The Emporium, 85-87 High Street, Maldon, Essex, CM9 5EP

Main issues, as the Inspector framed them

• whether the future occupiers of the proposal would have acceptable living conditions, with particular reference to the provision of external amenity space, privacy, noise and disturbance, and access to car parking spaces
• the effect of the proposal on servicing of the retail unit and highway safety
• the effect of the proposal on the character and appearance of the area, with due regard to the location of the site in the Maldon Conservation Area
• the effect of the proposal on the living conditions of occupiers of 91 High Street, with particular reference to outlook and privacy

What decided it

The failure to demonstrate that the proposal could ensure satisfactory living conditions to future occupiers, particularly regarding external amenity space and privacy, was a matter of fundamental importance that attracted very significant weight against the scheme and outweighed the housing supply benefits.

The policy conflicts and harm from the scheme, particularly the failure to provide acceptable living conditions and satisfactory servicing arrangements, significantly and demonstrably outweighed the moderate social benefits of housing delivery in a sustainable location when assessed against the Framework taken as a whole.