Agenda item

To consider a report of the Chief Planning Officer on an application for engineering works to form flood storage area

(report attached)

  Plans and photographs were displayed at the meeting.  A Members site visit had taken place earlier in the day

  The Panel’s Lead Officer provided a brief history of the site, for Members’ information

  The Panel was informed that outline planning permission was granted in 1997 for the erection of 6 houses.  The Reserved Matters application was however refused on issues relating to design and that the scheme did not take flooding into account.  The applicant lodged an appeal and planning permission was subsequently granted by the Inspector .  A S106 agreement was entered into which stated that provision would be made to address the flooding before commencement of the development, with this being accepted by the Inspector

  In 2006, a flood compensation scheme was submitted which the Environment Agency (EA) in January 2007, did not object to.  In July 2007, a severe flooding event occurred which resulted in the EA revising their position, stating that the proposed scheme was not fit for purpose.  Since that time until recently, the EA’s concerns were maintained and discussions to resolve the situation had been ongoing

  In 2008, the developer commenced laying out the foundations for a garage block on the site but was informed that work must stop as this was in breach of the S106 agreement.  The developer complied with this request but the works which had been carried out on site meant that the planning permission remained live, with this being checked with Legal Services

  Having been provided with contextual information in respect of the application, Officers then presented the report to Panel which sought approval for a flood compensation storage area relating to an approved residential development which was located in the functional floodplain (Zone 3b)

  The proposals were to raise the properties by 50cm and displace the water towards the floodplain area – Keswick Beck.  A cut and fill operation would be used, with the materials excavated being used to create a bund of up to 1.5m high, which, as well as being requested by the EA, would also provide a greater degree of comfort to the residents in the area.  Outlet pipes would be placed in the bund and whilst local concerns had been raised about the sewer which crossed the site, Members were informed that the sewer would not be impacted on

  To ensure the bund did not create more flooding, an agreement had been obtained with two adjacent landowners that their land could be flooded if a 1:100 year flood event occurred

  In respect of the EA, it was now satisfied that the proposed scheme was acceptable, as was Yorkshire Water and the Council’s Flood Risk Manager

  Whilst there had been a significant level of objections received to the scheme proposed in 2009, since the revised scheme which was before Members had been advertised,  it was reported that no representations had been received

  Members commented on the following matters:

• the issues raised previously by local residents and set out in paragraph 6.2 of the submitted report and whether these had been resolved
• whether the proposed scheme would benefit the residents of Paddock View
• the need for the bund to be maintained and for this requirement to be set out legally
• that flooding was a major issue but that development was continuing to be allowed which had an impact on this
• that the proposals would not be of any benefit to those living further down stream who invariably were affected the most

Officers provided the following responses:

• that the issues raised in paragraph 6.2 of the report related to the previous scheme and had been addressed by the scheme before Members.  The Competent Authority in this case was the EA which was satisfied with the proposals and there was a degree of betterment provided by the scheme, for residents.  Bardsey Parish Council had not commented on the revised proposals and there had been no representations received from the public
• that the scheme would benefit the residents of Paddock View
• that it would be for the Council to ensure that those matters covered in the S106 agreement would be enforced and in perpetuity; that Officers would need to be satisfied that the flood compensatory storage scheme was in order before the development commenced and that the proposed wording of the S106 agreement could be revised to highlight  the requirement for the bund to be retained and maintained

RESOLVED -  To defer and delegate approval to the Chief Planning

Officer, subject to the conditions set out in the submitted report and following completion of a Section 106 Agreement to cover the following matter:

• The housing development approved under ref 31/200/00/RM will not be continued until the proposed flood storage area and the bund, approved under application ref 09/04018/FU has been completed and authorised as such in writing by the Local Planning Authority
• The applicant or successors in title of the proposed site or any part of the land shall retain and maintain the flood storage area and bund provided under application ref 09/04018/FU for the life of the residential development
• The applicant or successor in title of the land or any part of the land under application ref 09/04018/FU to enforce the requirement of the written agreements from Mr C N and Mrs S Lupton and Mr E Gilchrist, both dated 26.04.2012 to provide the floodwater capacity for the approved developments refs 32/200/00/RM and 09/04018/FU

In the circumstances where the Section 106 has not been completed within 3 months of the resolution to grant planning permission, the final determination of the application shall be delegated to the Chief Planning Officer