OFFICERS REPORT - DELEGATED
Ref No:
050415
Proposal:
Outline - Erection of two semi detached dwellings
Location:
Land adj 28 Mechanics Lane, Pentre, Deeside, CH5 2AB
Applicant:
Mr D Righton
Date Valid: 18 December 2012
Case Officer:
Mr M Harris
Expiry Date: 12 February 2013
Consultation & Responses
Local Members: Councillors:
Mrs G D Diskin: No response received at time of preparing report
Mr A G Diskin : No response received at time of preparing report
Hawarden Community Council: No objection
Head of Public Protection: No adverse comments
Head of Assets and Transportation: No objection and do not intend to make a
recommendation on highway grounds.
Natural Resources Wales: Following receipt of an updated Flood Consequences
Assessment recommend that any permission be subject to conditions.
Public Open Spaces Manager: Request the payment of a commuted sum of £1100
per dwelling in lieu of on site Public Open Space.
Dwr Cymru/Welsh Water: Request that any permission includes a Grampian
condition to prevent occupation of the dwellings until after 1st April 2015 given
planned improvements to the capacity of the existing public sewerage system.
Environment Directorate ( Rights of Way ): Public footpath 32 abuts the site but is
unaffected by the development. The path must be kept free from interference from
the construction.
Neighbours: 8 letters of objection received the main points of which can be
summarised as follows:
- proposal would represent overdevelopment
- detrimental impact on character of site/surroundings
- inadequacy of access from Willow Lane and potential conflict with existing
traffic movements
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acceses to the site should be obtained from Mechanics Lane and not Willow
Lane.
potential flooding of site
inadequacy of drainage system
Relevant History & Policies:
History
049809 – Outline application for the erection of 3 No dwellings.Withdrawn 1 ST
October 2012
Policies
Flintshire Unitary Development Plan
Policy STR1 – New Development
Policy STR4 – Housing
Policy GEN1 – General Requirements for Development
Policy GEN2 – Development Inside Settlement Boundaries
Policy D1 – Design Quality, Location and Layout
Policy D2 – Design
Policy AC13 – Access and Traffic Impact
Policy AC18 – Parking Provision and New Development
Policy HSG3 – Housing on Unallocated Sites Within Settlement Boundaries
Policy HSG8 – Density of Development
Policy EWP17 – Flood Risk
The proposal would comply with the above policies.
Planning Appraisal:
1 Application has been submitted in outline for the erection of 2 semi – detached
dwellings. All matters are reserved for subsequent approval. Application has been
re-submitted following the withdrawal of a previous outline application under 049809
for 3 No dwellings– given officer recommendation to Planning and Development
Control Committee on 10th October 2012 for permission to be refused on following
grounds:i) - overdevelopment
ii) - detrimental impact on amenity of occupiers of adjoining property ( 34 Willow
Lane )
iii) - scale of development would not allow an adequate and functional parking
arrangement to be provided.
iv) - in absence of a Flood Consequences Assessment ( FCA ) it was not possible to
assess whether risks and consequences of flooding on the site could be acceptably
managed.
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2 Application has been re-submitted to seek to address previous officer concerns.
Reduction in density to 2 dwellings allows recommended reasons for refusal i –iii on
49809 to be overcome and although an indicative layout only has been provided this
is considered satisfactory
3 In respect of flooding concerns, an updated Flood Consequences Assessment
(FCA ) has been submitted. Natural Resources Wales have confirmed that this is
acceptable subject to the imposition of conditions on any permission.
4 Consultation on application has been undertaken with Head of Assets and
Transportation who have raised no objection to the application – proposed access
can be considered at Reserved Matters Stage.
Recommendation
Conditions
1 001 ( Outline – Timescale )
2 002 ( Outline – Reserved Matters )
3 No development shall commence until details of the materials to be used in the
construction of the external walls and roofs of the buildings hereby permitted have
been submitted to and approved in writing by the Local Planning Authority.
Development shall be carried out in accordance with the approved details unless
further agreed in writing by the Local Planning Authority.
REASON: In the interests of visual amenity and in compliance with Policy GEN1 of
the adopted Flintshire Unitary Development Plan.
4 No dwelling on the site shall be brought into beneficial use earlier than 1 st April
2015, unless the upgrading of the public sewerage system, into which the
development shall drain has been completed to the written satisfaction of the Local
Planning Authority.
REASON: To mitigate the existing hydraulic overloading of the public sewerage
system, ensure the local community and environment are not duly compromised and
in compliance with Policy GEN1 of the adopted Flintshire Unitary Development Plan.
5 Land drainage run- off shall not be permitted to discharge either directly or
indirectly into the public sewerage system
REASON: To prevent hydraulic overload of the public sewerage system, pollution of
the environment and in compliance with Policy GEN1 of the adopted Flintshire
Unitary Development Plan.
6 No surface water shall be allowed to connect, either directly or indirectly, to the
public sewerage system unless otherwise approved in writing by the LOCAL
Planning Authority.
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REASON: To prevent hydraulic overloading of the public sewerage system, to
protect the health and safety of existing residents, ensure no detriment to the
environment and in compliance with Policy GEN1 of the adopted Flintshire Unitary
Development Plan.
7 Foul water and surface water discharges shall be drained separately from the site.
REASON: To protect the integrity of the public sewerage system and in compliance
with Policy GEN1 of the adopted Flintshire Unitary Development Plan.
8 Notwithstanding the requirements of condition 2 of this permission the reserved
matters application shall include details of the existing and proposed ground and
finished floor levels of the buildings hereby permitted.
REASON: To prevent increased flood risk ,in order to demonstrate that the likely
fluvial flood exceedence / culvert blockage routes through the site are maintained
and in compliance with Policy GEN1 of the adopted Flintshire Unitary Development
Plan
9 Notwithstanding the requirements of condition 2 of this permission the reserved
matters shall include details of a CCTV survey to establish the route,depth and
condition of the culvert running through the site. The site layout shall be designed to
ensure no permanent structures are built over the line of the culvert with sufficient
width either side to facilitate future maintenance / replacement of the culvert.
REASON: To reduce flood risk, allow maintenance / replacement of the culvert and
in compliance with Policy GEN1 of the adopted Flintshire Unitary Development Plan.
10 No development shall commence until a scheme for the provision and
implementation of a surface water regulation system has been submitted to, and
approved in writing by the Local Planning Authority. Prior to the submission of the
scheme an assessment of the suitability of the disposal of surface water by means
of Sustainable Drainage Systems ( SUDS ) shall be undertaken and the results
submitted for the consideration of the Local Planning Authority.
REASON: To prevent flooding by ensuring the satisfactory storage of and disposal
of surface water from the site and in compliance with Policy GEN1 of the adopted
Flintshire Unitary Development Plan.
In considering this planning application the Council has acted in accordance with the Human Rights
Act 1998 including Article 8 of the Convention and in a manner which is necessary in a democratic
society in furtherance of the legitimate aims of the Act and the convention.
Notes to Applicants
Informatives
Application form and particulars date received 18th December 2012
Flood Consequences Assessment Final Report v1.2 date received 6 th February
2014.
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Date of Recommendation: 23rd July 2014
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