Up to two homes at Land Off Sand Lane, Spalford

“The application seeks Permission in Principle (the first of a 2-stage process) for residential development of up to 2 dwellings. No specific details are required at this stage. Permission in Principle requires only the location, the land use, and the amount of development to be assessed. If residential development (as is the case in this application), the description must specify the minimum and maximum number of dwellings proposed.”

“The Site 1.1 The site (outlined in red) comprises of a square parcel of undeveloped land measuring 0.1 hectares in area, fronting onto Sand Lane and running along Rabbit Hill Lane and Chapel Lane. The site is enclosed by a level of foliage and hedging; however, it is noted that trees within the site boundary have been removed.”

“The entrance to the site and parts of the site are at risk of flooding at varying levels ranging from medium to high risk with predominantly high risk at the site entrance and medium flood risk to the east and west with high risk to the south. It is noted that the proposed redline does not encompass the areas of flood zone 3 (except a sliver to the south) and predominantly encompasses Flood zone 1 and 2.”

“21/01907/FUL- Provision of Two New Live/Work Dwellings including a building containing garage, car port and detached workspace. – Refused on grounds of inappropriate location for new development and refused on grounds of flood zones 2 and 3.”

“22/02430/FUL - Provision of two new Live/work Dwellings including a separate building containing detached workspaces and under cover parking. – Refused on grounds of inappropriate location for development, unsuitable loss of open/green space and loss of trees and hedgerows. The proposal was also considered to fail the sequential test.”

“Planning Committee is the appropriate body to consider the content of this report. A Legal Advisor will be present at the meeting to assist on any legal points which may arise during consideration of the application. Conclusion 9.1. The purpose of this application is to assess the acceptability of the proposal on the application site, in relation to location, land use, and amount of development, in principle only.”

“It should be noted that conditions cannot be attached to a Permission in Principle. Conditions would be attached to the Technical Details Consent. The Permission in Principle and the Technical Details Consent together form the full permission. No development can commence until both have been approved.”

“A vote was taken for approval and lost with 1 vote For and 12 Votes Against.”

“AGREED Moved Councillor L Dales and Seconded Councillor D Moore (with 12 votes For, 1 vote Against) that contrary to Officer recommendation Permission in Principle be refused for the following reasons:”

“(v) Policy SP3 & DM12; (vi) Surrounded by flood zone 2 & 3; (vii) Unsustainable location; and (viii) Out of character with the area. In accordance with paragraph 18.5 of the Planning Protocol, as the motion was against Officer recommendation, a recorded vote was taken.”