Two self-build dwellings at 12 And 25 Orchard Gardens, Upwell

What was proposed

Outline permission was sought for two self-build and custom homes, with access, scale, landscaping, layout and appearance reserved for later approval.

“The application seeks outline planning permission with all matters reserved, for the construction of two self-build and custom dwellinghouses at land to the south of Orchard Gardens in Upwell. Matters which are reserved for consideration during a 'Reserved Matters' application are: access, scale, landscaping, layout and appearance.”

Officer report

The site and surroundings

The site is about 0.15 hectares of grade 1 agricultural land south of Orchard Gardens, near woodland and the conservation area.

“The application site comprises approximately 0.15ha of grade 1 agricultural land to the south of Orchard Gardens in Upwell.”

“The application site comprises approximately 0.15ha of grade 1 agricultural land to the south of Orchard Gardens in Upwell.”

Officer report

Earlier development nearby

Orchard Gardens was previously approved for up to 25 homes, followed by several reserved matters and other dwelling applications.

“17/00811/RM: Application Permitted: 19/06/17 - Reserved Matters Application for plot 9 (15/01496/OM: Outline application with some matters reserved for 25 dwellings consisting of 18 houses and 7 bungalows. Access, road and plot layout committed)”

“17/01328/RM: Application Permitted: 11/08/17 - Reserved Matters Application: Proposed dwelling…”

Officer report

What officers recommended

Officers recommended approval because the site adjoins Upwell’s boundary, the self-build homes provide community benefit, and detailed impacts could be controlled later.

“The units proposed are identified as 'self-build' dwellings and paragraph 73(b) of the NPPF 2024 seeks opportunities to support small sites to come forward for self-build and custom build housing. Policy LP31 of the Local Plan 2021-2040 supports self-build housebuilding where they would respect the local character and comply with other relevant policies in the plan; and can be controlled by a S106 agreement.”

“The CSB nature of the proposal would therefore provide a moderate contribution to the supply of these types of housing and would provide community benefit, in accordance with policy EN2. Furthermore, the size of the site is a relatively small when considering the plentiful amount of grade 1 quality land in the Parish of Upwell and the Council's administrative boundary.”

Officer report

What consultees said

The parish council objected, while highways and drainage consultees raised no principle objection; Anglian Water requested drainage conditions and environmental officers had no objection.

“Anglia Water: PRE-COMMENCEMENT CONDITION REQUESTED FOR USED WATER (FOUL DRAINAGE) NETWORK AND SURFACE WATER DISPOSAL”

“However, Anglian Water objects to a connection to the vacuum sewerage system due to the risk of flooding and pollution, but suggest a pre-commencement condition to overcome this. Furthermore, it is unclear to Anglian Water how the applicant proposes to manage surface water runoff from the development and requests a condition for this too.”

Officer report

What residents said

Twenty-two objections and two supporting comments covered agricultural land, infrastructure, traffic, character, privacy, wildlife, services and the benefits of self-build homes.

“Existing infrastructure and services in Upwell are current struggling. Electric supply, road network, healthcare provision, water and drainage. Relevant consultees for these services should be consulted on the application. • Additional traffic on the roads. Existing roads of Orchard Gardens are not designed for extra traffic, construction traffic, emergency vehicles, refuse lorries and delivery vans. • Change to rural character if development is allowed.”

“SUPPORT comments summarised - • Development would meet the national objective for house building. • Two additional dwellings would have little harm or impact to wildlife. • Self-build is an advantage of the proposal. • Traffic movements would be insignificant. • Upwell is a key rural location and the plots are in a sustainable location with links to March, Wisbech and surrounding areas. The site is close to local amenities and a school.”

Officer report

Who spoke

An objector addressed the committee under the public speaking protocol.

What members discussed

Members discussed plan conflicts, sewage and surface water, windfall policy, development boundaries, amenity and the role of reserved matters.

“The Committee discussed Anglian Water's objections regarding sewage and surface water, referencing Section 106 4B and Supreme Court case law. Officers explained that pre-commencement drainage conditions and potential for package treatment plants addressed technical concerns, with statutory consultees involved at the detailed stage.”

“Councillors questioned the interpretation of windfall site policy and the development boundary, with officers confirming that LP02 supported development adjoining boundaries in tier 4 settlements, subject to criteria, and that development boundaries did not shift during the plan period.”

Minutes

The committee decision

The application was approved subject to a legal agreement securing self-build and custom housing and the habitat mitigation fee.

“RESOLVED: (A) That the application be approved, subject to the completion of a Section 106 to secure self-build and custom and habitat mitigation fee (GIRAMS). If the agreement is not completed within 4 months of the Committee resolution, but reasonable progress has been made, delegated authority is granted to the Assistant Director / Planning Control Manager to continue negotiation and complete the agreement and issue the decision.”

“(B) If in the opinion of the Assistant Director / Planning Control Manager no reasonable progress is made to complete the legal agreement within 4 months of the date of the committee resolution, the application is refused on the failure to secure self-build and custom dwellings and habitat mitigation fee (GIRAMS) in line with Policies LP19 and LP31 of the Local Plan.”

Minutes