Agenda item

Planning Application 16/00153/FUL - Willands Farm, Church Path, Aller.

Minutes:

Proposal: Partial demolition of an agricultural barn and erection of a single storey dwelling and garage.

The Planning Officer presented his report to the Committee with a power point presentation of plans and photographs of the site.  He advised that the site was just inside a flood risk zone 3a, and, although on balance the proposal was otherwise acceptable, it did not meet the Government’s Sequential Test that development should be directed towards areas with a lower probability of flooding.

The Area Lead Planning Officer clarified the application was against planning policy.  He said the Sequential Test should show there was no other site available and the Exception Test would only apply if this were the only site available and the benefits of allowing the development were so great that they overcame the Sequential Test. 

The Committee were then addressed by Mr R Bates of Aller Parish Council who said they had unanimously supported the application.  The applicant was a long standing resident of the village who had contributed enormously to the community and the addition of a bungalow in the village was welcomed.

Mr M Williams, Agent for the applicant, said there were no policy or Highway, Environment Agency or Drainage Board objections to the application. The site had not flooded during the exceptional winter of 2013/14 and the applicant was willing to make any necessary affordable housing contributions through a S106 obligation.

The Ward Member, Councillor Shane Pledger, advised that this was an infill site which had never flooded during the winter of 2013/14 and if the floor levels were raised appropriately then there should be no flooding risk.   He proposed that planning permission be approved and this was seconded by Councillor Derek Yeomans.

During a brief discussion, varying views were expressed. Several Members voiced their support for the application whilst others felt that granting permission would set a precedent and could exacerbate flooding elsewhere. 

The Area Lead Planning Officer and Legal Representative conferred as to the weight which could be given to local knowledge of the site and agreed that the flooding zone line on the map was a ‘broad brush’ and that the Ward Members would have the best local knowledge of the site. 

It was proposed that planning permission be granted subject to a S106 obligation to deliver affordable housing obligation and conditions to include time limits, agreed plans, materials, foul and surface water drainage details, landscaping, parking, removal of permitted development rights for extensions and finished floor levels to be agreed.  On on being put to the vote, this was carried (voting: 6 in favour, 4 against, 0 abstentions).

RESOLVED:

That planning permission be APPROVED contrary to the officer’s recommendation for the following reason:

The proposed dwelling is of an acceptable design that would meet an identified local need for small properties and the site is an acceptable infill opportunity that, notwithstanding the Environment Agency flood risk categorisation, Members accept is not at risk of flooding. As such a sequential test is not necessary and the proposal complies with policies SD1, SS1, SS2 SS4, SS5, HG4, TA5, TA6, EQ1 and EQ2 and the policies contained within the National Planning Policy Framework.

Subject to:

A S106 obligation to deliver affordable housing obligation as required by policy HG4

Conditions:-

1.    Time limits

2.    Plans

3.    Material

4.    Foul and surface water drainage details

5.    Landscaping

6.    Parking

  1. Removal of permitted development rights for extensions

Finished floor levels to be agreed

(Voting: 6 in favour, 4 against, 0 abstentions)

Supporting documents: