August 2015
15/02054/FUL
EXCEPTION TEST
LAND ADJOINING RADSTOCK BUILDING SUPPLIES,
MILL ROAD, RADSTOCK.
Exception test to accompany Flood Risk Assessment and Flood Risk Sequential Test for
planning application 15/02054/ful for Land adjoining Radstock Building supplies, Mill
Road, Radstock.
INTRODUCTION
Background:
Radstock Building Supplies have applied for planning permission to develop a vacant
parcel of land at Mill Road, Radstock with a residential scheme of seven 2 bedroom
dwellings.
Exception Test.
Paragraph 102 of the National Planning Policy Framework (NPPF) states:
“If following application Sequential Test, it is not possible, consistent with wider
sustainability objectives, for development to be located in zones with lower
probability of flooding; the Exception Test can be applied if appropriate. For the
Exception Test to be passed:
1. It must be demonstrated that the development provides wider sustainability
benefits to the community that outweigh flood risk, informed by a Strategic Flood
Risk Assessment where one has been prepared; and
2. A site-specific flood risk assessment must demonstrate that the development will
be safe for its lifetime taking account of the vulnerability of its users, without
increasing flood risk elsewhere, and, where possible, will reduce flood risk
overall”
Both elements of the test have to be passed for development to be allocated or
permitted.
Furthermore, Paragraph 103 of the NPPF states:
When determining planning applications, local planning authorities should ensure
flood risk is not increased elsewhere and only consider development appropriate
in areas at risk of flooding where, informed by a site-specific flood risk ssessment
following the Sequential Test, and if required the Exception Test, it can be
demonstrated that:
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Within the site, the most vulnerable development is located in areas of lowest
flood risk unless there are overriding reasons to prefer a different location;
and
Development is appropriately flood resilient and resistant, including safe
access and escape routes where required, and that any residual risk can be
safely managed, including by emergency planning; and it gives priority to the
use of sustainable drainage systems”.
Technical Guidance to the National Planning Policy Framework (published in
March 2012)
The above technical guidance provides additional information on the effective
implementation of the planning policy set out in the National Planning Policy
Framework on development in areas at risk of flooding.
The technical guidance includes a schedule of flood risk vulnerability of land uses
together with their flood zone ‘compatibility’
The sequential and exception tests are central to the guidance contained in the National
Planning Policy Framework with regards to determining the suitability for development of
land within flood risk areas. The aim is to justify the acceptability of developing a site
located within an area liable to flooding.
Residential developments in the form of buildings being used for dwelling houses are
classified as a ‘more vulnerable’ development and as such will be:
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1) Appropriate development within Flood Zone 2 subject to appropriate sequential
test;
2) Appropriate development within Flood Zone 3 provided the exception test is passed;
3) Most vulnerable development is located in areas of lowest flood risk; and
4) Development is appropriately flood resilient and resistant
The Exception Test
To pass the exception test the following three requirements need to be satisfied:
a) It must be demonstrated that development provides sustainability benefits to the
communities that outweigh flood risk e.g. a town centre site very well located for
public transport, services and facilities (lower emissions, high employment, etc).
b) Development should be on developable previously developed land (PDL) or, if it is
not there should be no reasonably available sites on developable land PDL (PPS3
para. 54 to 56 defines developable as: available (now), suitable (close to
facilities) and achievable (within 5 years).
c) A Flood Risk Assessment (FRA) is required to demonstrate that development will
be safe, without increasing flood risk elsewhere, and, where possible, will reduce
flood risk overall.
The following has been applied:
a) The site is located within relatively short walking distance of Radstock town
centre, which accommodates a wide range of facilities.
b) There are suitable footpaths with street lighting along the route into the town
centre and therefore this offers a safe environment for pedestrians that would
encourage walking.
c) The proposal also includes the provision of a new footpath on the frontage of the
development to link with the existing footpath.
d) The site also has good access on foot to public transport and employment
opportunities within Radstock.
e) The proposal will provide new family homes within walking distance of the
Radstock Town Centre.
f) Contributing to urban sustainability by occupying a vacant scrub land.
g) Demonstrating that the development is safe and does not increase flood risk
elsewhere through the FRA.
Conclusion:
1. The environment agency have accepted the FRA
2. The Planning Inspectorate have accepted the Sequential Test
(APP/F0114/A/14/2219205)
3. The development provides wider sustainability benefits in several ways
4. The proposed development would encourage the use of sustainable modes of
transport, a requirement of the Framework.
We therefore conclude the wider sustainability benefits out way any flood risk concerns.
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Attachments:
1. Sequential Test.
2. Flood Risk Assessment.
3. The Planning Inspectorate Appeal decision: APP/F0114/A/14/2219205
Alan Barnes
Architectural Consultant
August 2015
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