Agenda item

The Director of Neighbourhood Services submitted a report updating Members in relation to the current circumstances regarding this application and to enable the position of the Council to be considered in the light of further relevant information.  Members were reminded that the application had been refused by the Committee at its meeting in December 2014 .

The applicant had appealed this decision and the Authority had been asked to review its position in light of the appeal and this was now good practice in such situations.  Members were reminded of the matters on which they had refused the application when faced with a recommendation for approval in light of the need to demonstrate a 10 year housing land supply.

The Director stated that Members had resisted the application partly on the basis that they were concerned that the Environment Agency (EA) was undertaking assessment work that included this site in respect of flood mitigation measures.  The EA had stated that the development proposals would not add to the flood risk in that the application catered for itself due to the Sustainable Urban Drainage Systems (SUDS) features included as part of the application.

The Director stressed that Officers were advising that the third reason for refusal regarding flood mitigation should not be pursued at the forthcoming appeal whilst the other two issues of the refusal reasons would still be considered during the appeal process.

Councillor D Andrews sought clarification as to why the EA had given two adjacent sites different flood risk designations when they were separated by the very watercourse responsible for recent flooding.  He stressed that it would occasionally be hugely helpful to have the EA and Hertfordshire Highways Officers present on occasion to explain their position to Officers and Members and the public.

The Director stated that many of the flood modelling schemes had become significantly more sophisticated over the last 10 years and mitigation measures such as SUDS solutions, swales and balancing ponds were now in common usage.  Members were reminded that it was not an uncommon situation for a site on one side of a watercourse to be predicted to flood when an adjacent site would not.

The Director stated that the EA and Hertfordshire Highways did not necessarily have the resources to talk to Officers and Members regarding specific applications although both Authorities might be willing to do so on occasion in future.

Councillor D Andrews proposed and G Williamson seconded, a motion that recommendation (C) be amended to read that the Head of Planning and Building Control, in consultation with the Chairman of the Committee and one other Member of the Committee, be authorised to engage with the appellants in relation to all matters relevant to the appeal and to formulate, alter, amend and update the Council’s statement and evidence to be submitted in relation to any forthcoming appeal.

After being put to the meeting and a vote taken, this amendment was declared CARRIED.  The Committee accepted the recommendations of the Director of Neighbourhood Services as now amended.

RESOLVED – that (A) in relation to reasons for refusal 1 and 2, the Council prepares its case in relation to any forthcoming appeal with authority delegated to Officers to deal with matters arising as detailed in recommendation (C);

(B)   in relation to reason for refusal 3, the Council does not pursue a case on this matter in relation to any forthcoming appeal, withdraws this reason, and informs the appellant of its position; and

(C)   the Head of Planning and Building Control, in consultation with the Chairman of the Committee and one other Member of the Committee, be authorised to engage with the appellants in relation to all matters relevant to the appeal and to formulate, alter, amend and update the Council’s statement and evidence to be submitted in relation to any forthcoming appeal.