Agenda item

To determine the application.

The Committee had regard to its inspection of the site as agreed in accordance with the site Inspection Policy and Procedure (minute p19/04 refers) during its deliberations.

Alison Callaby presented the report and update report to Members.

Members received a presentation in objection to the application, in accordance with the Public Participation procedure, by Phillip Parker.

Mr Parker stated that he has been the Manager of Kings Dyke Nature reserve for 25 years. The nature reserve is located to the north and the west of the proposed Westhaven Nursery development site and is a very important site for wildlife. There are 3000 species of wildlife having been recorded including an internationally important population of great crested newts and other vertebrate populations, a significant proportion of which occur next to the boundary of the proposed development site. The importance of the site has been recognised through gaining a number of national and international conservation awards and recently it was one of the 50 sites visited by Chris Packham. With 1139 species recorded in the course of 24 hours this was the most diverse site that he visited anywhere in the country. The nature reserve is visited by an excess of 5000 people per year and is used by many schools for educational activities. The trail used by the schools is very close to the development boundary. The reserve’s importance has been recognised by a group of councils seeking to link the nature reserve to the important archaeological finds at Must Farm. Mr Parker stated that a Fenland District Councillor had quoted in a newspaper article earlier in the year that Kingsdyke Nature Reserve is a much loved reserve already enjoyed by residents and visitors alike’

Mr Parker stated that throughout the outline planning and reserved matters process concerns have been raised including a lack of an appropriate buffer to the nature reserve to protect it, and an appropriate buffer would be a minimum of 20 metres which is normally to be expected. In the Development Plans, there was a 10metre buffer to the northern boundary and no buffer to the west despite this being the most visible aspect to users of the nature reserve. Mr Parker commented that it is pleasing to see that the developers have amended the design so there is now an 8 metre buffer along the west of the boundary including the retention of the conifer screen and would welcome this screening to be protected by a TPO. Mr Parker added that whilst they still feel that the buffer is inadequate it is an improvement. Mr Parker stated they would also like to see an appropriate boundary fence to prevent unauthorised public and cat incursions into the nature reserve. There are potential impacts on the water regime within the nature reserve remain the one aspect where no improvements have been made and despite the observations made by the developers engineers the ground water locally is close to the surface and this has been confirmed by many years of monitoring. The pollution report fails to state the large number of ponds close to the development boundary which support the majority of the great crested newt population and fails to carry out any impact assessment. Mr Parker commented that concerns are still present over the road drainage by the means of soakaways and the highways authority shares the concerns and Cambridgeshire Highways will not adopt the road drainage scheme. The impact on water quality is critical and this concern is supported by ‘Bug Life’ and Natural England who advise the Council should secure the implementation of a water management scheme that is sufficient to demonstrate no adverse impact on the water environment. Mr Parker stated that no one from the Developer has ever visited the Nature Reserve and it is critical that a scheme is put in place to assess the current regime.

Members received a presentation in accordance with the Public Participation procedure from Robert Jays, the Agent.

Mr Jays stated that following negotiations with the former landowner Axiom purchased the site in December 2017. When purchasing the site it was always the intention of a more comprehensive development than the 68 dwellings already permitted in outline consent. Due to the significant financial commitment to purchase the site, Axiom did not wish to risk outline permission expiring with no formal planning permission and, therefore, detailed discussions were undertaken with the Planning Department to submit the reserved matters application before the Committee today and then to submit a further application for 16 more dwellings that is currently being considered. Mr Jays stated that he is aware that some consultees have raised concerns with regard to this approach, but the Developer has never intended to confuse matters. Mr Jays stated that as set out in the committee report an area of concern on the application site is the area of ecological interest on the site and whilst this is not dealt with in this reserved matters planning application the developer has been as proactive as possible in terms of the areas of concern including the employment of an ecological consultant who has produced a comprehensive mitigation strategy to ensure that no harm is caused to the protected species on site and make sure there is a limited impact on the nature reserve to the north. This approach has been agreed with the Councils wildlife Officer and Natural England. There has also been a meeting with the Wildlife Officer along with a representative from the nature reserve on site to discuss the issues and following the meeting additional information was then supplied and changes were made in order to mitigate concerns raised. Mr Jays commented that in his opinion he feels that a robust and acceptable strategy is in place that deals with the ecology issues on site and outside of the planning process the developer has been working with Natural England to give advice and assistance to deal with the mitigation to ensure that no protective species will be harmed. Mr Jays stated that Cambridgeshire Highways and the LLFA both objected to the original reserved matters planning submission and what is now proposed is a private road and drainage system that will be maintained by a private management company for perpetuity. Mr Jays stated that as a long term housing provider and owner of the completed dwellings it is in the best interest of Axiom housing to ensure that the scheme complies with all the necessary steps to negate the issue of flooding. A detailed drainage strategy has now been produced and now the County Council and the LLFA have removed their objections. Mr Jays stated that the principle for developing the site for residential use was established at outline stage and the application is of high quality design homes and in the long term and subject to the further planning application Axiom would like to construct a total of 84 houses on site and of these properties 58 will be affordable homes and this is a very significant over provision of affordable homes when compared to a policy compliant scheme,  providing 69% of the scheme for affordable use will be more than double the 25% required in the Fenland planning policy.

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

·         Councillor Sutton commented that there is a good mix of homes being provided and the sooner this application is passed the better as there are many people on the housing waiting list.

·         Councillor Mrs Laws understands the concerns of the nature reserve and appreciates the points raised by Mr Parker. However, the Committee are looking at the layout and the design today and providing the layout does not compromise anything for the future for the nature reserve with the boundaries then she has no problem with the proposal at all. Very often we debate that we have no affordable social housing development coming through and this site has all of those elements.

Proposed by Councillor Mrs Laws, seconded by Councillor Sutton and decided that the application be APPROVED as per the Officer’s recommendation.

(Councillors Miscandlon and Mrs Laws stated they were Members of the Whittlesey Town Council but take no part in planning matters.)