Agenda item

To determine the application.

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

Members received a presentation, in accordance with the public participation procedure, from George Wilkinson, on behalf of the applicant. Mr Wilkinson stated that the reserved matters application was submitted in May 2024 and is for the details of appearance, landscaping, layout and scale following the grant of outline planning permission in January 2024. He expressed the view that the development will provide 110 new homes including a minimum of 20% affordable housing in a sustainable location making a notable contribution to the housing land supply and affordable provision in Fenland of a mix of one to four bed properties, with Fenland’s affordable housing officers involved in ensuring the affordable mix meets local needs.

Mr Wilkinson stated that throughout the last six months Allison Homes has worked constructively with officers and key statutory consultees including the LLFA, Local Highways Authority and affordable housing officers to address all concerns raised. He stated that amendments through planning include the introduction of vertical and horizontal vehicle deflection to reduce traffic speeds, the inclusion of permeable paving to help control the discharge rate of surface water as well as providing a form of water treatment and a 3 metre easement has also been provided along the entire length of the eastern ditch outside of plot gardens.

Mr Wilkson advised that the development would provide 2.2 acres of publicly accessible open space, providing areas of play and habitat creation throughout the site and enhancements to the public right of way to the south of the site along with financial contributions to improve the bridleway running north-south along the western boundary, which would also allow for improved connection to existing development. He stated that the scheme will provide energy efficient homes with all homes achieving an EPC rating of B or higher, with every house having an electric charging point, solar panels and air source heat pumps to provide sustainable homes.

Mr Wilkinson made the point that Allison Homes has worked closely with the Planning Authority and consultees to positively address all comments raised and the proposal has no objections raised by technical statutory consultees. He feels the proposal represents a high-quality development and he hopes that members are able to support the officer’s recommendations, thanking the officer for his comprehensive report and Gavin for his presentation today.

Members asked questions of Mr Wilkinson and Ms McCrae as follows:

·         Councillor Sennitt Clough referred to the open space and the habitat, which sounds lovely on paper, and asked who will manage this because on the Whittlesey application they wanted the Town Council to manage it and is there anyone in place to manage these areas? Ms McCrae responded that the management of the public open space is already secured through the Section 106 Agreement so on this site it is a residents management company and residents will be made aware of this before purchasing their properties, with Allison Homes managing the open space until a point where it can be transferred to the residents. Mr Wilkinson added that as part of the application they have submitted a landscape ecological management plan which highlights the maintenance schedules that the management company have to comply with and has been reviewed by Cambridgeshire Ecology with no objections.

·         Councillor Mrs French made the point that the outline application was granted on appeal and she was against it due to the flooding issues in this area and currently they are undertaking archaeology digs, where they are having to use pumps to pump out the amount of water and she hopes they get the drainage system sorted once and for all because this land does flood and she hopes the residents who eventually live here do not suffer. She stated that March Town Council would not take on the public open space.

·         Councillor Marks asked what happens if the residents decide they are not going to upkeep the open space areas, does it fall back to Allison Homes? Ms McCrae responded that it will form part of the TP1 to the transfer of that property so it is secured in perpetuity on the property rather than the resident and what the residents do, being directors of that management company, is the ability to change the managing agent so Allison Homes will set up the managing agent and if they are not happy with what that agent is doing they can change who is carrying out that maintenance. Councillor Marks clarified that Allison Homes sell the house and hand it over to the residents so it could get to a situation where the owners have no interest in upkeeping the open spaces and the land could fall into disrepair. Ms McCrae responded that the fact that it is secured on the property not the resident means they are legally obliged to be part of that management company. Councillor Marks stated he understands this but if the residents do not do anything who polices this, is this something that Allison Homes behind the scenes will police? Ms McCrae responded that no, once they finish that open space it will be transferred to the management company.

·         Councillor Gerstner asked how money is secured from the management company after it has been handed over and who sets who pays what and when? Ms McCrae responded that it is all part of the legal setup of that management company so residents will be informed of what that legal charge is at the point of purchase and how that is paid will vary by management company, it is normally a monthly or annual payment, and it is legally secured on that property so Allison Homes have no part to play in collecting that money or distributing that money, it is a legal setup of that management company with Companies House.

·         Councillor Gerstner asked if there is only one access in and out of the site and is there going to be any emergency access for emergency vehicles? Ms McCrae responded that there is one access off Upwell Road in and out of the site and through the determination of the outline permission appeal the Inspector added a condition requiring a non-vehicular emergency access, which comes in at the south-western corner of the site.

·         Councillor Connor asked how long they envisage being involved with the management company or will they walk away once the last house is built? Ms McCrae responded that they have to complete all the open space and landscaping in accordance with the approved plans and it has to be signed off by the management company and the Council before they transfer the land and the responsibility to the management company, which will be on final occupation.

·         Councillor Connor referred to the road and spur road and asked if they were going to be constructed to highway adoptable standard? Ms McCrae responded that they have undertaken a lot of work with Highways to make sure that all roads are up to adoptable standard, there were some amendments to the scheme after comments were received from Highways so it is known that the scheme presented today can be fully adopted. Councillor Connor asked if all roads are going to be adopted before it is handed over to the management company? Ms McCrae confirmed this was correct and there is a condition securing this on the outline planning permission.

·         Councillor Marks asked if the ditches and dykes will fall within the remit of the management company as IDBs keep getting hit with developments when suddenly residents are moving fences and they are unable to get the machinery in to clear them. Mr Wilkinson responded that it would become management company land and there is a condition placed on the outline planning permission that secures the drainage maintenance and management, which will get approved by the IDB or LLFA. Councillor Marks asked if this includes the distance the flail needs to drive down the side of dykes with fencing? Mr Wilkinson responded that there is a condition placed on the outline permission for ditch works which includes cut back, flailing, removing vegetation, excavating ditches, creating sumps and ensuring the ditch line has a suitable gradient for at least 765 metres. Councillor Marks asked if the width is known as the IDBs have increased it to 9 metres and looking at some of the properties that is going to be tight? Ms McCrae advised that it was a 3 metres requirement through the outline so all down the eastern boundary there is a 3 metre easement that is outside plot boundaries.

·         Councillor Mrs French made the point that drainage boards require 9 metres and there is no possibility that their machines will access these if 3 metres is being talked about and these dykes and ditches have to be kept in perpetuity. Ms McCrae responded that the ditch they are referring to down the eastern boundary is not an IDB ditch so the works that were mentioned are the works to get to the IDB ditch but the on-site ditch is not an IDB one.

·         Councillor Connor referred to the public right of way and bridleway between Cavalry Barn estate and this proposed development not being in very good condition and he acknowledges that they have voluntarily given £16,000 towards improving it but he does not believe that is enough as health and well-being is important, with walking being part of that. He asked, although recognising it is voluntary, can the £16,000 be increased to a realistic amount of money to make that a lot better? Ms McCrae stated that she would have to delegate to legal officers as she does not believe it can be undertaken on a reserved matters application. Councillor Connor stated he is just asking for it as a voluntary contribution as he realises it cannot form part of the Section 106 and asking out of the goodness of the company can they pledge any more money than £16,000 to bring it to a better standard for the health and well-being of residents. Ms McCrae responded that a discussion can take place outside of Planning Committee about what they can do as a developer to work with the local community but that cannot form part of a planning decision. The Legal Officer stated that this is not a material planning consideration, therefore, members should not take it into account when determining whether to approve or refuse this application. Councillor Connor reiterated that he understands this but it was just a voluntary ask for more money.

·         Councillor Sennitt Clough questioned that, when it is said that there will be something attached to the property in relation to the management company, is this a restrictive covenant on each property. Ms McCrae stated that this is her understanding.

·         Councillor Gerstner asked who the pumping station on this development belongs to, them, Anglian Water or the IDB and who is going to build and maintain it. Ms McCrae responded that they would build it and it will be adopted by Anglian Water. She added that they have been in discussions with Anglian Water and they know there is capacity within their network and the recycling centre so they will be adopting it and it would be designed in accordance with their standards.

·         Councillor Connor asked where the foul water is going to go to in the immediate vicinity? Ms McCrae advised that they would connect into the existing Anglian Water sewer in Upwell Road and it would eventually end up at March Recycling Centre.

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

(Councillor Mrs French declared, in accordance with Paragraph 14 of the Code of Conduct on Planning Matters, that she is a member of March Town Council but takes no part in planning. She also declared that she is a member of 11 Drainage Boards)