Agenda item

To determine the application.

Nikki Carter 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 Shanna Jackson, the agent. Mrs Jackson stated that this scheme seeks outline planning permission for the construction of up to 6 dwellings with only details of access committed and feels members will recall the application for 3 dwellings which was approved to the immediate south-east of the site where during their considerations members stated that they would be supportive of the whole of the site frontage land coming forward hence this application. She expressed the view that the proposal would form an extension to a market town which is supported by Policy LP3 of the Local Plan and there is a natural stop formed by the building to the north and, therefore, the scheme effectively infills the road frontage in this area.

Mrs Jackson argued that it does not constitute ribbon development or sprawl and instead promotes sustainable growth. She feels there is opportunity to provide 6 high quality dwellings which contribute to the character and visual amenity of this part of Doddington Road.

Mrs Jackson stated that the concerns previously raised by Highways have been overcome and the application now represents a form of development which is technically acceptable and has 8 letters of local support. She expressed the view that the scheme meets the policies of the Development Plan especially in relation to Policy LP3 which seeks to support extensions to market towns and requested that the application be granted.

Members asked questions of Mrs Jackson as follows:

·       Councillor Marks asked if it is the same applicant as for the 3 dwellings previously approved? Mrs Jackson responded that she believes so.

·       Councillor Marks made the point that the photographs showed there are already for sale boards along there but if you look where those for sale boards are they seem to be further out than what was previously approved as from his memory the site did not quite run level with the outside property and asked if this is correct? Mrs Jackson asked to look at the photograph being referred to and said she cannot comment on this as the photo is from Google and she does not know how old this is and she can only comment on the site plan that she has submitted.

Nick Harding made the point that there is the earlier refusal of planning consent on this same site, F/YR22/1236, and this is the most recent decision that is relevant to this site. He stated that this was a proposal that refused the principle of development in this location so this should be at the forefront of members’ minds in the determination of this application in terms of what change of circumstances could there possibly be to now approve this application.

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

·       Councillor Benney expressed the view that this proposal is just following on from where Willey Terrace finishes and the gap where 3 dwellings have already been passed, with the site going to a farm, so this could be viewed as infill. He stated that the speed limit signs have been pushed further out, with Willey/Curf Terrace previously being 40mph and is now 30mph and the 40mph sign now goes further out of the town. Councillor Benney made the point that it is Flood Zone 1 in this location but it drops very sharply off on the right-hand side into Flood Zone 3 so there will not be the depth of development here due to flooding issues. He feels that with all these developments going into a town or into a village this is different from Upwell Road as this just does go out into the open countryside, there is a farm at the end of this proposal and another one further along and when the emerging Local Plan was being drawn up the building line was taken right up to the river. Councillor Benney stated that he is unsure of how many of those 3 plots that were previously approved have been sold but he knows that at least 1 of them has. He referred to Wype Road in Eastrea when two bungalows were approved as you approach Eastrea from Benwick and they made that village entrance and set the scene for how the village is, with Willey Terrace being built after the war as Council houses stuck on the outskirts of town and as you come back into town the fields are being developed, with the houses looking nice and adding to the character of the area and he feels this development will set the scene when you approach Chatteris. Councillor Benney expressed the opinion that this proposal is an extension and he always thought when the 3 were approved that this area may be submitted for development and referred to former Councillor Sutton’s comments at that time on why only 3 were being proposed which he feels gave a steer to the applicant to come back with further development. He feels in terms of the appeal this is not the same as Upwell Road and all these appeals are heard by people that are not local and as a local person he feels it will be a benefit to the area and feels it will be included in the emerging Local Plan.

·       Councillor Marks stated that he also a ward councillor for Chatteris as Manea has been diluted into Chatteris and the development of this site fills in the area up to the farm. He expressed the view that houses are needed of this standard as he knows of two businesses locally who are bringing a lot of management people into the area and are struggling to find homes for them so by building good quality houses it will attract more labour which can only be a benefit to Chatteris. Councillor Marks feels that as the speed limit has been moved further back that there is no problem with this application and he is happy to support it.

·       Councillor Benney stated that Councillor Mrs French and himself were undertaking site inspections in Chatteris and visited Womb Farm, which will consist of 248 houses and these houses are filling up and selling, which is proving the need for housing in Chatteris, with this proposal being a different type of housing but it will compliment what else there is in Chatteris and nicer houses are required.

·       Nick Harding stated from listening to the debate in terms of housing need there is no imperative to grant planning permission here contrary to policy on the grounds of housing need as there is a five-year land supply and the housing delivery test is being met. He added in relation to larger homes there is no evidence or an associated policy so this cannot be considered in determining the application. Nick Harding made the point that the previous refused application needs to be looked at and considered what has changed and realistically the only thing that has been put forward is that the speeding signs have moved but that was never an issue in relation to the determination of the previous application so to him there does not appear to be any substantial reason as why committee is not arriving at the same decision on this application as the previous one, reminding members of their Code of Conduct in relation to consistent decision making.

·       Councillor Marks referred to consistency and building outside as you come into Chatteris with there being applications approved as you come into Chatteris from Somersham so has a precedent not been set for consistency by putting nice houses on the entrance of a town. Nick Harding responded that looking at this particular site there was a refusal around 12 months ago and there has been no change of circumstances and, therefore, members should be making the same decision today as occurred previously.

·       Councillor Benney made the point that things are taken into consideration as a committee and makes the decisions but this does mean that a previous outcome is set in stone and a different decision cannot be made. He feels a material change has happened, the speed limit has changed and just because something was refused a year ago does this mean that a decision cannot be changed as every application is supposed to be judged on its merits.

·       Councillor Marks acknowledged that officers are saying there needs to be material changes but he feels in 12 months things have changed, there is more of a need for this type of housing and he talks to people and businesses in his area and he is being told what their needs are. He made the point that this is half a new committee so this is another material change and the speed limit has changed from 40mph which would have been dangerous and it is now less of a danger. Councillor Marks stated he probably would not have supported it before but he feels there have been some changes and he can now support it.

·       Nick Harding stated that he feels that it is a position where he is going to have to agree to disagree but from a professional point of view it is incumbent on him to advise committee that there has been no material change of circumstances since the last application and the fact that the speed limit has changed does not impact on the openness and rural nature of the location. He stated that the demand for executive type housing is just hearsay and there is no hard evidence so whilst committee is able to make a decision he would remain concerned about the robustness and defendability of that decision if it were to be challenged.

Proposed by Councillor Marks to refuse the application as per the officer’s recommendation but a seconder was not forthcoming.

Proposed by Councillor Benney, seconded by Councillor Imafidon and agreed that the application be GRANTED against officer’s recommendation, with authority delated to officers to apply conditions.

Members do not support officer’s recommendation of refusal of planning permission as they feel that the proposal does not harm the character of the countryside, it enhances and makes a positive contribution of the distinctiveness of the area as you come into Chatteris, there is a need for housing and these will provide high quality homes.

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

(Councillor Marks declared, in accordance with Paragraph 14 of the Code of Conduct on Planning Matters, that he is a District Councillor for Chatteris and Manea and does attend Chatteris Town Council meetings but takes no part)