Agenda Item 5(c)
DEVELOPMENT CONTROL COMMITTEE - 18 DECEMBER 2001
TCP/10505F/P01418/00 - OUTLINE FOR 71 HOUSES, SITE OF FORMER SCRAP YARD, HIGH STREET, OAKFIELD, RYDE
REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES
To reconsider the above mentioned application following a request from the applicant's agent and further information received from the Environment Agency.
BACKGROUND
This application was considered at the meeting held on the 16th November 2001. Members resolved:-
That conditional outline planning permission be granted subject to the developer entering into a legal agreement requiring them to make a negotiated financial contribution to the upgrading of the pumps at the seaward end of Monktonmead Brook to help alleviate any future threat of flooding within the floodplain area along the length of Monktonmead Brook.
Following this decision there has been an exchange of correspondence with both the applicant and, more significantly, the Environment Agency. Appended to this report is the letter from the Development Control Manager to the Environment Agency in which Members will note that the concerns of this Committee are carefully set out and specific questions are asked on matters relating to surface water drainage. Also appended to this report is the detailed response received from the Environment Agency.
The Environment Agency justifies their acceptance of the run-off rate of 12 litres per second per hectare for this site on grounds that circumstances have now changed with particular reference to the improvements to the pumping arrangements downstream on Ryde Esplanade. The new installation increases the flood protection standard from 1:2 to 1:100 years and includes a redesigned outfall which doubled the capacity to 3 cubic metres per second.
It is worth emphasising that the current proposal reduces the estimated greenfield site run-off rate of 20 litres per second per hectare to 12 litres per second per hectare; a reduction of 40%.
CONCLUSIONS
When giving due regard to detailed observations now submitted by the Environment Agency the Committee should conclude that there is no justification for the imposition of a legal agreement as per the aforementioned resolution, and to continue to pursue this course of action would leave the Council, as Local Planning Authority, in considerable difficulty.
To illustrate this particular point I would draw Members attention to Annex B (Planning Obligations) of Circular 1/97 (paragraph B2) where it says:-
Planning Obligations may relate to matters other than those covered by a planning permission provided that there is a direct relationship between the planning obligation and the planning permission. That they should not be sought where this connection does not exist or is considered too remote. Planning Obligations thus have a useful role to play in the planning system. The test to apply for their use are that they should be necessary, relevant to planning, directly related to the proposed development, fairly and reasonably related in scale and kind to the proposed development and reasonable in all other respects.
Given this latest information in combination with a request for reconsideration I have no option than to strongly recommend Members to not pursue the aforementioned resolution but instead accept the recommendation set out in my report submitted to the Committee at the meeting held on the 16th November 2001. The formal recommendation and suggested conditions are appended to this report.
Members should appreciate the urgency of determining this application as the applicants are dependent upon a favourable decision in order to benefit from various grants to assist in funding what is an important development for the town of Ryde and any further delays may jeopardise that situation.
RECOMMENDATION
That Members do not pursue the resolution as set out in the minutes of the meeting of the 16th November 2001 and grant conditional permission in accordance with the original recommendation which is appended to this report.
Contact Point: Chris Hougham, Development Control Manager 823565
M J A FISHER
Strategic Director of Corporate and Environment Services