Agenda item

To consider the planning application and recommendations of the Chief Executive (copy enclosed, Members’ Update to be circulated).

Following the Officer’s presentation of the report, Mr M Porter, representing Tolleshunt Knights Parish Council and Mr P McIntosh, the Applicant’s Agent, both addressed the Committee.

Members debated this application and raised a number of questions to which the Officer responded:

·         The footpath was referred to in the Members’ Update, but was not included in the reasons for refusal

This application included a footbridge which would give greater connectivity in the wider area and, as this issue had been addressed, it was not included as a reason for refusal;

·         Flood risk

The development is sited outside of the flood risk area and the Environment Agency had not raised any objection.  Therefore, this reason for refusal had been removed from this application;

·         Layer Brook connected to Abberton Reservoir.  Was there a risk of contamination?

Environmental Health had assessed this application and had raised no objections, but had recommended that if this application was approved then conditions regarding contamination be included;

·         Japanese Knotweed

This was dealt with outside of planning legislation;

·         Wildlife

The previous application had mentioned badgers and, if necessary, this could be dealt with by way of condition.  However, as it was not previously a reason for refusal it could not now be introduced as one.

Concern was raised that even though the housing was not in a flood area, the public open space and play area of the proposed development was.  Members considered that the site was not sustainable and drew attention to the Parish Council’s opinion that the proposed development would be detrimental to the existing community.

RESOLVED that this application be REFUSED for the following reasons:

1          At present, the application site prevents the coalescence of Tolleshunt Knights and Tiptree where it falls under the jurisdiction of Colchester Borough Council.  It is considered that the proposed development would fundamentally alter the open character of the north western edge of the village of Tolleshunt Knights, contrary to policies S1, S8, D1 and H4 of the Maldon District Local Development Plan and Government advice as contained within the National Planning Policy Framework. 

2          The application site is in a rural location outside of the defined settlement boundary for Tolleshunt Knights where policies of restraint apply.  The Council can demonstrate a five year housing land supply to accord with the requirements of the National Planning Policy Framework.  The site has not been identified by the Council for development to meet future needs for the District and does not fall within either a Garden Suburb or Strategic Allocation for growth identified within the Local Development Plan to meet the objectively assessed needs for housing in the District.  If developed, the site would be disconnected and isolated from the existing settlement, which has limited access and connectivity with the existing village thus would represent an unsustainable form of development.  The proposed development would fail to protect and enhance to the character and appearance of the rural area and the built form would have an urbanising effect resulting in an unwelcome visual intrusion into the undeveloped countryside, to the detriment of the character and appearance of the rural area.  Further, the application site is not considered to be in a sustainable location due to lack of footways, together with the distance to local services / facilities means that there would not be a safe or convenient pedestrian access to local services / facilities and it is likely that there would be greater reliance on the private car.  The proposal would therefore be contrary to policies S1, S2, S8, D1, H4 and T2 of the Maldon District Local Development Plan; and the three dimensions to sustainable development as contained within the National Planning Policy Framework.

3          In the absence of a signed legal agreement the development makes no contribution for affordable housing, maintenance and management of the public open space and children’s play area, footpath / cycle link and the provision of bus stops which would be required with respect to mitigating the wider impacts of the development on local infrastructure and townscape.  As such the proposal is considered to be contrary to policies H1 and I1 of the Maldon District Local Development Plan and Government advice contained in the National Planning Policy Framework.