®Planning appeal decision
The Kings Head Centre, 38 High Street, Maldon, CM9 5PN
Planning appeal 3302504 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
- Authority
- Maldon District Council
- Appeal type
- minor · Planning 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 engaged due to the Council's inability to demonstrate a five-year housing land supply, but the significant adverse impacts on employment and community provision, heritage significance, and living conditions substantially outweighed the minor benefits of delivering 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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
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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.