Agenda item

The erection of up to 210 dwellings with access from Elm Tree Avenue, including green infrastructure, children's play areas, school drop off and parking facility and other related infrastructure.

Councillor Bucke, present in the public gallery, declared a non-pecuniary interest in relation to Planning Application 16/00031/OUT by virtue of the fact he was a Town Councillor for Frinton and Walton and also by virtue of the fact he was a local Ward Member for the adjacent Holland and Kirby Ward.

Members were reminded that this application had originally been submitted for a scheme of up to 250 dwellings with access from both Elm Tree Avenue and Walton Road. The application had been due to be considered by the Committee on 12 July 2016, however, following a power cut in the village of Weeley which had affected the Council Offices, it was decided the meeting would stand adjourned until 14 July 2016.

Members recalled that, on 14 July 2016, the Committee had resolved to defer consideration of the application to enable negotiations to take place with the developer, with a view to reducing the total housing numbers and the density on the basis that the current proposal was too high and not appropriate for the site.

Members also recalled that during public speaking and subsequent debate, concerns had also been raised about the proposed access onto Walton Road relating to traffic implications for Kirby-le-Soken and the effect of the road cutting through and dividing the proposed public open space at the north of the site.

The Chairman reminded the Committee that only those Members who had considered the application at the meeting held on 14 July 2016 were eligible to consider and determine the application at this meeting.

It was reported that the applicants had now revised the description of the development to reduce the total number of dwellings to up to 210 and had removed the proposed access point from Walton Road (leaving an emergency access only) and had submitted further information in support of the change including a revised layout plan, a revised transport assessment and photographic examples of the proposed type, density and design of dwellings.

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

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

Councillor Bucke, present in the public gallery, raised concerns to the Chairman as to why his email of objection was not detailed in the update sheet along with objections raised by the Kirby-le-Soken Village Preservation Society. The Chairman and the Council’s Head of Planning retrieved those emails and the Council’s Planning Manager (GG) gave details to the Committee of those emails for their consideration.

Members raised concerns in relation to the proposed density which were addressed by the Council’s Head of Planning.

Following discussion by the Committee, it was moved by Councillor McWilliams, seconded by Councillor Bakerand RESOLVED that the Head of Planning (or equivalent authorised officer) be authorised to grant planning permission for the development, subject to the following conditions:

a)         Within six months of the date of the Committee’s resolution to approve, the completion of a legal agreement under the provisions of Section 106 of the Town and Country Planning Act 1990 dealing with the following matters (where relevant):

•    On-site Council Housing/Affordable Housing;

•    Education contribution;

•    Health contribution; and

•    Completion and transfer of public open space and maintenance contribution.

b)         Planning conditions in accordance with those set out in (i) below (but with such amendments and additions, if any, to the detailed wording thereof as the Head of Planning (or the equivalent authorised officer) in their discretion considers appropriate).

(i) Conditions:

1.    Standard 3 year time limit for submission of reserved matters application;

2.    Standard 2 year limit for commencement of development following approval of reserved matters;

3.    Details of appearance, access, layout, scale and landscaping (the reserved matters);

4.    General conformity with the revised illustrative layout diagram;

5.    Layout and phasing plan/programme;

6.    Development to contain up to (but no more than) 210 dwellings;

7.    Highways conditions (as recommended by the Highway Authority);

8.    Archeologic trial trenching and assessment;

9.    Contamination survey;

10.  Ecological mitigation/enhancement plan;

11.  Foul water strategy;

12.  Surface water drainage scheme for construction and occupation phases;

13.  SuDS maintenance/monitoring plan;

14.  Hard and soft landscaping plan/implementation;

15.  Details of lighting, materials and refuse storage/collection points;

16.  Broadband connection; and

17.  Local employment arrangements. 

c)         That the Head of Planning (or the equivalent authorised officer) be authorised to refuse planning permission in the event that such legal agreement has not been completed within the period of six months, as the requirements necessary to make the development acceptable in planning terms had not been secured through a Section 106 planning obligation.

d)       That any reserved matters application for this development be submitted to the Committee for its consideration.

e)       That the following informatives be sent to the applicant:

·         No more than two storey buildings; and

·         No shared surfaces