Agenda item

N/2019/1277 - Variation of Condition 2 of Planning Permission N/2012/0909 (Proposed residential development of 139 residential dwellings, garages and associated works including new access roundabout) to alter the layout of the development, alter house types, and remove and alter garages, and variation of conditions 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. Removal of conditions 10 and 16. Development Land, Lancaster Way


Councillor King joined the meeting at this juncture.


The Principal Planning Officer presented the report for the development land at Lancaster Way and explained the application was for an amendment to approved scheme N/2012/0909 to slightly alter the layout of the development, amend house types, reduce the number of garages, and to alter the wording of conditions to be in accordance with details now submitted.  It was advised that the levels of the site had been closely looked at on an individual plot basis to ensure that there was not an unacceptable impact upon neighbouring amenity. Plots 112 and 122 were highlighted as improvements to neighbouring amenity through the use of hipped roofs. It was advised that EV charging had been added to the development. An explanation of the development in connection with ecology and flooding was provided. A private right of way across the site was also explained alongside changes to the open space on site.


At the Chair’s invitation, Ward Councillor for Far Cotton and Delapre, Councillor Walker addressed the Planning Committee and addressed his concerns regarding flooding and the drainage of the site.


The Chair then invited Councillor Davenport to address the Planning Committee. Councillor Davenport expressed her concerns with the development and urged Committee Members to reconsider the development. Concerns regarding flooding and foul water were reiterated.


Councillor Roberts, Ward Councillor for Delapre and Briar Hill, was then invited to address Planning Committee. Councillor Roberts highlighted concerns with the development not being built in accordance with the approved plans, the private right of way, a substation not being in the plans, that no occupation should occur until all conditions are completed, contamination issues, drainage issues, and biodiversity concerns. In response to a question from Committee it was advised that concerns with the development had been raised to the Planning Department, but it was not considered that the responses had been realistically considered.


At the Chair’s invitation, local resident Pete Stanton addressed the Planning Committee. He queried the foot connection that was in a previous application between Leah Bank and the new estate and questioned as to why the police had deemed as dangerous. He hoped the footway would be instated as it would benefit many residents.


Then the Chair invited Sally Jones to address the Planning Committee as a representative for the Northamptonshire Badger Group. Concern was raised with the layout and the impact upon badgers, that work should stop until the badgers are given all they need, and that the development may result in the loss of badgers on the site. Ms Jones urged for further conditions to be included for the protection of badgers currently on the site. In response to a question from Committee it was advised that the proposed conditions for the badgers were welcomed but despite these the badgers would need more space and a reduction in the number of plots was needed.


At the Chair’s invitation, Peter Frampton, the agent for the site, addressed the Committee. It was outlined that the road layout resulted in the need to amend the scheme, that conditions were in place to control flooding and foul water, that there are conditions for the protection of badgers, and that there was a vitally important need for housing. In response to questions from Committee is was advised that the application was supported by specialist assessments and consultees responses do not raise concerns, and that the protection of badgers after construction is covered by Natural England and the requirement for licences.


Then the Chair invited, Anna Swift, Consultant Ecologist on behalf of the developer to address the Planning Committee. Ms Swift highlighted that the artificial badger set had been deemed appropriate by Natural England in July and having been monitored she confirmed that they found badgers were in use of this. Ongoing monitoring and badger surveys were in place and badger proof fencing could be installed to prevent digging in residents’ gardens and movement corridors could be provided. In response to questions from Committee it was advised that fruiting trees and shrubs could be provided in the open space and corridors on the northern and eastern boundaries.

Councillor King left the meeting at this juncture.


The Principal Planning Officer provided clarification on points raised with regards to there being no objection to the scheme from the LLFA, that there was not a link to Leah Bank, that the substation was not in the plans as it was not part of the application, that there are conditions on contamination, that there are conditions on badgers in line with NCC Ecology requests, and that the badger corridors and planting referred to by Ms Swift are not within the application boundary.


The Committee Members then questioned the Principal Planning Officer and it was advised that with regards to badgers, licences had been obtained from Natural England for previous closures and they would need further licences for any further closures, that the development is not CIL liable, that the link to Leah Bank was not within N/2012/0909 and the Police do not want this link due to crime issues, that open space has altered from the previous approval and that enforcement issues were not a consideration for this application. It was further advised that conditions had been reworded to ensure that they complied with the reasonability tests for conditions.


Members discussed the report.




That the application be APPROVED IN PRINCILE subject to the finalisation of a S106 agreement and to the conditions and reasons as set out in the report and addendum.

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