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Councillor Warnes (in respect of the proximity of his home to the application sites) declared a non-pecuniary interest in the following item pursuant to the provisions of Meetings General Procedure Rule 7(5).
The Committee considered two applications for outline planning permission for up to 50 new dwellings; a new vehicle drop-off point/ pick up point; and access to Peldon Road with all matters reserved, except access, and an outline application for the erection of five dwellings. The applications were referred to the Planning Committee as they represented a departure from the adopted Development Plan and in the case of the larger application the signing of a legal agreement was required, and objections had been received.
The applications had been considered at the Planning Committee meeting on 16 June 2022, when the applications were deferred for further consideration of the following issues-
• Improved turning area and drop off point in the school grounds.
• Crossing point between two site allocations in policy S1 and whether the safe delivery of a controlled crossing was possible at an affordable cost.
• Possible site B footway link to the Public Right of Way.
• Possible options for further road calming measures on Peldon Road.
The applications had then been due to be considered at the Planning Committee on 8 September 2022 but the meeting had been adjourned due to the death of Her Majesty the Queen.
The Committee had before it a report in which all information was set out, together with additional information on the Amendment Sheet.
Simon Cairns, Development Manager, presented the report and assisted the Committee in its deliberations. He explained that since the last meeting, a NHS contribution had been agreed from site A. In terms of site B, the continuation of the footway along the site frontage to join the footway to the north and provide a continuous pedestrian access was agreed. In addition, condition 29 was revised to provide for the alternative scenarios for parking and a pickup/drop off facility either in the grounds of the primary school or if that should not be deliverable, within application site A. If the Committee was concerned about the details of this element, it could request that the reserved matters be referred back to the Committee for determination. Whilst concerns had been expressed about the lighting of the footpath to the north of site B, condition 28 provided for the upgrading of that footpath and this could include investigating the possibility of lighting. However, it was possible that this could have some impact on amenity of nearby residential properties. It would be possible to introduce a local lettings policy for the affordable housing units on site A. In respect of issues relating to the safety of the crossing point on Peldon Road, Martin Mason of Essex County Highways, was in attendance to explain the Highways advice and to answer members queries.
Dr Simon Dougherty addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in opposition to the application for site A. It was noted that the Local Plan required that the development should address congestion associated with the Primary School through the provision of a new drop off/pick up area outside the school. It had been anticipated that the east site, next to the school, would be used for the drop off area. However, the application placed this and the development of 50 houses, on the west site. Whilst the school supported the drop off area within school grounds, this was still subject to negotiation with Essex County Council. If these discussions failed, then the fall-back position was for 10 spaces on the west side of Peldon Road. This was unacceptable. The assumptions underpinning the technical document used to justify this were not accepted and failed to properly quantify the risk. The fallback drop off was in the wrong location and was too small. Parents would continue to park on roads adjacent to the school, which would impact on residents and fail to meet the recommendations of the Local Plan. If the fallback solution were to become the final choice, it must be brought back to the Planning Committee for further consideration. The Parish Council had taken the initiative on proposed development since 2016. It had highlighted the need for additional parking and had explored the issue with Essex County Council, providing evidence on the numbers of pupil brought to the school. Local needs should be taken into account as the development would make the biggest change to the village for a generation.
Andrew Ransome addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in support of the application for site A. Following the Committee’s consideration of the application on 16 June 2022, the only outstanding matter was in respect of highway safety. The applicant had met with Colchester Borough Council, Essex County Council and the Parish Council to discuss highways issues and agree a way forward and following these discussions a Technical Note had been submitted to address the concerns raised by the Committee. This had been reviewed and agreed by Essex County Council and therefore there were no highway safety issues arising from the application. Essex County Council did not support the provision of a crossing as it considered this would increase the risk to highway safety and due to the lack of space to accommodate it. The application also proposed a package of mitigation measures including signage, which would help to reduce road speeds on Peldon Road. The applicant had also agreed a condition for the provision of a school drop off point.
Mark Jackson addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in support of the application for site B. The application sought outline planning permission for 5 dwellings, with all matters reserved except access. The application had been deferred for further investigation into the footway link to the public right of way. Following confirmation of the extent of the public maintainable highway in the vicinity of the site, revised plans had been submitted showing a new footway link on the east side of Peldon Road from the application site to the public right of way. The plans were considered acceptable by officers of both councils. It was proposed that this be secured by condition, and this condition was acceptable to the applicant. The applicants had been advised that the school did not require a link through the school to the playing field. The proposals accorded with the Local Plan and the National Planning Policy Framework and permission should therefore be granted subject to the conditions in the report.
In discussion, members of the Committee expressed continued concerns about visibility and the ability for pedestrians to cross Peldon Road safely. People coming from the school in winter or at night would have extremely limited visibility of oncoming traffic and consideration should be given to the provision of improved visibility splays, especially as there was a speeding issue on Peldon Road. Attention was drawn to Essex County Council’s Vision Zero document on highway safety. Confirmation was sought on the detail of the proposed road signage and whether this would provide notice of the school.
Two standard streetlights should also be provided near the crossing point. Most of the activities in the village and communal facilities were on the east side of Mersea Road so residents of site A would need a safe pedestrian access to that part of the village and therefore low level lighting should be provided on the footpath. It was important that the footpath respected desire lines. Support was expressed for the concept of a local lettings policy for four affordable units on site A and for the suggestion that the reserved matters be brought back to the Committee so it could be assured that they were in accordance with the Local Plan.
The Development Manager responded and highlighted that a controlled crossing was not proposed as the Highways Authority did not support it on safety grounds. The upgrading of the public right of way was covered by condition 28, which could include the provision of low level lighting. Site B was now connected by an agreed footway to the school and the wider village. In terms of signage, the agents had indicated that they would be happy to support further safety signage on Peldon Road. Condition 29 addressed the Local Plan site allocation requirement for a pick up and drop off facility at the school. Essex County Council were conducting a feasibility study, but if it was not possible an alternative facility could be provided within site A. This would form part of the reserved matters which could be reported back to the Committee. Therefore, the only outstanding matter was the controlled crossing on Peldon Road which Essex County Council Highways was best placed to advise on.
Martin Mason, Essex Highways, explained that Vision Zero was not a document that planning applications were judged against. There were clear development management policies against which applications were measured and highway safety was the key consideration. In terms of the crossing point the advice given to the Committee in June was that it was as safe as they could make it. It was appropriate to the local environment and the quantum of development proposed. Since then a Technical Paper had been prepared by the applicant, which gave evidence why the crossing was considered to be safe. However, highway safety remained a judgement for the Highway Authority, and it remained their view that this was as safe as it could be made. A controlled crossing would not be appropriate in this location. These were more appropriate for urban and suburban areas, where they would be used regularly. Where not used regularly they tended to increase the risk to highway safety. The road was already relatively narrow so there was no need to provide a central island. In terms of signage, the Highway Authority was seeking to reduce signage in order to reduce clutter and to minimise maintenance. However, he would be content to investigate further the proposal that the existing signage be moved, so long as it was not detrimental to highway safety.
RESOLVED (UNANIMOUSLY) that application 213530 be approved subject to the signing of a legal agreement under section 106 of the Town and Country Planning Act 1960 within 6 months from the date of the Committee meeting. In the event the legal agreement was not signed within 6 months, authority be delegated to the Assistant Director to refuse the application, or otherwise by authorised to complete the agreement. The contribution of £30,300 towards primary healthcare services to be added to the planning obligations to be secured via the legal agreement together with a local lettings cascade for four units of affordable housing and possible ward contribution for sport and recreation to Abberton Cricket Club. The permission to be subject to the conditions and informative as set out in the report, including the amendments to condition 29 and the removal of condition 31, together with an additional condition to cover secure a scheme for road safety signage for the school and a gateway feature at the access to the site. The reserved matters to be referred back to the Committee for determination.
RESOLVED (UNANIMOUS) that application 213531 be approved subject to the conditions and informatives in the report, including the amendment to condition 10, and an additional condition for a sport and recreation contribution towards Abberton Cricket Club.