Address:       Land north of Clophill Road, Maulden, MK45 2AE

Outline: Erection of 21 dwellings with estate road.

Applicant:     Mrs Cowell and Mrs Donnelly

The Committee had before it a report regarding Planning Application No. CB/17/00981/OUT, an outline application for the erection of 21 dwellings with estate road on land north of Clophill Road, Maulden, MK45 2AE.

In advance of consideration of the application the Committee’s attention was drawn to additional comments as set out in the Late Sheet.

In advance of consideration of the application the Committee received representations from Maulden Parish Council, an objector to the application and the agent for the applicant under the public participation scheme.

A Member sought clarification from the Parish Council representative as to whether the draft Neighbourhood Plan had been submitted.  The Parish Council representative replied that nothing had been published.

The Chairman sought clarification from the objector following the latter’s reference to a flood plain.  In response the objector stated that his own land was sodden after rain and the path and local road were virtually unusable because of the mud washed there from Trilley Fields.  The Chairman stated that, whilst acknowledging the comments made, the site did not appear to be within a designated official flood plain.  The objector added that he had been advised by a representative of the Water Board that whilst his own property was not in a flood plain he was as close as was possible.

A Member sought clarification from the applicant’s agent as to whether all of the proposed dwellings would be constructed within five years and, if so, whether he  would accept a condition to that effect.  In response the applicant’s agent advised that a condition could only state when a development should commence.  However, he stated that a small local builder would build the dwellings over a 18 month to two year period and they would be available through a single sales outlet.  Further, as it was an outline application at this stage, there would be a delay for various reasons before building started.  However, the applicant’s agent felt comfortable that the dwellings would still be delivered within a five year period.  In response the Member stated that the Council’s legal advice was that it was acceptable to condition that homes would be delivered within five years.  He acknowledged that this condition had not been tested in court and that it had been introduced before the Council had a five year land supply.  He stressed however, that there would be a condition or directive to this affect if the Committee approved the application to ensure the a contribution to an ongoing five year land supply.  The applicant’s agent stated he had no objection to such a condition being imposed.

A ward Member stated that based on experience he believed that the applicant would attempt to seek a means of withdrawing from the provision of affordable homes in the development on the basis of viability.  He then stated that the application site was a Site of Special Scientific Interest (SSSI) and that any building near it would impact on bio-diversity.  There had been no objection from the  ...  view the full minutes text for item 120