CONTROVERSIAL plans to build 26 homes in West Bergholt have come back to the table.
NEEB Holdings had applied to Colchester Council to build the homes near Armoury Road.
The application was considered by the council's planning committee on July 5.
Members chose to use the Deferral and Recommendation Overturn Procedure, and instructed officers to review any potential harm caused, and to provide a further report.
A decision will now be made on August 2 as to whether there will be any risks in approving the plans.
The meeting next week will focus on the risks and implications.
A report said: "To summarise, following the deferral of the application officers have carefully considered the harm that might result from the development.
"The highway authority and Environmental Protection have also been reconsulted and asked to comment on potential harm.
"Members will note that no objection is raised by any of the specialists or consultees.
"Should planning permission be refused for reasons relating to any of these matters the specialists and consultees would not be able to provide any evidence to support the council at appeal.
"The council would therefore not be able to substantiate these reason/s for refusal and the likelihood of costs being awarded against the Council would be high."
Councillors objecting to the development included Vic Flores (Con), who pointed out the site is outside of the current and emerging Local Plan.
Lyn Barton (Lib Dem), said it was “insulting” to get residents’ input on the village Neighbourhood Plan only to ignore their contributions.
Council officer Sue Jackson said the council had to demonstrate the new homes would cause harm.
Former chairman of the Local Plan committee Martin Goss (Lib Dem) said councillors must ask themselves if they have enough legal grounds to refuse the application.
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