Deed of variation at Land East Of Highwood Quarry Woodside Way Dunmow, Great Dunmow

“The report relates to a proposed Deed of Variation to a historic planning agreement dated 28 April 1939 affecting land at Easton Lodge, Great Dunmow. The agreement imposes extensive restrictions on the use and development of the land, including limitations on residential development and other forms of operational development.”

“The proposed variation is limited in scope and would apply only to land within the approved development boundary. It would not grant planning permission, alter the approved scheme, or confer any additional development rights. All remaining provisions of the 1939 Agreement would continue to apply to land outside the development site.”

“The site comprises part of the Easton Park development area at Easton Lodge, located to the north-west of Great Dunmow and south of Little Easton. The land extends across a substantial area of former parkland and agricultural land that is subject to a historic planning agreement dated 28 April 1939.”

“The proposed Deed of Variation relates to a planning agreement dated 28 April 1939 affecting land at Easton Lodge, Great Dunmow. The Deed of Variation seeks to modify the historic agreement by disapplying certain restrictive provisions within the Easton Park development site, as defined by a new plan, to enable the lawful implementation of outline planning permission UTT/21/1708/OP.”

“The matter before Members is not an application for planning permission but a proposed Deed of Variation to the 1939 Agreement. The principal consideration is whether it is appropriate and necessary to vary the Agreement to resolve the conflict between its restrictive provisions and the extant outline planning permission for Easton Park (UTT/21/1708/OP), thereby enabling the lawful implementation of the approved development.”

“The proposed Deed of Variation would introduce a new plan corresponding with the approved Easton Park application boundary and would disapply the restrictive provisions of the 1939 Agreement within that area only. This would ensure that the residential, mixed-use, infrastructure and open space development authorised under planning permission UTT/21/1708/OP can be implemented without conflict with the historic Agreement.”

“No statutory consultations were undertaken in relation to the proposed Deed of Variation.”

“No consultation was undertaken with the Parish Council, as the proposal relates solely to a Deed of Variation to a historic legal agreement and does not constitute a planning application or seek approval for development.”

“In response to questions from Members, Officers said: - • There should not be a need to move into a private sitting as adequate information had been provided in the Addendum List. • The Deed of Variation applied only to land within the Easton Park planning permission boundary and the remainder of the 1939 Agreement would continue to apply outside the Easton Park site.”

“Members discussed: - • Why the deed was necessary. • Access to the site. The access road had been included in the Planning Inspector’s previous approval. • The legal opinions offered. • The clarity that had been provided in respect of the strip of land, any possible compensation and the requirement for the Council to make the decision. • Whether all concerns had been addressed.”

“Councillor Driscoll proposed approval of the Deed of Variation to the 1939 Agreement relating to land at Easton Lodge, Great Dunmow, as set out in the report. This was seconded by Councillor Pavitt.”

“RESOLVED that the Deed of Variation be approved.”