Agenda item

Outline application (all matters reserved except means of access) for the redevelopment (including demolition) of the site for up to 950 residential units (including affordable housing) with a new Neighbourhood Centre comprising a local healthcare facility of up to 1500sqm NIA and up to 700sqm GFA for use classes E(a) (shops), E(b) (food and drink) and/or a Class F.2 community centre; a 2.1ha site for a new primary school; and associated roads, open space, drainage, landscaping and other associated infrastructure.

For the public record and in the interests of transparency, the Committee Services Manager (IF) stated that he was a resident living in the near vicinity to this application site. He confirmed that he had played no active part in the processing of this application in either his professional capacity as an Officer of the Council or in his private capacity as a resident of St. John's Road.

The Committee was told that at a Planning Committee meeting held on 7 June 2022 Members had resolved that planning permission be granted for the development referred to in the application, subject to a 6-month time limit (from the June 2022 resolution) to allow the completion of a legal agreement under the provisions of section 106 of the Town and Country Planning Act 1990 and dealing with the matters set out under paragraph 1.10 of the Officer report.

Members were informed that the agreement had taken significantly longer than anticipated, primarily due to unresolved matters between Essex County Council (ECC) Highways in respect of a Travel Plan Monitoring Fee, areas of dispute between the Developer and ECC Education as well as legal and site value implications in respect of an overaged clause. All those matters had now been satisfactorily resolved and had been confirmed in writing by all respective signatories to the legal agreement. The latest draft section 106 legal agreement was now ready to be signed by all parties. The Committee was told at the meeting by way of confirmation that the Section 106 had agreed and confirmed by all signatories.

Officers told the Committee that, as it had been over 6 months since the Planning Committee’s original resolution, and following legal advice, it was necessary for the application to revert to Members for consideration, and specifically to seek authority from the Planning Committee to issue the outline consent now that the section 106 legal agreement was ready for engrossment.

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 Team Leader (JJ) in respect of the application.

There had been no Officer updates circulated to the Committee prior to the meeting on this application.

Stuart Willsher, the applicant’s representative, spoke in support of the application.

It was moved by Councillor Harris, seconded by Councillor White and:-

RESOLVED that the Head of Planning & Building Control be authorised to grant planning permission for the development, subject to:-

a)      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):

•       20% On-site Affordable Housing

•       Provision of land on-site for a new healthcare facility or a £554,900 financial contribution towards its provision. [In the event that the land is not required, the financial contribution will be spent on health facilities elsewhere (to be determined by the NHS);

•       Transfer of new open space, including proposed equipped play areas to the Council or a management company;

•       Land for a new primary school and early years and childcare facility on site with financial contributions towards the provision of those facilities;

•       Financial contributions to create additional secondary school places;

•       New neighbourhood centre; and

•       Financial contributions towards RAMS and off-site ecological mitigation.

•       A £500,000 financial contribution towards public transport provision

•       Provision of a Residential Travel Plan monitoring fee

b)    the conditions stated in section 8.2 of the Officer report, subject to the amendment to condition 2 made at this meeting, 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; and,

c)     the informative notes as may be deemed necessary.