Witham's MP has lodged a formal complaint over the controversial decision to approve a new housing development in the town.

Priti Patel says the decision to approve the 78 homes Gimsons application should not have been made by councillors as the advertised consultation period had not finished.

Braintree Council’s website stated residents had until March 22 to pass comment on the proposals, however the planning committee gave the green light to the scheme three days earlier on March 19.

In a letter to Braintree Council outlining the grounds for the complaint, Ms Patel has called for the application to be go back to the planning committee at a future date and has also questioned the traffic and pollution assessments conducted during the consultation period.

The letter states: “Because the council had published the March 22 date online as the closing date for the consultation it would not have been proper or lawful for the council to the proceed to have the planning committee determine the planning application in advance of that date.

“The March 22 date became a promise made by the council and established a ‘legitimate expectation’ in terms of the decision making process and the dates that decisions would be made.

“Consequently, and by virtue of the fact that the final decision notice has not been issued, the council must take remedial action to address this fault in its process. The application should therefore be brought to the planning committee for consideration.”

The Gimsons application received more than 600 objections during the consultation period and saw residents set up a campaign group, called the Heart of Witham Preservation, to oppose the plans.

Members of the society have themselves written to Housing, Communities and Local Government Secretary James Brokenshire and asked him to review the application.

Ms Patel added: “This is a very controversial development which has united residents in Witham and beyond in opposition to it.

“The development goes against established planning policies and risks destroying large parts of the much-loved River View area.

“Serious concerns have been raised by residents about the way the decision has been reached and there are a lot of questions that the council needs to answer.”

BDC comment here