EMPLOYMENT

INTRODUCTION

5.1 For the purposes of the Replacement Local Plan, employment is defined as business, industry and warehousing uses, within classes B1 to B8 of the Town and Country Planning Act (Use Classes) Order 2005.

5.2 The Essex and Southend-on-Sea Replacement Structure Plan (RSP) has determined the employment strategy for Essex. It states that in recent years Maldon District has accommodated further housing and population growth without a corresponding increase in the local job opportunities, which has led to unemployment and extensive out-commuting for work. It also acknowledges that after 2002 Bradwell Nuclear Power Station, which is the largest local employer, will be de-commissioned leading to a substantial reduction in on-site employment.

5.3 To rectify these problems and create an environment likely to attract inward investment the RSP requires that a further 10ha of land be allocated in the urban areas (Burnham-on-Crouch or Maldon/Heybridge) to supplement the 11ha (as at 1996, Table 4) already available in those settlements. This would result in a total of 21ha of land being available for industrial, business and warehousing purposes during the period 1996-2011.

5.4 Tables 4 & 5 illustrate that allocations made in the Maldon District Local Plan First Review together with the areas of employment land unimplemented and available in 1996 provide an area of 24.8ha. of employment land to be developed between 1996 and 2011. Implementation of these existing allocations during the Plan period will assist in absorbing the expected employment needs created by the closure of Bradwell Nuclear Power Station, as well as reducing the level of out-commuting from this District.

5.4 Despite the provision and servicing of two medium sized employment areas (at Wycke Hill and Langford) during the life of the First Review Plan the rate of implementation has been relatively slow, suggesting that the current allocations will not be fully implemented until after the end of the Replacement Plan period.

5.5 The District Council is concerned that the allocation of land for employment purposes isolated from any other land allocation and without obvious likelihood of implementation would:

  1. Create an over provision of employment land in this Plan period;

  2. Reduce the likelihood of the existing allocations being implemented;

  3. Hinder the regeneration of existing urban employment areas;

  4. Create an area of development which because of its nature, size and proposed use cannot be easily absorbed into the landscape;

  5. Increase pressure on urban employment areas for redevelopment to other uses.

5.6 There is agreement with the RSP strategy to restrict housing development and promote employment in the District. Having assessed the current land availability situation it is felt that the areas allocated for industry over the whole District allows the Authority to comply with the Structure Plan strategy. In 1996 (the Structure Plan base date) there was 25.02ha of undeveloped employment land available; comprising 10.2ha located in urban areas, and 14.82ha unimplemented allocations (Table 5). This provision satisfies the RSP requirement for 21ha of land for employment development. Following an appeal decision (2001) the total land available includes a further 2.2ha of land at Sadd's Wharf, Maldon.

5.7 Encouraging employment opportunities has to be balanced with retaining and enhancing the District's greatest asset, its environmental quality. The RSP recognises that the District does not have good links with the County's transport infrastructure and this, with the overriding importance of the District's environmental constraints suggests that the allocation of the additional land should be handled with extreme care.

5.8 If this District is to develop in a manner which is in sympathy with its environmental constraints, a longer term strategy has to be considered and one which embraces a period over which 10ha of employment land is likely to be developed. The monitoring of this Local Plan will include annual surveys of land available in both urban and rural areas, as well as the demand for sites within the District.

5.9 Against this background the Authority has considered its employment strategy for the Plan period. Currently there is sufficient employment land capacity if account is taken of the areas that were allocated in the Local Plan First Review. At current building rates this capacity would last beyond the proposed date of the review of the RSP. Therefore additional employment land is not being allocated in the District in the Replacement Local Plan. However, the RSP review will enable this Authority to make provision for this employment allocation in combination with any other land allocations required by that review in any subsequent alteration to the Replacement Local Plan.

OBJECTIVES

Strategic Objective

Si To make provision for sustainable employment opportunities.

Employment Objectives

Ei To encourage employment growth opportunity and prosperity in a sustainable manner which caters for both the needs of the urban and rural areas of the District whilst protecting the environment.

Eii To promote the use of suitable buildings in the countryside for employment uses.

Eiii To protect from changes to other uses all the existing large industrial employment sites and allocations which are major generators of employment.

Eiv To encourage new firms and opportunities for the growth of local firms.

Ev To provide sufficient land for employment development to meet the requirements of the Structure Plan.

Evi To improve the quality and encourage the maximum use of existing allocated employment areas, increasing the potential for employment opportunities and providing a high quality environment.

Evii To encourage the use of land and buildings in connection with tourism.

Eviii To provide an appropriate level of employment opportunities in the smaller settlements, and the countryside.

Local Economy

5.10 64% of people living in districts north of and including Chelmsford live and work in the same district. This compares with Maldon where 45% of the resident workforce work outside the District. Of those that live and work in the District the vast majority are in manual employment. 83% of the firms within the District employ less than 10 people. Unemployment is comparatively low, although the District is expected to suffer from declining total employment in the next decade. It is forecast that the biggest increase in employment is likely to be in distribution, hotels and catering.

5.11 Household income is relatively high when compared nationally and with Essex, but low when compared with the neighbouring Authorities. The combination of these factors suggests that if the District Council is to reverse the flow of commuters out of Maldon new types of businesses will have to be attracted to the District.

Sustainability

5.12 In a District that is large in area, sparsely populated and has poor road links, the concept of sustainability becomes extremely important. The environmental constraints increase the need to ensure that the proposals contained in this Plan meet the needs of this generation without compromising the ability of future generations to meet their own needs.

5.13 There are relatively few settlements in the District that exceed a population of 3000 and only two areas that have a population exceeding 6000, Maldon/Heybridge and Southminster/Burnham-on-Crouch. The dispersed settlement pattern results in a necessity to create and maintain employment opportunities in locations that serve a number of settlements. The tables in policy E1 and E2 set out unimplemented allocations allocated in the previous Plan together with existing employment areas. Retention of these sites will ensure that employment opportunities are in balance with the resident population of both the Dengie Peninsula and northern part of the District. These larger sites are supported by policies aimed at retaining smaller employment areas/sites that are not specifically allocated for employment use.

5.14 The employment base will be supplemented by the use of rural buildings for commercial purposes where they are located close to existing settlements defined in the Local Plan. The conversion of suitably located buildings for commercial use is extremely important in maintaining the rural economy without destroying the fragile environmental quality of the District. Policies relating to the location of suitable buildings for conversion are contained in the Coast and Countryside Chapter.

5.15 The combination of the retention of existing unimplemented allocations, protection of existing employment areas, protection of small non-conforming commercial sites and re-use of suitable rural buildings will provide a sustainable employment framework for the District.

LAND ALLOCATIONS

Retention of existing and previously allocated employment areas

5.16 The existing allocated areas provide an employment base for the District's workforce. This employment base has been increased in previous Local Plans by further employment allocations. Whilst not all of these allocations have been implemented, the majority do have planning permission. Bearing in mind the need to create a sustainable society and the closure of the Bradwell Nuclear Power Station, the retention of these sites are considered to be necessary to maintain a reasonable employment base in the remoter parts of the District.

5.17 Historical reasons are primarily responsible for the location and existence of some of these sites and consequently very little planning control has been exerted over their development. Some of these sites are poorly located for uses such as warehousing and distribution. Whilst it is recognised that it is not possible to prevent the continuation of the current uses. The allocations in policies E1 and E2 identifies land which is suitable for intensification of warehouse development in areas where the highway network offers suitable access

POLICY E1 Protection of existing allocated employment sites
  1. The sites indicated below and defined on the Proposals 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.

Inset mapSite ref no.SiteTotal1 area allocated 2001Land in urban areas available in 19964Appropriate uses2
5E1/1Burnham Business Park, Burnham-on-Crouch4.35ha1.67haB1
B2
B8
5E1/2Springfield Industrial Estate, Burnham-on-Crouch4.35ha B1
B2
B8
14E1/3West Station Yard, Spital Road, Maldon3.1ha B1
B2
B8
5E1/4Station Approach Industrial Area, Burnham-on-Crouch 1.75ha0.16haB1
B2
0E1/5Hall Road, Southminster2.4ha B1
B2
26E1/6Beckingham Business Park, Tolleshunt Major6.3ha B1
B2
15E1/7Mayland Industrial Estate, Mayland1.2ha B1
14
14A
14B
E1/8The Causeway, Maldon350.0ha5.17haB1
B2
B8
S106
14E1/9Wycke Hill, Maldon4.0ha3.20haB1
B2
23E1/10Woodrolfe Road, Tollesbury3.96ha B1
B2
10E1/11Waterworks Site, Langford 2.0ha B1
S106
 83.41ha10.2ha
  1. Total gross area allocated. The amount of undeveloped land may be less.

  2. Appropriate uses refers to the Use Classes described in the Schedule to the Town and Country Planning (Use Classes) Order 2005. B1 = light industry/offices; B2 = general industry; B8 = distribution/warehousing.

  3. The Causeway Area, within Maldon and Heybridge, includes: Mill Lane, Station Road, Blackwater Trading Estate, Quayside Park, Heybridge House Industrial Estate, Leigh Road, Galliford Road Industrial Estate, Street Industrial Estate, Benbridge Industrial Estate, Hall Road, The Square, Heybridge and Bentalls Industrial Estate on Colchester Road.

  4. Land in urban areas available in 1996, identified in the Essex County Council Land Availability Survey (1996) and shown to be available in table 10.1 in the Replacement Structure Plan (2001). The total land available in 1996 (Structure Plan base date): 10.2 ha in urban areas + 2ha Langford waterworks (table 4) + 12.4ha unimplemented allocations (table 5) = 24.6ha

S106 Sites that have been carried forward from the Maldon District Local Plan First Review Plan, where a section 106 obligation is required under policy E1(3).

POLICY E2 Allocation of proposed employment sites
  1. The following sites shown on the proposals map are allocated for employment development in accordance with the uses outlined in the table. Development proposals should meet the specific requirements as set out below
Inset mapSite ref no.SitePlanning permissionTotal1 area allocatedAppropriate uses2Specific Requirements
4E2/1Bradwell Bait Farm, Maldon Road, BradwellY1.8haB1 Mixed Use HousingS106
Phasing of development to relate housing and employment to each other Design and building height
10E2/2Waterworks Site, LangfordY1.5haB1
(a), (b), (c)
S106
Protection from fluvial flooding
Eves height less than 6.9m to protect rural location
Maximum of 7.3% coverage of total land area with buildings
Provision of a permissive right of way between Ulting Lane and the access road to the golf course
20E2/3Pantile Hill, SouthminsterY2.95haB1
B2
S106
Phasing of development in access with nearby housing and provision of land to Landscaping around the site alongside the road to provide visual screening Planting of new woodland to the west of the site to provide screening
12E2/4Mapledean Nursery, LatchingdonY1.70haB1
B2
 
15E2/5Mayland Industrial Area, MaylandN0.42haB1  
12E2/6Mayfair Mushroom Farm, LatchingdonN2.15haB1
B2
S106
Landscaping to the south of the site to protect residential amenity limit on the heigh of buildings to 5m reflecting rural location
Upgrade access from main highway
20E2/7Goldsands Road, SouthminsterN0.60haB1
B2
 
20E2/8Hall Road, SouthminsterN0.60haB1
B2
 
 9.92ha 
  1. Total gross area allocated. Except for Sadd's Wharf, these sites were also available in 1996 in addition to those areas identified in table 4.

  2. Appropriate uses refers to the Use Classes described in the Schedule to the Town and Country Planning (Use Classes) Order 2005. B1 = light industry/offices; B2 = general industry; B8 = distribution/warehousing.

S106 Sites that have been carried forward from the Maldon District Local Plan First Review Plan where a section 106 agreement is required under policy E1(3).

Mixed Use Development

5.18 The sites allocated for 'mixed use ' in policies E3 and E4 will be subject to Supplementary Planning Documents setting out the appropriate level of housing and mixture of appropriate uses. The Council acknowledges that both these sites are very difficult to develop owing to the risk of tidal flooding, constrained access and proximity to historic setting of the relevant conservation areas. In addition the Environment Agency indicate that as part of their requirements the housing component of these sites must be no more than required to achieve the regeneration of the sites. The Council will work within partnership with developers to achieve regeneration of these key locations. If planning applications are received before the relevant planning Supplementary Planning Documents are completed the Council will take account of the preparatory notes accompanying Policy BE1.

Timber Yard Heybridge Basin

5.19 This site is located close to the Heybridge Basin Conservation Area. Development must conserve or enhance the setting of the conservation area. It is within tidal flood risk area and development must satisfy the requirements of the Environment Agency. Access is constrained by the capacity of Basin Road and the junction on the Goldhanger Road. The employment component of a mixed use development must make a contribution to the employment strategy of the Local Plan. A maritime leisure related activity would be particularly welcomed.

POLICY E3 Mixed Use Development - Timber Yard Heybridge Basin

Within the former timber yard site in Heybridge Basin shown on the Proposals Map, planning permission will be granted for a mixed-use development of housing and Class B1 employment uses provided:

  1. The extent of Class B1 uses promotes the objectives of the Employment Strategy
  2. Flood risk measures satisfy the requirements of the Environment Agency
  3. Development conserves and enhances the setting of the nearby Conservation Area.

Causeway Industrial Area and Sadd's Wharf

Sadd's Wharf

5.20 In recognition of the appeal decision, the land previously allocated in the Maldon District Local Plan First Review for port related industrial uses was allocated for employment (B1). Unlike the remaining parts of the Causeway Industrial Area this area is vacant and undeveloped, creating an opportunity to generate a character sympathetic to its riverside location and Maldon Conservation Area. However until that planning permission is implemented the previous use of the site as a wharf could be continued. The site therefore has three possible uses; to continue the previous port activity, a change to B1 employment use in accordance with the extant planning permission or a change to mixed use in accordance with the site allocation in Policy M/E/4

5.21 Sadds Wharf, This is a key site within the District. Development of this site must take account of numerous conflicting issues. The site is within tidal flood plain. Development of any housing and employment use will have to satisfy the requirements of the Environment Agency. The site is adjacent to a listed building and directly opposite the Maldon Conservation Area. The scale, design and massing of development must conserve or enhance the setting of these designated spaces. The existing access to the site runs through an employment area that includes a small number of houses. Development must not lead to traffic impacts that adversely affect the existing employment and housing uses. The mixture of potential uses must not lead to the loss of employment opportunity.

5.22 In view its prominent location and the important role it will play in the regeneration of the adjacent industrial area a specific policy has been included in this Plan. The policy is intended to ensure that the allocation benefits the community, not only in the provision of further employment, but also in the creation of an environment that compliments its riverside location. In order to perform this role, the adjacent buildings and the scale and form of buildings required to relate to this riverside location need to be taken into account.

POLICY E4 Mixed Use Development - Sadds Wharf.

On the site of Sadds Wharf, Station Road, Maldon shown on the Proposals Map, planning permission will be granted for a mix of uses including offices, housing and leisure provided;

  1. The design form and scale of the buildings permitted and the materials used in their construction shall be compatible with:

    1. the adjacent buildings known as 'The Granaries,'
    2. the character of the buildings located within the designated Conservation Area to the south, and
    3. the scale of the adjacent estuarine landscape.
  2. Development does not lead to highway impacts that have an adverse impact on the existing employment uses in Station Road.

  3. Flood risk measures satisfy the requirements of the Environment Agency.

Causeway Industrial Area

5.23 The area fronting the Causeway and the River is located at the entrance to one of the main approaches to the Town and is close to a Conservation Area. It is extremely prominent and can influence the overall character of the locality and setting of the central core of the town. The location of the area within walking distance of the Town Centre could allow it to become an area of intense employment activity of great benefit to maintaining the vitality and viability of the Town Centre.

5.24 There is a need to seek a comprehensive solution to redeveloping the area to maximise its potential whilst at the same time recognising the special contribution the area can make to the character of Maldon. This area has evolved over a long period. It is a large area with no identifiable character and has no adopted internal road pattern to allow the site to maximise its potential. Sensitive development of the land fronting The Causeway and that having a frontage to the River Blackwater as far as the Sadd's Wharf allocation is crucial to improving the approach to and setting of the historic town centre of Maldon.

5.25 The Causeway Industrial Area embraces a significant area of land, which has developed over a period of years leaving it without any identifiable character. The appeal decision to permit the former port area to be developed for employment purposes allows the District Council to ensure that it is developed to a high standard. It also provides a catalyst for the regeneration for the whole of the Causeway Industrial Area.

5.26 The Industrial Area with frontage to The Causeway has a visual association with the Maldon Conservation Area. The road is an important entrance to the town. Much of the Causeway Area is underused and is visually damaging to the setting of Maldon but has the potential to positively enhance it.

5.27 It is essential that this area have a bias towards developments requiring high quality buildings. This will achieve a regeneration solution which creates job opportunities that will reduce the current out commuting as well as ensuring built development that is compatible with and enhances the area.

5.28 To achieve this within the employment allocation E1/8 and E1/16 part of the area is zoned to restrict it to development that results in buildings compatible with the historic townscape and riverside location.

5.29 If regeneration is to be successful, vehicular and pedestrian access to the area has to be improved. Station Road is at present congested by parked cars and lacks adequate footpaths. Any redevelopment that takes place in this area should incorporate measures to relieve and improve the current traffic problems as there is presently no adopted highway serving the remaining part of the area. In order to maximise the potential of the allocation the District Council will endeavour to secure a further adoptable vehicular and pedestrian access to the area. Pedestrian access to and along the whole length of the river frontage from The Causeway to and including Sadd's Wharf would be of benefit to not only those people employed in the adjacent buildings but also to the community at large.

5.30 This area is in multiple ownership, and is located in an extremely prominent part of the town and is immediately adjacent to a Conservation Area. The Council believes that developing the north bank of the river with new buildings rather than open storage is the best means of achieving effective regeneration and proposes to produce Supplementary Planning Documents (SPD) to support policies E4 and E5. The SPD will address vehicular access to the area, design issues relating to buildings and spaces and pedestrian access to the river frontage.

POLICY E5 Frontage to the River Chelmer

Within the area shown on the Proposals Map development will only be permitted if the following criteria are met:

  1. it is of a high quality external design compatible with its location adjacent to the listed buildings at the Granaries, Conservation Area and River frontage;
  2. public access to the river front is included for both pedestrian and cycle use; and
  3. there are minimal external storage and delivery areas excluding car parking requirements especially facing the river banks

Design of employment buildings and layout of employment areas

5.31 It is becoming increasingly important and a demand of the public that employment areas are designed to create a pleasant working environment. Policies aimed at improving the quality of employment areas will assist in attracting new employers to the District. The external design of buildings and the spaces created by their position in the street scene are matters that can be influenced by the planning process. Development or re-development of land within an existing employment area creates the opportunity to improve the amenities of the particular site and the surrounding area. Policies contained in the Built Environment chapter address these issues.

PROTECTION OF EXISTING EMPLOYMENT USES

Protection of existing small employment sites

5.32 The majority of firms in the District employ less than 10 people and many of these firms are located on sites outside the defined employment areas. Some of these are located in rural areas and occupy buildings formerly used for farming. Others occupy sites in residential areas where land values place pressure on site owners to seek permission to redevelop the sites. They tend to be small freehold sites whose relatively low overheads enable them to be occupied by seedbed enterprises. They form an important element of the employment buildings stock. Unless the site is totally unsuitable for employment use or causes an uncontrollable nuisance, retention of the site for employment purposes is necessary and sustainable and prevents further use of greenfield sites to replace employment land lost to other uses.

5.33 Loss of employment sites in rural areas is generally due to conversion or redevelopment to housing. Loss of these sites places pressure on rural buildings to be used for employment purposes in less sustainable locations. As the rural building stock is a finite resource, it is considered that there should be a presumption in favour of them being used for employment purposes, to retain the economic vitality of the rural areas. Policies are contained in the Coast and Countryside Chapter relating to the re-use of rural buildings for commercial purposes.

5.34 It is the District Council's intention to protect employment sites. Where alternative uses are proposed, the applicant will be expected to submit convincing evidence to prove that the site is unsuitable for continued employment use in terms of its effect on local character and amenity. Efforts to market the site should be demonstrated by way of a report submitted alongside a planning application for the alternative proposals. The report should describe the marketing campaign, record enquiries received and explain why no sale or letting of the premises has taken place. Where possible, the enquirers' own comments and reasons should be cited, providing copy correspondence as necessary. In terms of advertising and marketing the site, the District Council will expect boards to be erected on or close to the site for a period of at least three consecutive months advertising its availability. In addition, sites should be marketed in local newspapers and commercial property journals that circulate within the District and across Essex for at least a three month period. In all cases the sale, rental or leasing cost of the site (as appropriate) being marketed should be at a level which reflects its current lawful use at the time of marketing.

5.35 Additionally, any new use should offer greater benefits to the local community than those provided by continued employment use of the site. This could be through the provision of local services, community and leisure facilities. Affordable housing may be appropriate on sites within defined development boundaries or those adjacent to certain villages (policy H9 refers). For the purposes of Policy E6, market housing is not regarded as such an appropriate alternative use.

5.36 Associated with the need to protect the existing small business base is a need to allow existing sites to expand or intensify as well as for new opportunities to be developed if circumstances allow. If small sites are located within residential areas it is necessary to give greater emphasis to protecting the status quo if expansion is likely to cause harm to residential amenity.

POLICY E6 Protection of existing employment uses

Development which would cause the loss of an employment site will not be permitted unless:

  1. The present use of the site irreparably harms the character and amenities of the adjacent area and there are no other remedies available to rectify the loss of character other than seeking a cessation of the current use; or

  2. The site would have a greater benefit to the community if an alternative use were permitted; or

  3. Evidence of advertisement "For Sale" by estate agents and in local newspapers and commercial property journals circulated throughout the District and County, for a period of at least three months at a price to reflect its current lawful use and is submitted showing that the site has been marketed by agents operating in the locality and that

  4. There is confirmation of a lack of interest.

POLICY E7 Development extension or intensification of employment premises within Development Boundaries

Proposals for the extension or intensification of employment uses, or the introduction of employment uses on sites which lie outside existing or allocated employment areas, but within existing development boundaries, will only be acceptable if they satisfy all of the following criteria:

  1. Improvement of the residential amenity of adjacent properties;

  2. Improvements to access, off street car parking and manoeuvring where required;

  3. Improvements to the appearance of the site by the appropriate design of new buildings and inclusion of an appropriate landscaping scheme.

CHANGE OF USE TO BUSINESS

Business use of a property also occupied for residential purposes

5.37 The District relies on a number of small companies contributing significantly to its employment base. Some of these enterprises require a limited amount of floor space and are ideally suited to being operated from the home of the proprietor of the business. These businesses very often begin life as a part-time occupation and gradually develop into full time work. As much of the employment in the District is created by small businesses it is important that the creation of small businesses is encouraged.

5.38 The rural nature of the District with its scattered centres of population, remoteness from major commercial centres and limited employment opportunities has created and perpetuates a small business culture. There is a need to provide services to the rural communities on easily accessible sites. The growth in the use of computer technology has encouraged home-working, both by the self employed and by employees of larger organisations.

5.39 PPG 4 "Industrial and Commercial Development and Small Firms" explains that using a single room in a house as an office is unlikely to mean that the residential character of the house has changed and therefore planning permission is not required. A change of use for which planning permission is required is likely to occur when the use generates external activity comprising additional vehicle or pedestrian movements and noise or fumes above that normally expected of a residential property. Persons, other than those occupying the house, employed at the premises are also likely to result in additional external activity, even if it is only the arrival, departure and stationing of an additional vehicle. This additional activity could be sufficient to change the residential character of the house, resulting in a change of use occurring that requires planning permission.

5.40 This problem can be divided into three categories:

  1. Home working of a nature that is not defined as development,
  2. Home working that is defined as development, but is not detrimental to matters of acknowledged importance,
  3. Home working that is contrary to (b).

5.41 In order to define whether the proposal falls within category (c) it will be necessary to assess the proposal against the following matters of acknowledged importance:

  1. Uses generating unreasonable levels of noise, smell, disturbance etc.,
  2. Uses which are visually detrimental to the character of the area,
  3. Uses which are not sustainable and are contrary to the general thrust of employment and settlement strategies of the Plan.

5.42 Where home working involves development requiring planning permission assessing proposals against these criteria is likely to restrict employment uses to large dwellings which are capable of accommodating a family as well as a business. These dwellings are also likely to be situated in relatively large curtilages situated either in a defined settlement or close to a defined settlement.

POLICY E8 Working from home

The use of part of a dwelling for employment purposes will only be permitted providing the proposal meets all of the following criteria:

  1. Most of the building is retained as a residential unit of accommodation and the proposed use remains secondary to the residential use;

  2. The business use is not detrimental to the amenities of the occupiers of adjoining/adjacent properties;

  3. The use of the property is not visually detrimental to the character of the area in which it is situated;

  4. The location and level of employment resulting from the proposal does not conflict with the development and full occupation of existing and proposed employment sites in Policy E1 Tables 4 and 5.

Use of existing or new buildings within the curtilage of residential properties for business use

5.49 The use of outbuildings, or the construction of new buildings, for commercial purposes within the curtilage of dwellings would almost certainly be defined as development requiring planning permission. In many locations this form of development is likely to invade the privacy of the occupiers of neighbouring property, even if it is only as a result of movement from the residence to the outbuilding. Using either a new or existing building within the curtilage maybe an acceptable alternative to using accommodation within the dwelling. In these circumstances the size of the accommodation permitted must still allow the residential use to dominate.

POLICY E9 Use of buildings within residential curtilage for business purposes

The use of a building within a residential curtilage for business purposes will only be permitted if the proposal meets all of the following criteria:

  1. The occupier of the house is wholly employed in the building;

  2. The internal space of the building is no larger than that which could be accommodated in the house and retain its primary residential use;

  3. The business use is not detrimental to the occupiers of the adjacent properties;

  4. The use of the property and its curtilage does not result in external activity being introduced that is detrimental to character of the area;

  5. The location and level of employment resulting from the proposal does not conflict with the development and full occupation of existing and proposed employment sites in policy E1.

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