Inspector's Schedule of Modifications

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Support

Inspector's Schedule of Modifications

MM91 (Main)

Representation ID: 389

Received: 21/10/2024

Respondent: Latimer (Tendring Colchester Borders Garden Community) Developments Limited

Agent: Lichfields

Representation Summary:

Latimer support modification MM91, this being an amendment agreed between Latimer and the Councils in the joint Statement of Common Ground, dated 18 April 2024.

Latimer accept the requirement that the subject scheme makes appropriate, proportional contributions to mitigate the impact of development. However, it is appropriate to remove all references to CIL from the DPD – should a CIL charging schedule be prepared by either Tendring or Colchester Councils, this world need to be considered separately. Strategic sites of this scale are quite commonly zero rated for CIL.

Full text:

Latimer support modification MM91, this being an amendment agreed between Latimer and the Councils in the joint Statement of Common Ground, dated 18 April 2024.

Latimer accept the requirement that the subject scheme makes appropriate, proportional contributions to mitigate the impact of development. However, it is appropriate to remove all references to CIL from the DPD – should a CIL charging schedule be prepared by either Tendring or Colchester Councils, this world need to be considered separately. Strategic sites of this scale are quite commonly zero rated for CIL.

Support

Inspector's Schedule of Modifications

MM76 (Main)

Representation ID: 390

Received: 21/10/2024

Respondent: Latimer (Tendring Colchester Borders Garden Community) Developments Limited

Agent: Lichfields

Representation Summary:

Latimer support modification MM76, this being an amendment agreed between Latimer and the Councils in the joint Statement of Common Ground, dated 18 April 2024. The modification provides for flexibility should the conditions of the HIF be prohibitive or alternatives possible that could significantly benefit to journey to net zero carbon.

Full text:

Latimer support modification MM76, this being an amendment agreed between Latimer and the Councils in the joint Statement of Common Ground, dated 18 April 2024. The modification provides for flexibility should the conditions of the HIF be prohibitive or alternatives possible that could significantly benefit to journey to net zero carbon.

Support

Inspector's Schedule of Modifications

MM79 (Main)

Representation ID: 391

Received: 21/10/2024

Respondent: Latimer (Tendring Colchester Borders Garden Community) Developments Limited

Agent: Lichfields

Representation Summary:

Latimer support modification MM79, this being an amendment agreed between Latimer and the Councils in the joint Statement of Common Ground, dated 18 April 2024. The amended wording provides additional clarity that a viability assessment would only be required if proposals were not achieving requirement due to viability matters, as is appropriate.

Full text:

Latimer support modification MM79, this being an amendment agreed between Latimer and the Councils in the joint Statement of Common Ground, dated 18 April 2024. The amended wording provides additional clarity that a viability assessment would only be required if proposals were not achieving requirement due to viability matters, as is appropriate.

Object

Inspector's Schedule of Modifications

MM80 (Main)

Representation ID: 392

Received: 21/10/2024

Respondent: Latimer (Tendring Colchester Borders Garden Community) Developments Limited

Agent: Lichfields

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

Representation Summary:

In line with Latimer’s comments under MM75, the IDPFP has been prepared for a specific purpose to support the DPD. In Latimer’s view, to be compliant with national policy and pass the legal tests for a planning application, the infrastructure items, package of mitigation measures and their proposed phasing must be agreed as part of the planning application determination where they can be based on sound evidence-based work related directly to Latimer’s proposals.

Change suggested by respondent:

It is proposed that clarification is provided that the IDPFP performs the role as the IDP for the DPD and that the “relevant” IDP (as quoted from GC Policy 9 Part A) could be one provided by Latimer and agreed with the Council’s as part of the planning application process.

Full text:

In line with Latimer’s comments under MM75, the IDPFP has been prepared for a specific purpose to support the DPD. In Latimer’s view, to be compliant with national policy and pass the legal tests for a planning application, the infrastructure items, package of mitigation measures and their proposed phasing must be agreed as part of the planning application determination where they can be based on sound evidence-based work related directly to Latimer’s proposals.

It is therefore proposed that clarification is provided that the IDPFP performs the role as the IDP for the DPD and that the “relevant” IDP (as quoted from GC Policy 9 Part A) could be one provided by Latimer and agreed with the Council’s as part of the planning application process.

Support

Inspector's Schedule of Modifications

MM86 (Minor)

Representation ID: 393

Received: 21/10/2024

Respondent: Latimer (Tendring Colchester Borders Garden Community) Developments Limited

Agent: Lichfields

Representation Summary:

Latimer support MM86, as set out in the submitted Matter 2 Hearing Statement on ‘nature’. The amendment appropriately introduces reference to the Environment Act (or otherwise agreed), in recognition of this long term, strategic site.

Full text:

Latimer support MM86, as set out in the submitted Matter 2 Hearing Statement on ‘nature’. The amendment appropriately introduces reference to the Environment Act (or otherwise agreed), in recognition of this long term, strategic site.

Support

Inspector's Schedule of Modifications

MM91 (Main)

Representation ID: 394

Received: 21/10/2024

Respondent: Latimer (Tendring Colchester Borders Garden Community) Developments Limited

Agent: Lichfields

Representation Summary:

Latimer support modification MM91, this being an amendment agreed between Latimer and the Councils in the joint Statement of Common Ground, dated 18 April 2024.

Latimer accept the requirement that the subject scheme makes appropriate, proportional contributions to mitigate the impact of development. However, it is appropriate to remove all references to CIL from the DPD – should a CIL charging schedule be prepared by either Tendring or Colchester Councils, this would need to be considered separately through the CIL adoption process. Strategic sites of this scale are quite commonly zero rated for CIL.

Full text:

Latimer support modification MM91, this being an amendment agreed between Latimer and the Councils in the joint Statement of Common Ground, dated 18 April 2024.

Latimer accept the requirement that the subject scheme makes appropriate, proportional contributions to mitigate the impact of development. However, it is appropriate to remove all references to CIL from the DPD – should a CIL charging schedule be prepared by either Tendring or Colchester Councils, this would need to be considered separately through the CIL adoption process. Strategic sites of this scale are quite commonly zero rated for CIL.

Support

Inspector's Schedule of Modifications

Mod Ref: MM89 (Main)

Representation ID: 395

Received: 21/10/2024

Respondent: Latimer (Tendring Colchester Borders Garden Community) Developments Limited

Agent: Lichfields

Representation Summary:

Latimer support MM89. The modification provides important clarity regarding the policy framework for the determination of planning applications relating to the Garden Community.

Full text:

Latimer support MM89. The modification provides important clarity regarding the policy framework for the determination of planning applications relating to the Garden Community.

Support

Inspector's Schedule of Modifications

MM22 (Main)

Representation ID: 396

Received: 21/10/2024

Respondent: Latimer (Tendring Colchester Borders Garden Community) Developments Limited

Agent: Lichfields

Representation Summary:

Latimer support modification MM22, this being an amendment agreed between Latimer and the Councils in the joint Statement of Common Ground, dated 18 April 2024. This modification assists both the developer and the Councils when determining future planning applications, and developing the masterplan.

Full text:

Latimer support modification MM22, this being an amendment agreed between Latimer and the Councils in the joint Statement of Common Ground, dated 18 April 2024. This modification assists both the developer and the Councils when determining future planning applications, and developing the masterplan.

Support

Inspector's Schedule of Modifications

MM35 (Main)

Representation ID: 397

Received: 21/10/2024

Respondent: Latimer (Tendring Colchester Borders Garden Community) Developments Limited

Agent: Lichfields

Representation Summary:

Latimer support modification MM35, this being an amendment agreed between Latimer and the Councils in the joint Statement of Common Ground, dated 18 April 2024. Latimer agrees that delivering a sustainable community will require a balance between employment and residential uses. However, the proposed modification introduces welcome flexibility in anticipation that it may not be feasible for each employment area to come forward in line with housing growth. This change would also allow evidence and master planning work at the planning application stage to appropriately account for employment land and other employment generating uses, including in the neighbourhood centres.

Full text:

Latimer support modification MM35, this being an amendment agreed between Latimer and the Councils in the joint Statement of Common Ground, dated 18 April 2024. Latimer agrees that delivering a sustainable community will require a balance between employment and residential uses. However, the proposed modification introduces welcome flexibility in anticipation that it may not be feasible for each employment area to come forward in line with housing growth. This change would also allow evidence and master planning work at the planning application stage to appropriately account for employment land and other employment generating uses, including in the neighbourhood centres.

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