Planning in Maldon

Community Services and Facilities

The Council will seek to retain and enhance the provision of community services and facilities within the District, particularly where they are essential to the local community. New development proposals in the District will be expected to contribute towards the provision of community facilities where an increased need will arise in the local area as a result of the development, subject to the legal tests (currently set out in Regulation 122 of the Community Infrastructure Levy Regulations 2010) and subject to the proviso that no obligation or policy burden shall threaten the viability of the development. Where a proposal will result in the loss of community services or facilities, an application will be required to demonstrate to the Council's satisfaction that: 1) The existing business/service is not and cannot be made viable; and 2) Effective marketing has been undertaken to demonstrate that there is no viable and appropriate alternative community service based use. Development proposals and other measures which will help to improve the provision of, and accessibility to, community services and facilities in a local area will be encouraged, including the relocation, co-location, modernisation and expansion of existing services. To encourage the retention of community services and facilities where appropriate in the District, the Council will maintain a register of assets of community value and will support community groups seeking to buy community assets through the Community Right to Bid.

Health and Wellbeing

The Council will aim to improve the District's health and wellbeing by: 1) Addressing health issues identified in the Maldon HNA and other plans and initiatives produced by Essex Public Health, NHS England, the Mid Essex Clinical Commissioning Group, Essex Health & Wellbeing Board or any associated or successor bodies, to deliver modern healthcare which meets the needs of the District; 2) Maximising accessibility to services, particularly for vulnerable groups, through better service integration and locating new services where access can be improved; 3) Promoting suitable types of residential developments which cater for the ageing population and support healthy and independent lives; and 4) Ensuring increased access to the District's green spaces and opportunities for higher levels of physical activities. All residential development of 50 dwellings or more, and any Class C developments comprising residential, nursing and care home developments will be required to undertake a Health Impact Assessment that measures wider impact upon healthy living and the demands that are placed upon the capacity of health services and facilities arising from the development. Where significant impacts are identified, planning permission will be refused unless measures to meet the health service requirements of the development are provided and / or secured by planning obligations, or by CIL, as appropriate. The Council will work with the NHS and other delivery bodies to ensure that the future health needs of the District are comprehensively addressed. New developments will be required to support the provision of new or improved facilities for health and social care. The Council will resist the loss of existing health facilities, including St Peter's Hospital in Maldon, unless appropriate new provision has been secured that meets the long term health needs of the District. If it is considered necessary as a result of future strategy development by the NHS and other delivery bodies, a focused review of the Local Development Plan will be undertaken to ensure the health needs of the District are met.

Design Quality and Built Environment

All development must: 1) Respect and enhance the character and local context and make a positive contribution in terms of:- a) Architectural style, use of materials, detailed design features and construction methods. Innovative design and construction solutions will be considered where appropriate; b) Height, size, scale, form, massing and proportion; c) Landscape setting, townscape setting and skylines; d) Layout, orientation, and density; e) Historic environment particularly in relation to designated and non-designated heritage assets; f) Natural environment particularly in relation to designated and non-designated sites of biodiversity / geodiversity value; and g) Energy and resource efficiency. 2) Provide sufficient and usable private and public amenity spaces, green infrastructure and public open spaces; 3) Contribute positively towards the public realm and public spaces around the development; 4) Protect the amenity of surrounding areas taking into account privacy, overlooking, outlook, noise, smell, light, visual impact, pollution, daylight and sunlight; 5) Include safe and secure vehicle and cycle parking having regard to the Council's adopted parking standards; 6) Maximise connectivity within the development and to the surrounding areas including the provision of high quality and safe pedestrian, cycle and, where appropriate, horse riding routes; 7) Maximise opportunities for sport and physical activity; 8) Contribute to and enhance local distinctiveness; 9) Incorporate design measures to reduce social exclusion, the risk of crime, and the fear of crime; and 10) Encourage inclusive design and effective use of internal and external space. In addition, all developments must also demonstrate that they have regard to the design principles set out in the emerging 'Maldon District Design Guide SPD' and any other relevant local development documents.

Advertisements

All proposals for the display of advertisements will have to comply with relevant national legislation and guidance. Where advertisement consent is required, such consent will be permitted if the proposals respect the interests of public safety and amenity, subject to the following criteria: 1) The design, materials and location of the advertisement respects the scale and character of the building in which it is situated, the surrounding areas, and other advertisements within the area; 2) Any proposals will not result in a cluttered street scene, excessive signage, or proliferation of signs advertising a single site or enterprise; 3) Consent for signs to be illuminated will be considered in relation to impact on visual amenity, potential light pollution and road safety. Internally illuminated signs will not be permitted where the use and design of illuminated signage would cause harm to the special character and appearance of listed buildings and conservation areas; 4) Where an advertisement is situated in a location remote from the business being advertised, permission will only be granted where it is demonstrated that there is no unacceptable harm to the amenity of the area.

Place Shaping

The Garden Suburbs and Strategic Allocations at Maldon, Heybridge and Burnham-on-Crouch will be planned as high quality, vibrant and distinctive neighbourhoods that will complement and enhance the character of the District and protect and enhance the environmental qualities of the surrounding area. Development proposals for the Garden Suburbs and Strategic Allocations must incorporate the following principles: 1) A comprehensive and well planned approach that provides homes, jobs, and community facilities; 2) Places where people want to live and interact through active citizenship, civic amenity and a vibrant urban life; 3) A strong landscaped character that incorporates well managed open space, tree-lined streets and other landscaping and natural areas for amenity and wildlife habitat and to address the effects of climate change; 4) The historic environment is instrumental in establishing landscape and built character and providing a sense of place and identity, and this should be recognised through the protection, management and enhancement of heritage assets; 5) There will be a clear and harmonious relationship between town and country; 6) High quality and detailed architecture that is characterful, innovative and adaptable; 7) The local centres will act as the community focus within the Garden Suburbs, with a mix of businesses and community uses that are well served by public transport and connected to the town centre by safe walking and cycling routes; 8) There will be a network of safe and usable paths and streets for pedestrians, cyclists, horse riders and vehicles. This network should prioritise accessibility to open spaces, education and health facilities; 9) Fully integrated with the surrounding communities through shared community uses, and a variety of transport modes including walking, cycling and public transport; 10) Provide for the requirements of site service and communication infrastructure, in particular high speed broadband, with minimal disruption and need for reconstruction and allow for future growth in service infrastructure; and 11) Provide dwellings which meet the District's housing needs for an older population, as identified and required by the Council. A masterplan for the each of the Garden Suburbs at Maldon and Heybridge will be prepared and developed, in partnership between the Council, relevant stakeholders, infrastructure providers and developer / landowners for illustrative purposes and as a guide for developers.

Employment

The Council will encourage employment generating developments and investment in the District to support the long term growth vision outlined in the Council's Economic Prosperity Strategy (EPS). A minimum of 2,000 net additional jobs will be created in the District by 2029. This will be achieved through the regeneration, modernisation and expansion of existing employment sites, and through the provision for new employment sites at the strategic allocations and South Maldon Garden Suburbs and other high quality and sustainable locations, including town centres, education and health facilities and with regard to other policies in this Plan. Allocating additional employment sites at high quality and accessible locations will provide increased choice and competition for the market. It will also ensure long term flexibility for the plan period. Existing Employment Use The areas indicated below and defined on the Policies Map will be reserved for employment development. Planning applications for development will only be permitted for employment purposes if they accord with the use class specified. Ref. | Site | Appropriate Use | Size (ha) E1(a) | Beckingham Business Park, Tolleshunt Major | B1, B2, B8 | 6.44 E1(b) | Burnham Business Park, Burnham-on-Crouch | B1, B2, B8 | 4.36 E1(c) | Hall Road Industrial Estate, Southminster | B1, B2, B8 | 0.65 E1(d) | Hallmark Industrial Estate, Southminster | B1, B2, B8 | 1.72 E1(e) | Langford Waterworks, Langford | B1, B2, B8 | 2.07 E1(f) | Mapledean Industrial Estate, Latchingdon | B1, B2, B8 | 2.06 E1(g) | Mayfair Industrial Area, Latchingdon | B1, B2, B8 | 1.84 E1(h) | Mayland Industrial Estate, Mayland | B1, B2 | 1.54 E1(i) | Oval Park, Langford | B1, B2 | 11.75 E1(j) | Springfield Industrial Estate, Burnham-on-Crouch | B1, B2, B8 | 4.28 E1(k) | Station Approach Industrial Area, Burnham-on-Crouch | B1, B2 | 1.87 E1(l) | The Causeway, Maldon and Heybridge | B1, B2, B8 | 43.6 E1(m) | West Station Yard Industrial Estate, Maldon | B1, B2 | 3.88 E1(n) | Woodrolfe Road, Tollesbury | B1, B2, B8 | 4.12 E1(o) | Wycke Hill Business Park, Maldon | B1, B2, B8 | 4.03 Total | | | 94.21 In principle, designated employment areas will be retained and protected for Class B Uses as specified and Sui Generis Uses of an employment nature unless it can be demonstrated that there is no reasonable prospect for the site to be used for these purposes. New proposals for employment uses will generally be directed to the designated employment areas prior to considering other sites within the District. Complementary and supporting uses may be considered acceptable where they serve an essential ancillary function to the employment area and will not result in a material change of the area's Class B character and function. Proposals to develop vacant employment sites and buildings, or to modernise or redevelop existing employment sites and buildings will be viewed favourably, especially where this supports the retention of existing businesses and/or provides employment space that meets the current needs of local businesses in the District. The Council will support improvements to the quality of all employment sites and will work with partners to maintain their viability by encouraging the provision of adequate infrastructure and supporting facilities. Proposals which will cause any loss of existing employment uses, whether the sites are designated or undesignated, will only be considered if: 1) The present use and activity on site significantly harms the character and amenity of the adjacent area; or 2) The site would have a greater benefit to the local community if an alternative use were permitted; or 3) The site has been marketed effectively at a rate which is comparable to local market value for its existing use, or as redevelopment opportunity for other Class B Uses or Sui Generis Uses of an employment nature, and it can be demonstrated that the continuous use of the site for employment purposes is no longer viable, taking into account the site's existing and potential long-term market demand for an employment use. Where appropriate and viable, proposals which will result in loss of significant employment space will be expected to provide mitigation measures in the form of contributions to local employment training and small business growth programmes supported by the Council. New Employment Space The areas indicated below and defined on the Policies Map are allocated for employment development. Planning applications for development will only be permitted for employment purposes if they accord with the use class specified. Ref. | Site | Appropriate Use | Size E1(p) | Extension to the Burnham Business Park, Burnham-on-Crouch | B1, B2, B8 | 3.4 ha E1(q) | Wycke Hill (north), Maldon | B1, B2 | 0.5 ha E1(r) | Wycke Hill (south), Maldon | B1, B2, B8 | 4.5 ha E1(s) | Commodity Centre, Great Braxted | B1, B2, B8 | 1.2 ha E1(t) | Extension to the Great Hayes Business Centre, Stow Maries | B1, B2, B8 | 1.8 ha Total | | | Circa 11.4 ha * Detailed allocation to be determined as part of the masterplan The Council will support and encourage the development of better quality and flexible local employment space to meet the employment target including live work accommodation in both urban and rural areas in accordance with other policies in this Plan. All new employment space should seek to meet the needs of local businesses and attract inward investment. Additional employment land is allocated within the Strategic Allocations and Garden Suburbs as set out in Policies S4 and S6. Outside the designated employment allocations, new provision for high quality employment space or the expansion of existing employment areas will be considered favourably subject to design, environment and infrastructure considerations. Mixed Use Proposals Mixed-use development on existing employment land and premises will only be considered appropriate where it includes a substantive Class B employment element that will support economic growth within the District. Subject to viability and deliverability, the Class B employment element proposed will need to be delivered alongside or in advance of any proposed non-employment uses. Mixed-use redevelopment will not be considered acceptable in employment areas where it will detrimentally impact upon the quality of the site for employment uses.

Employment

The Council will encourage employment generating developments and investment in the District to support the long term growth vision outlined in the Council's Economic Prosperity Strategy (EPS). A minimum of 2,000 net additional jobs will be created in the District by 2029. This will be achieved through the regeneration, modernisation and expansion of existing employment sites, and through the provision for new employment

Agricultural and Rural Diversification

The Council will support the development of new buildings or activities associated with agriculture and other land-based rural businesses where: 1) There is a justifiable and functional need for the building/activity; 2) The function of the proposed building/activity is directly linked, and ancillary to, the existing use; and 3) The building / activity could not reasonably be located in existing towns, villages or allocated employment areas. The Council will support the change of use of existing rural buildings to other employment generation uses if it can be demonstrated that: a) There is a justifiable and functional need for the proposal; b) It will contribute to the viability of the agricultural business as a whole; c) Any development respects the building's historic or architectural significance; d) Any development will not negatively impact upon wildlife and the natural environment; e) No storage of raw materials or finished goods is to take place outside the building if it would be detrimental to the visual amenity of the area; and f) The use of the building would not lead to dispersal of activity on such a scale as to prejudice the vitality and viability of existing businesses in nearby towns and villages.

Skills, Training and Education

The Council will work with its partners to support the provision and enhancement of training and educational facilities and opportunities in the District to meet the needs of the community, local businesses and the local economy. In particular the Council will: 1) Where viable, encourage developments that would result in the loss of existing employment land, jobs or training and education facilities, to contribute towards the delivery of additional local employment and vocational training initiatives as identified in the Council's EPS; and 2) Support a range of programmes and initiatives and identify funding requirements accordingly.

Prosperous Rural Communities

The Council will actively seek to support and facilitate sustainable economic development within the villages through: 1) The promotion of information and communication technologies to support changing and flexible working practices, home based businesses and access to digital retail markets and community services; 2) The provision of live-work units and small and micro business space; 3) The retention of key employment and retail designations in accordance with policies E1 and E2; 4) The support and enhancement of rural diversification, tourism, leisure opportunities and green infrastructure in accordance with policies E4, E5, N1, N2 and N3; and 5) The consideration of Rural Exception Schemes for affordable housing in accordance with policy H5. Each parish and town council will be invited to work with the Council through the preparation of Neighbourhood Plans to identify appropriate land to meet the needs for their area in accordance with the principles of sustainable development set out within the LDP and the following principles: a) Allocations will be of a scale that reflects the size and character of the village concerned, its position within the settlement hierarchy, its level of service provision, and availability of, or potential for, sustainable transport choices; b) Allocations must be acceptable within the infrastructure capacity of the settlement concerned, or should be of a sufficient scale to enable the delivery of strategic infrastructure projects required to support future growth of the District; c) Allocations will protect and, where possible, enhance the historic environment, character and settlement distinctiveness; d) Allocations will contribute towards meeting the District's housing need for the older population; and e) Allocations will contribute towards meeting the District's affordable housing need; f) Allocations should aim to protect and enhance the natural environment, biodiversity and green infrastructure network.

Climate Change & Environmental Impact of New Development

All development must minimise its impact on the environment by incorporating the following principles: 1) All non-residential development should achieve a minimum of BREEAM 'Very Good' rating or be supported by a bespoke assessment that demonstrates appropriate environmental performance results above current Building Regulation requirements; 2) Development should seek to maximise the use of building materials from sustainable sources and apply sustainable construction methods where appropriate; 3) Incorporating recycling facilities having regard to the Council's adopted waste strategy and current or planned waste collection methods; 4) Development will contribute towards making more efficient use or re-use of existing resources and reducing the lifecycle impact of materials used in construction. The Council may require large scale development proposals to be supported by a Site Waste Management Plan; 5) Green infrastructure should be incorporated as a way of adapting and mitigating for climate change through the management and enhancement of existing habitats and the creation of new ones to assist with species migration, to provide shade during higher temperatures and for flood mitigation. Negative impacts on ecology, landscape and green infrastructure should be minimised. 6) Minimising all forms of possible pollution including air, land, water, odour, noise and light. Any detrimental impacts and potential risks to the human and natural environment will need to be adequately addressed by appropriate avoidance, alleviation and mitigation measures; 7) Where appropriate, development will include measures t

Renewable and Low Carbon Energy Generation

In principle, support will be given for the delivery of large-scale renewable and low carbon energy projects, excluding wind energy, provided adverse social, economic and environmental impacts have been minimised to an acceptable level. Suitable areas for wind energy development may be identified through the preparation of Neighbourhood Plans and proposals for wind energy development will be determined in accordance with national planning policy and practice guidance. Development proposals will be approved where it can be demonstrated, to the Council's satisfaction, that the development will not have an adverse impact, either individually or cumulatively, on the following: 1) The purpose or function of internationally, nationally or locally designated sites of protected wildlife or landscape areas; 2) Heritage assets and the setting of heritage assets within the landscape; 3) Landscape and the character of the undeveloped coast and areas, which by nature of their topography, are sensitive to development; 4) Neighbouring amenity, in respect to visual impact, flicker, vibration, glare, overshadowing, active or background noise levels and any other emissions; 5) The safety of public footpaths, bridleways, highways, avian wildlife and aviation; 6) Telecommunications including those used by the police and emergency services and navigational equipment; and 7) The best and most versatile agricultural land. Proposals must have full consideration of individual impact or cumulative impact where there are more than one existing or proposed renewable energy projects. The Council will strongly support the principle of the development of a new nuclear power station at Bradwell-on-Sea.

Open Space, Sport and Leisure

Proposals for development on open space (including district parks, local parks, children's play areas, cycle ways, bridleways, footpaths and allotments), sports and recreational buildings and land, including playing fields, will not be allowed unless: 1) Through an assessment there is clear evidence that the open space, buildings or land are surplus to requirements to meet local needs; or 2) The resulting loss would be replaced by new open space, buildings or land of equivalent or better provision in terms of quantity and quality and in a suitable location accessible by the local community; or 3) The development is for alternative sports and recreational provision and the need for that provision clearly outweighs the loss of open space, buildings or land. These provisions will apply to all open spaces identified on the Policies Map and any other open spaces which exist or are newly created. In principle, development must contribute towards improving the provision, quality and / or accessibility of local and strategic open space, sports, and associated community and leisure facilities. Appropriate contribution or direct provision should be provided at the most suitable and accessible locations, taking into account the Council's Green Infrastructure Study (or any successor document), Sports and Physical Activity Plan or other relevant strategies adopted by the Council. As a minimum, development should not increase existing deficiencies of open space, sports and leisure facilities in the locality. The requirement for new open space, buildings or sports infrastructure associated with developments will be subject to the legal tests (currently set out in Regulation 122 of the Community Infrastructure Levy Regulations 2010) and subject to the proviso that no obligation or policy burden shall threaten the viability of the development. Development that would result in the loss of, or negatively impact upon, any public rights of way or any space / facility contributing towards the integrity of the green infrastructure network, will not normally be supported

Flood Risk and Coastal Management

The Council's approach is to direct strategic growth towards lower flood risk areas, such as Flood Zone 1 as identified by the Environment Agency. To minimise the risk of flooding, all development must: 1) not increase flood risk (including fluvial, surface and coastal) on site and elsewhere; 2) be located in areas where the use is compatible with national planning policy; 3) demonstrate that the Sequential Test and, where necessary, Exception Test has been satisfactorily undertaken in accordance with national planning policy; and 4) demonstrate how it will maximise opportunities to reduce the causes and impacts of flooding (including fluvial, surface and coastal) through appropriate measures such as Sustainable Drainage Systems (SuDS), flood resilient design, safe access and egress, incorporating identified flood response plans, as well as making best use of appropriate green infrastructure as part of the flood mitigation measures. Development should also have regard to the aims and objectives of other relevant strategies including the Maldon and Heybridge Surface Water Management Plan, the Shoreline Management Plan, the Catchment Flood Management Plans, any strategies adopted by the Marine Management Organisation and any other approved national and local SuDS standards.

Green Infrastructure Network

A strategic multi-functional network of green infrastructure will be identified, managed and where possible, enhanced. Open spaces and areas of significant biodiversity or historic interest will be protected. Development which results in the creation, restoration, enhancement, expansion and interconnection of these sites will be encouraged. There will be a presumption against any development which may lead to the loss, degradation, fragmentation and / or isolation of existing or proposed green infrastructure. Where there is no adverse impact or the adverse impact can be mitigated without loss in value, development proposals which promote the use and enjoyment of the natural environment will be encouraged. To preserve and enhance a multi-functional green infrastructure network, including green infrastructure identified in this Plan and any other new green infrastructure, all development should: 1) Maximise opportunities for the restoration, enhancement and connection of the District's green infrastructure network throughout the lifetime of the development, both on-site and for the wider community; 2) Maximise opportunities to integrate green infrastructure with other types of land uses and/or design measures to maximise the collective social, economic and environmental benefits; 3) Seek to meet local standards and address any deficiencies as identified in the Maldon District Green Infrastructure Study and future strategies adopted by the Council; and 4) Where appropriate, be accompanied by a viable, long term management plan to the Council's satisfaction. The requirement for new green infrastructure associated with developments will be subject to the legal tests (currently set out in Regulation 122 of the Community Infrastructure Levy Regulations 2010) and subject to the proviso that no obligation or policy burden shall threaten the viability of the development.

Natural Environment, Geodiversity and Biodiversity

Development proposals which help to improve the condition of existing international, national or local designations will be encouraged. All development should seek to deliver net biodiversity and geodiversity gain where possible. Any development which could have an adverse effect on sites with designated features, priority habitats and / or protected or priority species, either individually or cumulatively, will require an assessment as required by the relevant legislation or national planning guidance. Where any potential adverse effects to the conservation value or biodiversity value of designated sites are identified, the proposal will not normally be permitted. Mitigation Measures In exceptional circumstances where the loss of designated sites is demonstrated to be unavoidable, developers will be required to provide 'like for like' replacement, relocation and / or compensation towards the loss of habitats and be able to demonstrate that such measures are at least of an equal value to the loss on a site by site basis. Any compensatory habitat created should be ecologically functional in advance of the loss. If any protected species and / or priority habitats / species or significant local wildlife are found on site, or their habitat may be affected by the proposed development, the proposal must make provision to mitigate any negative biodiversity impacts it may create. Where the creation or relocation of habitat is required as part of the mitigation measures, the Council will have to be satisfied that: 1) There is no net loss of habitats in terms of quantity, quality and connectivity to the local ecological network; and 2) Any new or replacement habitat is delivered as close as possible to the development site in order to maintain a viable population locally and to avoid incremental and accumulative impact on local ecology. Biodiversity by design Wherever possible, all development proposals should incorporate ecologically sensitive design and features. Where appropriate, development proposals near any watercourses or water bodies should provide a sufficient buffer which will be beneficial from the perspective of minimising the encroachment of development, providing ecological enhancements, and preventing pollution.

Countryside Development

The countryside will be protected for its landscape, natural resources and ecological value as well as its intrinsic character and beauty. Outside of the defined settlement boundaries, the Garden Suburbs and the Strategic Allocations, planning permission for development will only be granted where the intrinsic character and beauty of the countryside is not adversely impacted upon and provided it is for either: a) Additional development as identified in adopted neighbourhood plans (in accordance with Policies S1 and S7); b) Employment generating proposals (in accordance with Policy E1); c) Community services and facilities to meet local need (in accordance with Policy E3); d) Agriculture and forestry and related development (in accordance with Policy E4); e) The re-use of a redundant or disused building that would lead to an enhancement to the immediate setting (in accordance with Policies E4 and D3); f) Rural diversification, recreation and tourism (including equestrian and related activities) proposals (in accordance with Policies E4 and E5); g) Agricultural and essential workers' accommodation (in accordance with Policy H7); h) Rural exception sites for affordable housing (in accordance with Policy H5); i) Travellers and Travelling Showpeople accommodation (in accordance with Policy H6); j) Green infrastructure, open space and sports facilities (in accordance with Policies N1, N2 and N3); k) Utility and highway infrastructure (in accordance with Policies D4, T1, T2, I1 and I2); l) Mixed use development proposals that enable the delivery of a new Community Hospital or a similar healthcare facility (in accordance with Policy I2); and m) Other development proposals that are in compliance with policies within the LDP, neighbourhood plans and other local planning guidance.

Conservation and Heritage Assets

Heritage Assets Development proposals that affect a heritage asset (whether designated or non-designated) and / or its setting will be required to: 1) Preserve or enhance its special character, appearance, setting – including its streetscape and landscape value - and any features and fabric of architectural or historic interest; 2) Be supported by a Heritage Statement which describes the asset's significance in sufficient detail to understand the potential impact of the proposal upon the significance of the heritage asset through the proposed work to it and / of its setting. Development proposals which affect a heritage asset will also have to be in accordance with respective national policies and guidance in the National Planning Policy Framework. When considering the impact of a proposed development on the significance of a designated heritage asset, the Council will give great weight to the asset's conservation. Any harm or loss will require clear and convincing justification. Where a proposed development would lead to substantial harm to or total loss of significance of a designated heritage asset, it will be refused unless it can be demonstrated that the substantial harm or loss is necessary to achieve substantial public benefits that outweigh that harm or loss, or all of the following apply: the nature of the heritage asset prevents all reasonable use of the site; no viable use of the heritage asset itself can be found in the medium term through appropriate marketing that will enable its conservation; conservation by grand-funding or some form of charitable or public ownership is demonstrably not possible; and the harm or loss is outweighed by the benefit of bringing the site back into use. Where a proposed development would cause less than substantial harm to the significance of a designated heritage asset, this harm will be weighed against the public benefits of the proposal, including securing its optimum viable use. Enabling Development Enabling development which would otherwise conflict with policies in this plan, but which secures the conservation of a heritage assets, will only be allowed where the benefits of the proposal outweigh the dis-benefits of the departure from the policies in this Plan. Archaeology Where development might affect geological deposits, archaeology or standing archaeology, an assessment from an appropriate specialist source should be carried out. This assessment must include consultation of the Historic Environment Record. The assessment should be carried out during an early stage of the planning process to identify the likely impact on known or potential heritage assets and assess their significance. The assessment will also provide the basis for potential mitigation strategies, including excavation, in situ preservation, and recording.

Traveller Sites

1. The Council will consider proposals for new traveller sites on previously developed land; or other land within or adjacent to existing settlements; or other suitable sites, where it can be demonstrated: a) That the site is or could be made available for that use; and b) Whether the site could provide additional provision through appropriate expansion; or c) Whether the site is within existing development boundaries or strategic growth areas; or d) If the site is located elsewhere in the District, whether it would form sustainable development. 3. The Council will consider applications for planning permission against the other relevant policies in this Plan, and will require sites to be: a) appropriate in scale to the nearest settlement or dwelling(s) and do not dominate them, having regard to factors such as the scale and form of existing Travellers' pitches in the locality, and the availability of infrastructure, services and facilities; b) well related to the existing built-up area, where relevant; capable of having access to essential services; and allow convenient access, preferably by pedestrian, cycle or public transport, as well as by private car, to key facilities; c) located away from areas at risk of flooding. Proposals for sites in locations other than Flood Zone 1 will be expected to demonstrate a sequential approach to site selection and be justified by a Flood Risk Assessment (FRA). Due to the highly vulnerable nature of caravans and mobile homes, sites in Flood Zone 3 will not be supported; d) accessed safely by vehicles from the public highway; e) of sufficient size to provide amenities and facilities for the planned number of caravans; including parking spaces, areas for turning and servicing of vehicles, amenity blocks, play and residential amenity areas, access roads and temporary visitor areas; f) located, designed and landscaped to avoid unacceptable harm to the character of the local area and the living conditions of local residents; g) large enough for the storage and maintenance of rides and equipment, in the case of Travelling Showpeople.

Agricultural and Essential Workers' Accommodation

Permanent or temporary accommodation in the countryside related to and located in the immediate vicinity of a rural enterprise, will only be permitted where: 1) Evidence has been submitted to the satisfaction of the Council that there is an existing agricultural, forestry, fishery or other commercial equine business-related functional need for a full-time worker in that location; 2) There are no suitable alternative dwellings available, or which could be made available in the area to serve the identified functional need; 3) It can be demonstrated that the enterprise is, or will be in the case of new businesses, a viable business with secure future prospects; 4) The size and nature of the proposed structure is commensurate with the needs of the enterprise concerned; and 5) The development is not intrusive to the countryside, is designed to minimise adverse impact upon the character and appearance of the area, and is acceptable when considered against other planning requirements. In addition to the above requirements, where on-site accommodation is essential to support a new agricultural or forestry or other rural business-related enterprise, permission will only be granted in the first instance for a temporary structure which can easily be removed within three years of the date of planning consent. Any further proposals following this period will be considered using the criteria above. All planning permission in relation to agricultural and essential workers' accommodation will be subject to an appropriate occupancy condition.

Provision for Houseboats

Planning permission for houseboats and associated activities may be considered appropriate if it can be demonstrated that: 1) The proposal does not have a significantly detrimental impact on the surrounding area in terms of pollution, biodiversity value, character and appearance; 2) The proposal is within or adjacent to settlement boundaries; and 3) The proposal does not conflict with activity, privacy and amenity of neighbouring uses. Where planning permission is granted for the mooring of houseboats, the Council will require the applicant to enter into a legal agreement for the removal and disposal of any vessel so moored if it subsequently sinks, or becomes unfit for habitation, derelict or is otherwise abandoned. Any proposal for the replacement of houseboats will have to comply with the above requirements.

Affordable Housing

All housing developments of more than 10 units or 1,000 sqm will be expected to contribute towards affordable housing provision to meet the identified need in the locality and address the Council's strategic objectives on affordable housing. The affordable housing requirements for each sub-area in the District are as follows: Sub-area requirements North Heybridge Garden Suburb: North of Heybridge - S2(d) 30% North of Holloway Road - S2(e) 40% West of Broad Street Green Road - S2(f) 40% South Maldon Garden Suburb 30% Strategic Allocations at Maldon, Heybridge and Burnham-on-Crouch 40% All other developments: Northern Rural, Maldon Central and South and Rural South* 40% Maldon North and Rural South East Higher 30% Rural South East Lower 25% *As indicated in FIGURE 7 Any relaxation of the above requirements will only be considered where the Council is satisfied, on a site by site basis, that such requirement will render any development proposals unviable. Affordable housing should be provided on-site, either through free serviced land provided to a registered provider or constructed affordable dwellings to be sold to a registered provider upon completion to provide the number, size, type and tenure of affordable homes required by the Council's policies having regard to the SHMA, the Council's adopted Affordable Housing Guide, and the Council's Housing Strategy. In exceptional circumstances the Council may consider accepting financial contribution from the developer where it is justified that affordable housing cannot be delivered on-site, or that the District's need for affordable housing can be better satisfied through this route. Commuted sums will also be charged for an incomplete number of affordable units provided on site. The development of any affordable housing and the calculation of any financial contributions should be in conformity with the details set out in the Maldon District Strategic Housing SPD.

Housing Mix

All developments will be expected to provide a suitable mix and range of housing in terms of size, type and tenure to reflect local housing need and demand in both the market and affordable sector, particularly the need for an ageing population. Wherever possible affordable housing should be located in a way that ensures the homes are integrated with the rest of the development; in most cases this will mean in clusters of no more than 15 to 25 homes in one part of a development. The design and appearance of affordable housing should also be indistinguishable from those built for the open market, meet standards detailed in the Maldon District Strategic Housing SPD, and be of a tenure recognised by the National Planning Policy Framework. Where appropriate, the Council will work with developers, registered providers, landowners and relevant individuals (or groups of individuals) to address identified local need for Self Build housing. Any relaxation of the above requirements will only be considered where the Council is satisfied, on a site by site basis, that such requirements will render any development proposals unviable.

Accommodation for 'Specialist' Needs

The Council will support and enable the provision of housing to meet specialised needs in the District where this is consistent with the Council's current strategic requirements. Proposals for specialist needs housing such as homes for older people, people with disabilities, or homes for other specific groups who may require properties that are specifically designed and / or allocated will be supported where: 1) There is a clearly identified need that cannot be addressed elsewhere in the District; 2) The development is located in an area that is sustainable to meet the social as well as housing needs of the intended residents; 3) It will not lead to a concentration of similar uses that would be detrimental to the character and function of an area and/or residential amenity; 4) It will not detrimentally impact on the capacity of public services, including health and social care; 5) It Is in close proximity to everyday services, preferably connected by safe and suitable walking / cycling routes or public transport appropriate for the intended occupier; 6) It can be demonstrated that the development is designed and managed to provide the most appropriate types and levels of support to its target resident; 7) It can be demonstrated that revenue funding can be secured to maintain the long term viability of the scheme; and 8) The scheme is supported by the relevant statutory agencies. Proposals which may result in the loss of specialist needs accommodation will not be considered acceptable unless it can be demonstrated that there is no longer a need for such accommodation in the District, or alternative provision is being made available locally through replacement or new facilities. Any relaxation of the above requirements will only be considered where the Council is satisfied, on a site by site basis, that such requirements will render any development proposals unviable.

Effective Use of Land

Density All development will be design-led and will seek to optimise the use of land having regard to the following considerations: 1) The location and the setting of the site; 2) The existing character and density of the surrounding area; 3) Accessibility to local services and facilities; 4) The capacity of local infrastructure; 5) Parking standards; 6) Proximity to public transport; and 7) The impacts upon the amenities of neighbouring properties. Alterations, Extensions or Additions Development which includes the alteration, extension and / or addition to a building must: 1) Maintain, and where possible enhance, the character and sustainability of the original building and the surrounding area; 2) Be of an appropriate scale and design that makes a positive contribution to the character of the original building and the surrounding area and where possible enhance the sustainability of the original building; and 3) Not involve the loss of any important landscape, heritage features or ecology interests. Replacement Dwellings Planning permission for the replacement of an existing dwelling with a new dwelling will only be granted if: 1) The residential use of the original dwelling has not been abandoned; 2) The original dwelling is not a temporary or mobile structure; 3) The original dwelling is not worthy of retention because of its design and relationship to the surrounding area; 4) The proposed replacement dwelling is of an appropriate scale to the plot and its setting in the landscape; 5) The proposed replacement dwelling is of a design appropriate to its setting; and 6) The proposal will not involve the loss of any important landscape, heritage features or ecology interests. Backland and Infill Development Backland and infill development will be considered on a site-by-site basis to take into account local circumstances, context and the overall merit of the proposal. Backland and infill development will be permitted if all the following criteria are met: 1) There is a significant under-use of land and development would make more effective use of it; 2) There would be no unacceptable material impact upon the living conditions and amenity of nearby properties; 3) There will be no unacceptable loss of land which is of local social, economic, historic or environmental significance; and 4) The proposal will not involve the loss of any important landscape, heritage features or ecology interests. Extension to residential curtilage into the countryside Extensions to domestic gardens within the countryside will not normally be permitted. Small, unobtrusive extensions of residential curtilages into the surrounding countryside, which will not adversely affect the character and rural amenities of the site and wider countryside, may be approved where both the following criteria are met: 1) The proposal will not involve the loss of any important landscape, heritage features or ecology interests; and 2) Provision is made for suitable landscaping to ensure boundary treatments are of an appropriate rural character and appearance.

Rural Exception Schemes

Outside of the defined settlement boundaries and strategic growth areas, land which may not otherwise be considered appropriate for residential development may be released for a Rural Exception Scheme for affordable housing development where there is an identified need within that parish or community for affordable housing. Any Rural Exception Scheme must adhere to the following process: 1) Engagement with local community and the undertaking of a local needs assessment in accordance with recognised guidelines; and then 2) Selection and appointment of a suitable Registered Provider of affordable housing in association with the Council; and then 3) Agreement with the Council on the quantum and composition of development most suitable to the locality based on an identified need, site availability, and an 'open book' viability assessment; and then 4) Identification of a number of potential sites in the locality and selection of the most sustainable site, taking into consideration site availability, condition and capacity of existing infrastructure servicing the proposed scheme. The Council will normally expect Rural Exception Schemes to provide 100% affordable housing for local needs. Any other types of tenure, for example market housing, will only be considered where it can be demonstrated, through a viability assessment, that this is essential to facilitate the affordable housing scheme to meet the identified local need.

Provision for Travellers

1. There are a limited number of Traveller and Travelling Showpeople sites with planning permission in the District. The Council will protect existing lawful sites, plots and pitches for Gypsies, Travellers and Travelling Showpeople. Proposals that would lead to the loss of an existing Gypsy, Traveller or Showpeople site will only be permitted where it is demonstrated that there is no longer an identified need for the site, or that replacement provision on a site that is of equal or better quality is provided and subject to other policies in this Plan. 2. Proposals for Traveller or Travelling Showpeople sites must meet at least one of the following criteria, and other relevant policies in this Plan, including Part 3 of this policy: a) Whether the site is on an existing site that could provide additional provision through intensification and / or improved orientation; or b) Whether the site could provide additional provision through appropriate expansion; or c) Whether the site is within existing development boundaries or strategic growth areas; or d) If the site is located elsewhere in the District, whether it would form sustainable development. In assessing this, the Council will have regard to the sustainability/site suitability criteria in the 'Traveller Site Allocations Development Plan Document Draft Background Paper: Methodology and Site Selection' August 2016. 3. The Council will consider applications for planning permission against the other relevant policies in this Plan, and will require sites to be: a) appropriate in scale to the nearest settlement or dwelling(s) and do not dominate them, having regard to factors such as the scale and form of existing Travellers' pitches in the locality, and the availability of infrastructure, services and facilities; b) well related to the existing built-up area, where relevant; capable of having access to essential services; and allow convenient access, preferably by pedestrian, cycle or public transport, as well as by private car, to key facilities; c) located away from areas at risk of flooding. Proposals for sites in locations other than Flood Zone 1 will be expected to demonstrate a sequential approach to site selection and be justified by a Flood Risk Assessment (FRA). Due to the highly vulnerable nature of caravans and mobile homes, sites in Flood Zone 3 will not be supported

Strategic Growth

The Council will promote sustainable development to deliver economic and residential growth, whilst contributing to protecting and enhancing the District's natural, built and historic environment. Strategic growth will be foc

Maldon and Heybridge Strategic Growth

Strategic developments in the South Maldon Garden Suburb will incorporate the following key infrastructure elements: • A new 1.5-form entry primary school • Two new 56-place early year and childcare facilities • One class base expansion of existing primary school • Necessary contributions toward the sufficient expansion of the Plume School • Provision for youth and children's facilities • A new relief road to the north of A414 at Wycke Hill; and • Provision for Class B use employment land as identified in Policy E1 The North Heybridge Garden Suburb will incorporate the following key infrastructure elements: • A new 1-form entry primary school • Two new 56 place early years and childcare facilities • Necessary contributions toward the sufficient expansion of the Plume School • Provision for youth and children's facilities • A new outer relief road to the north of Heybridge between Broad Street Green Road and Langford Road Garden Suburbs and Strategic Allocations within the Maldon and Heybridge area will be comprehensively planned with the quantum of development as set out in Policy S2 and E1. Permission will be given for development at the Garden Suburbs / Strategic Allocations provided that they are in compliance with the broad development principles set out in policy S3, and that: • New and / or enhanced public transport provision is incorporated within the new Garden Suburbs / Strategic Allocations • New and / or enhanced walking, cycling and, if appropriate, bridleway routes, are included internally within the new Garden Suburbs and where appropriate Strategic Allocations and externally connected to the wider area especially the Maldon and Heybridge Central Area • New development or any associated sewage infrastructure does not have an adverse effect on any internationally protected sites. New development will only be permitted once a deliverable solution has been identified to address sewage constraints on land south of Maldon • Identified infrastructure will be delivered in line with the requirements set out in Policy l1 and having regard to the most recent evidence provided in the Infrastructure Delivery Plan • Development proposals can be accommodated within the capacity of the Maldon and Heybridge road network and junctions, and wider network, following appropriate mitigation measures and junction improvements • Pupil demand from the development can be accommodated within existing and / or proposed new primary, secondary and early years and childcare facilities, as well as adult community learning • Adequate provision is made for enhanced medical provision in cooperation with the relevant health bodies • Community hubs and local centres of appropriate form and scale are integrated into the design and layout of development proposals • Flood risk management and surface water mitigation measures will have regard to the Maldon and Heybridge Surface Water Management Plan. Such measures must be planned in conjunction with relevant stakeholders including the Environment Agency and Essex County Council, and must be integral to the development proposals for the Strategic Growth areas as a whole • Adequate provision is made for enhanced and comprehensive sewerage infrastructure • Adequate provision is made for increased and enhanced green infrastructure including provision for youth and children's facilities • Adequate provision is made for affordable housing • A significant proportion of the proposed dwellings for Maldon and Heybridge are of a form, tenure and dwelling mix that is appropriate for meeting the housing needs of an older population including the provision of bungalows, sheltered housing, extra care housing, private retirement homes and lifetime homes etc • Development proposals must be accompanied by a comprehensive and detailed ecological survey. Due to the potential impact on Natura 2000 sites, this must include an Appropriate Assessment screening report; and • Development proposals must be accompanied by a comprehensive and detailed archaeological assessment Significant infrastructure constraints exist which strictly limit the capacity for development in the Maldon and Heybridge area which is in excess of that set out in Policy S2. Any proposal for development which is in excess of the allocations set out in Policy S2 will be resisted by the Council unless it can be demonstrated that it can be accommodated without prejudicing or delaying the delivery of the LDP Garden Suburbs, Strategic Allocations, or planned infrastructure improvements. The Master Plans for the South Maldon Garden Suburb and the North Heybridge Garden Suburb must be in accordance with these broad development principles and other policies in the LDP. Development proposals within both the South Maldon Garden Suburb and the North Heybridge Garden Suburb should have regard to the Master Plan endorsed by the Council. The following Master Planning principles should form the basis of the masterplan for the North Heybridge Garden Suburb or any proposed developments within the masterplan area in order to maintain a clear defensible northern and western boundary to Heybridge and reduce the potential for future coalescence with neighbouring villages: • The new relief road should form a northern boundary of the development. Only strategic flood alleviation measures and landscaping measures may be allowed to the north of the new relief road • Strategic flood alleviation measures may be permitted outside of the masterplan area where appropriate and required; and • The area between the new relief road, Maypole Road and Langford Road will be used for green infrastructure, agriculture, flood alleviation and / or landscaping measures. The Council will work with landowners to create suitable access routes into the wider public footpath network and links to adjoining areas of public open space

Burnham-on-Crouch Strategic Growth

Strategic Allocations within Burnham-on-Crouch area will be comprehensively planned with the quantum of development as set out in Policy S2 and E1. Permission will be given for development at the Strategic Allocations provided that: 1) Development can be accommodated within the capacity of the Burnham-on-Crouch road network following appropriate mitigation measures and junction improvements; 2) Safe pedestrian cycling and bridleway links are provided from the development to the town centre and, where applicable, to other public services, facillities and the existing urban area; 3) Provision is made for increased and enhanced green infrastructure including provision for youth and children's facilities; 4) Development will protect and enhance the landscape and the character of the historic environment; 5) Community facilities of appropriate form and scale are integrated into the design and layout of development proposals; 6) Pupil demand from the development can be accommodated within existing and new primary, secondary and early years and childcare facilities, as well as adult community learning; 7) Contribution is made for enhanced medical provision in cooperation with the relevant health bodies; 8) Appropriate surface water management mitigation measures are incorporated into the development; 9) Adequate provision is made for enhanced and comprehensive sewerage infrastructure; 10) Adequate provision is made for affordable housing provision; 11) A significant proportion of the proposed dwellings for Burnham-on-Crouch are of a form, tenure and dwelling mix that is appropriate for meeting the housing needs of an older population including the provision of bungalows, sheltered housing, extra care housing, private retirement homes and lifetime homes etc.; 12) Provision for B use employment land in the form of an extension to the Burnham Business Park (relevant only to site S2(i)); 13) The development will preserve and enhance the quality of the historic character including the built environment, archaeology and the historic skyline within the context of its riverside, estuarine and rural location; 14) Development proposals must be accompanied by a comprehensive and detailed ecological survey; 15) Prior to any development a comprehensive and detailed archaeological assessment is undertaken; and 16) Identified infrastructure will be delivered in line with the requirements set out in Policy I1 and having regard to the most recent evidence provided in the Infrastructure Delivery Plan.

Strategic Growth

The Council will promote sustainable development to deliver economic and residential growth, whilst contributing to protecting and enhancing the District's natural, built and historic environment. Strategic growth will be focused at the District's main settlements as they constitute the most suitable and accessible locations in the District. The Council will plan for a minimum of 4,650 dwellings between 2014 and 2029 (310 per annum) including provision for market housing, affordable housing, housing for an ageing population and other types of housing for specialist needs. The current supply of housing is set out in the table below and stands at 5,108 dwellings. The majority of new strategic growth will be delivered through sustainable extensions to Maldon, Heybridge and Burnham-on-Crouch in the form of Garden Suburbs and Strategic Allocations. The scale, type, uses and form of development will reflect their role as employment, retail and service centres, their level of accessibility, and environmental and infrastructure constraints. A proportion of new development will be directed to the rural villages to support rural housing needs, local services and facilities and the rural economy. Strategic growth in the rural villages will be related to the settlement hierarchy, reflect the size, function and physical capacity of the settlement and will not result in unsustainable spatial patterns to the detriment of the wider area. Significant infrastructure constraints exist which will strictly limit the capacity for growth in Maldon, Heybridge and Burnham-on-Crouch in excess of that set out in Policy S2. Any proposal for development in excess of the allocations set out in Policy S2 will need to demonstrate to the Council's satisfaction that: (i) It will not prejudice or delay the delivery of the Garden Suburbs, Strategic Allocations, or planned infrastructure improvements; and (ii) There will be sufficient infrastructure capacity to support the development. Proposals which may prejudice the delivery of the LDP, either individually or cumulatively, will be resisted by the Council.

Infrastructure and Services

The Council will work with relevant partners and infrastructure providers to maintain and improve infrastructure provision in the District through delivering the infrastructure associated with development proposals in policies in this Plan, including policies S3, S4, S5 and S6 and by : 1) Ensuring that existing infrastructure and services are protected and / or improved to meet the existing and future needs of the District; 2) Ensuring that an appropriate level and type of infrastructure is provided for new developments where required to meet community and environmental needs; 3) Maximising opportunities for reconfiguration, expansion and co-location of facilities to improve the infrastructure capacity, accessibility and viability; 4) Providing information on known infrastructure requirements in the District and the most appropriate methods of delivery; and 5) Requiring planning applications to take account of relevant business plans and programs produced by infrastructure providers to ensure development is appropriately phased and does not prejudice the planned delivery of infrastructure improvements. In assessing infrastructure and service requirements, the Council will have regard to the cumulative impact of developments in the locality and across the District. Where appropriate, necessary infrastructure will be required to be delivered in advance of development taking place to ensure that community and environmental benefits are realised from the start of development. On a strategic level, the Council may require certain developments to be phased in order to optimise infrastructure delivery. Developers will be required to contribute towards local and strategic infrastructure and services necessary to support the proposed development. Where the development may impact upon the local area, a Section 106 contribution may be agreed between the Council and the developer to mitigate those impacts. Where the impact may be on the public highway network, then an agreement may be made under Section 278 of the Highways Act 1980 between the developer and the Highways Authority for the developer to undertake or pay for works. In addition, development proposals within the each of the strategic growth areas (including all sites within the Garden Suburbs and Strategic Allocations as identified in Policy S2) will be expected to contribute collectively and proportionally towards delivering the necessary infrastructure requirements which are related to the respective strategic growth areas (as identified in Policy S4 and S6). The broad approach to the pooling of strategic infrastructure costs associated with the LDP is set out in TABLE 1 . The Council will introduce a Community Infrastructure Levy (CIL) to further enable contributions to be made towards strategic infrastructure and service provision from new developments that are not included in TABLE 1 . Where necessary, the Council will review developer contributions for Garden Suburbs and Strategic Allocations alongside the production and implementation of CIL.

Sustainable Development

When considering development proposals the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the NPPF and will apply the following key principles in policy and decision making: 1) Ensure a healthy and competitive local economy by providing sufficient space, flexibility and training opportunities for both existing and potential businesses in line with the needs and aspirations of the District; 2) Deliver a sustainable level of housing growth that will meet local needs and deliver a wide choice of high quality homes in the most sustainable locations; 3) Promote the effective use of land and prioritise development on previously developed land and planned growth at the Garden Suburbs and Strategic Allocations; 4) Support growth within the environmental limits of the District; 5) Emphasise the importance of high quality design in all developments; 6) Create sustainable communities by retaining and delivering local services and facilities; 7) Enable and adapt to the effects of climate change by limiting greenhouse gas emissions through the efficient use of energy and use of renewable alternatives, coastal management, and mitigating against flooding; 8) Ensure new development is either located away from high flood risk areas (Environment Agency defined Flood Zones 2 and 3) or is safe and flood resilient when it is not possible to avoid such areas; 9) Conserve and enhance the natural environment, by providing protection and increasing local biodiversity and geodiversity, and effective management of the District's green infrastructure network; 10) Conserve and enhance the historic environment by identifying the importance of local heritage, and providing protection to heritage assets in accordance with their significance; 11) Identify the capacity and constraints of local infrastructure and services, and seek to mitigate identified issues through developer contributions including Section 106 agreement and / or Community Infrastructure Levy and other funding sources; 12) Maintain the rural character of the District without compromising the identity of its individual settlements; 13) Minimise the need to travel and where travel is necessary, prioritise sustainable modes of transport and improve access for all in the community; and 14) Support the expansion of electronic communications networks, including telecommunications and high speed broadband. The Council will always work proactively with applicants jointly to find a solution which means that development proposals can be approved wherever possible, and to secure sustainable development that improves the economic, social and environmental conditions in the area. Planning applications that accord with the policies in this LDP and, where relevant, with polices in the District's neighbourhood plans, will be approved, unless material considerations indicate otherwise. Where there are no policies relevant to the application or relevant policies are out of date at the time of making the decision, the Council will grant permission unless material considerations indicate otherwise. Account will be taken if any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF taken as a whole; or specific policies in the NPPF indicate that development should be restricted.

Retail Provision

Town Centre Areas Proposals for the development of retail, office, tourism, cultural, community, residential and other main town centre uses, as defined by national planning policy, will be permitted within defined Town Centre Areas where: 1) The scale and type of development proposed is directly related to the role and function of the centre and its catchment; and 2) There would be no significantly adverse impact on the vitality and viability of the centre or other centres. Except where already the subject of an extant planning consent for town centre uses of similar scale and function, proposals for town centre uses outside of the Town Centre Areas will be subject to sequential testing in accordance with national policy. Local Impact Threshold Applications for new retail uses, including new buildings, alterations and changes of use or to vary or remove conditions in respect of the range of goods sold or service provided, in edge or out-of-centre locations will be required to submit an impact assessment where the following floorspace thresholds are exceeded: Maldon and Heybridge 1,500 sqm gross Burnham and the rest of the District 1,000 sqm gross New Retail Space Additional retail need should be accommodated in town centres, in line with the sequential test. Only where it is proven that there is no town centre site that is available, suitable and viable, should edge-of centre or out-of-centre sites be considered. To a limited extent, there is the potential to locate new retail space, in the form of Local Centres, to support that garden suburb population needs at the growth areas of South Maldon and Heybridge identified in Policy S2. Primary Retail Frontages Within the designated primary retail frontage, ground floor retail units will be protected for A1 Retail Uses. Other types of uses will normally be resisted unless it can be demonstrated that they: 1) Will not have a detrimental impact on the function, vitality or viability of the Primary Retail frontages; and 2) Will not create a new continuous frontage of three or more units of non-A1 Uses. Secondary Retail Frontages Within the designated secondary retail frontage areas, ground floor retail units will be protected for A1 Retail Uses but a wider range of other uses may be supported to maintain the diversity and vitality of the surrounding retail area. Proposals for other non-A1 Uses within Secondary Retail Frontages must: 1) Maintain and enhance the overall attractiveness, viability and vitality of the surrounding retail functions; 2) Encourage active shop fronts and avoid detraction from, and isolation of, the dominant retail appearance of the area; 3) Be capable of attracting a high number of visits from the general public; and 4) Not create significant discontinuation to the existing frontage or pedestrian footfall. Design of Shop Fronts New and replacement shop fronts will be permitted provided that: 1) Proposals are constructed in materials sympathetic to the character of the building and the surrounding area; 2) Any shop front subdivisions reflect the character and proportions of the existing building, and adjacent shops and properties in the surrounding street scene; and 3) Independent access is provided or maintained to upper floors where these are in separate use.

Tourism

The Council will support developments which contribute positively to the growth of local tourism in a sustainable manner and realise opportunities that arise from the District's landscape, heritage and built environment. Development for new tourist attractions, facilities and accommodation will be supported across the District where it can be demonstrated that: 1) There is an identified need for the provision proposed; 2) Where possible, there are good connections with other tourist destinations, the green infrastructure network and local services, preferably by walking, cycling or other sustainable modes of transport; 3) There will not be any significant detrimental impact on the character, appearance of the area and the quality of life of local people; and 4) Any adverse impact on the natural and historic environment should be avoided wherever possible. Where an adverse impact is unavoidable, the proposal should clearly indicate how the adverse impacts will be effectively mitigated to the satisfaction of the Council and relevant statutory agencies. Where a development is deemed relevant to internationally designated sites, the Council will need to be satisfied that a project level HRA has been undertaken and that no potential significant adverse impact has been identified. To protect existing tourism provision, the change of use from tourism uses will only be considered if: a) There will be no significant loss of tourism facilities as a result, or an alternative provision in the locality can meet the needs; b) The existing business / service is not and cannot be made viable; and c) There is no known demand for existing and alternative tourism use, and the site has been marketed effectively for all alternative tourism related uses.

The Maldon and Heybridge Central Area

The Central Area incorporates Maldon Central, the Causeway Regeneration Area and the Leisure Quarter. The Central Area will continue to act as the focal point within the District for retail, commercial, industrial, community and tourism activities. It will be a thriving and vibrant destination that has strong connections with surrounding areas and is supported by its heritage assets, waterways and green spaces. The development and regeneration strategy for the Central Area comprises the following: 1) Development and regeneration will take place having regard to a masterplan endorsed by the Council; 2) Maldon Town Centre will be promoted as a market town that serves a wider rural catchment area. Proposals for retail, office, housing, community, leisure uses and other town centre uses will be supported where they contribute to regeneration and diversification of the centre. The provision of a high quality market will be encouraged and supported; 3) Renewal of the Causeway Regeneration Area to improve the supply of high quality Use Class B floorspace (commercial and industrial), and increase employment. This will include the provision of: modern workspaces suitable for small and medium sized enterprises; start-up units; support for existing businesses that are seeking to expand and mixed-use developments which enable significant numbers of jobs to be created; 4) Retain the role of the Central Area as a tourist, arts and cultural centre, offering a range of accommodation and visitor attractions and facilities; 5) Increase public access next to, and enhance the setting of the riverside to create a vibrant environment that incorporates a range of uses; 6) Maintain and encourage the wider use of walking and cycling across the area through an improved public realm and improved linkages and connectivity between the town centre, the Causeway, the Hythe, and the Leisure Quarter and other key attractions; 7) Preserve and enhance the quality of the historic character including the built environment, archaeology and historic skyline within the context of its riverside, estuarine and rural location; 8) Actively manage traffic and visitors to the town and surrounding area through enhanced public transport provision and the use of effective car park management; 9) Protect the sensitive environmental relationship between the Central Area and the adjacent environmentally designated areas including the River Blackwater and Chelmer and Blackwater Navigation; and 10) Minimise all forms of flood risk and ensure that flood infrastructure are effectively managed.

Sustainable Transport

The Council will work with the public and a range of partners to deliver a more sustainable transport network for the District. This will be achieved through the delivery of sustainable transport infrastructure set out in other Policies in this plan, including Policies S3, S4, S5, S6 and I1, and by supporting measures which: 1) Secure provision for sustainable transport in new development; 2) Give priority to pedestrians, wheelchairs, cyclists and public transport over private vehicles; 3) Improve access to railway services by enhancing station facilities and the interchange arrangements between rail and other forms of transport; 4) Enable the provision for new bus services as well as maintaining and improving existing services in the District which connect the more rural and inaccessible communities with key settlements in the District and beyond; 5) Promote and secure the provision for demand responsive services and community transport schemes to increase accessibility for the more rural and inaccessible communities within the District; 6) Develop a high quality, safe and more comprehensive cycle route and footpath network for the District; 7) Seek to provide simple, accurate, accessible and integrated public transport information to the public; and 8) Ease traffic congestion in the historic core of Maldon and Heybridge, as well as other 'hot-spots' identified within the District. Transport Assessments and Statements will be required to have regard to the adopted Essex County Council's Development Management Policies or successor documents, in order to assess the impact of development in terms of highway safety and capacity for both access to the proposed development and the wider highway network. Travel Plans will also be required for proposed development as appropriate.

Accessibility

To create and maintain an accessible environment, development proposals should where relevant to the development involved: 1) Be located where there is physical and environmental capacity to accommodate the type and amount of traffic generated, or locations where the impact can be suitably mitigated, taking into account the cumulative impact of developments; 2) Provide safe and direct walking and cycling routes to nearby services, facilities and public transport where appropriate; 3) Improve accessibility to the countryside and the natural environment and to enhance and protect the provision of Public Rights of Way; 4) Improve accessibility to buildings, streets and public spaces, particularly for those with mobility impairments; 5) Provide sufficient parking facilities having regard to the Council's adopted parking standards; 6) Provide sufficient and safe access to service and emergency vehicles; and 7) Give appropriate consideration to encourage a people-oriented space within the development.