Maldon District: Over-55s development refused, new corner shop in Tolleshunt D'Arcy, public path to move for new crematorium, and 9 more planning applications near you

By Ben Shahrabi

26th Apr 2023 | Local News

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

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

Applications received

1. Darcy Stores, 17 North Street, Tolleshunt D'arcy CM9 8TF

Outline planning application with all matters reserved except for layout and appearance for the construction of a convenience store.

2. Land opposite St Margaret's Church, Maldon Road, Woodham Mortimer CM9 6SN

PROW (Public Right of Way) to be stopped up or diverted Approximately 326 metres, leading south from Maldon Road.

Plans for brand new crematorium in Woodham Mortimer were approved by Maldon District Council in February.

3. Land at 100 The Street, Latchingdon

Erection of detached two-bedroom bungalow.

4. Land at Dodo Mansion, Kelvedon Road, Tolleshunt D'arcy

Demolition of outbuilding and erection of seven-bedroom dwelling for supported living.

Applications approved

1. Tylers Farm, Grange Road, Tillingham CM0 7UR

An application for a single-storey rear orangery.

2. Woodland View, Maldon Road, Woodham Mortimer CM9 6SN

Demolition of the existing garage. Erection of a part single, part two-storey rear extension, two-storey front extension, loft conversion, a car port and glazing and material changes throughout.

3. The Old Forge, Chelmsford Road, Woodham Mortimer CM9 6TH

Single storey rear extension, internal alterations and changes to the front boundary.

4. Purleigh Lodge, Lodge Lane, Purleigh CM3 6PP

Demolition of the existing house and outbuildings and erection of a new detached dwelling house

Applications refused

1. Land at Garlands Farm Cottages, 76 West Street, Tollesbury

Demolish existing buildings and construct a two-storey three-bedroom/6-persons' detached dwellinghouse and garden room.

Reasons for refusal:

  1. The proposed dwelling house, by reason of its proximity and overbearing relationship with the built form of the host property, together with its form, materials and detailing in addition to the crowding effect of the carport roof, would be significantly detrimental to the appearance and character of the setting to a Listed Building. As such the proposal is contrary to Policies D3 and H4 of the Local Plan and the National Planning Policy Framework.
  2. The proposal would result in the occupiers of 78 West Street having an insufficient degree of outlook which would be materially detrimental to residential amenity. As such the proposal is contrary to Policy D1 and H4 of the Local Plan and the National Planning Policy Framework.
  3. The proposal would result in the occupiers of 76 West Street having an insufficient degree of private amenity space which would be materially detrimental to residential amenity. As such the proposal is contrary to Policy D1 and H4 of the Local Plan and the provisions of the Maldon District Design Guide and the National Planning Policy Framework.
  4. In the absence of a satisfactory 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, I1, N1 and N2 of the Maldon District Local Development Plan and the National Planning Policy Framework.
  5. Insufficient information has been provided from an arboricultural perspective regarding a mature Walnut tree on the site which has significant amenity value within the street scene. The loss of this tree would be materially detrimental to the appearance and character of the site and its setting. As such the proposal is contrary to Policies S1 (9), D1 1) (c) and 3), and N2, and the National Planning Policy Framework.

2. Land between 26 & 28 Tiptree Road, Wickham Bishops

Residential development comprising 5 bungalows with garages and associate works for over 55's.

Reason for refusal:

  1. The development would have likely significant effects on the European designated sites as a result of recreational disturbance. Therefore, the development is considered habitats development and as such the proposal would not comply with Article 5B (1) of the Town and Country Planning (Permission in Principle) Order 2017 (as amended) and would fall foul of Policies S1 and N2 of the approved Maldon District Local Development Plan, Policy WBEn 01 of the Wickham Bishops Neighbourhood Plan and guidance contained within the NPPF.

3. Barn A, Lofts Farmhouse, Broad Street Green Road, Great Totham

Conversion of Barn A into studio and workshop.

Reasons for refusal:

  1. The proposal seeks to convert Barn A to a studio and workshop that is ancillary to the enjoyment of Barn B. However, Barn A is outside of the approved residential curtilage for Barn B and therefore, cannot be considered to be ancillary and would result in the creation of an independent residential unit. The principle of the development is therefore unacceptable and consequently contrary to Policies S1, S2, S8, D1 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 outside of a defined settlement boundary, where policy constraints apply. The site forms a group of agricultural buildings and makes a positive contribution to the site's rural landscape. The proposed development, with its associated curtilage, parking, and domestic paraphernalia, would be highly visible within the street scene and the open countryside. resulting in an erosion of the intrinsic character and beauty of the site's 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 in the National Planning Policy Framework (2021).

4. Valentines Cottage, Crown Road, Purleigh

Retention of dwelling as a separate dwelling (not in compliance with Condition 3 of FUL/MAL/04/00816) and use of existing parking and garden areas. New landscaping and improvements and minor alternations to the adjacent property.

Reasons for refusal:

  1. The proposed development is located outside of a defined settlement boundary and is in open countryside. 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, which is readily visible across the surrounding landscape, the proposed development is considered to appear as an incongruous form of development that is out of keeping and will erode the intrinsic beauty of the open countryside, and has not allowed for the orderly redevelopment of the site. The principle of development has, therefore, been found to be unacceptable. The proposal is therefore contrary to Policies S1, S8, D1, H4, T1, T2 and D2 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).
  2. The application site lies within a rural location outside of the defined settlement boundary of Cold Norton, where policy restraints apply. The proposed development, with its associated garden land, parking area and domestic paraphernalia, is highly visible at the street scene and within the open countryside. The change would result in the over intensification of a domestic urban nature and would result in an incoherent approach to the intended design for the site. This would adversely impact on the intrinsic character and beauty of the open countryside and would cause harm to the character and appearance of the site's rural setting. The proposal is therefore contrary to Policies S1, S8, D1, N1 and N2 of the Maldon District Local Development Plan (2017) and the policies and guidance in the National Planning Policy Framework (2021).
  3. The retention of the existing dwelling to be demolished will result in the overlooking from the first-floor bedroom windows present at the rear elevation of this dwelling, to the first floor bedroom window present at the front elevation of the neighbouring dwelling located to the north. This will result in a loss of residential amenity and is contrary to Policy D1 of the Maldon District Local Development Plan (2017), Policy C04 of the Maldon District Design Guide (2017) and the policies and guidance in the National Planning Policy Framework (2021).
  4. 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 in the National Planning Policy Framework (2021).

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