Issue - meetings

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

The Chairperson advised that due to an error in the voting process at the last meeting of this Committee, it was being brought back to the Committee for reconsideration as a fresh application, rather than following the constitutional brake applied at the last meeting. The report advised that the Monitoring Officer had advised that this application must be reconsidered in full in line with the Council’s Constitution to ensure a lawful decision is made. The Chairperson clarified that all Members present were able to speak and vote on the application whether present at the last meeting or not.

The Head of Service: Development Management and Building Control presented the report and drew Members’ attention to the Members’ Update that had been circulated prior to the meeting. The Update reported that the applicant had submitted a revision to the housing mix of market housing and the Update provided further details in respect of the proposed change. It was noted that the layout of the development would not change, and the only alterations related to the modifications in building types proposed for the one-bedroom dwellings. The Head of Service reported that Officers were satisfied that the amendment did not materially change the application, and it was noted that therefore no further public consultation was required. Should Members be mindful to approve the application subject to the amendments detailed in the Update, appropriate planning conditions would be attached to the decision notice to confirm the mix of market housing and associated drawing numbers.

Following the Officers’ presentation, the Agent Mr Smith addressed the Committee.

During the debate that ensued further points of clarification were provided in response to questions from Members, these included:

·                There would be six one-bedroom dwellings provided by the proposed development, these were a mix of market and affordable social housing dwellings.

·                A consultation response had been received from Essex County Council Education and the report provided details of the proposed contributions in respect of early years, primary and secondary education. These figures would form part of the Section 106 agreement, should Members be mindful to approve the application.

·                The detail of proposed Electric Vehicle (EV) charging points along with their location (including within communal areas) would be included as a condition.

Councillor A S Fluker proposed that the application be approved, in accordance with the Officers’ recommendation. This proposal was duly seconded.

Following further discussion, the Chairperson moved the proposal in the name of Councillor Fluker, subject to the amendments detailed in the Members’ Update and additional conditions detailed. Upon a vote being taken this was duly agreed.

RESOLVED that this  ...  view the full minutes text for item 200

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

The Members’ Update circulated prior to the meeting provided Members with an update regarding Section 106 (S106) contributions, relevant consultee comments and addressed a discrepancy in the Committee report, this was duly noted.

Following the Officers’ presentation the Agent, Mr Smith addressed the Committee.

During the debate that ensued and in response to questions and some concerns raised, Officers provided the following information:

The application was not counted as part of the strategic site as it was windfall development and whilst small would help towards the Council’s Five-Year Housing Land Supply.

The development would have a landscape management plan in respect of the garden suburbs details, which would be for the S106 agreement to obtain. Officers were unable to provide details regarding how the upkeep and maintenance would be funded as this was not part of the planning application.

The study space had been reduced in size so it was unlikely these developments would be marketed as two-bedroom.

In response to concern about section 3.3.1 of the Members’ Update and whether the developer would have to pay the contribution towards education and if it was subject to the S106 agreement, Members were advised that this currently was an unknown element as the challenge had only recently been received and Officers had not yet reconsulted with Essex County Council Education.

Reference was made to the Car Parking Supplementary Planning Document and the requirement to having EV (Electric Vehicle) charging points in communal areas. In response, the Officer suggested this could be conditioned, to require a certain number in communal areas as part of the development.

At this point Councillor A S Fluker proposed that Members agree the Officers’ recommendation and approve the application. This proposal was duly seconded.

The Chairperson put the Motion to approve the application to the Committee and upon a vote being taken declared that this was unsuccessful with the majority voting against it. As it therefore appeared that the Committee were mindful to refuse the application and overturn the Officer recommendation of approval, the Chairperson advised she was therefore applying the Constitutional Brake Clause, as provided for in the Committee’s Operating Protocol. The application was therefore deferred, and a report would be brought back to a subsequent meeting of the Committee.

In response to questions raised, guidance and advice was provided to the Committee in respect of the Constitutional Brake. Following this the Chairperson clarified for this application that the Constitutional Brake had been applied.

RESOLVED that the Constitutional Brake Clause be applied, and consideration of this application is therefore DEFFERED to a subsequent meeting of the District  ...  view the full minutes text for item 160