Agenda item

Erection of four dwellings with associated vehicular accesses and highway works.

That planning application 2023/0834/FUL be APPROVED in accordance with the Officer’s recommendation. The Flood Risk Management Plan is to be shared with Wanstrow Parish Council.

Votes – 6 in favour, 4 against and 2 abstentions

Application for the erection of four dwellings with associated vehicular accesses and highway works.

The Officer’s Report stated that these applications had been referred to the Planning Committee as the application site was located outside of the housing limits therefore representing a departure from the existing adopted Development Plan.

The Report continued that the site related to greenfield land to the east of Station Road on the periphery of the village of Wanstrow. The site adjoined existing dwellings to the north and open countryside to the south and east. To the west of the site are the residential properties nos. 1 – 6 Station Road. Outline planning consent (for access and layout) was granted at appeal in October 2022 for the erection of four dwellings on the site. The scheme comprises a pair of semi-detached, two-bedroom bungalows (plots 1 and 2) and two detached, three-bedroom dwellings (plots 3 and 4).

Wanstrow Parish Council had recommended refusal of the application for the following reasons:

• Drainage and flood risk.
• Harm to residential amenity of neighbours opposite the site (car headlamps shining into properties when residents of the new development exit access points).
• Highway safety and inconvenience (proposed access roads are opposite existing access points).
• Contaminated land issues (replacement of topsoil should be conditioned as minimum)
• Ecology (phase 1 report is incomplete, inaccurate, and lacking in detail).

There had been 2 letters of objection from local residents for reasons including harm to residential amenity, highway safety and contaminated land concerns.

The Highway Authority had no objection but requested further information regarding the new accesses and gradient.

In conclusion, the Officer’s Report said there were no ecological, arboricultural, contaminated land, flooding or drainage issues which were not capable of being resolved through the attachment of appropriate conditions. Therefore, any adverse impacts of granting permission would not significantly and demonstrably outweigh the benefits of the development, when assessed against the policies in the NPPF taken as a whole. Paragraph 11 of the NPPF therefore directs that planning permission should be granted.

Overall, Officers had concluded that the proposal was a sustainable development and the application was therefore recommended for approval.

The Planning Officer explained the application to the Committee with the aid of a PowerPoint presentation.

The Committee was then addressed by a speaker on behalf of Wanstrow Parish Council. His comments included:

• The Parish Council recommended refusal and questioned whether the scheme is appropriate.
• Dwellings opposite would be flooded with light when cars leave the new site due to the location of the entry/exit point.
• No comment from Council’s ecologist.
• Concerns about surface water drainage and flooding which has occurred to the dwellings opposite site.
• No comment from the Lead Flood Officer.
• Requested deferral to allow the drainage and surface water schemes to be published and consulted on.
• Requested the publication of the Flood Risk Management Plan for comment by the Parish Council.

The next speaker was the applicant’s agent who made the following points:

• The applicant had purchased the site with outline planning permission for 4 dwellings.
• The appeal inspector had said the Council had acted unreasonably with regard to water and drainage issues.
• Proposal is a modest scheme of single storey dwellings suitable for an ageing population.
• Dwellings will be A-Rated, with air source heat pumps, the oak tree will be retained and wildflower meadows planted.
• Highways had already approved access in the outline permission.

In the discussion which followed Members made a number of comments including the following:

• The Parish Council should be provided with the information promised regarding the Flood Risk Management Plan.
• Gardens are very small and would not allow occupants to grow their own food.
• Concern over cattle with anthrax being buried on the site.
• Concern over light pollution for the dwellings opposite from car headlights.
• There will need to be a root protection zone for the oak tree.
• The development does not seem to be sustainable.
• The site embankment – there is flooding at the bottom, it is boggy and as it is clay it is difficult to drain.
• Pleased to see the scheme is for single storey dwellings.

In response to the comments made, the Planning Officers and Legal Advisor said the following:

• There is nothing in Planning policy to dictate the size of the gardens. Officers considered there was adequate amenity.
• At appeal the Inspector said flooding and contamination issues could be dealt with by conditions to ensure contamination and drainage schemes are in place.
• Recommended Condition 5 deals with the sustainable construction and the Ground Source Heat Pumps and Condition 9 covers the protection of the oak tree.

The Lead Planning Officer advised Members that the previous Council had been deemed to be unreasonable to refuse permission and were ordered to pay costs in relation to contamination and drainage issues. She added that if the proposal was deferred the applicant may appeal for non-determination. The Planning Officer added that conditions relating to contamination imposed by the Inspector had been discharged and the report was found to be acceptable.

At the conclusion of the debate, Councillor Philip Ham proposed that the application be deferred to enable more information to be provided regarding the contamination and flooding risks. This was seconded by Councillor Susannah Hart. On being put to the vote, this was not carried with 5 votes for deferral, 6 votes against and 1 abstention.

Councillor Heather Shearer then proposed to approve the application in accordance with the Officer’s Recommendation with the additional informative that the Parish Council be consulted on the submitted surface water drainage scheme for the site. This was seconded by Councillor Edric Hobbs. On being put to the vote the proposal was carried with 6 votes in favour, 4 votes against and 2 abstentions.

RESOLVED

That planning application 2023/0834/FUL be APPROVED in accordance with the Officer’s recommendation with an additional informative that Wanstrow Parish Council be consulted on the submitted surface water drainage scheme for the site.

Votes – 6 in favour, 4 against and 2 abstentions