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Planning appeal decision

Dismissed10 February 20233302475

The Kings Head Centre, 38 High Street, Maldon, CM9 5PN

Planning appeal 3302475 at The Kings Head Centre, 38 High Street, Maldon, CM9 5PN (Maldon District Council) was dismissed on 10 February 2023 by Inspector Gilbert-Wooldridge T, by written representations. The main issue, as the Inspector framed it: The effect of the development on the provision of employment uses and community facilities (Appeals A and B).

described on the application form as change of use from suite of treatment rooms to a 1 bedroom residential flat at part first floor level fronting White Horse Lane

Appeal type
other · Listed Building Consent & Conservation Area Consent Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Gilbert-Wooldridge T
Postcode
CM9 5PN

Main issues, as the Inspector framed them

  • The effect of the development on the provision of employment uses and community facilities (Appeals A and B)
  • The effect of the development and works on the special interest of the Grade II listed building known as Kings Head Hotel (Appeals B and C)
  • The effect of the development on the living conditions of future occupants of the development (Appeal B only)

What decided it

The failure to demonstrate that the loss of employment and community facilities was justified by adequate marketing evidence, combined with unresolved concerns about harm to the listed building's significance and future occupants' living conditions, meant the adverse impacts significantly and demonstrably outweighed the minor housing benefits.

The tilted balance under NPPF paragraph 11(d) was applied due to the Council's inability to demonstrate a five-year housing land supply; however, the adverse impacts of loss of employment and community facilities, uncertain harm to the listed building, and uncertain living conditions effects significantly and demonstrably outweighed the minor social, economic and housing supply benefits of a single one-bedroom flat.

What the Inspector cited

Development plan policies
Policy E1Policy E3Policy D3Policy D1Policy D2
National Planning Policy Framework
Paragraph 11Paragraph 82Paragraph 86Paragraph 119Paragraph 120Paragraph 130Paragraph 197Paragraph 199Paragraph 200

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 authority’s record since 2016 · every decision in 2023

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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.