To enable Council to consider the recommendation of the Tendring / Colchester Borders Garden Community Joint Committee that the modified version of the Garden Community Development Plan Document and the accompanying Policies Map be formally adopted by Tendring District Council.

Members were informed that, at its meeting held on 1 May 2025, the Tendring / Colchester Borders Garden Community Joint Committee (“the Joint Committee”) had considered a detailed report that had sought the Joint Committee’s recommendation that the Tendring / Colchester Borders Garden Community (TCBGC) Development Plan Document (DPD), with specific modifications, be formally adopted by Tendring District Council and Colchester City Council (“the Councils”). This had followed on from the receipt of the Planning Inspector’s final examination report.

It had been reported to the Joint Committee that, following examination hearings in May 2024, and consultation on the recommended Modifications in September/October 2024, the Planning Inspector had issued his Final Report on the soundness and legal compliance of the DPD.  With the incorporation of the Inspector’s final set of Main Modifications, the DPD had been found to be sound and legally compliant.  This conclusion to the examination now gave the Councils the ability and authority to proceed to formally adopt the Plan.

It was believed by the Joint Committee that the adoption of the DPD would provide an up to date, robust and sustainable basis for guiding future growth and development within the Garden Community – with future planning applications being considered and determined, by the Joint Committee, against the policies and proposals within the DPD in decision-making.

The Joint Committee had been advised that the modifications required by the Inspector had not departed substantially from those that had been reported to the Joint Committee on 5th September 2024 and subsequently published for consultation. The Inspector had however highlighted four Main Modifications as being of particular significance within the summary of his report, those being:-

•    Amending GC Policy 1 to clarify that should the provision of the Park and Choose facility be located south of the A133 it should not prejudice the full and comprehensive expansion needs of the University of Essex (UoE) (MM11);

•    Amending GC Policy 2 to ensure that the minimum requirement of 10% Biodiversity Net Gain (BNG) was met across the masterplan area as required by current legislation (MM90);

•    Amending GC Policy 7 to ensure that the DPD carried forward the requirements of the North Essex Authorities’ Shared Strategic Section 1 Plan 2021 (NEASSS1P) to secure funding and delivery of the Rapid Transit System (MM60); and

•    Removing reference to a potential future Community Infrastructure Levy (‘CIL’) charging schedule, which would be subject to a separate independent examination (MM91).

In addition, it had been reported that four proposed Modifications (namely MM14 to MM17 which related to amendments to the DPD Policies Map) that had been the subject of consultation, had been removed by the Inspector from his final Main Modifications.  Those had been removed as the Policies Map was not defined in statute as a Development Plan Document and therefore the Inspector had not the power to recommend Main Modifications to it.  Notwithstanding this, those changes were required to correct typographical errors and ensure that the relevant policies were effective, and the Inspector had noted the need to implement those changes.  The Policies Map would therefore still be updated accordingly to reflect the changes that had been published for consultation.

Members of the Joint Committee had been informed that except for the above noted removal of MM14 - MM17 from the recommended Modifications relating to the Policies Map, all other Main Modifications recommended by the Inspector had remained consistent with those published for consultation. The Main Modifications had ensured that the plan had been positively prepared, justified, effective and was consistent with national policy.  The DPD had therefore been modified to reflect the Inspector’s Main Modifications, and the Joint Committee had been asked to recommend to Full Council at both Tendring District Council and Colchester City Council its formal adoption.

It had been RESOLVED by the Joint Committee:-

“That the Tendring Colchester Borders Garden Community Joint Committee –

a)  notes the outcome of the examination of the Tendring Colchester Borders Garden Community Development Plan Document (DPD), as set out within the Inspector’s final report (attached as Appendix 1), and the final schedule of Main Modifications (attached as Appendix 2) and notes to the conclusion that the DPD, with the Main Modifications, is legally compliant, meets the Government’s tests of soundness and can proceed to formal adoption; and

b)  formally recommends to both Tendring District Council’s and Colchester City Council’s respective Full Councils that the modified version of the Development Plan Document (DPD) and the accompanying Policies Map, as attached at Appendix 3 and Appendix 4 to this report (A.1), be formally adopted.”

Resolution (b) above was pertinent to this meeting.

A copy of the published report (and its appendices) to the Joint Committee meeting held on 1 May 2025 was attached to the reference report (A.2).

Having duly considered the reference report from the Tendring / Colchester Borders Garden Community Joint Committee (A.2):-

It was moved by Councillor Baker, seconded by Councillor M E Stephensonand unanimously:-

RESOLVED that the modified version of the Garden Community Development Plan Document and the accompanying Policies Map, as attached as Appendices A and B respectively to the reference report (A.2) be formally adopted.