Proposed re-plan of part of site to provide 21 additional smaller units increasing total from 210 approved to 231 (as alternative to part of planning permission 16/00031/OUT and 20/00303/DETAIL).

The Chairman of the Committee (Councillor Maria Fowler) informed the meeting that Councillors Bray and Placey would not be able to take part in the consideration of Item 7 of the Agenda due to them not attending the site visit or the Committee meeting held in August 2023 when the application in question had first been heard. However, they both would be able to remain in the meeting, as they had not declared an Interest.

Councillor Bray recused himself from this application and retired to the public gallery.

Members were reminded that, at the submission stage this application had been for an additional 24 homes and that after consultation with Essex Place services a decision had been made to keep some of the properties as 4 Bedroom Homes as it was felt from a placemaking perspective those, mostly corner, buildings needed to have a greater presence on the street scene. When those plots had reverted to larger properties the Architects drawings had not updated the plot numbering which had continued to show numbering up to 234, the error also was not obvious in the accommodation schedule as it only included part of the site.

The Committee heard that as a result of the above, the total dwellings proposed on site was in fact 231 (3 less than the scheme presented to Members in August 2023). The difference in dwelling numbers therefore result in the following changes:

-        The description of the development changed to:

“Proposed re-plan of part of site to provide 21 additional smaller units increasing total from 210 approved to 231 (as alternative to part of planning permission 16/00031/OUT and 20/00307/DETAIL).”

-        the uplift in dwelling numbers as a result of the replan scheme is 21 (instead of 24)

-        the number of affordable units that would be secured as part of the re-plan scheme equates to a total of 6 dwellings (as opposed to 7 reported to Committee in August 2023). Given that 21 additional dwellings were proposed, a total of 6 affordable units would equate to a proportionate 30% affordable housing contribution and the proposal continued to be in accordance with Policy LP5 of the adopted Local Plan.

-        as a result of the downward revision of the overall dwelling numbers by 3, the proportionate Health and Education contributions would continue to be required to mitigate against the impact of the development. Both the NHS and ECC Education have both been approached for comments and confirmation of the amounts required however at the time of writing the update report the comments remained outstanding.

Members were informed that, in conclusion, the reason to return this application to Committee was a matter of correction in terms of consistency and updating of the information presented to Members previously. That essentially confirmed the reduction of numbers compared to the initial application made that was before Members previously, but given the description changes it was appropriate to seek an updated resolution to ensure no risk of challenge against the decision-making process.

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.

An update sheet had been circulated to the Committee prior to the meeting with details of the recommendation in August 2023 which was as follows:-

The August 2023 committee resolution included the following words:

…approval subject to: the Completion and Transfer of Public Open Space and Maintenance Contribution…’

Officer update: The recommendation on the last page of your update report dated 24 Oct 2023 remains unchanged however Members are requested to note that the replan scheme does not contain any separate or additional public open space and as such there is no need to include a s106 clause seeking the Completion and Transfer of Public Open Space and Maintenance Contribution (because such a requirement will be unnecessary).

Town Councillor Nick Turner, speaking as the adjoining Ward Member, spoke against the application.  

It was moved by Councillor Alexander, seconded by Councillor Fowler and:-

RESOLVED that:-

as a result of the report, the Update Report sought to amend all references in the August 2023 Committee Report (attached to the Update Report) to 234 dwellings down to 231 dwellings, all references to an uplift of 24 units down to 21 units, and all references to 7 affordable dwellings down to 6 affordable dwellings.

The Officer recommendation remained unchanged as set out in the Recommendation section of 1 August 2023 Committee report subject to:

1.     removal of conditions 11 and 12 (as these are secured as s106 planning obligations) and confirmation that NHS and Education contributions are to be secured and shall match the previous scheme amount per dwelling

(The matters in 1 above were requested by Members at the 1 August 2023 Planning meeting when it was resolved to approve planning permission subject to all the conditions and a legal agreement set out above and in section 1 of the August 2023 Committee report).

2.     delegated authority to enable the Planning Service Manager to issue the decision once the NHS and Education comments are available confirming the contributions sought should match the previous scheme amount per dwelling, and once the Section 106 legal agreement has been completed and signed.

3.     removal of the requirement to secure ‘Completion and Transfer of Public Open Space and Maintenance Contribution’ from the matters to be secured as a s106 planning obligation.