Agenda item

Demolition of existing dwelling and the erection of 50 dwellings to include 35 private units and 15 affordable units, creation of proposed vehicular access, internal roads and footpaths, car parking, sustainable drainage system, open space with associated landscaping and amenity space (resubmission of planning application reference LX/19/01240/FUL) - Variation of Condition 6 of planning permission LX/20/01481/FUL - to amend the wording and change the trigger point for this condition.

Permit

Mr Bushell presented the report to the Committee. He drew their attention to the Agenda Update sheet which included a correction to paragraph 8.9.

Mr Bushell explained that the application was to vary the wording of Condition 6 of planning application LX/20/01481/FUL, the principle of development for 50 dwellings was already established. The variation related to the disposal of foul water from the development site.

Mr Bushell highlighted the site location and approved layout.

He explained that the reason for the variation request is in relation to the first part of Condition 6. The applicant considers that it is unreasonable for the Council to impose a condition that prevents any development commencing on site, when the foul drainage issue only becomes a material consideration upon occupation of the first dwelling, also the requirement for the off-site drainage improvements are dependent on the timetable of the statutory provider (Southern Water) over which the developer has no control.

Mr Bushell informed the Committee that officers had reviewed the Condition and were concerned that it may be unlawful or ‘ultra vires’, as it depends on a development being carried out to the satisfaction of a third party when the decision on this matter should be the Planning Authority’s. Officers had consulted with Southern Water and it was proposed that the condition be varied as set out in the report.

Mr Bushell explained that the proposed variation to the condition would allow for general construction work, unrelated to the drainage works, to commence on site and the trigger point for provision of the offsite foul drainage system to service the development would move from pre-commencement to pre-occupation. If the Statutory Provider has not completed the required off-site works by the time the first dwelling is ready for occupation detailed interim on-site foul drainage measures including temporary storage would need to be submitted to and approved by the Planning Authority and implemented on site. Mr Bushell confirmed that Southern Water had no objection to the variation of condition 6.

The Committee received representations from;

Cllr Tony Colling – Loxwood Parish Council

Mrs Katie Martin – Agent

Officers responded to Members comments and questions as follows;

With regards to how long interim measures might be in place; Mr Bushell explained the purpose of the condition is to ensure, that following first occupation, on-site interim measures were in place whilst Southern Water undertake completion of the necessary offsite works. In addition, Mrs Mayall informed the Committee that the interim measures were included within the condition as a backstop to enable development to go ahead. If housing is delivered and ready for occupation before the agreed 24-month period, the developer will take responsibility for managing the interim measures. Mrs Mayall informed the Committee of the Loxwood growth scheme, funding for the scheme has been secured to identify the preferred solution for growth within the catchment area and engineers were currently working up a design. Mrs Mayall was unable to provide a timetable for the works.

On the issue of a service layby for any on-site interim solution; Mr Bushell confirmed that a layby was already permitted on the approved plans as part of an electricity sub station, but this was no longer required. If the layby needed to be longer or wider than approved for it to accommodate a tanker, then officers would need to consider if this were a material matter or not.

On the issue of whether the current condition is illegal; Mr Whitty confirmed that the Condition was not illegal.

In a vote the Committee agreed the report recommendation to permit.

Recommendation; permit subject to the conditions and informatives set out in the report.