Agenda item

To determine the application.

Gavin Taylor presented the report to members.

Members received a presentation, in accordance with the public participation procedure, from Rob Parsons, the applicant. Mr Parsons stated that he represents Parco Developments who are the applicants for the proposed development and they are a small construction company, with the development representing a considerable investment for his company. He added that he is aware of a number of objections to the application and most of them appear to be around the subject of access and overlooking, with the application being before the committee due to the number of objections.

Mr Parsons stated that, with regards to access, a number of the adjacent properties’ rear gardens back onto the application site and the owners of those properties have given themselves access into the land, with the land having also been used previously as a short cut through and prior to the purchase of the land, checks were undertaken with his solicitor to check who had access rights and what the access rights were. He explained that the searches revealed that none of the properties that back onto or who are adjacent have any access rights other than for maintenance and repair and he added that it is not a public right of way or byway, with the fact that it has always been open, and people have chosen to walk through and give themselves access being one of the main reasons which has formed part of the submitted objections.

Mr Parsons explained that the land has now been fenced off which has removed the access for people, however, that access was not permitted in the first place. He expressed the view that he did have concerns with regards to people fly tipping and as the landowner he is now responsible for anybody who accessed land, adding that should somebody access the land and have an accident then he would be responsible for any injuries and, therefore, by fencing off his land it will look to address the risk of fly tipping and also unauthorised access.

Mr Parsons added that when considering the objections concerning loss of light and overlooking, he took into consideration the advice and guidance from the Planning Officer and the scheme was reduced to include single storey dwellings even though there are two storey properties adjacent to the application site. He explained that the scheme was also reduced from four units down to two even through the four units met the planning criteria and made the point that he has considered the advice given by officers and have been considerate to the neighbouring properties and he hoped the committee would look to approve the application.

Members asked the following questions:

·         Councillor Sennitt Clough stated that she understands that people have chosen to use the land for different reasons, and she is familiar with the area and is aware that children have used the site as a playground. She added that is it hard to re-educate children and she asked what steps he plans to take to re-educate the children with regards to the dangers on the site during the construction phase? Mr Parsons explained that as part of his role as a developer there are certain measures which have to be adhered to in order to protect members of the public and those steps include keeping the site secure during construction and ensuring the site cannot be accessed at any time which will include erecting signage and fencing to ensure everybody is kept safe. He made the point that within 100 yards of the site there is small pocket park which the local children can use along with a new primary school which is being built in the area. Mr Parsons added that the application site is not a suitable area for children to play in due to the many changes in levels and the fact that the area is just a concrete surface. Councillor Sennitt Clough expressed the view that the application site will probably be far more attractive to the children rather than the playground and asked whether he would consider undertaking a leaflet drop to the local area in order to make parents aware? Mr Parsons stated that as a matter of course whenever he is undertaking development in a built-up area his company contact all of the neighbours and provide contact details so that any issues can be reported and he added that he would be willing to undertake a leaflet drop. Councillor Sennitt Clough made the point that she appreciates that the site will be secure and, therefore, will prove difficult to access, however, as the site has been unused for so long, she feels that the steps to notify the neighbours will be a worthwhile exercise.

·         Councillor Gerstner asked how he intends to dispose of all of the concrete from the site and for the detail concerning any surface water and drainage strategy as the report states that there is not one in place. He added that the area was well developed in the 1950s and whilst the area is not prone to flooding it does suffer in heavy rain episodes. Mr Parsons stated that the concrete will be disposed of via a licensed carrier and whilst some of it will be crushed and used on site due to the fact that there is likely to be too much then some will be removed from the site. He explained that with regards to a drainage strategy there was a drainage scheme supplied with the application, however, it may not have satisfied the Planning Officer, but there is surface and foul drainage within the site already which the proposal could possibly connect up to, however, this needs to be explored further to ascertain whether a soakaway would be possible or not.

·         Councillor Gerstner asked whether he has permission from Anglian Water for disposal of foul and surface water?. Mr Parsons explained that he did request the views from Anglian Water, however, they responded to say that they would not review the scheme until outline planning permission was given.

·         Councillor Mrs French asked what the site was used for previously? Mr Parsons stated that it is his understanding that it had been owned previously by the Council and had been used as a garage site and the garages have been demolished leaving a concrete area. Councillor Mrs French asked whether there is currently any mains sewerage on the site? Mr Parsons stated that there are two manholes, a foul and a storm drain.

·         Councillor Connor stated that he finds it very refreshing to learn that Mr Parsons has consulted with officers and taken on board their advice with regards to single storey dwellings and that should be applauded. He added that the site will obviously operate under health and safety guidelines and made the point that it would be helpful to add a contact number onto the site notice so that if there is a problem then contact can be made. Councillor Connor referred to the point made by Councillor Gerstner and stated that the waste concrete needs to be removed from the site by a licensed waste carrier and he is pleased to hear that Mr Parsons is aware of the steps to be taken. Mr Parsons explained that he has worked previously for much larger developers and at that time he sat on the original committee for the Considerate Constructors Construction Scheme which has now been rolled out across the whole of the UK and, therefore, working with neighbours and local businesses is something which he is very aware of and he will look to ensure that the development follows the same values even though it is a much smaller scheme. 

Members asked officers the following questions:

·         Councillor Mrs French stated that the application is only in outline form, and should the proposal be approved then local residents will be consulted at the reserved matters stage. Officers confirmed this. She made the point that with regards to the point made by Councillor Sennitt Clough, in her view, it is not down to the applicant to consult with the local residents when it is a function of the Council.

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

·         Councillor Imafidon expressed the view that he does not see any issue with the proposal, it is an outline application in a built-up area and at the current time the site is largely a concrete area and by the time it is developed there will be green areas for rainwater attenuation.

·         Councillor Connor stated that it a brownfield site and has had garages on it previously and as members of the committee are aware there is always a steer for brownfield sites to be used if at all possible and he will support the application.

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

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