Agenda item

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 (NPPF) was clear that if a Council did not have a 5YHLS relevant policies were considered to be out of date until a 5YHLS was achieved. However, it was still necessary to consider whether the adverse impact of granting planning permission were outweighed by the benefits. In respect of an appeal, it was noted that an Inspector would look at situation and policies at the time the appeal was heard.

·                ECC Highways confirmed that the drive was towards sustainable transport methods for planning applications, with pedestrian and cycle routes being prioritised over vehicular. It was noted that the onus was on developers to provide sustainable links to their sites. The current application had shown that there wouldn’t be an impact on the transport network.

·                Policy S2 in the Local Development Plan referred to the sustainable extensions to Maldon, Burnham-on-Crouch and Heybridge reflecting their role as employment, retail and service centres along with their level of accessibility, environmental and infrastructure constraints. Officers’ assessment of this site came from the fact it would be an extension to Maldon town (the main settlement within the District) and the site had less constraints than others within the district, being that it was close to a bus network, employment land and one of the main towns in the District.

·                In response to questions regarding specific highways assessments / validations the Director of Place, Planning and Growth explained that these related to evidence traditionally required for local plan making and not assessing a development management application. Members were referred to paragraph 116 of the NPPF which was clear in terms of the test that ECC Highways had to use when assessing an application such as this.

·                The proposed development was expected to generate around 150 departures in total at the peak time. Members were advised that this was typical of a housing development of this size on the edge of a town. It was clarified that a capacity assessment would be undertaken and having checked the modelling ECC Highways were satisfied that there would not be any impact from the proposed 210 dwellings.

·                In respect of the impact on adjacent dwellings, the Development Management Team Leader highlighted the substantive buffer proposed around the site, properties and adjacent dwellings. In respect of use by the development, the existing Maldon Hall Farm Road would only be used by pedestrians and cyclists. It was noted that this was a private access road, and the layout would be agreed as part of the Reserved Matters application.

·                Concern was raised regarding the lack of infrastructure for accessing health services, education etc. and Members were advised by ECC Highways that their consultation response had been based on the data which was representative of what was happening in the Maldon area.

Councillor N J Swindle left the meeting and returned to the chamber during this item of business. The Chairperson advised that because of this Councillor Swindle would not be able to take part in the vote on this application as she had not been present for the entirety of the debate.

At this point the Chairperson advised that following a discussion with the Monitoring Officer she would be adjourning the meeting following consideration of this item of business. Any remaining business would stand adjourned to a future meeting of the Committee in the new year, time and date to be confirmed.

The Chairperson then advised that she was adjourning the meeting for a short comfort break.