PLANS have been approved to build two new homes in the district despite claims that to do so based on a council policy would be illegal.

Opponents of the scheme to build the homes on land at Street Farm, Ashen, say Braintree Council is acting beyond its remit by allowing development on sites which have not met Government approval.

After the council’s Local Development Framework plan collapsed in June last year, officers used work already done to allocate sites to create an “interim policy”.

The Ashen site was included against the recommendation of councillors and despite it being outside the “village envelope”.

Objectors claimed the interim policy has no legal standing because it has not been signed off by the Government’s Planning Inspectorate.

Villager Neil Hendry told a planning committee meeting last week: “Our contention is that the decision to include the site is not based on robust and credible evidence.”

Paul Munson, planning agent for landowner Nigel McCrea, himself a former councillor, said there had been 15 objections.

He said: “I am advised by my clients that they have statements from at least 18 other households in the village who support their plans and these are generally from well established households in the village.

“On this basis there is more support for the proposals than opposition.”

Ian Hunt, the council’s head of governance, told councillors the interim policy was not illegal because it was part of an “emerging plan”.

Seven councillors voted in favour of the plans and two voted against.