Minutes:
30.1 Item C
Application DC/19/05956
Proposal Outline planning application (all matters reserved) – Erection of up to 18 no. dwellings and associated new roads, infrastructure and open space.
Site Location FRESSINGFIELD – Land Off Post Mill Lane, Fressingfield
Applicant C.E. Davidson Ltd
30.2 The Case Officer presented the application to the Committee outlining the proposal before Members, the previous appeal decision and history of the site, the proposed revised layout of the site, the contents of the tabled papers, and the officer recommendation of approval.
30.3 The Case Officer responded to Members’ questions on issues regarding the housing numbers in the Fressingfield Neighbourhood Plan, surface and foul water drainage systems, that the application was not deemed as being isolated as defined by the NPPF, the response from the Highways Authority.
30.4 The Planning Lawyer provided clarification regarding the flooding issues and the weight that it could carry for members when deciding the application.
30.5 The Case Officer responded to Members questions on issues including: that the proposal before Members would not add any further surface water drainage to the foul water system but that the proposed dwellings would be connected to the Foul Water system and add to the existing network that caused floods. The Senior Development Management Engineer advised Members that in the Planning Inspectors Appeal report they had determined that there were no highways issues within the village.
30.6 Following the comment from the Senior Development Management Engineer, the Planning Lawyer advised Members that Planning Inspectors decisions were not binding when considering a new application on a site but that due weight and consideration should be given to them.
30.7 The Case Officer advised Members that he had been in contact with the Area Planning Manager during the meeting and confirmed that Members could condition the use of a private foul water treatment system on site to address the concerns of causing additional flooding in Fressingfield.
30.8 The Case Officer responded to further questions from Members’ on issues including: the Planning Inspectors appeal report and their comments on the neighbourhood plan, and the number of times that there had been floods in the village over the past year.
30.9 Members considered the representation from the Parish Council representative, Diana Warne, who spoke against the application.
30.10 The Parish Council representative responded to Members’ questions on issues including: the impact of the development on the Neighbourhood Plan.
30.11 Members considered the representation from Elizabeth Manero who spoke against the application.
30.12 Members considered the representation from Nicole Wright who spoke as the agent.
30.13 The agent responded to Members questions on issues including: the material considerations associated with the application, that there was sufficient capacity in the drainage system and that no storm water would be added to the foul drainage network.
30.14 Members considered the representation from Councillor Lavinia Hadingham who spoke as the Ward Member who spoke against the application.
30.15 Members debated the application on issues including: local housing needs as identified in the Neighbourhood plan and sewage infrastructure issues.
30.16 The Area Planning Manager advised Members that the drainage issue and foul water system was a material consideration and advised that there was a solution of conditioning private sewage works for the dwellings or that a control mechanism be agreed.
30.17 Members continued to debate the application on the issues including: the recommendation from the Case Officer, the response from the Highways Department, the provisions within the adopted Neighbourhood Plan, the Planning Inspectors appeal report, the response from Anglian Water, the sustainability of the location.
30.18 The Area Planning Manager advised Members regarding the Council’s policies being out of date and that the tilted balance within the NPFF was engaged.
30.19 Members continued to debate the application on issues including: the issues around sewage and flooding, the highways response, the material weight of the Neighbourhood Plan, and whether the application should be deferred to seek Counsel’s advice.
30.20 Councillor Stringer proposed that the application be refused on the basis of the Fressingfield Neighbourhood Plan. Councillor Andrew Mellen seconded the proposal.
30.21 Members debated the motion on the issues including: whether a refusal at this time was appropriate or whether a deferral was more appropriate in order to seek Counsel’s advice.
30.22 A short adjournment was taken between 15:00 – 15:10 for the Chair to receive legal advice from the Planning Lawyer only.
30.23 After the break the Planning Lawyer and Governance Officer advised Members on the option of the Planning Referrals Committee. Councillor Andrew Stringer raised a point of order regarding the application being sent to the Planning Referrals Committee which was noted by the Governance Officer and Planning Lawyer who amended their advice to the Chair.
30.24 Members debated the advice from officers. Following this, a vote was not taken on the proposal to refuse Councillor Stringer withdrew his proposal.
30.25 Councillor Humphreys proposed that the application be deferred for the reasons as follows:
To seek legal advice on the weight of a made Neighbourhood Plan and if the tilted balance that engages the Local Plan affects the Neighbourhood Plan the same way, despite its full weight. Particular review of Para 12 of the NPPF is sought in this instance as well as paragraph 11.d)ii NPPF
30.26 Councillor James Caston Seconded the motion.
30.27 By a unanimous vote
30.28 RESOLVED
That the application is deferred for the following reason:
To seek legal advice on the weight of a made Neighbourhood Plan and if the tilted balance that engages the Local Plan affects the Neighbourhood Plan the same way, despite its full weight. Particular review of Para 12 of the NPPF is sought in this instance as well as paragraph 11.d)ii NPPF
Supporting documents: