Agenda item

Proposed erection of 9 no. dwellings, comprising 6 no. affordable and 3 no. market houses.

This application is before Members at the request of Councillor Scott due to concerns with parking provision, surface water flooding, loss of privacy to existing residents and highway safety issues.

This application was before the Members at the request of Councillor Scott due to the concerns with parking provision, surface water flooding, loss of privacy to existing residents and highway safety issues.

The planning application had been submitted on behalf of Orwell Housing for the proposed development of 9 no. dwellings (comprising of 6 no. affordable housing and 3 no. market houses) on land at Badley Hall Farm, Great Bromley.

The proposal would be served by the existing access, through the existing Robinson Close development approved as an affordable rural exception sit under application references 16/00782/OUT & 18/00974/DETAIL, comprising of 24 units, including 16 affordable dwellings.

The site is outside, but directly adjacent to the Great Bromley Settlement Boundary, and the majority of the site benefits from a Permission in Principle (PiP) under planning reference 21/00150/PIP, for the erection of 9 dwellings. A full application is made as the red lined site area has increased by 0.1ha to that originally approved under the PiP application. The scheme is submitted as a ‘rural exception housing’ scheme.

The application had essentially sought permission to extend the existing Robinson Close housing development. Although the red lined site area had increased slightly, the principle of development for 9 dwellings on the majority of the application site had been established through the PiP approval. In the main body of the report below, the reasons were given, it was considered that the slight increase of the site area would not amount to any significant visual or landscape harm beyond the extent of development already assessed through the approved PiP.

The Parish Council had raised their concerns with the development due to the lack of local need for affordable homes. However, the Council’s Housing Register showed that there were currently 251 households who would have liked to be offered a property in a village of Great Bromley. It was given that the rural exception nature of the development proposal the recommendation was subject to a legal agreement which included a clause for a sequential approach to finding occupants for the affordable housing units who met the definition of a “Local Person” (set out below).

This application was supported by the necessary technical reports to demonstrate that the development was acceptable in terms of ecology, trees and drainage. The Highway Authority raised no objection.

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 Officer (AL) in respect of the application.

There has been no updates circulated to the Committee prior to the meeting.

Greg Dodds, the applicant’s representative, spoke in support of the application.

Claire Hughes, on behalf of Chris Jay, a member of the public, spoke against the application.

Parish Councillor Fred Nicholls, on behalf of Great Bromley Parish Council, spoke against the application.

Councillor Gary Scott, the “Caller-in” and a Ward Member, spoke against the application.

Following the discussion by the Committee, it was moved by Councillor Alexander, Seconded by Councillor Placey and:-

RESOLVED that:

(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 on appropriate terms as summarised below and those as may be deemed necessary to the satisfaction of the Planning Manager:

-        RAMS financial contribution of £156.76 per dwelling x 9 = £1,410.84 (index linked) toward recreational disturbance at the Colne Estuary (Mid-Essex Coast Phase 2) Special Protection Area (SPA) and Ramsar sites;

-        On-site affordable housing provision of 6 units (2 x rented, 4 x Shared ownership) to be managed by Orwell Housing. No requirement for an option in the s106 for the Council to purchase the units; and,

-        Affordable housing occupation – No affordable housing unit shall be occupied other than by a “Local Person”. In the event that, following a marketing period of two months, a Local Person cannot be found to occupy an affordable housing unit, the Landowner (only if they are an approved body) may offer the affordable housing unit to residents or workers in the “Surrounding Parishes” who would qualify as a “Local Person”. In the event that, following a further marketing period of one month (beyond the initial two months) a Local Person in the Surrounding Parishes cannot be found, the unit may be offered to residents or workers in any other location within the Tendring District. In the event that, following a further marketing period of one month (beyond the initial two months and subsequent one month) a qualifying person from within the Tendring District cannot be found, the affordable unit may be offered to any person considered by the landowner to be in need of such accommodation; and,

Local Person means:

• A resident of Great Bromley who has lived there for a continuous period of three years or more, or a former resident of Great Bromley who had lived in the Parish for a continuous period of three years or more within the preceding five years; or

• A direct relative, partner or dependant(s) of a resident of Great Bromley who has lived there for a continuous period of three years or more (for the purposes of this qualification a direct relative means parent(s) or child(ren)); or

• Any person who is and has been working in the Great Bromley Parish for a continuous period of three years or more.

Surrounding Parishes means:

• the parishes of Little Bromley, Ardleigh, Little Bentley, Frating, Elmstead and Great Bentley.

(b)   The Planning Manager be authorised to grant planning permission upon completion of the legal agreement subject to conditions as stated in Section 8.2 of the Officer report or varied as is necessary to ensure the wording is enforceable, precise and reasonable in all other respects, including appropriate updates, so long as the principle of the conditions as referenced is retained.

(c)   The informative notes as may be deemed necessary.

(d)   That the Director of Planning be authorised to refuse planning permission in the event that such legal agreement has not been secured within the period of 6 months on appropriate grounds at their discretion.