Application under Section 73 of the Town and Country Planning Act, to allow a variation of Condition 1 (Approved plans) of 17/01482/DETAIL to replace drawing numbers 102 and 2 Rev. E with drawing numbers 102 Rev. A and 2 Rev. F.

Committee members were told that the application was before Members at the request of the Head of Planning and Building Control, as he deemed it to be in the public interest.

Members were also told that the application sought a variation to the reserved matters regarding Bellway Homes’ Henderson Park development of 98 homes off Landermere Road, Thorpe-le-Soken. The application concerned only a very small portion of the site on the eastern boundary, at the end of Henderson Road being approximately 0.018 hectares of the overall site area of 5.6 hectares. That portion of the site formed part of the perimeter landscaping and open space as originally approved.

The Committee heard that the proposed variation sought to remove a small section of hedgerow and lawned area on the eastern perimeter to enable that to accord with the approved Henderson Road connection to the adjacent development for 28 bungalows currently under construction. While the approved road link already superseded, in part, the affected area, the variation updated the open space plan that the original reserved matters and Section 106 agreement for the 98 homes referred to.

Members were informed that, although the site technically formed part of the overall open space provision as originally approved, due to its small size, peripheral siting, and juxtaposition with the defined areas of amenity space and play area elsewhere on the site, the removal of that section, in the opinion of Officers, would not result in any material harm to the useability or the amenity value of the open space for residents and it was a significant material consideration that this judgement had already taken place when the 28 bungalows and associated road link had been decided.

Members also heard that the resultant open space would continue to provide ample, usable open space provision in excess of Local Plan Policy DI1 requirements for a development of that size.

Officers told Members that, the proposed variation would not alter the existing layout or situation to an extent that would result in any harm to residential amenity, including pedestrian or highway safety.

The Committee was made aware that the planning obligations associated with the development were secured via a Section 106 Legal Agreement attached to the outline consent. The application sought a variation to the reserved matters application and a variation to the original Section 106 Agreement was not therefore required.

Finally, Members heard that for the reasons set out above, in the absence of any material harm resulting from the development, the application was recommended by Officers for approval.

The Committee had before it the published Officer report containing the key planning issues, relevant planning policies, planning history, any response from consultees, written representation received and a recommendation of approval.

At the meeting, an oral presentation was made by the Council’s Senior Planning Officer (AL) in respect of the application.

An update sheet had been circulated to the Committee prior to the meeting, with details of the correction to a drawing number at Paragraph  ...  view the full minutes text for item 89