Agenda item

To determine the application.

Danielle Brooke presented the report to members.

Members received a presentation, in accordance with the public participation procedure, from Gareth Edwards, the agent. Mr Edwards made the point that the application comes with the support of officers and virtually all the statutory consultees apart from the Town Council but he hopes the committee will look favourably upon it. He stated that the comments of the Town Council are fair, however, this proposal is the last piece of the jigsaw and will allow all the roads and footpaths to be completed and adopted, with the applicant keen to move on site as soon as possible.

Mr Edwards advised that the application is to switch the extant approval for 26 mixed dwellings for 12 chalet bungalows and, in his view, the proposed dwellings will fit better with the already built dwellings on the site and very much look like Reason Homes properties. He stated that the overall development, open space and affordable homes exceed the current requirements and the proposal will reduce the number of dwellings by 14.

Mr Edwards stated that the applicant has reluctantly agreed to the NHS payment but it should be noted that he could have built the existing 26 units which did not require a contribution. He added that they have provided the solicitor details to make any revisions required to the Section 106 Agreement and hoped committee would be able to support the application with the conditions specified.

Members asked questions of Mr Edwards as follows:

·         Councillor Sennitt Clough referred to Ellerby Drive being an unadopted road and in the objections there are concerns from residents about this so this proposal will be on an unadopted road going out into another unadopted road. She asked how he proposes to navigate this situation? Mr Edwards responded that due to the length of time this development started the whole section has to be adopted at the same time so it could not be partially adopted on a phased approach. He continued that the only reason it has not been adopted is because the road has not been finished but once this proposal is constructed and finished it will come forward for adoption. Councillor Sennitt Clough requested clarification that the road will be constructed up to adoptable standard? Mr Edwards confirmed that it will be adopted by County, both the existing and proposed roads.

·         Councillor Imafidon made the point that it has been a long time since the first phases were completed and asked why it has taken so long to adopt it? He stated that there are a lot of developments where developers say the road is going to be to adoptable standards but then are not adopted so asked what is going to be different with this application? Mr Edwards responded that the agreement requires that either the original extant approval to be built out for it then to come forward and be adopted or this new proposal being developed for it to be adopted, which is a year long process from when it is completed and he is being told by Reason Homes that it will be adopted.

·         Councillor Connor expressed the view that it has been 15 years and it has not been brought up to standard and he feels that Reason Homes have a history of this referring to a site in Doddington and asked what comfort can be provided to him that this will be undertaken. Mr Edwards responded that Reason Homes have confirmed to him that they want to get the construction phase of this proposal finished and signed off, he has not been involved with the other developments on the site but they are doing everything to adoptable standards with a view to it being adopted which would require the other roads to be finished. Councillor Connor sympathised with this but made the point that the County Council or this committee cannot make the applicant put a Section 38 on that road if they do not want to sign a Section 38. Mr Edwards stated that it is in the applicant’s interest to receive the bond money back and get it finished.

·         Councillor Mrs French asked, if this application is approved, when is work likely to start? She stated that she was on the committee when the original development was approved and with regard to adoption it is 2 years after it has been built. Mr Edwards responded that it is the last asset the applicant has in Wisbech now and they want to get it finished. Councillor Mrs French stated that it has taken a long time but credit to the company as the quality of their homes are good.

·         Councillor Gerstner asked if the effect had been considered, if approved, the new building work would have on the existing residents and how are the building and the materials going to be accessed from the main highway? Mr Edwards responded that everything would have to come through the site, there is no access off South Brink, and there is a condition on the proposal for a management plan to be submitted.

·         Councillor Imafidon stated that there is access from South Brink but whether it is suitable or not he does not know because it is speed and weight restricted.

·         Councillor Connor referred to the attenuation pond, with Anglian Water being looked at to adopt this but as far as he is aware there has been no agreements with Anglian Water to take it on. He asked with the previous development and this new proposal will there be a management company if not adopted by Anglian Water? Mr Edwards responded that as far as he is concerned an agreement will be entered into with Anglian Water and there is no other solution as this is the intention. 

Members made comments, asked questions and received responses as follows:

·         Councillor Imafidon asked if there is way that a developer can be made to get the roads adopted? Matthew Leigh responded that there was not.

·         Councillor Marks stated he listened to the presentation and there was one word that hit home, this was regarding the NHS and a reluctance to pay that contribution so if they are reluctant to do this how reluctant are they going to be regarding adoption of roads and everything else. He feels if some sort of safeguard can be put in place, if this application was approved, he would feel more comfortable than just passing it as this is the last development within the Wisbech area and there are alarm bells ringing.

·         Councillor Connor suggested, with the committee’s backing, that with the 12 houses that are proposed, if approved, that a condition is placed on the approval that only 9 can be occupied before the road is made up to adoptable standard, which will alleviate some of the problem here.

·         Councillor Mrs French reiterated that she was on committee when the initial application was approved several years ago and there was going to be a doctor’s surgery but thinks it was removed as it was not required and not due to reluctance. She expressed the view that the condition regarding building out of 9 might not be legal. Councillor Connor stated that this condition is permissible and Councillor Mrs French is correct in that the doctor’s surgery was not needed at that time.

·         Councillor Marks made the point that the reluctancy was from what the agent said in his presentation about paying the money and was not in relation to the removal of the doctor’s surgery from the proposal.

·         Councillor Imafidon referred to the suggested condition proposed by Councillor Connor and asked what if the developer appeals or goes against this condition? David Rowen responded that the type of condition that Councillor Connor is indicating would be something along the lines of no more than 9 dwellings to be occupied prior to the road being brought up to adoptable standard or words to that effect and this would be a condition that would meet the relevant tests in terms of the lawfulness of a condition and if the committee is of the view that this is necessary to ensure that there is adequate access to these dwellings he can see no reason not to impose it. He added that this would only relate to the roads that are within the red line boundary of this application site so any other roads on this estate would not be included.

·         Councillor Mrs French expressed the view that there are houses finished and the roads are not complete so members need to be careful that there are not bits of road that do not get finished.

·         Councillor Connor expressed the opinion that his suggested condition will ensure that the roads on this application are complete, although the agent did indicate that all the roads would be to adoptable standard.

Proposed by Councillor Mrs French, seconded by Councillor Imafidon and agreed that the application be GRANTED as per the officer’s recommendation, with the additional condition of no more than 9 dwellings being occupied prior to the road being brought up to adoptable standard.

(Councillor Imafidon declared, in accordance with Paragraph 14 of the Code of Conduct on Planning Matters, that he is a member of Wisbech Town Council but takes no part in planning)