Agenda item

The Committee gave consideration to application number 141447, outline planning application for 1no. single storey dwelling with access to be determined and all other matters reserved on land to the rear of 56 Saxilby Road Sturton-by-Stow Lincoln. The Planning Officer updated the Committee that since the report was drafted, the Neighbourhood Plan application had been received and was in the early stage of preparation. Its consistency with the NPPF was yet to be tested and it was to be afforded little weight in decision making. He added there appeared to be conflict within the policies and, in relation to the application, there was little to no community support and focus was on the concerns regarding flooding. Having given his presentation on the application, the Chairman invited the first speaker to address the Committee.

The first speaker introduced herself as Councillor Carol Gilbert of the Parish Council. She stated that the main concerns were regarding the risk of flooding and access to the site. She stated that in 2019 the site, and neighbouring properties, suffered significant flooding and the only reason the flood water did not breach into houses was because of the efforts of the fire service in pumping water away and residents digging their own defensive trenches. She felt the applicant had accepted there were potential issues but had not proposed any kind of solution. She explained that the site was much lower than surrounding land and formed a catchment pond at times of heavy rain. She stated that the soil was of a heavy clay consistency and so excess water did not simply drain away. She felt the existing drainage did not work and to build on the site would only worsen the existing problems. With regard to access, Councillor Gilbert highlighted that the track was narrow and this had been the reason for previous refusal to build on the site. She noted there was not capacity for additional vehicular usage and the access was not sufficient for two way traffic or to enable passing places. In addition to these concerns, she stated that there would be little garden or amenity space for the proposed dwelling and what was there would be in the shade. She summarised her concerns to focus on the flooding concerns and access to the site and thanked the Committee for their time and consideration.

The second speaker, Mr Jon Cook, Agent for the Applicant, thanked the Committee for the opportunity to speak. He stated they were disappointed that the Officer recommendation was to refuse permission and also felt it should have been a decision made under delegated powers. He highlighted that Lincolnshire County Council, as Lead Flood Authority had not raised any issues, neither had the Environment Agency nor the Flood Specialist. He stated that other, similar, applications had been approved in the same area and decision making should be consistent. He explained that nothing was unsurmountable and there was the opportunity for a positive impact on the drainage of the area should the application be allowed. He felt the positive attributes were being overlooked and requested the Committee to consider granting permission. Mr Cook then handed to Mr Ron Lobley, Independent Flood Management Specialist.

Mr Lobley disputed the Officer suggestion that surface water flooding maps should be used to assess the site suitability. He quoted a similar application in North Kesteven District and explained that discussions in relation to that application specified that mapping was only suitable for nationwide or county wide development. He stated that, with this in mind, the use of such mapping by the Officer was not suitable for a single dwelling application and that the surface water flood map should not be used to ascertain suitability for this application. Mr Lobley acknowledged the concerns regarding surface water pooling in the lower level land however stated that mitigation measures such as raising the floor level would be included in the development.

The Chairman invited further comment from the Planning Officer who highlighted that, contrary to the NPPF, LP and the emerging NP, reports stated the indicative footprint would increase flood depths by 2cm. He also clarified that the Environment Agency only provided comments on river or sea flooding, Lincolnshire County Council were required by law to respond to major applications, which this was not, and it was therefore the responsibility of the District Council to consider the risks and likelihood of the impact of such flooding.

The Chairman invited comments from Members of the Committee and there was significant discussion regarding the recent flood problems in the village as well as whether the proposed development would offer any amelioration of drainage in that specific area. It was generally accepted that any increased risk of flooding was not acceptable.

Having been moved, seconded and put to the vote, it was agreed that permission be REFUSED.