Agenda item

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

The Chairperson informed the Committee that there was no Members’ Update for this item of business. She explained that unless discussed at the last meeting no further reasons for refusal could be added and those Members not present at the last meeting could not speak or vote on this item.

The Head of Development Management and Building Control introduced the report and drew Members to paragraph 2.7 which set out two possible reasons for refusal bringing together the concerns raised by the Committee in respect of highway impact and the impact on the character and appearance of the area. He explained that being in a minded to refuse position and without a signed / agreed Section 106 (S106) paragraph 2.8 of the report listed matters relating to the S106 which would form a further reason for refusal.

The Chairperson advised that in accordance with the Council’s Public Speaking Protocol there was no public speaking on this application.

The Director of Place, Planning and Growth outlined the process for this meeting following discussions and the minded to decision at the District Planning Committee on 16 December 2025. It was confirmed that Councillors J Driver and A Fittock would be the nominated Members.

It was noted that paragraph 1.1 of the report incorrectly referred to “applications” rather than just one.

In response to a question regarding specialist advice, Members were advised that if the application was refused, and subsequently appeals, a planning consultant would be appointed to support Members at the appeal.

During the debate that ensued there was some discussion regarding whether an additional reason for refusal relating to infrastructure should be considered in light of discussions, with specific reference made to education and health infrastructure. Concerns were raised that contributions sought were piecemeal, therefore not promoting sustainable development because they could not mitigate for infrastructure of the area. Officers provided detailed advice in relation to this and explained that any Section 106 contributions had to be fair and reasonably related in scale to the proposed development. Whilst Members felt that the contributions proposed would not adequately mitigate the development in the short / medium term as it would require a number of developments to contribute before the infrastructure could be provided. Officers advised that such comments had not been raised by the relevant infrastructure providers.

Officers confirmed that they would continue discussions with Essex County Council (Education) regarding education provision within the district.

Reference was made to paragraph 2.3 of the report which commented on Members previous concerns regarding infrastructure. Members were advised that this could be used as a reason for refusal. It was suggested that should Members be mindful to refuse the application paragraph 2.3 along with the reasons set out in paragraphs 2.7 and 2.8 of the report could form three reasons for refusal with the exact wording delegated to the Director of Place, Planning and Growth in consultation with specific Members.

Councillor A S Fluker proposed that contrary to Officers’ recommendations the application be refused on the basis of paragraphs 2.7 and 2.8 and the narrative in paragraph 2.3 of the report, subject to the wording being agreed by the Director of Place, Planning and Growth in consultation with the Chairperson of this Committee  and the two nominated Members involved in any subsequent appeal (Councillors J Driver and A Fittock). This proposal was duly seconded and upon a vote being taken agreed.

RESOLVED that this application be REFUSED for the reasons detailed in paragraphs 2.7 and 2.8 and the narrative in paragraph 2.3 of the Committee report, the detail of which is delegated to the Director of Place, Planning and Growth in consultation with the Chairperson of this Committee and Councillors J Driver and A Fittock (the Committee nominated Members involved in any subsequent appeal relating to this application) and Ward Members[1].