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Dismissed3 August 20213264609

The Tower, 112C High Street, Maldon, CM9 5ET

Planning appeal 3264609 at The Tower, 112C High Street, Maldon, CM9 5ET (Maldon District Council) was dismissed on 3 August 2021 by Inspector Kemmann-Lane T, by written representations. The main issue, as the Inspector framed it: The suitability of the appeal building for use as holiday accommodation or normal residential accommodation, bearing in mind the limited amount and quality of living space, the lack of external private amenity space, and that space for cycle and car parking cannot be provided.

conversion of games store to holiday accommodation without complying with a condition attached to planning permission Ref 18/00510/FUL, dated 19 June 2018

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Kemmann-Lane T
Postcode
CM9 5ET

Main issues, as the Inspector framed them

  • The suitability of the appeal building for use as holiday accommodation or normal residential accommodation, bearing in mind the limited amount and quality of living space, the lack of external private amenity space, and that space for cycle and car parking cannot be provided
  • Whether use as an ordinary dwelling would lead to car parking causing conditions of obstruction, congestion and danger to residents and other road users

What decided it

The building's very limited and poor quality floorspace, lack of private external amenity space, and unsuitability for permanent residential use, combined with the failure to justify the loss of protected holiday accommodation under policy E5.

The minimal shortfall in five-year housing land supply and the benefit of one small dwelling were outweighed by the building's unsuitability for permanent residential accommodation and the loss of protected tourism use without justification under policy E5.

What the Inspector cited

Development plan policies
Policy E5 – Tourism
National Planning Policy Framework
Paragraph 11

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.