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Planning appeal decision

Dismissed10 February 20233302504

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

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

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.

Framework references: 11, 82, 86, 119, 120, 130, 197, 199, 200

Plan policies cited: Policy E1, Policy E3, Policy D3, Policy D1, Policy D2

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.