Members were advised that the Chair disclosed a personal interest and therefore step down from his role on this application. Cllr Mynott become chair for duration of this item.

Cllr Mynott requested nominations for a Vice-chair for this item only. Cllr Mynott nominated Cllr Mrs Hones.  A vote was taken on a show of hands and Cllr Mrs Hones was appointed Vice Chair for the duration of this item.

Ms O’Connor, was present and addressed the committee in objection to the application.

Mr Horton, was present and addressed the committee in support of the application.

Ms Skinner, the Agent was also present and addressed the committee in support of the application.

Cllr Harman from Herongate and Ingrave Parish Council spoke in objection to the application.

Members raised concerns about the increase in traffic on the A128 and to affects it would have on the safety of school children travelling to and from school. The poor design and the bulk of the development are not in keeping with the village, which is situated in Green Belt and that no affordable housing was proposed within the application. This would merge the villages together and lose the uniqueness of both the villages. 

It was confirmed that the site on the LDP register for consideration.

The Committee were advised that a Deed dated 18^th August 2014 purporting to be a Deed of Unilateral Obligation made pursuant to Section 106 Town and Country Planning Act 1990 did not comply with the provisions of the Act and could be given no weight. If Members were in favour of the application Heads of Terms for a different Section 106 Deed providing for Contributions to the Local Planning Authority and Essex County Council would be required and planning permission would be subject to prior completion of such a revised document.

Highway issues requiring attention if the development were allowed required a detailed specification and funding by legal agreement.

A motion was MOVED by Cllr Lloyd and SECONDED by Cllr Morrissey that the application be refused.

For:                Cllrs, Cloke, Mrs Hones, Lloyd, McCheyne, Morrissey, Mynott                       and Reed (7)

Against:         (0)

Abstain:         Cllrs, Mrs Cohen and  Mrs Henwood (2)

RESOLVED that the planning permission is refused for the following reasons:

R1       U09257         

The proposed development would be inappropriate development within the Green Belt and, as a result of the scale, size and height of the building and the other works proposed, would result in a reduction in the openness of the Green Belt, contrary to the NPPF (in particular section 9) as well as Policies GB1 and GB2 of the Brentwood Replacement Local Plan.

R2       U09287         

The proposed development would be, as a result of the scale, size, design and height of the building and the other works proposed, along with the loss of existing trees (some of which are preserved) and other vegetation, would harm the character and appearance of this rural area (which also forms part of a Special Landscape Area and Thames Chase Community Forest) and would result in the loss of a valuable break in built development between the two villages of Herongate and Ingrave, contrary to the NPPF (in particular section 7) as well as Policies CP1, C5 , C7, C8 and C11 of the Brentwood Replacement Local Plan.

R3       U09288         

The occupiers of the proposed flats would largely be dependant on the private car to gain access to the majority of facilities and services and the car park proposed to serve the school would be in excess of the maximum parking requirement for primary schools, contrary to the NPPF (section 4) and Policies CP2 and CP3 of the Brentwood Replacement Local Plan.

R4       U09289         

The proposed development makes no provision for affordable housing and so does not make an adequate contribution towards the Borough's housing needs, contrary to the NPPF (section 6) and Policy H9 of the Brentwood Replacement Local Plan.

R5       U09290         

The proposed retirement flats would not be located in a suitable location as the occupiers of the proposed flats would not be in close proximity to adequate facilities and services to the detriment of the quality of life for the site's occupiers, contrary to the NPPF (section 6) and Policies CP1 (criterion ii) and H11 of the Brentwood Replacement Local Plan.

 R6       U09258         

The matters advanced by the applicant in support of the application would not clearly outweigh the harm the development would cause through inappropriateness, reduction in openness of the Green Belt within which the site is located, harm to the character and appearance of the area, lack of affordable housing and car dependency. Therefore, no circumstances exist to justify the grant of planning permission for the inappropriate development proposed.

(Cllr  Baker declared a non pecuniary interest under the Councils Code of Conduct by virtue of his past relationship for with Ingrave Johnstone C of E Aided Primary School and Cllr Carter declared a non pecuniary interest under the Councils Code of Conduct by virtue of living opposite the application site.  They both left the Chamber and did not participate in the discussion or vote).