Agenda item

(Service Manager – Development Management) To consider the attached report for a Deed of Variation at:

·       Former School, Centrepoint Building and Council Depot Land at St John’s Road, Epping, CM16 7JU; and

·       Civic Offices and Car Park, 323 High Street, Epping, CM16 4BZ

This application was considered by the District Development Management Committee at its meeting on 13 December 2023, where it was referred to the Council for a final decision with the Officer recommendation to approve the variation.

A motion was put before the Council by Cllr L Morgan, seconded by Cllr S Murray, to defer the consideration of this application until the next meeting of the Council, in order to allow Councillors additional time to read all of the information associated with the application.

However, when put to the vote, this motion was lost.

The Interim Implementation Team Manager, N Finney, presented a report for a deed of variation to the Section 106 Legal Agreement for the redevelopment of the St John’s Road and Civic Offices sites in Epping. The applicant was requesting a reduction in the amount of affordable housing to be provided from 11 units to 0 units at the Civic Offices site and from 46 units to 32 units at the St John’s Road site.

After having considered the affordable housing requirements of the Council’s Local Plan and the revised viability assessments submitted by the applicant, Planning Officers had concluded, due to the significant project deficits, that the reasonable level of affordable housing that could be supported by each of the proposed developments would be secured, without impeding the viability of the project and the prospects of delivery. In addition, the developments also had wider benefits to Epping Town Centre by bringing disused and underutilised sites back into use and supporting the retail and amenity units of Epping Town Centre through the increased population. Late Stage Viability Reviews had been retained in the obligations on both sites, which would enable the level of affordable provision to be reconsidered if the viability position of the developments changed at a future date. This variation had been considered by the District Development Management Committee at its meeting on 13 December 2023, where it was referred to the Council for a final decision, but with a recommendation from the Committee to approve the variation.

The Council heard from two public speakers in relation to the application, Parish Cllr C Jefcoate as an objector, and Mr S Rutter as the applicant, before proceeding to debate the application.

The Chairman of the District Development Management Committee, Cllr P Keska, explained that the Committee was unhappy with some aspects of the variation, particularly the reduction in affordable housing units, but felt that approval for the variation was the best course of action in a difficult situation, caused by the steep rise in inflation over the past twelve months.

A number of Councillors felt that the Council’s Local Plan had a policy of 40% affordable housing and good reasons were required to depart from the Local Plan. There were concerns that not all the required information had been distributed, that an independent viability report for this application had not been prepared, and that the viability reports provided by the applicant had not been tested as thoroughly as they needed to be. It was felt that this proposed reduction questioned the Council’s commitment to the provision of affordable housing throughout the District.

The Portfolio Holder for Housing & Strategic Health Partnerships, Cllr H Whitbread, reiterated the Council’s commitment to the provision of affordable housing within the District through the Council House-Building Programme; and that parts of the St John’s Road site had been derelict for 15 years, it was a brownfield site and should be redeveloped. Other Councillors highlighted that many developers were delaying their building projects due to the current economic climate, so it was beneficial for the District that this development was proceeding. It was also highlighted that the Council was trying to minimise development on Green Belt land, but developing brownfield sites was more expensive. The 40% target for affordable housing remained in the Local Plan and would be met on the development of other larger sites in the future.

Five Councillors requested that a recorded vote be undertaken for this decision.

            Resolved:

            (1)        That the Deed of Variation application for the Section 106 Legal Agreement pertaining to the planned development at the St John’s Road and Civic Offices sites in Epping to reduce the provision of affordable housing units from 11 units to 0 units at the Civic Offices site and from 46 units to 32 units at the St John’s Road site, whilst retaining the Late Stage Viability Reviews at both sites, be approved.

Recorded Vote:        

For the recommendation (32):            Councillors R Balcombe, R Baldwin, N Bedford, P Bhanot, P Bolton, H Brady, L Burrows, A Green, S Heather, H Kane, S Kane, P Keska, J Lea, J Lucas, M Markham, T Matthews, C McCann, J McIvor, R Morgan, J Parsons, A Patel, S Patel, J Philip, R Pugsley, D Stocker, D Sunger, B Vaz, C Whitbread, H Whitbread, K Williamson, D Wixley and S Yerrell.

Against the recommendation (10):     Councillors I Allgood, S Heap, C McCredie, L Morgan, S Murray, C Nweke, C P Pond, R Sharif, J H Whitehouse, and J M Whitehouse.

Abstentions (4):          Councillors C Amos, D Barlow, L Paine and C C Pond.

Non-Voting (2):           Councillors R Bassett and H Kauffman, who had declared a pecuniary interest in this item.