Agenda item

To consider the report of the Director of Service Delivery, (copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update that since the agenda had been published amendments had been made to the Committee Report regarding Housing Mix and Affordable Housing, further representations from Parish Town Councils and Interested parties had also been received.

Prior to her presentation the Officer provided a verbal update, informing the Committee of a correction to paragraph 5.3.17 of the Members’ Update, stating that where it reads 25% of the entire site will be first homes, it should read 10% of the entire site and 25% of the affordable which equates to five dwellings. She then gave further elaboration on the ownership issues addressed in the MP letter received that had already been addressed in the Members’ Update.

Following the Officers presentation, the Agent, Mr Schmull, an Objector, Mr Kewish and Parish Council representative, Councillor Wardrop addressed the Committee. The Chairperson then opened the floor for debate.

Councillor S J N Morgan proposed to refuse the application contrary to the Officers recommendation as the development would be contrary to polices S1, S8 and D1 of the Maldon District Local Development Plan, this was duly seconded by Councillor S White J C Hughes[1].

A lengthy debate ensued, during which Members commented and raised questions in relation to the application and aired concerns specifically around the affordable housing proposed. In response to the debate, Officers provided the Committee with the following answers:

•           If the applicant were to reduce the current level of affordable housing stated on the application back to ae policy complaint level rather than an over provision, then the application would need to be brought back to Council to be looked at afresh.

•           The previous Inspector stated that this is one of the most sustainable sites within the District for the provision of housing.

•           Regarding Health Care infrastructure, contributions would be provided by the applicant through the planning process and put towards the existing infrastructure.

•           Garden sizes would be addressed at the reserved matters stage and the applicant would be expected to ensure that the garden sizes are acceptable and ensure that 25m back-to-back distances are provided.

•           In relation to the removal of 78 category B trees on the site there have been no concerns raised by the arboricultural consultant. Additional tree planting would be provided to mitigate against the loss.

•           Native hedgerow would be planted around the site to replace that removed in the construction process to ensure there is no loss to net biodiversity.

There being no further debate the Chairperson put Councillor Morgan’s proposal to refuse the application contrary to the Officers’ recommendation to the Committee and upon a vote being taken, this was agreed.

Officers requested the Policies that Members sought to refuse the application against, and Members confirmed that Policies S1, S8 and D1 of the Maldon District Local Development Plan as well as Policies WBEn 02, WBEn 03, WBEn 04, WBF 02, WBF 03, WBH 01 of the Wickham Bishops Neighbourhood Development Plan. The reason for refusal was that the site lies outside of the settlement boundary, and the benefits of the development, given the limited over provision of affordable housing, would not outweigh the harm.

It was also confirmed that the necessary reasons for refusal relating to a lack of signed S106 agreement should be included with specific reference to Neighbourhood Plan Policy WBEn 01 in respect of the Essex Coast Recreational Avoidance Mitigation Strategy.

RESOLVED that the application be REFUSED for the following reasons:

1.         The site lies outside the settlement boundary and the benefits of the development, most notably the over provision of affordable housing, would not outweigh the adverse impacts of the development. Therefore, the development is contrary to Policies S1, S8, and D1 of the Maldon District Local Development Plan as well as Policies WBEn 02, WBEn 03, WBEn 04, WBF 02, WBF 03, WBH 01 of the Wickham Bishops Neighbourhood Development Plan.

2.         In the absence of a completed legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990 the proposal includes inadequate provision to secure the delivery of affordable housing to meet the identified need in the locality, address the Council's strategic objectives on affordable housing and supporting a mixed and balanced community, contrary to Policies S1, H1 and I1 of the Maldon District Local Development Plan and Government advice contained within the National Planning Policy Framework.

3.         In the absence of a completed legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990 to secure the completion, management and maintenance of the public open space, the provision of any necessary contribution towards health care provision, securing any necessary contribution towards Early Years and Childcare, primary and secondary school placements, provision for school transport contribution and the provision of a contribution to library improvements, the impact of the development cannot be mitigated contrary to Policies S1, D1, N1, N3, I1 and T2 of the Maldon District Local Development Plan and Government advice contained within the National Planning Policy Framework.

4.         In the absence of a completed legal agreement pursuant to Section 106 of the Town and Country Planning Act 1990, securing a necessary financial contribution towards Essex Coast Recreational disturbance Avoidance and Mitigation Strategy or an appropriate mitigation strategy to overcome the impacts of the development on the European designated nature conservation sites, the development would have an adverse impact on those European designated nature conservation sites, contrary to Policies S1 and I1 of the Maldon District Local Development Plan,  the NPPF and Policy WBEn 01 of the Wickham Bishops Neighbourhood Development Plan.