Application Type: Outline
Ward: Droitwich West
Application Received: 26 September 2013
Statutory Start Date: 11 November 2013
Consultation Period From: 18 November 2013
Consultation Period End: 30 May 2014
Decision Date: 1 December 2015
Case Officer: David Addison
Status: Appeal Received
Decision: Refused - Outline
This decision is subject to the following conditions:
The site, being adjacent to the Droitwich Canal and the River Salwarpe, is within flood zone 2 and, in part, zone 3, and is known to have flooded in July 2007. Paragraph 100 of the Framework indicates that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, but where development is necessary, making it safe without increasing flood risk elsewhere. The proposed residential development would represent a 'more vulnerable' use, which would require the application of the Sequential Test, and if required the Exception Test. As set out in the Framework, the aim of the Sequential Test is to steer new development to areas with the lowest probability of flooding. Development should not be permitted if there are reasonably available sites appropriate for the proposed development in areas with a lower probability of flooding. The Strategic Flood Risk Assessment will provide the basis for applying this test. A sequential approach should be used in areas known to be at risk from any form of flooding.
The Strategic Flood Risk Assessment for the South Worcestershire Development Plan has identified that the site would not be suitable for residential uses. It is not considered that the planning application has satisfactorily demonstrated that the proposals would comply with the Sequential Test. Furthermore, it has not been demonstrated that there are no other reasonably available sites appropriate for the proposed development in areas with a lower probability of flooding.
Therefore, the proposals are considered to be contrary to national planning guidance which seeks to avoid inappropriate development in areas at risk of flooding. Furthermore, it is not considered that the proposals would positively contribute to the social and environmental roles of sustainable development by virtue of siting residential development in a high flood risk zone. As such, it is considered that the proposals are contrary to paragraphs 100 and 101 of the National Planning Policy Framework and saved Policy ENV17 of the Wychavon District Local Plan (June 2006).
Whilst the applicant has indicated a willingness to provide affordable housing as part of the proposed development, no legal agreement is in place to secure the provision of any affordable units. For this reason the proposed development and application is contrary to saved Policies GD3 and COM2 of the Wychavon District Local Plan 2006, the provisions of the Council's Affordable Housing SPG as well as the provisions of the National Planning Policy Framework on delivering a wide choice of high quality homes (in particular paragraph 50).
Whilst noting the applicant's willingness to enter into a legal agreement securing the following:
- financial contribution towards the delivery of transport infrastructure; - financial contribution towards the provision of off-site built sports provision; - financial contribution towards the provision of off-site formal sports provision and off-site open space provision; - financial contribution towards the provision of cycling infrastructure; and - financial contribution towards the provision of recycling facilities.
No firm arrangements have been entered into to secure such an agreement. As such, the application is contrary to saved policies GD2, GD3, SR5 and COM12 of the Wychavon District Local Plan 2006 and the provisions of the Council's Supplementary Planning Guidance on Developer's Contributions.
Hill and Smith Holdings Plc
Mr S Hawley
Harris Lamb & Co
75-76 Francis Road
Note: The map marker shows the approximate centre of the application postcode, if available, or the nearest geocoded location from the address. The actual location may be slightly different.