Agenda item

The Principal Planning Officer introduced the item to the Committee. He informed the committee that the council had received Pre-Action Protocol letter from the Wolborough Residents Association relating to their aim to judicially review decisions on other applications on site. The Officer also informed the Committee that there had been no objections from Natural England.

Public Speaker, Objector – Spoke on:

·       Impact on Fen

·       Opposition from Devon Wildlife Trust

·       Hydrological concerns

·       SUDS concerns including need for infiltration SUDS

·       Need for hydrological survey work results

·       Outsourcing of drainage

Public Speaker, Supporter

·       Site and dwellings are attractive

·       Consultees are satisfied

·       Condition 20 does not constitute refusal

·       Controls are in place to protect the fen

Comments from Councillors during debate included:

·       The design code is being reviewed as part of the requested judicial review

·       Playing area contradicts design code

·       Concerns around surface water and impact on fen

·       Concerns around use of SUDS on wetland and lack of information on SUDS

·       Concerns around cycle route and pedestrian access

·       Natural England’s comments are inconsistent

·       Poor access to green space

·       Pocket play areas should be distributed throughout the site

·       Lack of natural surveillance on play area

·       Concerns about tenuation ponds

·       Concerns around access to pumping station

·       Concerns that the area will be accessed by neighbouring housing

·       Part of Stray Park Meadow is included in this application and is a county wildlife and grassland area that would be impacted.

In response, Officers clarified the following:

·       Members have had access to all relevant information

·       The focus of discussion should be on the reserved matters

·       The access to the pumping station would only be used twice per year

·       The  application provides green/open space

·       The neighbouring allotment does not fall into the red line boundary

It was proposed by Councillor Hook and seconded by Councillor Macgregor that permission be refused for the following reasons:

1.     Failure to comply with condition 6J of the design code as hydrogeological surveys have not taken place, resulting in lack of information for the SUDS. SUDS should not be included in the Green Infrastructure figures.

2.     Pedestrian access points are insufficient and so non-compliant with Local Plan Policy S2 as there is limits on movement.

3.     Play area lacks sufficient surveillance and safeguarding and would be located better elsewhere.

A vote was taken – the results were unanimously in favour and are listed below

For: Cllrs Buscombe, Goodman-Bradbury, Hall, Hook, Macgregor, Nutley, Nuttall, P Parker, J Taylor, and Cox.

Resolved

That permission be refused for the following reasons:

1.     Failure to comply with condition 6J of the design code as hydrogeological surveys have not taken place, resulting in lack of information for the SUDS. SUDS should not be included in the Green Infrastructure figures

2.     Pedestrian access points to the green area are insufficient and so non-compliant with Local Plan Policy S2 as there is limits on movement.

3.     Play area lacks sufficient surveillance and safeguarding and would be located better elsewhere

Note

The Committee’s decision to refuse this application was against officer recommendation. Councillors considered that the impact on the fen and the lack of access to the green area outweighed the benefits of the site.