Agenda item

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 Planning Committee.