
Reasons for Refusal:
- The site is outside of a defined Settlement Boundary and is in open countryside. There is no footpath provided at the front of the site to connect the site to a nearby settlement or bus stop. The adjacent highway is unlit, with a speed limit of 60 miles per hour. The closest settlements are classified as 'smaller villages', providing limited services. Future occupants of the site would therefore be heavily reliant on the use of the car, and the proposal therefore does not provide a sustainable form of development.
- The proposal is therefore contrary to Policies S1, S8, D1, H4, T1 and T2 of the Maldon District Local Development Plan (2017), the Maldon District Design Guide (2017) and the policies and guidance in the National Planning Policy Framework (2021).
- The proposed dwellings, as a result of their design, scale, siting and height, would result in a cramped and contrived, incongruous form of development that would cause significant and undue harm to the intrinsic beauty and character of the open countryside. The proposal does not consider the context within which it will sit and represents a form of overdevelopment. This is contrary to Policies S1, S8, D1 and H4 of the Maldon District Local Development Plan (2017), the Maldon District Design Guide (2017) and the policies and guidance in the National Planning Policy Framework (2021).
- The proposed development, as a result of the arrangement, height and close proximity of the dwellings to each other, would result in a loss of outlook and overshadowing to the occupiers of 'Plot 2.' Therefore, the proposed development would represent an unneighbourly form of development which would cause material harm to the amenity of the occupiers of this property. Due consideration has also not been given to the impact of the neighbouring commercial unit in terms of noise, odour and lighting, on future occupants. Insufficient information has been submitted in this regard (a full BS4142 noise report is required). The proposal is therefore contrary to Policies D1 and H4 of the Maldon District Local Development Plan (2017) and guidance contained within the National Planning Policy Framework (2021).
- In the absence of an up-to-date ecological assessment, it is not possible for the Local Planning Authority to undertake a robust assessment with regard to the potential impact caused by the development to the ecology on, and within close proximity to, the site. Further, insufficient information has been provided to demonstrate how the proposal will secure a net gain in biodiversity. The proposal is therefore contrary to Policy S1, S8 and N2 of the Maldon District Local Development Plan (2017) and the guidance within the National Planning Policy Framework (2021) and the National Planning Practice Guidance (first published in 2014, but regularly updated).
- 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) and the guidance set out in the National Planning Policy Framework (2021).
- In the absence of an up-to-date Tree Survey and Arboricultural Impact Assessment, it is not possible for the Local Planning Authority to robustly assess the impact the proposed development may have on the existing trees and if any overshadowing may occur to the dwellings proposed. The proposal is therefore contrary to Policies S1, S8 and N1 of the Maldon District Local Development Plan (2017) and the guidance within the National Planning Policy Framework (2021) and the National Planning Practice Guidance (first published in 2014, but regularly updated).
4. Land adjacent Theedhams Farm, Steeple Road, Southminster
An application for the change of use from an industrial site to seven flats with associated open space/allotments.
Reasons for Refusal:
- The application site is located in Flood Zone 3. The development sought is considered 'Highly vulnerable' as per Annex 3 of the National Planning Policy Framework. Highly vulnerable development should not be permitted in Flood zone 3 as per Table 3 Flood risk vulnerability and flood zone incompatibility of the Government's Planning Practice Guidance. The development is therefore unacceptable in principle in relation to flood risk and would result in a highly vulnerable form of development in a high risk flood zone. Furthermore, insufficient information has been submitted to demonstrate that other sites appropriate for the proposed development within a lower probability of flooding are not reasonably available and as such, the applicant has failed to meet the requirements of the Sequential Test. Therefore, it has not been demonstrated that the development is not susceptible to a risk of flooding, or that it would not give rise to increased flood risk off-site. The development is therefore unacceptable and contrary to Policies S1 and D5 of the approved Maldon District Local Development Plan and the guidance contained within the National Planning Policy Framework.
- The application site is located in a visually prominent location, at the junction of Steeple Road and Scotts Hill/Queen Street. Whilst the layout, scale and appearance of the development are indicative, it is considered that a development with the amount of floorspace to provide seven residential units and height to provide residential space that is elevated from the ground, has the potential to be of a size, height and position which would be visually obtrusive and incongruous within the streetscene, to the detriment of the character and appearance of the area, contrary to Policy D1 of the Maldon District Approved Local Development Plan and the NPPF.
- 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.
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