Agenda item

To determine the application.

Gavin Taylor presented the report and drew members attention to the update report that had been circulated.

Members received a presentation, in accordance with the public participation procedure, from Will Hodgson, the applicant  Mr Hodgson explained that Barratt David Wilson Homes already control 65% of the allocated site and he has been in discussions with both of the land owners involved with regards to bringing forward the whole site, which are subject to current separate planning applications, but he is committed to delivering and helping the other two applicants in delivering the whole allocation. He stated that, from the start, his strategy has been to ensure that the whole allocation can be delivered comprehensively and to achieve this he has ensured both of the access points have sufficient capacity to deliver the whole 600 to 650 units across the allocation.

Mr Hodgson explained that the proposal includes a comprehensive drainage strategy and there will be an equitable approach to the land split in order to determine how many dwellings are proposed on each parcel of land. He stated that the site will be delivered with both of the house building brands namely Barratt Homes and David Wilson Homes and the combination will bring forward a greater house type variety and will, therefore, provide the ability to deliver different design traits across the site.

Mr Hodgson made the point that, although subject to approval, the intention is to use Lambs Hill Drove as the construction access point and all construction vehicles would be limited through March Town Centre and up Wimblington Road, with the show homes and primary access for early parts of the site being off the Wimblington Road accessed at number 40. He added that he has listened to and responded to members, residents and statutory consultees throughout the planning application, and this will continue through the progression of the reserved matters stage.

Mr Hodgson stated that he is now proposing bus infrastructure measures along Wimblington Road and within the site itself along with better pedestrian and cyclist connectivity throughout the site and off-site highway improvements are being proposed along with a drainage strategy which avoids existing infrastructure issues on Barkers Lane. He explained that he is committed to delivering the scheme along with the Council and he sees it as a fantastic opportunity to create a legacy to support the growth of March.

Members received a presentation, in accordance with the public participation procedure, from Andrew Hodgson, the agent, along with George Beevor-Reid, their drainage expert present to answer any questions. Mr Hodgson stated that 425 houses are being delivered as part of the allocation and one of the points raised as part of the consultation with the public and with local members was the issue of foul drainage, which is referred to in the officer’s report where mitigation measures have been taken to avoid any further issues along Barkers Lane by implementing a separate pumping station which pumps along to The Avenue. He advised the committee that the other two applications which form part of the allocation will also be able to feed into that system as well and, therefore, that should negate any capacity issues from the scheme.

Mr Hodgson referred to the benefits of the scheme which have been included with the application and they include up to 85 units of affordable housing depending on how many of the 425 they deliver, 1.59 hectares of safeguarded playing fields for Neale Wade College and if they do not to go to the college, there is always the option in the future for that to be put as additional open space. He added that there is also 7.47 hectares against a requirement of 5 hectares for public open space across the development as well as a NEAP and a LEAP, Community Orchard and Garden and he made the point that with regards to biodiversity net gain, whilst there is no requirement to deliver it, the figure would be approximately 11%.

Mr Hodgson stated that overall, in addition to the £2,000 per unit and the Section 106 contributions, the applicant is also contributing £1,500 per unit to Peas Hill and Mill Hill roundabout mitigations and those figures equate to double the obligations that are normally found in such sites in terms of viability. He made the point that the scheme has been carefully considered and they have worked closely with the officer to ensure all the issues had been addressed prior to coming before the committee.

Members asked the following questions:

·         Councillor Mrs French stated that she is delighted with the contributions being made which exceeds what is requested and she asked whether Section 38 Agreements are being considered for road adoptions? Will Hodgson confirmed that they are.

·         Councillor Mrs French stated that the application is only in outline stage, and she is hopeful that when the reserved matters stage is brought before the committee, the enhanced contributions which have been promised today are still going to be viable.

·         Councillor Mrs French asked whether the applicant has been in communication with the drainage board as it is very disturbing that they have not provided any input into the application. She added that she is aware that they are not a statutory consultee, but they have been asked to provide something in writing for all larger allocations. Mr Beevor-Reid explained that at the commencement of the application they completed the Middle Level Commissioners pre-application form on 9 February 2023 and despite numerous attempts to chase them with regards to the application, a response has never been forthcoming. Mr Beevor-Reid added that there is no intention to go directly into their network as it will be the greenfield rate and, therefore, there should be nothing to discuss as the natural drainage regime is being maintained.

·         Councillor Booth stated that with regards to the use of SuDs on the site, is there the intention for the local Internal Drainage Board to manage it, if they agree or will it be maintained by a private management company? Mr Beevor–Reid stated that the preference would be for the drainage board to assume responsibility if they are willing to do so with the fallback position being a management company.

·         Councillor Marks expressed the view that one of the biggest concerns does appear to be that of flooding and he asked what mitigation can be implemented straightaway to clear the dykes when development commences. He added that the dykes to the roadway are full and there have already been flooding issues due to foul and surface water and there needs to be assurance that it will be one of the first things which takes place on the site. Will Hodgson stated that the dykes which are situated on the site and adjacent to the site will be cleared following purchase of the site, with one of the big issues that he saw at the public consultation was with regards to the foul water issue along Barkers Lane which has historically flooded some residents back gardens. He stated that he has had discussions with Anglian Water over the last year or so with regards to the maintenance regime of that and surveys have been undertaken but expressed the view that it is a maintenance issue for Anglian Water to resolve along Barkers Lane in terms of the physical foul water infrastructure there.

·         Councillor Marks asked for clarification with regards to the point raised concerning undertaking of surveys of the Anglian Water network there already and it was confirmed that it was no surveying as such, however, the sewers that are there had surveys undertaken in order to ascertain what is already there and what the current condition was. Mr Beevor–Reid explained that as a result of the public consultation where the issue of the foul water was raised in Barkers Lane a discussion took place with Anglian Water in order to find a different solution and, as a result, they have come up with the suggestion of bypassing the foul sewers.

·         Councillor Marks questioned whether the reason for the applicant putting their own sewers in is because it is felt that the current Anglian Water system would not be able to cope or because of the state of repair. Mr Beevor–Reid expressed the view it is the state of repair and he added that due to the pipe sizing there would be capacity in the sewers in Barkers Lane and that was the original response provided by Anglian Water. He added that he believes that those issues arise because of the level and the maintenance of those that get blocked up which is why the bypass solution is being used.

·         Councillor Booth stated that the officer’s report at 10.28 states that the runoff from the current greenfield rate would not increase volume and he questioned that if hard standing is built then there may not be an increase in volume but in general there would be a decrease in time for it to get into the system and then that is where the flooding issues would occur. He added that whilst he understands what will happen in practice, there will be more water at a quicker rate going into the drainage system and he asked how that can be mitigated? Mr Beevor-Reid explained that there are the three large basins on the western boundary of the site and, therefore, the water will go to those effectively unrestricted from the development hardstanding and then from those into the ditches, where the restriction will be. He added that the restriction will be at the greenfield rate and then the ponds will fill up whilst the restriction is in place and then slowly go back into the network, which replicates the existing regime.

·         Councillor Booth stated that he was grateful for the explanation but, in his opinion, it highlights that when severe weather events take place such as those which March has experienced it is the time span which becomes a significant factor. He added that if there are ponds and water features for the water to go into then there could be the risk of the water backing up into the residential area which is where a lot of the concern will be. Mr Beevor–Reid stated that the combination of the size of the basins means that they can accommodate a 1 in 100-year storm, plus 40% climate change on top, which is the requirement deemed by the Lead Local Flood Authority (LLFA) for the site. He added that through the detailed design, the water would be part conveyed to those basins through swales as opposed to pipes in some parts of the site which would then help to slow down the rate in which it would reach the features.

·         Councillor Booth made the point that this area has suffered 3 times from1 in 100-year events over the last five or six years and, in his view, it is not the right standard and he expressed the view that the measures do need to be looked at to make sure that they are further improved.

Members asked officers, including Ben Woolf, LLFA, Hannah Wilson, Anglian Water and Andrew Connolly, Transport Assessment Team at Cambridgeshire County Council, the following questions:

·         Councillor Mrs French asked Andrew Connolly how the proposal would affect the March Area Transport Scheme (MATS)? She stated that she was sent an email in June which stated that the County Council had requested that the application should not be determined until further additional information has been submitted and reviewed. She added that she has another email dated 5 August which states that they are now happy with the proposal, and she asked for an explanation to be provided. Andrew Connolly stated that in relation to the first email that Councillor Mrs French refers to, there were still a couple of outstanding points at that time which were related to Peas Hill. He explained that the second email that referred to from August confirms that those outstanding issues had been addressed and, therefore, there are no objections to the proposal.

·         Councillor Imafidon asked for elaboration on the point with regards to discussions concerning the railway line leading to further access. Gavin Taylor stated that on 24 October 2023, the Council’s Assets and Projects Team stated that they had no comment to make but they had a proposal for CPCA funding to bring the disused railway footpath up to a usable standard which they were currently exploring. He added that the BCP indicates that there may be opportunities to tie into that and it is dependent on how it progresses but there may be opportunities through more detailed matters to create points of access into that to encourage countryside access and more sustainable modes of travel and healthier lifestyles. Gavin Taylor stated that it is something that is in its infancy at the current time and it is dependent on how the Council progresses with future works on the railway line.

·         Councillor Mrs French stated that she is a member of the County Council’s Highways and Transport Committee and in the officer’s report at 10.8 it states that the applicant has undertaken detailed discussions with regards to the supporting travel plan and in particular with regards to securing a new demand responsive bus service. She added that is in operation in the south of the country and it costs £165 per person, and she asked officers whether they are sure that this is definitely not going to happen because it is not feasible. Gavin Taylor referred to the update report and he explained that it is not a new bus service, it is the existing FACT bus service, and the contributions are to go towards financing that. Councillor Mrs French stated that she does not think that it is a permanent arrangement due to the fact that transport is now under the umbrella of the Combined Authority. Andrew Connolly stated that it does fall under the remit of the Combined Authority and discussions have taken place with them and they are happy to route the bus this way with the supporting contribution.

·         Councillor Booth stated that a lot of the finer detail with regards to the drainage scheme will be developed at the next stage of the application and, in his view, members have been told previously that there are no drainage issues which could not be overcome without proper design, with water tending to follow gravity which has become evident at times in the local area. He made the point that he would like assurances that, although the commitment has been promised with regards to the minimum standards being implemented, as the local area has suffered over the last few years with flooding events, delivery must be to the right standard for that location. Councillor Booth expressed the view that he would like to see in the recommendation that the SuDs should be managed by a local public body as he believes that the Local Flood Policy from the County Council does state that as the preference. Gavin Taylor stated that the Section 106 Agreement would contain SuDs in terms of the adoption route and if the preference is for Anglian Water to adopt then something could be built into the Section 106, which can cascade that down into the adoption. Councillor Booth added that the Internal Drainage Boards must not be forgotten as they are the experts in managing these types of facilities.

·         Councillor Mrs French asked Hannah Wilson whether there is the intention to deal with the sandbags left in Barkers Lane following the issue with foul water and flooding? She stated that the sandbags have not been removed to date and the issues have been occurring for many years which is not pleasant for the local residents. Hannah Wilson explained that works have been undertaken to resolve issues at Barkers Lane and the Knights End pumping station which have included maintenance works, wet well cleans as well as updating the non-return valves and installation of new sewer monitors which display any issues arising in that network. She made the point that she cannot definitively state that there will be no further issues and that no further instances of flooding will occur. Hannah Wilson explained that when storm events take place that is when the issues arise, and they are caused from the rainwater and surface water getting into the foul network. She explained that new sewer monitors will also be located within the network as well as them being located at the pumping stations. Hannah Wilson stated that with regards to the application, the avoidance of any connections within the Barkers Lane constrained area are going into the 300mm sewer on The Avenue and, therefore, will not be making the situation any worse.

·         Councillor Marks stated that he does not know when the monitoring work took place but there has definitely been recent flooding in this area, adding that he undertook a very recent visit to the site and found the area to be disgusting along with broken sandbags. He stated that he has concerns and, after hearing from the applicant today, there are issues which have been identified and he made the point that he would like to know when Anglian Water are going to act, with it not being right for the committee to approve or refuse a planning application especially when there are known issues and he asked Hannah Wilson what time frames have been identified to address the issue? Hannah Wilson stated that a great deal of the work that she has already referred to, especially at the pumping station, has already been undertaken and she agreed to consult with her maintenance team to resolve the mess and issues concerning the sandbags. She explained that as part of the future works there is going to be a CCTV survey undertaken of Barkers Lane and she added that one has been carried out previously, but an updated one is going to be undertaken. Hannah Wilson made the point that the root cause of the situation at Barkers Lane is down to the surface water getting into the foul only network and the shallow gradient of that network makes it very difficult. She added that proactive works need to be undertaken with the local residents and the Town Council to ensure any misconnections which have gone into a sewer network can be resolved in collaboration with the LLFA and other flood management bodies.

·         Councillor Marks stated that he would like to see some guarantees from Anglian Water, making reference to the applicants and agents for the application who have given assurances that they will clear the dykes to try and resolve that part of the flooding but he still has concerns with the addition of another 425 homes, finding it surprising that there have not been other recommendations made to cure the existing problems before more houses are added. Ben Woolf from the LLFA stated that as far as the problems on Barkers Lane are concerned there is no reason for the LLFA to object to the development, explaining that the development will not exacerbate the situation and the connection and discharge point is nowhere near where the existing issues are. He stated that the surface water is not coming from the site and, therefore, there are no grounds for objection.

·         Councillor Mrs French stated with regards to working with the Town Council, they are only consultees and can only make recommendations. She added that she has been a member of March Town Council for 34 years and the problems are ongoing and have been repeatedly reported over many years. Councillor Mrs French stated that the sandbags need to be removed as they are disgusting and are a health hazard. Hannah Wilson stated that she will feed back to her maintenance team and will report back on the issues raised today. She stated that in terms of the planning application the surface water is being managed on site and they are not connecting to the network as well as bypassing the foul network totally where the issues have arisen.

·         Councillor Booth stated that the issue that March has suffered from is that there is so much water going into the whole system is actually backed up and, therefore, there would be nowhere else for the water to go. He added that for the point to be made that the water cannot go into Barkers Lane, in his view, is an incorrect statement to make because water will flow eventually to where it wants to flow. Councillor Booth added that if the outstanding issues can be resolved if the other part of the system is at capacity then there will be no opportunity to divert the water away from Barkers Lane. He added that there must be assurances that this does not happen with this planning application.

·         Matthew Leigh stated that the committee can only consider the planning application before them, and he added that as the officer’s report clearly states its position with regards to surface water drainage whilst accepting that there may be existing problems outside of this site but as long as the application does not exacerbate them, they cannot be considered as part of the application. He stated that he appreciates the frustration felt by the local residents, but it is not something to be considered as part of the planning application.

·         Councillor Booth stated that there have been some extreme weather events where the whole system has been overloaded and for the point to be made that the water is going to discharge into a different point and, therefore, will have no impact, in his opinion, is wrong as there can be no cast iron guarantees. Matthew Leigh explained that the point he was trying to make is that any impact that happens because of extreme flooding would happen now and the evidence states that the application would result in a neutral impact and, therefore, anything that currently happens will be the same.

·         Councillor Mrs French stated that she is pleased to see that the sewage and the surface water is not going to be directed down Barkers Lane, however, the problem exists and councillors have to take this into consideration when determining the application due to the number of angry residents who have raised concerns. Matthew Leigh stated that he totally understands the frustrations of the local residents, but the committee are here to determine the application before them and the planning matters with regards to what is before them.

·         The Legal Officer stated that whilst she appreciates the genuine concerns of the local residents with regards to the flooding issues in the current situation, she cautioned the committee with regards to the considerations that they are regarding as material on the application when making their decision. She added that the application will not alter the position with regards to foul or surface water drainage in Barkers Lane and it will not exacerbate any existing issues. The Legal Officer reiterated that the application site deals with its own run off and drainage and those are the facts. She added that if members of the committee have regard to existing situations which the application does not impact and then use that as a reason to refuse the application then the Council would lose at any appeal and would most certainly incur costs.

·         Councillor Mrs French stated that as there is an officer present from Anglian Water, she has taken the opportunity to raise the concerns with regards to the issue in Barkers Lane to try and assist the disgruntled residents. Hannah Wilson suggested that attends a meeting at March Town Council where members of the District Council’s Planning Committee would also be invited to attend.  

·         Councillor Booth requested clarification from officers with regards to the fact that even if there is a severe weather event then with the drainage from the application site, there will be no issues caused at Barkers Lane. Ben Woolf stated that the system has been modelled extensively using up to date data and in the 1 in 100-year episode plus 40%, there is no flooding on site and the site will continue to discharge at the greenfield qbar rate whereas currently it would be way above that. He added it will slightly improve the runoff going into the Internal Drainage Board ditch. Ben Woolf added that in terms of the IDB capacity, which is down to them as they have been consulted and if they agree to adopt those flows it is not a matter for the development.

·         Councillor Marks stated that he has noted from the report that there have been comments with regards to the fact that speeding along the main road is an issue and whilst he would not wish to see a 20mph speed limit, he asked what mitigation measures can be introduced to slow the traffic along that particular stretch of road? Andrew Connolly stated that the existing speeding situation is not something for the applicant to remedy as it is an existing issue. He added that there is a possibility of considering a signage package but that would need to be discussed with development management officers. Councillor Marks asked what type of signage that would include? Andrew Connolly stated that flashing signage, speed limit signs and markings on the road could be considered.

·         Councillor Booth asked whether that would include activated speed signs and speed reduction devices? Andrew Connolly stated that would need to be discussed by officers from Development Management.

·         Councillor Mrs French stated that she would discuss this with colleagues at the County Council to ascertain whether there are any funds available under the March Area Transport Scheme to address the issue.

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

·         Councillor Mrs French stated that she is delighted to hear that the surface water and sewage is not going to impact Barkers Lane. She added that she is completely overwhelmed with the additional Section 106 money which is being included and she also congratulated the applicants on their decision that the £96,000 is not being placed into a halo operation.

·         Councillor Imafidon stated that he has never seen such a generous offer from an applicant since he assumed his role on the Planning Committee, and he commended the developer for their Section 106 contributions and for all the additional provisions included within the application.

·         Councillor Booth stated that he has read the reports and all of the issues have been addressed at the meeting today including that of flooding. He added that the application has already been agreed in principle through the local development plan, the BCP and March Neighbourhood Plan and the site has effectively been given the green light for development. Councillor Booth made the point that the only aspect he would like to see firmed up would be the management of the SuDs.

·         Councillor Mrs French stated that it is looking likely that the application is going to be approved and she added that she had intended to ask the applicant when the likelihood of the reserved matters application would be received. It was confirmed that it would be submitted as soon as is practicable.

·         Councillor Marks stated that he would like to see a condition added to the application should it be approved that the ditches should be cleared prior to any development commencing on the site.

·         Councillor Booth stated that the conditions do allow for that and, therefore, officers appear to have covered that under the existing conditions.

·         Councillor Mrs French stated that she will highlight the issue to the Chief Executive of the IDB and she agreed that the ditches all need clearing out.

·         Councillor Booth stated that the IDB will not clear the ditches free of charge and they normally add a levy which they apply to the developer, but he would prefer for it to be managed by the IDB rather than a private management company.

·         Councillor Marks stated that if the developer is going onto the site then it maybe something that they do prior to commencement of development and then hand it to the IDB.

·         Gavin Taylor explained that with regards to the points made concerning the SuDs and Section 106, he has made a note, however, it is quite a standard entry into the 106. He added that with regards to the clearing of ditches prior to commencement of development, the proposal is for the development to take place in phases and there is a condition requiring a phasing plan to be agreed. Gavin Taylor made the point that it is important to note that from a drainage aspect, it is one of the first aspects of a development to be implemented because not only is the drainage for housing being introduced there is also the requirement to ensure that any drainage that might run off during the construction phase does not enter into the water courses. He stated that in terms of general site arrangements it normally follows that you would set out your drainage as part of the first phase of construction before commencement of works and then you need to ensure that the site drains properly, and you cannot ask for all of the ditches to be cleared in one go because it would not meet the tests due to the fact that you can only request for works to be carried out on the development that it is going to have an impact on. Gavin Taylor explained that the ditch clearing would be undertaken in accordance with the phases of the development.

·         Councillor Marks made the point that as there are already drainage issues there surely the clearing of the site in its entirety would be better from day one. He added that as time goes on it is a known fact that the water needs to go somewhere as clearing the ditches in their entirety is for the betterment of the site.

·         Gavin Taylor expressed the view that he would be cautious of adding planning conditions requiring works to be carried out which do not meet the tests of planning conditions, which have to be reasonable, and necessary and related, and he explained that if members are requesting for a ditch to be cleared at the north of the site when it is not going to touched for another two or three years through the development then it may not meet the test of planning conditions. He stated that he does not want to agree at today’s meeting for that condition to be included because it may mean that subsequently it may not be able to be included because it does not meet the tests of those conditions. Gavin Taylor explained that he is happy to consider it as a condition and then through formatting and formulating the final condition which he would hope the committee will delegate to officers to resolve. He made the point that once he has the final schedule of conditions agreed internally and with the applicant as well, he would be content to communicate the conditions to the committee prior to the decision being released which will not be until such a time as to the finalisation of the Section 106.

·         Councillor Mrs French stated that she has not heard any members of the committee request for all the ditches to be cleared all at once. She added that she does not want there to be a delay with the Section 106 Agreement as is the case sometimes and it does have an impact on development across the whole of Fenland.

Proposed by Councillor Mrs French, seconded by Councillor Imafidon and agreed that the application be APPROVED as per the officer’s recommendation.

(Councillor Mrs French declared that, in accordance with Paragraph 14 of the Code of Conduct on Planning Matters, she is a member of March Town Council but takes no part in any planning applications and she is also a member of eleven Internal Drainage Boards, but she does not discuss planning applications at any drainage board meetings)

(Councillor Purser declared that, in accordance with Paragraph 2 of the Code of Conduct on Planning Matters, he had been verbally lobbied on the application but it would not effect his decision making when determining the application)