Development of site to provide 100 dwellinghouses (Class C3) with access from Chitts Hill, associated on-site infrastructure, open space, landscaping and parking.
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The Committee considered an application for the development of the site to provide 100 dwelling houses (Class C3) with access from Chitts Hill, associated on site infrastructure, open space, landscaping and parking. The application had been referred to the Committee because the proposal was a departure from the adopted Local Plan by virtue of it being outside the adopted settlement boundary of Colchester and because the proposal constituted major development where objections had been received and the recommendation was for approval. A section 106 legal agreement was also required.
The Committee had before it a report in which all the information was set out, together with further information on the Amendment Sheet.
The Committee undertook a site visit in order to assess the impact of the proposal on the locality and the suitability of the proposal for the site.
Lucy Mondon, Principal Planning Officer, presented the report and, together with Simon Cairns, Development Manager, assisted the Committee in its deliberations.
Chris Wheat addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in opposition to the application. There was a threat to life if the application was approved. There had been a recent suicide at the level crossing and putting a further 100 dwellings at this location would expose residents to greater risk, especially young adults and children. Concern was also expressed about road safety. When the level crossing was in use, traffic often backed up from the crossing to Holmwood House school. The development would lead to an increase in traffic, causing further congestion. Traffic coming from the West Bergholt direction wishing to enter the development would impede further the flow of traffic and lead to further delays. It would also increase the risk of traffic getting stuck on the level crossing. The Committee needed to take account of the public safety implications arising from the application.
Robert Eburne addressed the Committee pursuant to the provisions of Planning Committee Procedure Rule 8 in support of the application. The proposal was in accordance with the Local Plan. The development had been subject to public consultation over the last two years to ensure that it was a high-quality development, and it would provide 30% affordable housing, in line with Council policy. One third of the site would be open space and the trees at the frontage of the site would be maintained. No trees that were subject to Tree Protection Orders would be affected. The traffic impact had been thoroughly assessed by consultants and a Transport Assessment submitted with the application. This had addressed the issue of queueing traffic. The Highways Authority had raised no objections on highways grounds. A legal agreement to secure section 106 contributions was also proposed
Councillor Willetts attended and with the consent of the Chairman addressed the Committee, on issues relating to the proposed access junction to the development, which was in Lexden and Braiswick ward. There were grave concerns about the design and placing of the junction in Chitts Hill. Whilst the Highways Authority had not objected to the proposal, their role was to take a high-level view and it was for the Planning Committee to assess the human factors associated with the junction. At peak times there would be conflict between the users of the crossing and those accessing the development. Whilst the Traffic Assessment did look at the issues around peak use, it was not convincing. There was a risk that when traffic was queueing, vehicles seeking to access the development would drive on the other carriageway, increasing the risk of accidents. Remedial measures needed to be put in place to filter traffic into the estate. Whilst the overall design of the development was satisfactory, until a better arrangement for accessing the development was found the application should be deferred.
Councillor Dundas attended and with the consent of the Chairman addressed the Committee. Whilst emphasis was given to the site being included in the emerging Local Plan, this had not been agreed yet and it was not clear what weight the Committee should give the emerging Plan. The emerging Local Plan had not been subject to significant public scrutiny and it was not inconceivable that it would be revised. Members should use their unique local knowledge when considering highways issues around the access to the development. The level crossing was closed 50% of the time at peak traffic periods. There were often long queues of stationary traffic on both sides of the crossing, and it was very likely that this would block access to the development. At the very least, the junction should have keep clear signs or a mini roundabout. Concern was also expressed about the proposed contributions under the section 106 agreement. The contribution towards the NHS would not secure significant resources. The Public Open Space, Sport and Recreation contribution should be used to provide facilities for older children. In view of the fact that the Landscape Officer did not support the proposal, the conflict with policies and the highways issues, the application should be refused or deferred for further negotiations.
Councillor Barber attended and with the consent of the Chairman addressed the Committee, as a member of the Local Plan Committee. The proposal was not a chosen site in the Local Plan and was contrary to the current Local Plan. The emerging Local Plan had not been ratified and he was not confident that Part 2 of the Local Plan would be adopted. The application was therefore premature. It was also in conflict with a number of planning policies such as ENV1. If the Committee were minded to approve the application, it should seek to improve the junction on Chitts Hill. He was preparing an application to the Local Highway Panel to address speeding issues in the area.
Councillor Scott-Boutell attended and with the consent of the Chairman addressed the Committee. She stressed that the emerging Local Plan was not yet agreed, and she had raised concerns about the development of this site to the Inspector. The application was speculative and premature. The Landscape Officer did not support the application and the Urban Designer had also requested revisions. Concern was expressed that the developer had initially claimed that the development could not support section 106 contributions. In terms of highways issues, the difficulty of fitting infrastructure retrospectively was noted. In addition, she had applied to the Local Highway Panel for funding for a crossing on Halstead Road and this should have been agreed as part of the section 106 agreement. The area was not well served by public transport, which would encourage car use by residents of the development. In addition, the use of the education and NHS contributions outside of Stanway was also a concern and would also encourage car usage. The provision of electric car charging points, solar panels and dog bins had not been specified.
The Principal Planning Officer explained that the principle of the development was addressed in detail in the report. The emerging Local Plan was at an advanced stage of preparation and had been submitted for examination. The report addressed the representations that had had been made on the principle of the development. Whilst the the application was not in accordance with the Adopted Local Plan, it was in conformity with the National Planning Policy Framework and the emerging Local Plan.
In terms of other issues raised, the NHS had requested a contribution of £36,000 to be invested in increasing capacity in local surgeries. A deficit had been identified at the Ambrose Avenue branch surgery. The educational contributions would be invested in two sites in line with Essex County Council’s 10 year plan. Car charging points, solar panels and dog waste bins could be secured by condition, if the Committee considered it necessary. In respect of the junction on Chitts Hill, the Transport Assessment had assessed the impact with the junction at 60 metres from the crossing over a seven-day period, although it was proposed that the junction be 70 metres from the crossing. It had concluded that the average wait times at both morning and evening peaks would be 4-5 minutes and that there would be an average of four cars queuing 93% of the time. There would also be keep clear markings at the junction of approximately two car lengths. Pedestrian numbers that would be generated by the application would not justify a pedestrian crossing. Issues of pedestrian safety in the area were wider issues for Essex County Council to address and were outside the scope of the application. The NPPF is clear that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe and this was not the case
In terms of ecological issues, Essex Wildlife Trust had indicated that they were content with the information provided with the application and that acceptable mitigation was in place. In addition, an area would be provided under SANGS to offset the impact of the development. Car charging points could be required by condition and dog waste bins could be introduced via the landscaping proposals under condition 18.
In discussion, some concern was expressed that section 106 contributions on education and health were being directed outside the ward. Clarification was also sought about where the proposed play equipment would be located and the nature of this. The need to provide facilities for older children was stressed. Support was expressed for the inclusion of car charging points, solar panels and dog waste bins. Members considered that there were a number of positive aspects to the scheme, particularly the provision of 30% affordable housing and the good quality design. However, concern was expressed about the conflict with the current Local Plan and the proposed access junction on Chitts Hill. The increase in queueing traffic that would result would lead to an increase in traffic using Argents Lane, which was narrow and unsuitable for the volume of traffic that would result.
In view of the concerns expressed on the principle of the development, Bethany Jones was invited to address the Committee on the weight the Committee should place on the emerging Local Plan. She explained that the development site was allocated in the emerging Local Plan. Paragraph 48 of the NPPF set out three tests which needed to be applied to determine the weight that should be applied;
• The stage of preparation of the Emerging Local Plan;
• The extent of unresolved objections;
• Consistency of policies with the NPPF.
The emerging Local Plan had been submitted and was subject to examination and therefore was considered to be at an advanced stage. Officers were working to provide the extra evidence the Inspector had requested. There mo unresolved objections to Policy WC2, which allocated this site in the emerging Local Plan. The proposed policy and the application were in full conformity with the NPPF, so in this case significant weight could be given to the emerging Local Plan. In response to a query from the Committee it was highlighted that if the Local Plan were not be approved, then the default position would be that applications would be considered against the NPPF. As this application was regarded as highly sustainable and in the absence of any conflict with the policy framework it would be recommended for approval.
Further concern was expressed about the highways issues resulting from the proposed access junction off Chitts Hill. Whilst it was noted that the Highways Authority had not objected to the application, members local knowledge suggested that the proposed junction would increase traffic delays and increase the risk to highway safety. The increase in stationary traffic would also have a detrimental impact on air quality. In addition, members were disappointed to note that Network Rail had not commented on the application despite a number of requests.
Members also sought confirmation about the line of Grymes Dyke and the potential impact of the works on the Dyke and whether moving he access would lessen the impact on the Dyke. Concern was also expressed about the applicability of policy DP12 to the development and the potential problems that could arise from the use of management companies. Further information was also sought about classification of the value of the agricultural land.
In response to members discussion it was explained that in respect of construction traffic, condition 10 would require a construction traffic management plan. In terms of the educational contribution Essex County Council had calculated that the application would generate 28.9 primary school places and 19.3 secondary school places, and the contribution had been requested on that basis. No contribution had been sought in respect of school transport and the area was served by regular bus services. The site was classified as Grade 2 agricultural land. Whilst the classification for the general area was at a high level, when the site was looked at in more detail it had been given a lower classification. There was no scheduled ancient monument on the site. The playground would be a LEAP facility which was designed for slightly older children, and would be located some distance from properties, to protect residential amenity. It was confirmed that the open space would be managed by a management company. The Development Manager noted the concerns expressed about highways safety but stressed that this was not supported by the Highway Authority, who were the relevant authority, on either safety or capacity grounds, and there was no evidence that the proposed access junction would be unsafe. There were therefore no grounds to support a refusal.
A proposal to defer the application for further discussions on the access to the development was proposed and seconded. On being put to the vote the proposal was lost (THREE voted FOR, FOUR voted AGAINST).
A proposal to refuse the application was proposed and seconded on the grounds of impact of the proposal on highway safety and that the application was not in conformity with the current Local Plan. As a motion to overturn an officer recommendation had been made and seconded, the Committee considered whether it should follow the Deferral and Recommendation Overturn Procedure (DROP).
The Development Manager explained that if the DROP procedure was followed that enable officers to provide the Committee with some considered advice on the implications of refusing the application, particularly in respect of the Council’s 5-year housing supply. This site was included in the 5-year housing supply and to refuse the application could have significant implications. Officers believed that the Committee could give considerable weight to the inclusion of the site within the emerging Local Plan. In addition, officers considered a refusal based on highways issues would be difficult to sustain at appeal and could leave the Council vulnerable on costs.
Some members of the Committee considered that in view of members local knowledge and the clear concerns that had been reiterated by ward Councillors and the Committee the vote on the refusal should proceed, and that if the applicant appealed the decision, an Inspector was likely to give significant regard to the views of the Committee.
The Development Manager reminded the Committee that its duty was to determine the application in accordance with the Development Plan unless material considerations, backed by sound evidence, indicated otherwise.
RESOLVED (FIVE voted FOR) that the application be deferred under the Deferral and Recommendation Overturn Procedure and a report be submitted to a future meeting of the Committee advising on the risks of a refusal of the application on the grounds of the impact of the proposal on highway safety and non-conformity with the current Local Plan.