Agenda item

To determine the application.

Alison Hoffman presented the report to members.

Members received a presentation, in accordance with the Public Participation Procedure, from Shanna Jackson, the Agent.

Mrs Jackson stated that the application is for the erection of a 2-storey 4-bed dwelling with garage,on landsouth eastof SeafieldBarns, GullLane, Leverington and members will be familiar with  thesite and thesurroundings as it has already been accepted by both the Planning Inspector on the adjoining site and by officersthat the location is one which is adjacent to the settlement. She added that in accordance with Policy LP3,the principleof theproposal is acceptable and throughout the application process she has worked closely with officers to ensure that theproposal is of a scale, design and character which is appropriate in its context.

Mrs Jackson stated that the committeereport infront of membersconfirms thatthere areno concernsin this regard andthat mattersrelating toresidential amenityand highwaysare also acceptable. She stated that theonly issuewith theproposal is thatconcerns havebeen raisedin respect of flood risk and added that the sitelies in Flood Zones 1 and 3 and as such there is a requirement that the flood risk sequential andexception tests are passed.

Mrs Jackson stated that it has been confirmed in the committee report that the submissionadequately addresses the exception test and that it is technically safe but the scheme fails on floodrisk grounds as there is another site within the village which benefits from planning permissionwhich could accommodate the proposal. She added that this other site, at Crowsons garage, is, therefore, deemedto be sequentiallypreferable, however, the owner of Crowsons garage is a client of Swann Edwards Architecture and he hasconfirmed that he has no intention of selling the site or developing out his planning permission and hehas recentlyacquired anenvironmental permit tocarry outhis businesson site andrents outpart of the building.

Mrs Jackson stated that this demonstrates his investment is directed to his business and not on makingthe site available for housing, noting also that his permission is due to expire in November this year, with no effortshaving beenmade to implementit, and it is,therefore, reasonableto concludethat thesite is not available for residential development and could not reasonably accommodate the proposalbefore the committee. She explained that with this in mind it is submitted that the Sequential Test is passed and that the schemeis acceptable inflood riskterms and there are no technical issues with the development and it has been accepted by officers on thewhole that the proposal is acceptable.

Mrs Jackson stated that the only concern is a dispute over whether an alternative siteis available to accommodate the development and she added that having spoken to the other landowner andconfirming that his site is not and will not be for sale, she would hope that the committee are able to agree thatthe proposalpasses the SequentialTest andcan, therefore,be grantedplanning permission.

Members asked Shanna Jackson the following questions:

·         Councillor Benney made reference to the site being in Flood Zones 1 and 3 and he questioned as to whether the actual site is going to be located in Flood Zone 1 and the amenity area in Flood Zone 3 and whether any mitigation measures have been put in place to make the area safe from flooding? Mrs Jackson stated that she is unsure as to where the flood zone lies and added that the Flood Risk Assessment has taken into account the actual risk of flooding and the recommendations will be incorporated into the build to ensure it is technically safe and there will be bedroom accommodation on the first floor, so there is a place of refuge.

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

·         Councillor Sutton expressed the opinion that the officer has made the correct recommendation and he added that he congratulates the architects and builders, as the buildings look very well presented. He added that for the committee to remain consistent in their decision making, they have little option other than to go against the officer’s recommendation. Councillor Sutton stated that there needs to be mitigation measures put in place to ensure the proposal is safe from Flood Zone 3.

·         Councillor Mrs French stated that she is very impressed to see the site built to date. She added that the three dwellings in place at the bottom look to be excellent high-quality dwellings. Councillor Mrs French stated that the garage owner does not wish to sell their business and the landowner owns the piece of land beside it and this proposal will complement and complete a very nice development and she will support the application and go against the officer’s recommendation.

·         Councillor Benney stated that he agrees with Councillor Mrs French and Councillor Sutton and stated that the build quality of the development is excellent. He added that the landowner wants to develop his land and it is irrelevant whether the garage owner wishes to sell his business. The proposal will bring forward a very high-quality build here and the proposal should be approved.

Proposed by Councillor Mrs French, seconded by Councillor Benney and agreed that the application be APPROVED against officer’s recommendation.  Reasonable conditions to be added to the application and for them to be agreed in conjunction with the Chairman, Proposer, and Seconder.

Members did not support the officer’s recommendation of refusal of planning permission as they feel that the proposal is for a high-quality build which should be brought forward regardless of the sequential test and whether Crowsons Garage comes forward or not for development. Councillor Benney stated that under Policy LP14 (b), it refers to high levels of fuel poverty in some parts of the district and he added that he feels that is irrelevant as it is land usage that is being looked at. David Rowen clarified that under policy LP14(b), it refers to flood risk and drainage.