Burnham Waters, a sustainable retirement community currently being developed in Burnham-on-Crouch, has been intelligently designed to cater for the lifestyles, aspirations, and needs of over 55’s. Responding to the acute need for housing and affordable housing within the Maldon District, its second phase of development was recommended for approval by the council’s Chief Planning Officer. However, elected councillors refused planning permission against professional advice and without sufficient grounds to justify their decision. Consequently, the council have been ordered to fund Burnham Waters’ appeal fees – a total of £213,374.
This very substantial cost, following the refusal to grant planning permission against professional advice, has ultimately and unfairly come at a significant financial detriment to Maldon District’s taxpayers.
Earlier this year, a Government Planning Inspector undertook a public inquiry into an appeal against Maldon District Council’s refusal of planning permission, considering the reasons for refusal as identified by its councillors. Following a thorough review, planning permission for the expansion of Burnham Waters was granted in March 2022. In so doing, the Government Planning Inspector ordered Maldon District Council to repay the appellant’s (Burnham Waters’) costs of £213,374, stating:
“The proposal should not have been refused in the first place and should not have then been actively defended at appeal. The appeal proposal is for two types of residential accommodation – older persons and affordable housing – that are most in need in the district, as set out in the council’s own Maldon District Local Housing Needs Assessment Final Report, dated May 2021. The need for both types of accommodation is acute and growing”.
Burnham Waters will make a considerable dent in the district’s need for housing and affordable housing, particularly housing for the elderly. Furthermore, by prioritising sales of these dwellings to Maldon residents, this will release both market and affordable homes, encouraging a ‘churn’ in the housing market and freeing up existing homes for the many younger residents in need of property.
Burnham Waters’ final phase delivers an additional 142 market homes and 61 affordable homes of a type, mix, and tenure that helps to fulfill local needs, as per the council’s latest Local Housing Needs Assessment. The Maldon District has an ageing population, with a significant proportion of local residents experiencing long-term health problems or disabilities – also outlined in the council’s Local Housing Needs Assessment. Every Burnham Waters dwelling is therefore purposefully designed to accommodate residents aged over 55, who either have or might develop long-term health problems or disabilities.
The third and final phase of Burnham Waters’ retirement community development, which has been prepared in accordance with the phase 2 Planning Inspector’s recommendations, is recommended for approval by the council’s professional planning officers and will be determined by Maldon District Council’s elected members at a District Planning Committee this week (Thursday 27th October). The overarching lesson for councillors in relation to Burnham Waters’ phase 2 appeal and ongoing proposals, is that they must not ignore, or attempt to downplay, the obvious and unassailable benefits of a housing development proposal in order to refuse planning permission based on reasoning that does not stand up to objective scrutiny.
By failing to maintain a five-year supply of available housing land, Maldon District Council is fundamentally failing to meet its residents’ needs for housing: a basic requirement all councils must achieve. Burnham Waters is helping to address this need by delivering specialist housing to meet clearly identified acute and growing local needs. The team are incredibly passionate about supporting the community and creating an environment that enhances the area, whilst providing residents with exceptional homes, facilities, and medical care.
