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Councillor King, Leader of the Council and Portfolio Holder for Strategy proposed that the recommended decision set out in the report of the Executive Director, Place, be approved and adopted.
Councillor Sunnucks moved a main amendment that the recommended decision set out in the report of the Executive Director, Place, be approved and adopted subject to the addition of the following further paragraphs at the end of the motion:
This Council:
(1) will seek to work in collaboration with Tendring District Council and Essex County Council to agree a further Memorandum of Understanding with Latimer in relation to the delivery of infrastructure across the whole development with a focus on phase 1, ideally before the consultation period starts. This is intended to agree an open book appraisal methodology, acknowledge a phase 1 appraisal to be prepared and agree the principles for delivery of all infrastructure. The Council will also request the appointment of an independent consultant to commence initial negotiations in respect of draft heads of terms for any future S106 agreement.
(2) expresses its strong concerns about the risk of congestion should phase 2 of the A120/A133 Link Road be delayed.
Councillor King indicated that the main amendment was accepted and the motion was deemed amended accordingly. The revised wording of the recommended decision was therefore as follows:-
That Full Council, having taken into account the information contained in this report and appendices in making its decision on the Submission Version of the Development Plan Document, associated Sustainability Appraisal and other related evidence, in particular the decision made the Tendring and Colchester Borders Garden Community Joint Committee at its meeting held on 27 February 2023, resolves that –
(a) the Submission Version of the Plan for the Tendring Colchester Borders Garden Community (otherwise known as the ‘Development Plan Document’ or DPD) (Appendix 1) and associated Sustainability Appraisal (Appendix 2) along with the Strategic Masterplan and other related evidence listed as background documents which together address the legal requirements of the planning system and the tests of soundness set out in the National Planning Policy Framework, having regard to the comments received in response to the 2022 Regulation 18 public consultation exercise, be published for six weeks’ public consultation in line with Regulation 19 of the Town and Country Planning (Local Planning) (England) regulations 2012 (as amended) and Regulation 13 of the Environmental Assessment of Plans and Programme Regulations and thereafter submitted to the Secretary of State in line with Regulation 21 of the Town and Country Planning (Local Planning) (England) regulations 2012 to begin the process of independent examination;
(b) the Garden Community Planning Manager, in consultation with Tendring District Council’s Director of Planning, Colchester City Council’s Executive Director of Place and the Chairman and the Vice-Chairman of the Tendring Colchester Borders Garden Community Joint Committee, be authorised to make any minor editorial changes to the text and maps in the Submission Version of the DPD and to make necessary updates and additions to the evidence base ahead of their publication for public consultation;
(c) welcomes the completion of a Memorandum of Understanding which is intended to govern the relationship, collaboration and co-operation between the Councils and Latimer in relation to the delivery of both phases, at the earliest opportunity, of the A120-A133 Link Road which will support the development of the Garden Community; and
(d) endorses the recommendation that Officers from the Councils work with Latimer to explore the possibility of entering into an agreement which would detail how the parties would work collaboratively for the duration of the project, delivering the vision for the future of the garden community.
This Council:
(1) will seek to work in collaboration with Tendring District Council and Essex County Council to agree a further Memorandum of Understanding with Latimer in relation to the delivery of infrastructure across the whole development with a focus on phase 1, ideally before the consultation period starts. This is intended to agree an open book appraisal methodology, acknowledge a phase 1 appraisal to be prepared and agree the principles for delivery of all infrastructure. The Council will also request the appointment of an independent consultant to commence initial negotiations in respect of draft heads of terms for any future S106 agreement.
(2) expresses its strong concerns about the risk of congestion should phase 2 of the A120/A133 Link Road be delayed.
On being put to the vote the motion was approved and adopted (thirty five voted for, two voted against and two abstained from voting),
A named vote pursuant to Council Procedure Rule 15(2) was requested by Councillor Fox, supported by Councillors J. Young and Lilley, and the voting was as follows:-
FOR:- Councillors Barton, Bickersteth, Bloomfield, Chapman, Chuah, Cox, Davidson, Ellis, Fox, Goss, Hagon, Harris, Hogg, King, Law, Laws, Lilley, Maclean, Mannion, McCarthy, McLean, Moore, Pearson, Rippingale, Scordis, Scott-Boutell, Smith, Smithson, Spindler, Sunnucks, Willetts, Wood, J. Young, the Deputy Mayor (Jowers) and the Mayor (T. Young)
AGAINST:- Councillors Burrows, Cory
ABSTAINED FROM VOTING:- Councillors Goacher, Luxford Vaughan