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 Mr Victor Aveling, a supporter of the application. Mr Aveling stated that he owns the two plots as well as 90 acres of land adjacent to the proposal site and has lived in Badgeney End since 1966 and his family have owned land there since well before the Second World War. He explained that Badgeney End was originally part of Silt Road until all of the residents were concerned that an unmanned railway crossing was being used by people visiting them and a request was submitted for that section of road to be renamed Badgeney End.

Mr Aveling stated that Railtrack regard the unmanned gates as an occupational crossing and there has been no objection from the County Council and, therefore, there is a proposal to close them for public use and Badgeney End will become a cul de sac at the end of Badgeney Road. He explained that there are currently 6 dwellings with three of the dwellings being occupied by elderly residents and the addition of younger residents would be a welcome addition to the small community.

Mr Aveling stated that it appears that several people are worried that the proposal is the first step to the creation of a housing estate, and stated that nobody wants the area to become a housing estate. He explained that when he moved to area in 1966 it was all arable land with only 2 or 3 trees and since then he has tried to improve the natural environment by planting 700 trees and allowing the area around the pond and alongside the river to grow naturally, which is appreciated by many people who use the footpath along the River Nene and explained that this is mowed every week and he has never had to litter pick at all as the walkers take it upon themselves to do this.

Mr Aveling expressed the view that there appears to be a shortage of plots in March where people can build their own homes to their own design, and added that he was advised by the two gentlemen that they have been searching for some time for somewhere to build their own houses. He stated that he has read the comments with regards to the risk of flooding and to the best of his knowledge there has been no flooding at the site, and it was safe at the time of the Great Flood in 1947 and was not capable of being flooded after the steam driven Engine was installed in the mid-19^th Century.

Mr Aveling expressed the view that he is also puzzled when hearing about flash flood risks and the Environment Agency class the whole of the Fens as a flood plain and measure the flood risk as though there are no drainage works. He expressed the opinion that the only danger to the drainage system is if developments cause so much run off that the drainage authorities cannot cope but in the case of the proposal all of the runoffs will be absorbed within the site. 

Mr Aveling stated that the one of the first decisions made by Fenland District Council when it came into existence was that the Council would pay all of the drainage rates that were due on residential and commercial property, and they considered that the whole of Fenland benefited equally from the drainage works and not just those liable for drainage rates. He stated that his son also lives in Badgeney End and between them they believe that they have both created a pleasant natural environment there and they do not want to ruin that by creating a housing estate. He added that if he envisaged a housing estate then he would have registered his land with the Council, when they had put out a call for sites for the emerging Local Plan, and they do not feel that the two additional houses will be out of place.

Members asked questions of Mr Aveling as follows:

·       Councillor Gerstner stated that it is very commendable that Mr Aveling has planted all the trees he referred to in his presentation and asked Mr Aveling whether he could confirm if the field is being actively farmed at present? Mr Aveling confirmed that it is being farmed at the present time.

·       Councillor Marks asked Mr Aveling whether he expects looking forward as there may be further proposals brought forward for development of barn conversions and more houses at the side where the two proposed properties will be? Mr Aveling stated that is the last thing he wants to see, and he does not want there to be a housing estate as he has spent a great deal of time and energy creating a pleasant environment which he does not want to see ruined as he lives there. Councillor Marks stated that he understands that but questioned that if that is the case then why consideration should be given to the construction of two more dwellings. Mr Aveling stated that half of the houses are occupied by residents who are over 80 years old and there has always been a small community who help each other, and he does not see any harm with the introduction of another two dwellings. He added that two people that he knows are looking for houses and stated that he advised them that he would apply for planning permission to see if approval could be achieved as it would be beneficial to have people he knows living there.

·       Councillor Imafidon asked whether the barns that are on site are being used currently, as the images that can be seen on Google maps depict them as being dilapidated and overgrown. Mr Aveling confirmed that all the barns are in use on his farm. 

·       Councillor Benney asked Mr Aveling whether the plots are in any way in connection with the working farm business? Mr Aveling confirmed that they are not, and added that none of the houses that are there are occupied by anyone in the agricultural business.

Members received a written representation read out by Member Services, in accordance with the public participation procedure, from Mr Douglas Sawyer, the applicant. Mr Sawyer advised that he has lived and worked in March his entire life along with most of his family and his wife has lived here for 20 years plus, with them having 2 children who attend either secondary school or college. He stated that through their work both himself and his wife support many local charities and regularly take part in fundraising, with them already being registered with a local doctor’s surgery that they have used for 20 years, and they pay privately for both themselves and their children’s dentists.

Mr Sawyer expressed the view that through extensive searching he has found no other executive style homes for sale in March that suit their needs, with this house not only providing a home but also allow them to build a workshop and store as their local business continues to expand. He stated that it is his intention to plant extra trees around our boundaries to offer new habitats for local wildlife and himself and his wife both work for themselves locally, himself as a builder and landscape gardener and his wife as a full-time baker and local market trader.

Mr Sawyer made the point that it is his wish for them and their children to stay within the March area as they have built a client base and friendships here. He believes that this plot will allow them to do this and, in the process, will free their 4-bedroom home in the middle of town to another young family. He thanked members for the opportunity to explain a little about why he would like to build this home.

Members received a presentation, in accordance with the public participation procedure, from Matthew Hall, the Agent. Mr Hall stated that there are no objections from Highways, the Environment Agency, Environmental Health or Archaeology. He added that the occupants plan to include the planting of trees, hedges and to add bat boxes and hedgehog homes and there will be no trees removed as part of the development.

Mr Hall stated that three of the applications on the agenda for this afternoon’s meeting fall into Flood Zone1 and 3 and all are various types of proposal, and all were recommended for refusal by March Town Council. He explained that in the officer’s report under 9.5, it states that the site is not physically isolated due to the existence of the nearby dwellings and the officer does raise the concern of lack of nearby services, but, in his view, there a shop in Badgeney Road.

Mr Hall explained that he disagrees with the comment in the report regarding the lack of a bus stop as he recalls a bus stop being outside the shop in Badgeney Road and made the point that the bin lorry accesses Badgeney End. He stated that there have been other applications which have been approved by the committee which are in Flood Zone 3 against the officer’s recommendation where the officer believes that the proposal would be away from the built-up form of March, which include an application on land west of 167 Gaul Road which is in Flood Zone 3 and away from the built-up form of March and was approved by the committee in April 2023 and land west of Broadlands, Whitemoor Road in March which was for three plots and was also approved by the committee in April 2023.

Mr Hall clarified that the barns next to the proposal site are not in the ownership Mr Aveling. He expressed the view that the current proposal will allow two executive dwellings adjacent to an existing dwelling and barns and Mr Aveling has already advised the committee with regards to no episodes in the 60 years he has resided there and added that there have been no objections from highways or environmental health and mitigation measures have been included which have been approved by the Environment Agency, with there being a net gain in biodiversity.

Members asked Mr Hall the following questions:

·       Councillor Marks stated that in the written representation from one of the applicants there was a reference made to a workshop and he asked for clarification as to whether the applicant intends to run his business from the site? Mr Hall stated that one of the applicants is a landscape gardener and, if approved, he would be looking to build a larger than normal garage where he would be able to store his tools and plant. Councillor Marks asked for clarity as to the owner of the barns and Mr Hall confirmed that the barns in the photo are in separate ownership.

·       Councillor Gerstner asked whether there are any paths and streetlights along the road and Mr Hall confirmed that there are not.

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

·       Nick Harding advised the committee that the application has not been made on the basis of an agricultural dwelling nor on the basis of custom or self-build properties notwithstanding what was said by the speakers and on the application form it has been applied for as market housing.

·       Councillor Marks asked whether businesses or workshops were mentioned in the application and officers confirmed that is correct.

·       Councillor Marks stated that he is concerned to hear the words workshop and plant mentioned by speakers as the road is not an ideal road to be used by lorries whilst he appreciates that agricultural traffic currently uses it. He added that if permission is granted, he has concerns that the barns will fall into being very marketable value for conversion.

·       Councillor Gerstner stated that the agricultural land is being farmed and to place two dwellings on such a narrow road with no footpath and lighting is concerning. He added that there is the potential for a workshop which could lead to issues on the road, and he does not agree with the loss of agricultural land.

·       Nick Harding stated that the loss of agricultural land is not a reason for refusal that officers have put forward. He added that the proposal is for two dwellings and nothing concerning the operation of a business from the properties is mentioned in the application and, therefore, that cannot be used as a consideration for determining the proposal. Nick Harding added that what may happen in the future with the barns is for a future possible application and planning legislation surrounding barn conversions is generous and if an application is submitted it will be dealt with appropriately.

Proposed by Councillor Gerstner, seconded by Councillor Marks and agreed that the application be REFUSED as per the officer’s recommendation. 

(Councillor Mrs French declared that she is a member of a committee that the applicant also sits on and took no part in the discussion and voting thereon)

(Councillor Benney declared that he knows the agent for this application, and he has undertaken work for him, but he is not pre-determined and will approach the application with an open mind)