Agenda and minutes

“I would like to remind everyone that this meeting will be filmed live or recorded, and uploaded to the internet and will be capable of repeated viewing.

Therefore, by participating in this meeting, you are consenting to being filmed and to the possible use of those images and sound recordings.

If any public speakers on MS Teams do not wish to have their image captured, they should ensure that their video setting throughout the meeting is turned off and set to audio only.

Members and public speakers are reminded to turn on their microphones before speaking and turn them off when they have finished.”

The Chairman made a short address to remind all present that the meeting would be broadcast on the Internet, and that the Council had adopted a protocol for the webcasting of its meetings.

To report the appointment of any substitute members for the meeting.

The following substitutions were noted:

·       Councillor Bedford had been appointed for Councillor Lion on EPF/0942/24 – LAND WEST OF FROGHALL LANE, CHIGWELL

To declare interests in any item on this agenda.

a)    Pursuant to the Council’s Members’ Code of Conduct, Councillor Bromwich declared a non-pecuniary interest in the following item of the agenda by virtue of previously visiting another development built by the same applicant.

·       EPF/0007/24 – TUDOR HOUSE HIGH ROAD, THORNWOOD, CM16 6LT

Due to public interest on another item of the agenda, this item was heard later in the meeting than published in the agenda.

The Principal Planning Officer presented an updated report for the residential development comprising residential dwellings (Use Class C3), together with car parking, garden spaces, a flexible café/commercial use (Use Class E) with vehicular access from High Road (B1393) external landscaping and associated development.

This agenda item sought clarification on the resolution made to grant this application by members of the East Area Planning Committee on 18 September 2024.  This included;

1)    Confirmation that the s106 agreement should include:

a.     The requirement for the Applicant to pay the £340,000 Public Transport contribution; and

b.     A late stage viability review mechanism to justify the Affordable Housing provided on the Development

2)    Confirmation that Members approve planning consent, subject to the revised recommended conditions and the completion of the s106 agreement (as amended to reflect the Members decisions on 1a) and 1b) above).

3)    The provision of delegated authority to officers to negotiate and agree any conditions and/or s106 agreement obligations required as a result of the Member’s resolution.

Members were verbally advised that the requirement for the provision of a residential travel pack to be provided to each first household to occupy the new dwellings under condition 18 on page 17 of the agenda has now been included in the s106 agreement, therefore this condition is no longer necessary and so deleted.

The Officer recommended the inclusion of a late-stage viability review mechanism to justify the Affordable Housing provided on the Development to clawback any financial contribution towards the provision of policy compliant affordable housing once the actual costs of the development are realised. The Officer informed members that the Applicant has not agreed to this and instead wants a review mechanism to be triggered only if within 6 months of the decision date no development had commenced.

Members received representations from an objector, the Parish Council, the applicant, in addition to Councillor C Whitbread and Ward Councillors Bedford and Bromwich. Cllr Bassett raised the motion to approve the application subject to an amendment to the s106 agreement to ensure that the contribution towards libraries should be ringfenced for North Weald Library only. 

The Committee Members agreed to this amendment and resolved to grant planning permission subject to appropriate conditions and the completion of a s106 legal agreement, with delegation to planning officers on any non-material changes to the s106 agreement and conditions as considered appropriate.

The Planning Service Manager then sought clarification from Members in regard to whether a clause for a late-stage review mechanism should be included in the s106 agreement in order to clawback any financial contribution towards the provision of policy compliant affordable housing, should the viability of the scheme in reality be found to be better than that estimated by the Applicant. The Committee voted to approve the application with all the proposed resolutions by officers to this application.

RESOLVED:

The Committee voted to  ...  view the full minutes text for item 4.

The Senior Planning Officer presented a report for the development of 129 dwellings with associated parking, landscaping, open space, drainage and infrastructure and the formation of pedestrian and vehicular access onto High Ongar Road (ONG.R4 - Allocated Site in Ongar) along with a few changes verbally reported to the Committee prior to the debate. These changes were as follows.

1. Minor changes to Conditions 10, 11, 12, 13 & 31;
2. Conditions 25 & 26 re Travel Plan and Travel Packs removed and to be secured via s106; and
3. Ambulance contribution redirected towards health infrastructure and the sum increased to £215,668. This increased the total s106 monies to £2,022,996 million.

Members received representations from an objector, the Parish Council, the applicant, in addition to Councillor Bedford and Ward Councillors Dadd and Keska. The Committee discussed the planning merits of the application. The Committee voted for the officer recommendation to approve the application subject to appropriate conditions and the completion of a s106 legal agreement, with delegation to planning officers for any non-material changes to the s106 agreement and conditions as considered appropriate.

Following the debate, Members resolved to amend condition 3 relating to highway works to include provisions for part time signals at the high Ongar Road junction and the 40mph limit reduced to 30mph.

            RESOLVED:

The Committee voted to APPROVE the application with conditions(Subject to s106 Legal Agreement).

Due to public interest, the Committee agreed to hear this item earlier on the agenda as published.

The Chairman announced that Ward Councillor Lion could not determine this application but substitutes Councillor Bedford had been nominated. Councillor Bassett was proposed, seconded and agreed as Vice Chairman for the item.

Members of the Committee received a presentation from the Planning Officer and representations from an objector, the Parish Council, the applicant, in addition to Councillor Sunger and Ward Councillors Lion, L Morgan and Holden. The Committee discussed the planning merits of the application. The Committee voted for the officer recommendation with delegation to planning officers for any non-material changes to the s106 agreement and conditions as considered appropriate.

RESOLVED:

The Committee voted to APPROVE the application with conditions (Subject to s106 Legal Agreement).