Agenda item

WND/2022/0234 - Overstone Leys, Overstone Lane, Overstone

Decision:

Approved subject to conditions.

Minutes:

The Senior Manager, Development Management outlined the application for the reserved matters application, presenting the design code for 69 houses and confirmed the layout was in accordance with the outline planning consent approved in 2015 for 2000 houses. 

 

In response to Members’ enquiries, the Senior Manager, Development Managementadvised that an earlier application for a larger area and provision of 350 houses, which included the land of this site had been refused.  The mitigation of noise impact from a neighbouring industrial area had not been met to the satisfaction of West Northamptonshire Council’s Environmental Health Officer (WNC EHO).  For the application site, Zone 10, the EHO had suggested advice be sought from an independent noise consultant.  The advice received indicated that the impact of the industrial estate, and the mitigation measures that had been put in place now satisfied Condition 26.

 

The independent noise consultant’s advice received had been considered by the legal team and the advice deemed sound.  It was noted that WNC EHO had not confirmed that they concurred with the advice from the independent noise consultant or indicated they would discharge Condition 26.

 

Acoustic fencing would mitigate traffic noise from the A43. 

 

Should the application be approved the Committee could expect a further application for development of the rest of the site.

 

The affordable housing provision on the site had been considered by the West Northamptonshire Council’s Housing team and, where possible, be dispersed across the site. 

 

Members debated the question of the lack of assurance from the WNC EHO with regard to the noise impact from the site.  In response the Planning Solicitor suggested that the committee had several options in the absence of the WNC EHO’s comments:

 

1.     Defer the application to allow for a report and advice to be sought from WNC EHO.

2.     Make a recommendation to approve the application subject to the WNC EHO consent to proceed with the application.

3.     Refuse – a decision to refuse which the applicants could appeal

 

The Planning Solicitor recommended to approve the application subject to WNC EHO’s withdrawing their objection.

 

The Senior Manager, Development Management advised that the application complied with the condition set out in the outline consent. No complaints had been received from the east of the application site - housing was located much closer to the industrial site, than the properties in this application.

 

The Senior Manager, Development Management confirmed that the windows of the houses would on occasion have to be closed to prevent noise nuisance, and an alternative means of ventilation would be provided, in rooms susceptible to noise, by way of trickle vents. 

 

Councillor Stephen Hibbert proposed the application be deferred, and this was seconded by Councillor Rosie Herring.

 

In response to a Members query the Planning Solicitor advised that deferring an application and approving subject to an addition condition would achieve the same aim.  A deferral could have implications, depending on time scales, it could bring a risk of an appeal for non-determination of the application.

 

The original proposition from Councillor Stephen Hibbert for deferral of the application was put to the meeting vote with 4 voting in favour and 6 against declared lost.

 

Councillor David James proposed the application be approved, subject to a condition of WNC EHO withdrawing their objection, the proposition was seconded by Councillor Addison and on being put to the meeting was declared carried with 7 voting in favour and 4 against.

 

RESOLVED:

 

That the Assistant Director for Planning be given delegated powers to grant permission, subject to:

 

1.     Conditions set out in the report (and any amendments to those conditions as deemed necessary); and

2.     Subject to the Council’s Environmental Health Officer withdrawing their objection regarding the mitigation of noise measures.

 

Supporting documents: