Application Type: Outline
Application Received: 18 June 2014
Statutory Start Date: 26 June 2014
Consultation Period From: 2 July 2014
Consultation Period End: 9 August 2014
Decision Date: 21 August 2014
Case Officer: Gavin Greenhow
Decision: Refused - Outline
This decision is subject to the following conditions:
Part of the site lies in an area identified as being as high risk of flood. The Framework (paras. 100 and 101) states that the aim of the Sequential Test is to steer new development to areas at the lowest probability of flooding (Zone 1). Only where there are no reasonably available sites in Flood Zones 1 or 2 should sites in Flood Zone 3 be considered. The Council considers that there are alternative sites where residential development can be carried out that lie outside high flood risk areas. Consequently, the proposal fails the Sequential Test.
In addition, the proposal fails the Exception Test because it does not provide any wider sustainability benefits to the community that outweigh flood risk and does not reduce flood risk overall.
As such, the proposal is contrary to guidance in the Framework (paragraphs 101 and 102) and policy ENV17 of the adopted Wychavon District Local Plan.
The proposed dwellings will be located within the confines of the existing unclassified road/bridle road and would therefore form an unlawful obstruction of the public highway. As such, the proposed development would have an adverse impact on the efficient operation of the transport network, prejudice highway safety and reduce the attractiveness and recreational value of a public right of way, contrary to policy GD2 of the Wychavon District Local Plan and guidance contained in the Framework (paragraph 75).
The application site lies within an area designated as protected open space by Policy COM13 of the adopted Wychavon District Local Plan and as part of the Local Green Network under policy SWDP38 of the South Worcestershire Development Plan. No evidence is provided to show that the site is surplus to requirements and therefore conflicts with the requirements of COM13 and SWDP38.
The proposed layout is considered to offer inadequate levels of amenity for occupiers of the development for the following reasons:
- location of the rear gardens of all plots in an area of high flood risk; - overlooking of the rear gardens of plots 1-3 by neighbouring properties in the Robins Corner development to the east caused by the site's topography; - insufficient car parking to all plots because of the reliance on the use of garages for parking which do not count as spaces against relevant Highway Authority parking standards.
In this way the proposal is contrary to Policy GD2 of the adopted Wychavon District Local Plan and advice contained in the Council's Residential Design Guide.
Whilst noting the applicant's willingness to enter into a legal agreement securing the following:
- financial contribution towards the delivery of the Worcestershire Transport Strategy; - financial contribution towards the provision of education facilities; - 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 public 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, as well as the Supplementary Planning Document on Developer Contributions towards Education.
The following plans are relevant to this decision:
1:1250 scale Application Site Plan; parc 012/026/001 Rev C
Amberville Properties Ltd
Mr L Wilbraham
Wilbraham Associates Ltd
18a Regent Place
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.