Agenda and draft minutes

The Chairperson welcomed everyone to the meeting, went through some general housekeeping arrangements for the meeting and drew Members attention to the Members’ Update which had been circulated prior to the meeting.

Members were introduced to Mr Bradley and Mr Johnson from Essex County Council Highways, who were in attendance to answer any questions that the Committee had In respect of the applications being considered.

Apologies for absence were received from Councillors V J Bell, S J Burwood, J C Stilts and S White.

To confirm the Minutes of the meeting of the District Planning Committee held on 16 October 2025 (copy enclosed).

RESOLVED that the Minutes of the meeting of the District Planning Committee held on 16 October 2025 be approved and confirmed.

To disclose the existence and nature of any Disclosable Pecuniary Interests, Other Registrable interests and Non-Registrable Interests relating to items of business on the agenda having regard to paragraph 9 and Appendix B of the Code of Conduct for Members.

(Members are reminded that they are also required to disclose any such interests as soon as they become aware should the need arise throughout the meeting).

Councillor S Dodsley declared an interest in Agenda Item 5 - 25/00578/OUTM - Land West of the Cemetery, London Road, Maldon, advising that she considered herself predetermined in relation to this application. On the advice of the Monitoring Officer, she had requested to speak as a member of the public on this application as she had been involved in the related campaign. Councillor Dodsley advised she would leave the chamber having spoken and not partake in the debate or vote.

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

Following her detailed presentation of the application, the Development Management Team Manager drew Members’ attention to the Members’ Update which highlighted a number of updates and additions to the previously published report.

Mrs Dodsley an objector, and Mr Cavanagh the Applicant then addressed the Committee.

Having addressed the Committee and in accordance with her earlier declaration Councillor S Dodsley left the chamber and did not return.

The Chairperson advised that four further requests to speak had been received but these were rejected in accordance with the Council’s public participation scheme.

In accordance with Procedure Rule No. 13 (3) Councillor M E Thompson requested a recorded vote. This was duly seconded and agreed.

During the very lengthy discussion that followed a number of Members spoke raising concerns in relation to a number of areas, which included Highways and the impact of the proposed new access, compliance with the Local Plan and National Planning Policy Framework (NPPF), impact on the surrounding landscape and sustainability. In response to the discussion and questions raised Officers, including those from Essex County Council (ECC) Highways provided the following information:

·                Access to the proposed development was required and it had been assessed that the only potential access was on the A414. ECC Highways explained that assessment of the proposal had been made in terms of whether the application was safe and efficient on planning terms, and they had determined there was no basis for objection.

·                Although the land was allocated within the Local Plan as being for community facilities, Officers had to weigh this against the benefits that the housing would bring. It was noted that the development included a nursery and cemetery expansion which would be for community use.

·                In response to a question regarding redesignating part of the land, the Director of Place, Planning and Growth explained that within Local Plan designation Section 38(6) allowed the Planning Authority make material considerations. He provided further detail regarding this and reminded Members that this application had been advertised as a departure from the Local Plan.

·                Members were reminded that prior to the Governments revised standard methodology for calculating housing need the Council could easily demonstrate over Five-Year Housing Land Supply (5YHLS). The Director of Place, Planning and Growth advised that the latest calculation showed that the Council could demonstrate 4.14 years. Officers explained that the National Planning Policy Framework  ...  view the full minutes text for item 422.

RESOLVED that the meeting be adjourned at 9:28pm for a short break.

RESOLVED that the meeting of the District Planning Committee be resumed at 9:40pm in open session.

The Chairperson proposed that the application be approved, in accordance with the Officers’ recommendation. This proposal was not seconded.

Councillor A T Fittock outlined his concerns regarding this application and proposed that the application be refused, contrary to Officers’ recommendation, for reasons that it did not meet Policies S1 (Sustainable Development, S2 (Strategic Growth), S8 (Settlement Boundaries in the Countryside) and D1 (Design Quality and Built Environment). This proposal was duly seconded.

In response to a further question regarding the impact of the development on the landscape, character and countryside setting of Maldon, the Development Management Team Manager advised that Officers were not suggesting that there would not be any harm, it was acknowledged that there would be some impact on the land. However, when reviewing these against the planning benefits Officers were of the view that this wouldn’t constitute a reason for refusal.

At this point the Chairperson sought nominations for a Member(s) who would be involved in any subsequent appeal relating to this application, should it this application be refused and the decision subsequently appealed. It was confirmed that this would be Councillor J Driver.

The Chairperson referred to the Constitutional Brake and that the Committee would need to vote on what it was minded to do at this point, unless Officers were content that the could use the reasons for refusal already stated. The Director of Place, Planning and Growth provided a summary of the discussions that had taken place and Members’ concerns regarding this application. He spoke about the Constitutional Brake and made some suggestions that Members may wish to consider in order for Officers to resolve with the applicant of some matters raised.

Further debate ensued. In response to a question regarding whether the Highways Authority would reconsider their recommendation, the Highways Officer advised they would not and explained how they had reviewed the transport assessment submitted with the planning application, been back to the developer a number of times in terms of changing some things they thought wrong and arrived at a position that they believed was representative of what would occur on the network. Highways had to then test that against their section of the NPPF which was the position reflected in their recommendation. It was requested that details of this background information be provided to Members.

The Chairperson then asked Members for a show of hands to confirm if the Committee was minded to go against the Officer recommendation and vote for refusal. Upon a show of hands being taken, the Chairperson advised that the majority of Members had indicated they were minded to refuse the application. She advised that the Constitutional Brake would therefore be invoked.

The Director of Place, Planning and Growth provided some further guidance in respect of applying the Constitutional Brake and the need to consider appropriate reasons for refusal that linked to the Local Plan and NPPF. In response to a point of clarity the Director of Legal and Governance (Monitoring Officer) advised that when the application  ...  view the full minutes text for item 425.

In accordance with Procedure Rule 1(6) the Chairperson advised that she was adjourning the meeting. The meeting would continue in the New Year, at a date to be confirmed, where all outstanding business would be considered.

RESOLVED that the meeting be adjourned at 10:15pm to a future meeting of the District Planning Committee.