Twelve planning applications in the Maldon District: Heybridge Wood tree felling approved, 281 new homes in Heybridge proposed, 17 homes in Tollesbury approved, and more

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

Applications received

1. Land east of Broad Street Green Road, Heybridge

Full planning application for a residential development of 281 dwellings, including affordable homes and bungalows, formation of new vehicular and pedestrian access, associated open space, parking and landscaping.

2. Land north of Heybridge Swifts Football Club, Scraley Road, Great Totham

Use of land as offsite biodiversity, landscaping and drainage areas in connection with adjacent proposed residential development.

3. Dilly's Maldon, 11 Market Hill, Maldon CM9 4PZ

Change of use of the upper two floor levels from Class E(a) (retail sale of goods) to Class C3 (Dwelling House).

4. Land opposite St Nicholas Village Hall, Witham Road, Tolleshunt Major

Change of use of land to car park for the use of St Nicholas Village Hall.

Applications approved

1. Heybridge Wood, Wood Lane, Heybridge

T1 Pine - Fell. T2 2x hornbeams - Fell. T3 Oak - Fell. T4 Hornbeam - Fell. T5 4x Blackthorns - Fell. T6 & T7 Oak - Fell. T8 Elder - Fell. T9 Stump to be cleared. T10 fallen Birch to be cleared. T11 unidentifiable & dead - Fell and leave butt on ground. T12 3x Oak - Fell. T13 Thorn - Fell. T14 unidentifiable & dead - Fell fallen stump. T15 - Fell thorn stem marked in orange. T16 - Fell leaning stem marked in orange. T17 - Fell 8 thorn stems marked in orange. T18 - Fell 3 dead standing stems marked in orange. T19 - Fell 5 thorn stems marked in orange. T20 Pine - Remove stem marked in orange. T21 Pine - Remove stem marked in orange. T22 2x Pine - Fell. T23 Pine - Fell 2 stems marked in orange. T24 - Fell dead stem marked in orange. T25 Pine - Fell stem marked in orange. T26 - Fell 2 dead stems marked in orange. T27 Pine - Fell stems marked in orange. T29 Birch - Fell. T30 Pine - Fell stem marked in orange. T32 Pine - Fell stems marked up in orange. T33 Hazel - Fell. T34 Oak - Fell. T35 Chestnut - Fell. T36 Oak - Fell low branching lateral marked in orange. T37 group of Sycamore marked with orange paint - Fell. T38 - Remove camp and fell Sycamores marked in orange.

Condition 3 states: "The tree(s) to be felled shall be replaced by a tree or trees, in accordance with details that shall be submitted to and approved in writing by the local planning authority prior to the felling of the tree(s)."

2. The Go-Ahead Group Plc, 62 New Road, Tollesbury CM9 8RE

Proposed development of 17 one, two, and three-bedroom dwellings including access, landscaping and associated works.

3. Proposed outbuilding, south side of Plains Road, Great Totham

Proposed stables, tack room and feed and machinery store building.

4. 514 Moorhen Avenue, St Lawrence CM0 7LU

Replacement dwelling with associated amenity and parking.

5. Tollesbury Sailing Club, Woodrolfe Road, Tollesbury CM9 8SE

Removal of existing asbestos roofing and replacing with colour coated 100mm thick insulated roofing panels in slate grey.

Applications refused

1. Hyside Motorcycles, Unit 9, Wycke Hill Business Park, Maldon CM9 6UZ

Retrospective part change of use for Class E(b) - sale of food and drink for consumption (mostly) on the premises in addition to existing use classes A1, B1, B2, B8 and sui generis.

Reasons for refusal:

The café is not directly related to, or ancillary to, the motorcycle business, and it is considered that there are more appropriate uses that would support the business in this way. The café also does not provide an essential function to the wider employment area as a whole. Furthermore, by virtue of the extensive advertising of the two separate businesses, and apparent separate seating area at the frontage, it is also considered that the Café materially changes the use of the site, which is categorised as an area for Class B Uses as specified and Sui Generis Uses of an employment nature. The principle of development has been found to be unacceptable. The proposal is not considered to be appropriate in the context of Policies S1 and E1 of the Maldon District Local Development Plan (2017) and the policies and guidance contained in the National Planning Policy Framework (2021).
The commercial paraphernalia associated with the Café, particularly when events are held, appears at odds with the employment use of the business park. The signage at the gateway to the business park and advertisements / signage within the site, plus the outdoor seating, are highly visible from the private road, within the public realm. The proposal does not respect and enhance the character and local context and does not contribute positively towards the public realm around the development. It is therefore considered that the proposal fails to satisfy Policy D1 of the Maldon District Local Development Plan (2017), and the policies and guidance contained in the National Planning Policy Framework (2017).
The noise report (Create Consulting Engineers, June 2023) is insufficient as the impact of the live music events on neighbouring residential amenity have not been accurately assessed. Furthermore, the mitigation measures set out in the report do not prevent the intermittent disturbance on a regular basis from leisure motorcyclists or visitors to the café arriving and leaving the car park creating noise. The proposal would therefore have an adverse impact on the residential amenity of nearby residents and would be contrary to Policy D1 of the Maldon District Local Development Plan (2017) and the policies and guidance contained in the National Planning Policy Framework (2021).

2. Kismet Kebabs Limited adjacent Milton House, Maldon Road, Latchingdon CM3 6LF

Variation of conditions 2 (external plant or machinery), 11 (Biodiversity Enhancement Strategy), 13 ('short-term' noise mitigation measures), 14 ('long-term' noise mitigation measures), 17 (long-term maintenance plan in relation to noise and odour), 18 (Best Practical Means (BPM) for the control of noise and odour) and 22 (replacement for extractor unit G1) of planning permission 21/01177/FUL (S73A application for ancillary storage (building A), gym/workshop for the site owners (building B), detached factory building (building C), building for demonstrations (building D), single storey front and rear extensions to factory (building E), maintenance and storage building (building E2), covered storage area (building F), sales and staff office, containers for product storage, cladding to existing buildings, entrance gates and fencing, hardstanding for parking and turning, and associated plant and landscaping.) to provide an extended period to submit details required.

Reason for refusal:

The details submitted as required by conditions 13, 14 and 18 are not acceptable as it has not been demonstrated that these and the proposals the subject of this application would adequately protect the amenities of neighbouring properties, contrary to Policies D1 and D2 of the approved Maldon District Local Development Plan and the NPPF.

3. Highfields, Bassetts Lane, Woodham Walter CM3 4BZ

Prior notification for the change of use of an agricultural building to one dwellinghouse (Use Class C3) and for associated operational development.

Reason for refusal:

The proposed development does not benefit from "Permitted Development" under Class Q of Part 3 to Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) as it fails the tests laid out in Q.1. (i) (a) as insufficient information has been provided to allow the Local Planning Authority to confirm that the site was not used solely for an agricultural use as part of an established agricultural unit on 20th March 2013, or when it was last in use. Furthermore, insufficient information has also been provided to allow the Local Planning Authority to confirm the suitability of the building and whether any building operations proposed would be reasonably necessary and allowed by Paragraph Q.1. (i) (i). The site area edged in red on drawing no. 23.7819/P201A Rev A cannot be considered to be immediately beside or around the agricultural building and cannot be defined as the "curtilage." The proposal therefore fails Paragraph "X" of Part 3.

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