Agenda item

To determine the application.

Alan Davies presented the report to members and drew attention to the update report that had been circulated.

Members received a presentation, in accordance with the public participation procedure, from Councillor Brenda Barber, District and Ward Councillor. Councillor Barber explained that last week she had attended a meeting where hundreds of residents of Barton Road and other roads in Wisbech St Mary packed the biggest hall available in Wisbech, and it was standing room only, making the point that the residents have had to put up with so much disruption already over the almost permanent closure of Barton Road. She explained that the current date for the road to be reopened is not until March 2026, but this date is not guaranteed because Anglian Water have been honest enough to admit that there could be further problems which would delay the reopening even further and Anglian Water have now stated that they have found disturbed asbestos in the ground.

Councillor Barber explained that the residents of Barton Road are experiencing ongoing damage to boundaries, fencing, garages and their buildings and are asking when will the problems end. She added that the very long diversion avoiding Barton Road includes Station Road in Wisbech St Mary, which is a smaller road with housing on both sides, and it has seen many problems with road erosion and many potholes since the diversion, making the point that there has been damage caused to housing which has not been rectified and the diversion is also ignored by many who are using much smaller roads including HGV’S and lorries and as a result these roads are also being damaged.

Councillor Barber made the point that the planned building of another 42 homes with access from Barton Road is clearly a bad mistake and, in her opinion, should at the very least be suspended until the road has been completely repaired and the associated problems with it have been proved to have not been passed on to the next piece of land. She stated that Anglian Water have already come up against many problems since the sewer collapse including the discovery of an underground water course which they had not known about and if they manage to divert it or bridge it, how can the residents be sure that the problem will not affect the new builds resulting in the closure of the road yet again.

Councillor Barber added that the residents of Grove Park are already experiencing problems as the land is moving underneath and this has caused damage to their homes. She expressed the view that this amount of planning applications currently being considered in the same area amounts to over development.

Councillor Barber referred to LP13 of the Local Plan which states that planning permission will only be granted if it can be demonstrated that there is or will be sufficient infrastructure capacity to support and meet all of the requirements arising from the proposed development and, in her view, conditions or planning obligations are likely to be required from any proposals to ensure that the new development meets the principle and she questioned whether it has been met. She stated that the proposed housing is for older people, over 55s and those residents are likely to need medical services and currently the GP surgeries are already well over subscribed.

Councillor Barber asked the committee to listen to the views of residents and common sense and refuse the proposal.

Members asked the following questions:

·       Councillor Marks stated that Councillor Barber has raised concerns over Anglian Water which he can also concur with as he lives in a village which suffers from flooding and asked whether she has concerns over one specific area or the whole area in general with regards to the most recent report from Anglian Water? Councillor Barber explained that it appears to be that area, however, the whole area is located within Flood Zone 3 and she added that the LR statement which went up on the board stated that they believe that the benefit of the housing for the over 55’s outweighs the problems which may arise due to it being within Flood Risk 3 which she disagrees with. She made the point that she does believe that the flood risk in that area should not be ignored, and the residents have advised her that the area is often running with water.

·       Councillor Marks stated that he assumes that Councillor Barber has read the officer’s report and asked whether she would agree with Anglian Water that at the present time there are more issues to come? Councillor Barber stated that they have already stated that there are more issues to come and their opinion has to be agreed with as they are the company undertaking the works.

Members received a presentation, in accordance with the public participation procedure, from Beverley Moss, the agent. Ms Moss stated that the scheme is for 42 affordable homes, and the Council’s own housing needs report confirms that there is a significant and increasing need for housing of all types in the district. She added that the officer’s report explains that the new homes are for exclusively for residents aged 55 and over and addresses the growing demand in the community for accommodation that meets the needs of the aging population.

Ms Moss explained that there would be a manager’s office on site to enable the manager to carry out their daily work and manage the warden control system and that the proposal would also include an internal communal space and kitchen facilities in order that residents can meet, with the aim being to create a real sense of community. She added that all of the homes will be available for social rent which means that the new homes will be generally affordable and will provide a secure housing option for those on the lowest of incomes, with the Council’s Housing Strategy and Enabling Officer consistently expressing their support for the proposal.

Ms Moss explained that all of the homes will be managed by Housing 21, and they are joint applicants along with Bowsall Developments which demonstrates that there is a committed registered provider involved from early stages in the application process. She stated that Housing 21 is a leading not for profit provider of retirement living and where the average age of the residents is 70 and Bowsall Developments is a specialist affordable housing developer who work with contractors who seek to deliver the highest quality construction standards.

Ms Moss added that all of the homes are bungalows and six of them will be adapted for wheelchair users, with the new homes located in an area identified in the Local Plan for housing growth in the district which is the West Wisbech location for growth. She stated that the site is sustainably located near to the centre of Wisbech with bus stops for the number 46 bus being located nearby.

Ms Moss stated that the development involves the reuse of previously developed land, with planning policy being clear that the use of previously developed land and sites that are physically well related to existing settlements should be encouraged where suitable opportunities exist and, in her opinion, this is one such opportunity. She added that cars will access the site from a new access point on Barton Road and new pedestrian crossing points are going to be provided on Barton Road and Magazine Lane, with only four of the homes directly accessed off of Magazine Lane and a footpath link will be introduced for Magazine Lane for pedestrians and cyclists.

Ms Moss explained that each new home will have its own car parking space and there will be visitor parking bays as well and it is anticipated that car ownership will be quite low given the social rent tenure. She added that with regards to drainage she has worked hard with the flood authority, North Level Commissioners and Anglian Water to devise an appropriate drainage scheme for the site and during the application process all three statutory parties requested more technical information and that has been provided.

Ms Moss made the point that Anglian Water has confirmed that the nearest water recycling plant can accommodate the waste water flows from the new homes and they have given their agreement to the surface water being able to connect into their existing system. She explained that the Lead Local Flood Authority are content that the surface water from the new homes can be managed using the proposed swale and attenuation before being discharged at a controlled rate and that a maintenance plan has also been provided and can be used to control the drainage features on site, making the point that there have been no objections raised by any of the agencies.

Ms Moss explained that the new homes will be accompanied by new landscaping through private garden spaces, 69 new trees, 400 metres of new hedgerow and an area of amenity open space. She added that as well as the drainage function, the swale along the western edge would be planted with wildflowers.

Ms Moss stated that the resolved position of the Council as stated within the Council’s supplementary planning document is that the Council will not seek contributions for social infrastructure on 100% affordable schemes in recognition of the viability issues faced in the area, which is a matter of planning balance and one that the Council is entirely entitled to take. She stated that the scheme is a much-needed affordable housing scheme that seeks to deliver a high-quality development, and which has addressed all of the technical issues and she asked the committee to grant planning permission in line with the officer’s recommendation.

Members asked the following questions:

·       Councillor Mrs French stated that she does find it disappointing that the application conflicts with the Council’s LP13 and the fact that the application does not include the supply of any infrastructure as well as no contributions being put forward for the NHS. She stated that in the report it does state that doctors and dentists will be moving within that area and she questioned as to whether the 42 dwellings will be for occupation for Wisbech residents only? Ms Moss stated that it is unlikely that they will be able to specify where the residents come from, but it is anticipated that the residents will already be within Wisbech currently residing in unsuitable accommodation. She added that by moving into the scheme they will free up their existing accommodation for others.

·       Councillor Mrs French asked for the total number of car parking spaces on site? Ms Moss explained that there are two spaces per each two bedroomed dwelling, one space per one bedroomed dwelling as well as 8 visitor car parking spaces.

·       Councillor Mrs French asked for clarification as to the size of the public open space as well as the details of the street furniture on the open space area? Ms Moss explained that it is 1,916 square metres of open space and on the layout it is proposed to be located on the front of the site. She added that there are some beautiful mature trees located on the front entrance which will be retained, and the open space has been accommodated around that area. Ms Moss added that there is no play space proposed due to the residents and there is a play area next door and there has not been anything specified with regards to benches, but it is something that can be agreed as part of the discharge of conditions.

·       Councillor Mrs French referred to page 31 of the officer’s report where it states that there is water stress and she questioned how that is going to be monitored as the report reflects that there is a suggestion of 110 litres per person per day. Ms Moss explained that the Environment Agency provided their consultation comments to officers, and they raised no objection but added a note with regards to water resources as they know that there is an area of water stress which was noted in their report in 2021. She explained that she has submitted some very detailed technical information and has worked proactively with both LLFA and Anglian Water to ensure that the proposal is something that they are comfortable with. Ms Moss made the point that whilst she is not familiar with the term water stress it would appear that there is an issue with regards to the resource of water in the area and the drainage submissions have sought to accommodate and mitigate against that. She added that should the application be approved, any decision notice will enable the further statutory bodies to monitor that and there is a maintenance plan which has been submitted so there is an element of control going forward.

·       Councillor Marks stated that the Drainage Board appear to have some reservations with the proposal. He added that he has listened to the presentation by Councillor Barber and there does still appear to be some drainage issues and he questioned what else can the applicant do in order to allay some of the concerns. Ms Moss stated that she is aware of the meeting which took place and of the significant concerns surrounding the works which have taken place on a neighbouring site and the implications that has had on the local residents. She stated that from experience of other applications that she has dealt with in the district she knows that the Drainage Board appear to withhold their full approval until all of the agreements have been put in place, but from her perspective they are not objecting and there are the final agreements and approvals to be dealt with as things progress. Councillor Marks stated that is not the experience that at least two members who both sit on drainage boards have experienced.

·       Councillor Marks stated a lot of emphasis was made in the presentation with regards to the community and the existing community already have significant worries with regards to the flooding. He made the point that by adding an additional 42 dwellings without better infrastructure, in his view, is only going to exacerbate the existing issues in the area for the community. Ms Moss stated that it is her understanding that the issues on the other site has been as a result of a technical issue with a drain which has had a knock-on effect. She made the point that it is a totally different site to the current application and she can put an assurance in place that the technical information has been submitted in phase 1 and the applicants have even instructed a phase 2 which demonstrates that the geology is already known and there is a knowledge of what is under the ground, with a Flood Risk Assessment having also been submitted along with a proposed drainage scheme. Ms Moss stated that they are only able to go so far with regards to the mitigation measures to be put in place to ensure that the development can be built out in accordance with the documents that get approved and meeting the high standards that the construction bodies need to put in place. She expressed the view that whilst she appreciates the issues which have occurred further down the road they do not happen on every single site and does not mean it will happen on other sites or this site.

·       Councillor Marks asked when the drainage strategy for the site was undertaken taking into consideration that issues are coming to light daily as reported by Councillor Barber in her presentation. Ms Moss stated that the original drainage strategy was originally submitted in March and during the course of the application there have been discussions which have taken place with Anglian Water and the LLFA and, therefore, the most recent drainage strategy was updated and submitted three weeks ago. She explained that they have been reconsulted which as a result meant that the consultation responses have been updated to inform the officer’s report.

Members asked officers the following questions:

·       Councillor Marks stated there have been previously applications refused which are for bungalows located in Flood Zone 3 where the dwellings have either needed to have upstairs living as well, however, this application is for a retirement site for elderly people as well as elderly people all living on the ground floor in Flood Zone 3 and if this is approved it will cause problems elsewhere. Alan Davies stated that when the application was submitted there was not the requirement for the application to be accompanied by a sequential and exception test which is ordinarily the case for sites located in Flood Zone 3. He added that when considering the sequential and exception test, there are two phases, firstly the sequential test to see if there are sequentially preferable sites elsewhere and in this case it would be within the West Wisbech broad location for growth. Alan Davies explained that if the sequential test is not passed then there is the exception test which is formed of two parts and the first part is to consider the public benefit which would outweigh the harm and then the second part is for the statutory consultees such as the EA, Anglian Water and the Internal Drainage Boards to be satisfied that the proposal is safe from flooding and flood risk. He made the point that in this case the applicant has submitted a Flood Risk Assessment and details as to how they would address it, with the drainage strategy and the submitted finished floor levels identifying that the floor levels would need to be three metres above sea level. Alan Davies explained that as a result in this case it would mean that floor levels would be raised by 30 – 50 centimetres and by doing that it will take into account a 1 in 100-year flood risk for the site, with Anglian Water and Environment Agency being comfortable with the mitigation proposed and that would mean that both parts A and B of the exception tests are satisfied. He stated that this would mean that the applicants have demonstrated the public benefit through the 42 affordable dwellings for the over 55’s plus the addition of the 6 wheelchair adapted dwellings. Alan Davies added that the mitigation is in place should the site flood in a 1 in 100-year storm event and the finished floor levels are at a satisfactory level so that the residents on site would not be put in a dangerous situation. He explained that officers need to consider the advice from the statutory consultees, and they do not object and the exception test would be passed in this case should one be undertaken for the site. Alan Davies stated that other sites he cannot comment on but there are cases where something would fail the sequential test and the exception test and it would be recommended for refusal even if it were for affordable homes so it is dependent upon the site and the site conditions and what the applicant is proposing on that specific site and in this case the applicant has proposed mitigation in terms of flood risk that Anglian Water and the Environment Agency deem to be acceptable.

·       Councillor Marks stated that he understands that Alan Davies attended the meeting that 300 people attended and a comment that he believes he made regarding going forward was whether there would be any more issues that there could be, whilst he recognises that this is site specific for planning there is a need to look at the area as well and the community. He asked for Alan Davies to clarify this comment. Alan Davies responded that in terms of that public meeting he attended it to represent Fenland District Council and also the planning department and the issues raised there are as a result of an existing water main being accidentally damaged by the developer, which has caused the flooding on that site. He stated that his comment where he said it could happen again is in respect of if works are carried out on the existing adopted water network and somebody damages that pipe it could happen elsewhere so there is always a danger on any site where development is taking place if there is accidental damage to existing water infrastructure. Alan Davies stated that in relation to this site there is no reason to suspect that the same thing would happen and his reference to whether it could happen again was that it could happen again on the care home site as they are still building that site out but it is not something the planning system can control as accidents do happen.

·       Councillor Marks expressed the view that there is no mention of loss of employment on this site whereas there are other applications being considered today where loss of employment is raised and asked why is this? Alan Davies responded that as this site is within the West Wisbech broad location for growth the Council’s Local Plan has assessed this wider location and said it is suitable for residential development, therefore, the policy basis is already there for this site to come forward for residential development, and the loss of employment is already considered.

·       Councillor Murphy asked if the site is large enough for refuse vehicles to enter, turn in and exit the site? Alan Davies responded that the applicant has submitted a suite of drawings with swept path analysis, which is for larger vehicles such as a fire engine and refuse vehicle, which shows that the spine road of the development is wide enough for both sizes of vehicles to enter and exit in forward gear.

·       Councillor Mrs French stated that she is amazed to read some of this report, and she understands that as it is 100% affordable they do not have to supply anything else but, in her view, it is going against the Council’s policy LP13 which is also linked with the infrastructure delivery plan, which was undertaken in January 2013. She asked when was this updated? Alan Davies responded that as far as he is aware the infrastructure delivery plan has not been updated, and updates are awaited to it.

·       Councillor Mrs French made the point that committee regularly hear when Flood Zone 3 sites arise that there needs to be a sequential test and this proposal is for 42 dwellings and it is not required. She feels this application is a disaster waiting to happen.

Members made comments, asked questions and received responses as follows:

·       Councillor Marks expressed the view that the 42 houses are most likely needed but he has major concerns from reading the paper and the public open meeting about flooding in the local area and members are just looking at what the IDB have allegedly said or not said. He feels the whole report is outdated as, in his opinion, and from listening to Councillor Barber things are moving daily in the local area and the committee cannot just look at the actual application itself but needs to be mindful that further problems are not caused. Councillor Marks stated that the agent mentions a community but, in his view, there is no point having a new community here when the old community has been upset. He added that he has major worries also about these dwellings being for elderly as committee has been told on other developments that bungalows cannot be built because they are in Flood Zone 3 and if this proposal is approved today it could be adding to the problems of the emergency services as well as these are 42 extra dwellings that people have got to get out of. Councillor Marks made the point that Wisbech has flooded in the past, a lot of money has been spent on flood defences and a 100 year event is mentioned but questioned whether it is 100 years or 20 years or next year as there is flooding in the area. He stated that he cannot support this at the present moment, may be if the Environment Agency and Anglian Water could attend and it be discussed further with them but there is nothing that he is happy to approve currently.

·       Councillor Mrs French stated that she agrees with Councillor Marks as she is greatly concerned and all they would be doing would be creating greater problems. She suggested that the application is deferred for further in-depth discussion with all concerned as she is more concerned regarding the flooding issue and water stress, questioning whether the residents in these dwellings are going to be able to get any water.

·       Councillor Connor expressed the opinion that Councillor Mrs French is asking for further clarity on those two issues. He agreed that further clarity is required and is in favour of deferment as whilst the 42 houses are required it needs to be in the right circumstances and enable a community to thrive. Councillor Connor expressed the view that a deferment would allow for the Environment Agency and Anglian Water to attend in a couple of months’ time, which would enable further information to be heard about the repairs to Barton Road, although this has no bearing on this application.

·       The Legal Officer referred to material considerations, with committee and officers being right that flood risk is a material consideration for an application located within Flood Zone 3. She made the point that there is unfortunately a slightly unrelated issue which is not a material consideration to this application and that is the damage that has been caused to a drain on a nearby site, with the flooding that the community in this location are currently experiencing not being as a result of the fact that this application site is within Flood Zone 3 but as a result of an incident on an adjacent application site which led to a very localised not linked to wider flood risk incidents in the application. The Legal Officer warned members to be careful to distinguish in their minds between the current issues with the nearby site and the actual material flood risk and how that should be addressed in policy terms for this application. She stated that officers have given very clear advice on how the sequential test and the exceptions test would apply to this application and the advice received from officers, the Environment Agency, Anglian Water and all of the statutory consultees is that the Flood Risk Assessment for this site shows that this site should be safe for the expected lifetime of the development and any flood risk that there is is mitigated through the Flood Risk Assessment.

·       Councillor Marks expressed the opinion that there is one thing that is site specific which is the IDB as if it was not for the IDBs the area would have lots of problems and he feels that it is a lot larger and a moving story in relation to what is happening in this area. He made the point that what is not known is that by discharging from that site whether the problem is just moved and technical people are needed at the meeting from Anglian Water as it is not known where the drainage goes, there was mention of a drain and a water pipe so clarity is needed and he would also ask for the IDB to attend as well as the two statutory bodies as the IDB is the authority that will have to deal with any surface run off water. Councillor Marks stated that he struggles with the comment that the IDB do not get involved until the end as the IDBs do a very good job and he is not taking this away from officers as the report is very good, however, it could be outdated because of the moving incident that is happening further down the road. He stated that he is happy for a deferral but is unable to support approval.

·       Councillor Mrs French thanked the Legal Officer for the advice, but she does not believe members are discussing the problems up the road and are discussing this particular site, which is in Flood Zone 3. She referred to the question she asked about when the infrastructure delivery plan was last updated and it has not been since January 2013 and it does clearly state in 5.25 of that plan that “the district is situated within a high water stress region”, which as this was produced several years ago must be a bigger stress now. Councillor Mrs French stated that she would like to know where this water is coming from and she will not support the application in its present form and requested a deferment, with the relevant bodies to attend to discuss as it will be the people of Wisbech who are going to suffer.

·       Councillor Imafidon stated that he has been called out several times because it is currently a nursery with greenhouses on it as some people use it to burn material and whilst he in support in principle of development of the site as it will take a nuisance problem out of the site and housing is needed but one of the problems he sees with this site is the infrastructure capacity, which has not really been talked about. He made the point that currently there are road diversions in place because of the issues in Barton Road, which is damaging people’s properties and causing risk to life, with the days getting darker now and the weather changing. Councillor Imafidon referred to the meeting held last week with the MP with the relevant agencies represented and Anglian Water did say that it would be March 2026 that it is hoped the problem would be fixed, although he knows it is not directly applicable this site and will probably not be developed until after March 2026, however, they do not know if they can rectify it and what happens if it is rectified and then reoccurs because one of the methods they were going to use was injecting certain material into the ground but this is the Fens and some of the locals mentioned that because the silt is always shifting it has not been proven that this method of repair is going to work in an area like Fenland. He expressed the view that under policy LP13 there is not the infrastructure capacity to cope with this as there have not been any upgrades of the drainage infrastructure since who knows when so he thinks members should look at deferring the application.

·       Councillor Connor stated that he likes the proposition to defer the application but not for too long and he is happy to work with officers to get the relevant authorities to attend to address the committee. He expressed the opinion that the 42 houses are needed and if the statutory authorities say and prove everything is going to be fine the proposal can be approved at a later date but further clarity is required from the experts.

Proposed by Councillor Mrs French, seconded by Councillor Marks and agreed that the application be deferred to further consider the drainage and flood matters, with the relevant consultees invited to a future meeting when this application is reconsidered.

(Councillor Imafidon declared that he was at a meeting called by the local MP where this application was raised by members of the public, but he did not take part in the discussion and is not pre-determined and will consider the application with an open mind)

(Councillor Imafidon declared, in accordance with Paragraph 14 of the Code of Conduct on Planning Matters, that he is a member of Wisbech Town Council but takes no part in planning)

(All members present declared that they know Councillor Barber as a fellow councillor, but are not pre-determined and will consider the application with an open mind)

(Councillor Marks declared, in accordance with Paragraph 2 of the Code of Conduct on Planning Matters, that he had been lobbied on this application)