To consider application UTT/19/1508/FUL.
The Senior Planning Officer stated that this application had previously been presented to the Planning Committee on 6 May 2020. The application had been approved subject to a S106 agreement being entered into between the Council and the applicant relating to the following matters:
• Commuted sum payments
• Supervision of the delivery of the discounted market units
• Protection of the frontage hedge
• Negotiated terms of any agreed draft S106 being reported back to Members for their further consideration.
It had also been agreed that the presented scheme should be subject to a revised proposed site layout drawing being submitted to and approved by the LPA showing the formation of a hammerhead at the end of the proposed service road to be an additional condition imposed upon any planning permission granted.
The Senior Planning Officer confirmed that the revised site plan now contained a hammerhead terminus at the end of the proposed service road. He said that officers were of the view that Counsel’s Advice obtained following the Planning Committee meeting on 6 May 2020 should be accepted.
Members were requested to endorse their original committee resolution made on 6 May 2020 to grant planning permission for this self-build/custom build housing scheme subject to the planning conditions contained within the original committee report (Conditions 1-13), but with an additional condition:
14 The site frontage hedge onto St Edmunds Lane shall be retained with the exception of that extent of the hedge to be trimmed down to 600mm where required for improved access sightlines and/or that a new hedge be planted behind the sight lines.
and subject to the revised Unilateral Undertaking submitted by the applicant/ developer dated 27th May 2020 committing the applicant/ developer to the following legal obligations:
• Commitment to self-build/ custom build housing
• Payment of early years childcare, primary and secondary education contributions
• Highway contribution towards a Great Dunmow Bus Strategy.
The application was recommended for approval with conditions with unilateral undertaking.
Members discussed Counsel’s Advice and the developer’s 2015 fall-back position. Concerns were expressed particularly about the early years, primary and secondary education contributions that were considered inadequate at the present time but were acknowledged as being what the 2015 fall-back position permit.
Councillor Fairhurst proposed the motion to approve the application with conditions with Unilateral Undertaking.
Councillor Reeve seconded the motion.
RESOLVED to approve the application subject to conditions and Unilateral Undertaking.
Councillor Reeve raised a Point of Order that some of the concerns expressed, particularly relating to fall-back positions as opposed to current positions needed to be picked up in future policy reviews. The Development Manager stated that this could be picked up within the S106 Scrutiny review.