The Committee
considered the details of the planning applications prepared by the
Planning Case Officers as presented in the agenda papers, and
considered also the comments of Town and Parish Councils together
with other representations received, which were listed within the
presented agenda reports, and RESOLVED
that:
a)
3460/17/OPA
Lutterburn Farm, Lutterburn Street, Ugborough
Parish: Ugborough
Outline application with some matters reserved for 7
self build/custom build dwellings (five
open market and 2 affordable self-build plots)
Case Officer Update: The Case
Officer noted that further information had been submitted and
circulated, and advised that the Flood Authority representative was
in attendance to respond to questions
Recommendation:
Delegate to the HOP Lead Development Management in consultation
with the Chairman to conditionally approve planning permission,
subject to a section 106 legal obligation.
However, in the event that the Section 106 legal
agreement remains unsigned six months after this resolution, that
the application is reviewed by the HOP Lead Development Management,
in consultation with the Chairman of the Committee, and if no
progress is being made, delegated authority is given to the HOP
Lead to refuse the application in the absence of an agreed s106
Agreement.
During discussion, the Flood Authority
representative responded to a number of questions of
clarity. The local Ward Member stated
that the proposed drainage scheme for the development had no
prospect of achieving the desired result, as it was dependent on
use of third party land, for which permission would not be
given.
The Flood Authority representative advised that
Ugborough was not high enough as a priority to receive funding from
Defra towards a flood alleviation scheme, and therefore the Flood
Authority would not be in a position to undertake flood mitigation
works until at least 2021. The proposal
before Members enabled flood alleviation work to be undertaken by a
developer, more quickly.
The local Ward Member stated that a scheme had been
previously proposed that included flood alleviation work being
undertaken on the applicant’s land. The HOP Lead confirmed that the proposal could not
be approved subject to a condition stating that flood alleviation
work must be carried out on the applicant’s land. The Solicitor confirmed that refusal of the
application on the basis of the proposed scheme not being
achievable because of the objection of landowners was not a route
that she recommended, and Members should proceed with
caution.
Finally, Members agreed that they wanted to support
the proposal, but would delegate final approval, subject to
approval of a drainage scheme, (as previously submitted), between
the applicant and the flood authority, and the HOP Lead, Chairman
and local Ward Member.
Committee
Decision: Delegate
to the HOP Lead Development Management in consultation with the
Chairman to conditionally approve planning permission, subject to
the HOP Lead, Chairman and local Ward Member, and the applicant and
Flood Authority, DCC approval of a drainage scheme
Conditions:
1.
Reserved
matters time
2.
Reserved
Matters details
3.
Accord
with plans
4.
Surface
water drainage strategy prior to commencement
5. ...
view the full minutes text for item DM.42/19