75 homes at Land Off Rowhedge Road, Colchester

The site and its setting

The approximately 3.99-hectare agricultural site was mainly grassland with northern woodland, nearby homes, footpaths and bus stops.

“Site Description and Context 3.1 The site is approximately 3.99 Hectares and consists mostly of open grassed area with a section of woodland to the North falling within the red line boundary. This provides a surface water drainage connection as well as providing a dense and established natural buffer between the site and the SSSI to the North.”

“DC0901MWeV11 4.2 Areas of formal and informal public open space and green infrastructure have been included on site and account for approximately 47% of the total site area and incorporates areas of landscape planting and a play area. As part of this on site landscaping, enhancements of on site habitats and biodiversity gains are included as well as off site measures to ensure an over all 10% biodiversity net gain (BNG).”

Officer report

What officers recommended

Officers recommended approval because housing and affordable housing benefits outweighed identified harm, with impacts mitigated through conditions and a legal agreement.

“Bringing the above three pillars of sustainable development together, it is officer’s opinion that the proposal results in sustainable development with identified harm mitigated. As such, the proposal is recommended to committee as an Approval subject to conditions and legal agreement.”

“APPROVAL of planning permission subject to the signing of a legal agreement under Section 106 of the Town and Country Planning Act 1990, within 6 months from the date of the Committee meeting. In the event that the legal agreement is not signed within 6 months, to delegate authority to the Head of Service to refuse the application, or otherwise to be authorised to complete the agreement.”

Officer report

What consultees said

Most consultees raised no objections subject to conditions, including ecology, highways, drainage, contamination, archaeology and Natural England.

“Urban Design Officer – No objections subject to conditions. Suggests that prior to the reserved matters application, design matters should be subject of a more detailed pre-application discussion.”

“Natural England – No objection subject to mitigation and conditions…”

Officer report

What local people said

The 114 objections or comments raised concerns about traffic, wildlife, services, residents, transport, village separation, trees and the site’s location.

“This proposal received a total of 114 objections or general comments. A summary of the comments are below:”

“Road intensification • Harm to wildlife • Over population of Rowhedge • School and Surgery already at capacity • Impact on existing nearby residents • Poor public transport nearby • Site not within Local Plan • Erodes Rowhedge Village separation and character • Near a dangerous bend in road • In Coastal Protection Belt area • Potential loss of trees • Land should be a buffer zone between Old Heath and Rowhedge…”

Officer report

Who spoke

The agent supported the scheme, while Councillors Scordis and Lilley spoke against it, citing contamination, biodiversity, services, transport, safety and local character.

The votes

Members rejected deferral for further ecological advice by three votes to eight, then approved the application after a tied vote decided by the Chair.

“A proposal to defer the application, pending further ecological advice, was seconded. The proposal was lost (THREE voted FOR and EIGHT voted AGAINST).”

“RESOLVED that (FIVE voted FOR, FIVE voted AGAINST. As the vote was tied the Chair exercised his casting vote FOR, as per the provisions of Meetings General Procedure Rule 9(6)):-”

Minutes

The committee’s decision

The application was approved subject to a section 106 legal agreement, the report’s conditions and informatives, amended visibility details and an added landscaping informative.

“The application be approved subject to the signing of a legal agreement under section 106 of the Town and Country Act 1990 within 6 months from the date of the Committee meeting. In the event that the legal agreement is not signed within 6 months, to delegate authority to the Head of Service to refuse the application, or otherwise to be authorised to complete the agreement.”

Minutes