Agenda item

The Principal Planning Officer presented the report to the Committee which sought approval to vary Condition 2 of Planning Permission N/2012/0909 to alter the layout of the development, alter house types, remove and alter garages, and vary conditions 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 15, 18, 19, 21, 22, 23, 24, 25, and 26 to be in accordance with details submitted. Members attention was drawn to the Addendum and amendments therein. It was noted that the application had been approved in 2016 and a Section 106 Legal Agreement signed in 2017.  It was noted that development has commenced on site but a subsequent application to vary a number of conditions to address layout alterations on site was submitted and approved in principle by Committee in 2020 with a subsequent approval in principle by Committee in 2021 due to further required amendments to conditions including ecology.  The S106 was not completed and further amendments to conditions due to ongoing works on site including issues regarding drainage and ecology were required to be addressed, hence the application returning to Committee for considerationThere were currently drainage issues relating to the playground which remained closed, however most of the dwellings had been constructed. Members’ attention was drawn to the addendum which contained an amended recommendation, updates to conditions, changes to the main report, and further responses from consultees.

Councillor Davenport addressed the Committee in her capacity as a Ward Member and spoke against the application, stating that there was insufficient affordable housing provided and advised that residents were initially told that they could rent properties on long lease tenancies but had since been informed that these would be moved to monthly leases. She expressed concern around the soakaway that had not been built and was not connected to Lancaster Way

Antonella Mitchell, of Northampton Badger Group, spoke against the application and stated that the previously proposed wildlife corridor must remain on the development. She advised that new setts had appeared onsite and that without the wildlife corridor, there was a risk of damage by the badgers to properties.

Councillor E Roberts addressed the Committee and spoke against the application. She stated that the drainage plans on the planning portal were not the same plans that Anglian Water had commented on and asked the Committee to defer the application until Anglian Water had commented on the most up-to-date plans. She further advised that the drainage line went under the affordable housing so it could not be built, and the S106 Agreement could not be signed. She asked that the Committee defer the application.

Andy Chapman, the director of Frampton Town Planning Ltd, addressed the Committee and spoke in favour of the application. He noted that Anglian Water had seen the most up-to-date drainage plans and had agreed a strategy in principle, following the implementation of CCTV surveys to further ascertain the extent of the drainage issues. The applicant had been given a 3-month grace period to get the order in place, gain planning permission and carry out the necessary drainage works.

In response to questions, the Committee heard that the most up-to-date drainage plan ,P27, had been submitted to Anglian Water in August and there had been no objections to the strategy in principle. In regards to the wildlife corridor no longer being part of the application, the applicant had followed the advice of the Council’s Ecological and Planning officers. There was a condition included to monitor the success of the badgers’ relocation towards the railway and the artificial setts. 135 soil samples had been taken onsite and most levels of contamination were below levels of concern. The site was previously used as an allotment and the contaminant found was lead, which was not uncommon for Northampton.

Members discussed the report and raised concern around the potential damage that the badgers may cause in the future.

Councillor Lane proposed and Councillor Connolly seconded that the officer recommendation be approved. The recommendation contained within the report was put to a vote and was declared carried with 4 votes for and 2 abstentions.

RESOLVED:

That the application be APPROVED IN PRINCIPLE as per the officer recommendation and subject to the completion of S106 Agreement, with delegated authority to the Assistant Director of Place and Economy to resolve in consultation with the Lead Local Flood Authority any outstanding matters in respect of surface water drainage and condition as appropriate and necessary, and with updates to conditions as set out in the Addendum.

Updates to Conditions

- Condition 2 should state drawing reference 352A08-120-M.

- Condition 3 should state drawing reference 352A08-4006-B.

- Condition 7 should refer to plan reference 31006/300P27 rather than 31006/300P24.

- Condition 9 – The reference to site plan layout 201 Rev G should be 201 Rev M.

- Condition 15 – Plan 18/31006/SK50 reference should be removed.

Now Condition 19

19. Within three months of the date of this decision notice a desk top study in respect of possible contaminants within the site shall be completed and a site investigation designed. The scope and methodology of the desk top study and the site investigation report shall be submitted to and approved in writing by the Local Planning Authority. The site investigation and appropriate risk assessments shall be carried out and the results shall be used to produce a method statement for the necessary remedial works (and a phasing programme), which shall be submitted to and approved in writing by the Local Planning Authority. All remedial works shall be fully implemented in accordance with the approved method statement and phasing programme. Confirmation of the full implementation of the scheme and validation report(s) shall be submitted to the Local Planning Authority within 1 month of completion (or within 1 month of completion of each respective phase).

Additional Condition.

Condition 20:

20. Within 3 months of planning approval, a biodiversity monitoring strategy shall be submitted to, and approved in writing by, the Local Planning Authority. The purpose of the strategy shall be to monitor post construction/implementation success and aftercare of protected species mitigation methods, and ongoing success of the resident badger clan for three years after the occupation of the last dwelling on site. The content of the Strategy shall include the following.

a)    Aims and objectives of monitoring to match the stated purpose.

b)    Identification of adequate baseline conditions prior to the start of development.

c)     Appropriate success criteria, thresholds, triggers and targets against which the effectiveness of the various conservation measures being monitored can be judged.

d)    Methods for data gathering and analysis.

e)    Location of monitoring.

f)      Timing and duration of monitoring.

g)    Responsible persons and lines of communication.

h)    Review, and where appropriate, publication of results and outcomes.

A report describing the results of monitoring shall be submitted to the Local Planning Authority at intervals identified in the strategy. The report shall also set out (where the results from monitoring show that conservation aims and objectives are not being met) how contingencies and/or remedial action will be identified, agreed with the Local Planning Authority, and then implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The monitoring strategy will be implemented in accordance with the approved details.’

Councillor King joined the meeting at this juncture.