Agenda item

Erection of 32.no dwellings with parking, demolition works, provision of public open space, public off-road parking, bio-diversity provisions and off-site flood storage measures and modify existing vehicular access.

The Lead Project Officer presented the application, which was for a development consisting of 32 dwellings and associated works. The existing buildings were identified on an aerial photograph of the site and photographs were also provided of the agricultural buildings and stone wall to the front of the site.

The proposed plans were shown to members, showing the design and scale of the proposed dwellings in each part of the site. It was explained that an attenuation basin was proposed to manage surface water run off and a dedicated play area and car park, to serve the nearby school, were to be built on site. 11 affordable dwellings could be secured through a Section 106 legal agreement.

The key planning issues were explained and it was considered that, while there were benefits of the proposal, it was unacceptable in terms of flood risk. The access to the site fell within flood zones 2 and 3 and the application failed the Sequential Test, as it was determined that there were other available alternative sites that would be at a lesser risk of flooding within the catchment area. Photographs of the site in a state of flooding were provided and the attenuation basin was proposed to assist the management of the current surface water flooding issues and this scheme had been approved by drainage engineers. 

Mr Smythe spoke as the applicant for the application, noting that a significant amount of time and money had been spent on the application so far and that there were significant benefits to the proposal, including the provision of 32 dwellings, which the applicant intended to provide as 100% affordable housing.

Mr Moir spoke as the agent for the application, noting that all but one issue had been resolved by working with the Planning Authority and the real-world harm of the flooding issue would be minimal.

The following answers were provided in response to members questions:

·         There had been a successful appeal on a planning application elsewhere in respect of the sequential test, however it wasn’t considered that this set a precedent, as there were different circumstances to this application, namely that the Local Authority did not have a five-year housing land supply in that case.

·         The applicant had not yet entered into a S106 legal agreement, as there were costs associated with doing so and the application was being recommended for refusal.

·         There was safe pedestrian access out of the site that would be available, should the road access be flooded.

·         The catchment area for the sequential test was a 3-mile radius and sites within that area were considered for alternative locations.

·         The Environment Agency does not apply the Sequential Test, which was why they did not comment on that aspect of the application.

Members had the opportunity to debate the merits of the application, having asked technical questions of the planning officers. Members were generally in agreement that the scheme was well designed and made good use of a currently derelict site. They emphasised the benefits of additional housing provision, even if only 11 could be secured as affordable housing via a S106 legal agreement.

One member raised a concern about the access for emergency vehicles in a situation where the access to the site was flooded and saw this as a significant risk to the safety of the residents in the development.

The meeting adjourned to allow officers to present draft conditions for the committee to consider 11:54 – 12:08

It was proposed by Cllr Monks and seconded by Cllr Northam that the application be granted, for the reason that the significant benefits of the scheme, including the provision of 32 dwellings, 11 of which would be secured as affordable, the car park for the school, the play area and improvements to the footpath outweighed the risk of the 1 in 30 year flooding event that would impact the access to the site.

Decision: That authority be delegated to the Service Manager for Development Management and Enforcement and the Area Manager for the Southern and Western Area Team to grant subject to the completion of a S106 agreement and planning conditions to be first agreed in writing by the Chairman of the committee.