26 dwellings at Land South of Railway Road, Downham Market

The site and surroundings

The site was scrubland with peripheral trees between a railway, industrial estate, nature reserve, housing and a commercial workshop.

“The application site lies to the south of Railway Road, Downham Market. It comprises an area of approx. 1h of unmaintained scrubland and some peripheral trees bounded by the railway line to the west, Sovereign Way industrial estate to the south, The Willows Nature Reserve (County Wildlife Site) to the east and residential development on Daisy Lane to the north with Railway Road beyond, plus a commercial workshop (TLH Autocare) adjoining the NW corner of the site.”

Officer report

What officers recommended

Officers recommended approval subject to a legal agreement securing affordable housing, a private road, play and nature reserve contributions, and the GIRAMS fee.

“A) Subject to completion of a Section 106 agreement within 4 months of a resolution to APPROVE to cover affordable housing provision, maintenance as a private road, off-site contribution towards play equipment/maintenance etc. fee towards maintenance of The Willows Nature Reserve plus payment of GIRAMS fee, permission be granted subject to certain conditions.”

“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 affordable housing provision, maintenance as a private road, off-site contribution towards play equipment/maintenance etc.”

Officer report

What consultees said

Most technical consultees raised no objection, while the town council objected over highways, drainage, flooding, trees and nature conservation.

“Town Council: OBJECTION – (Initial scheme) The Town Council recommends refusal of this application for the following reasons: Highway Issues – traffic generation, vehicular access, highway safety. Capacity of physical infrastructure – drainage and water systems. This area is known to flood as is known locally as ‘the Fenland bog.’ Loss or effect on trees Adverse impact on nature conservation interests and biodiversity…”

“Environment Agency: NO OBJECTION - The Environment Agency’s Risk of Flooding from Surface Water (RoFSW) mapping was recently updated. The updated RoFSW shows the site to be at medium risk of flooding from surface water. Surface water flooding is not within our direct remit or expertise but is nevertheless an important consideration for managing flood risk for this development. Prior to deciding this application, we recommend that consideration is given to this issue.”

Officer report

What people said

One hundred and twenty-three objections raised concerns including need, access, flooding, infrastructure, wildlife, construction impacts, design and safety.

“A total of ONE HUNDRED AND TWENTY-THREE items of correspondence received (in response to four rounds of consultation following amendments between August 2024 to February 2026), raising OBJECTION to the proposed development on the following summarised grounds:”

“Impact on infrastructure – doctors, schools etc. • Impact upon The Willows/trees/wildlife • Noise, air quality and dust during construction period • Design out of character • Anti-social behaviour already in The Willows • Concerns for safety of children close to railway line, open water on The Willows and industrial estate…”

Officer report

Who spoke

A supporting speaker addressed the committee under the public speaking protocol.

Members’ questions

Councillors questioned officers about allotments, cycle signage, road adoption, waste vehicle indemnity, drainage, affordable housing and maintenance arrangements.

“Councillors raised questions about allotments, cycle signage, road adoption, indemnity for waste vehicles, drainage, affordable housing with officers clarifying policy requirements, maintenance arrangements, and technical solutions, including the role of management companies and drainage schemes.”

Minutes

The vote

The recommendation to approve the application was put to a roll-call vote and carried unanimously.

“The Democratic Services Officer then carried out a roll call on the recommendation to approve the application and, after having been put to the vote, was carried unanimously.”

Minutes

The decision

Permission was granted subject to completing the legal agreement within four months and complying with conditions.

“RESOLVED: (A) That subject to completion of a Section 106 agreement within 4 months of a resolution to approve to cover affordable housing provision, maintenance as a private road, off-site contribution towards play equipment / maintenance, etc fee towards maintenance of The Willows Nature Reserve plus payment of GIRAMS fee, permission be granted subject to certain conditions.”

Minutes

If the agreement fails

The application would be refused if reasonable progress was not made on the legal agreement within four months.

“(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 affordable housing provision, maintenance as a private road, off-site contribution towards play equipment / maintenance etc fee towards maintenance of The Willows Nature Reserve plus payment of GIRAMS fee, contrary to Policies LP05,…”

Minutes