Drainage condition variation at Land Adjacent To The Orchard, Springfield Drive, Leek

What was proposed

The applicant sought to replace the approved drainage drawings with revised plans for the foul and surface water system.

“Following approval of SMD/2016/0134 there was a two-year Section 7 audit by Staffordshire County Council, during which time dialogue between the respective drainage experts acting for the Applicant and SCC led to a recommended change in the location of the storm water cellular crate attenuation system shown in drawing 2015/2095/08-Rev.G.- Following discussions regarding questionable viability of attenuation at the rear of Plot 4, the eventual solution recommended (and…”

“As the development by this time was over two years behind schedule the decision was taken to proceed with implementation of the revised drainage proposals as approved by SCC but these were then in conflict with the condition on the original planning consent. This was highlighted to the developer following an enforcement complaint and subsequent investigation.”

Officer report

The site

The site is a cul-de-sac development of seven detached chalet-style homes, with several earlier permissions for the development.

“The application relates to a cul-de-sac development for seven detached chalet-style dwellings. Outline permission was first granted in 2004 with reserved matters of layout, scale, appearance and landscape being later approved in 2013. A further outline consent was granted in 2015, followed by a full planning permission in 2016. The latter consent is the one which has been implemented.”

Officer report

What officers recommended

Officers recommended approval because the Lead Local Flood Authority and Severn Trent raised no objections to the revised drainage scheme.

“The Lead Local Flood Authority, Housing and Drainage Specialist and, Severn Trent Waters were all consulted on the revised drainage proposals. The Council’s in- house drainage specialist has raised no objection provided Severn Trent are satisfied and the works are carried out in line with the Building Regulations.”

“The Highway Authority have commented that revisions may affect the Section 7 technical approval. Revised drainage should be submitted to Staffordshire County Council/AMEY as part of Section 7 Technical Approval as soon as possible.”

Officer report

Technical advice

The Lead Local Flood Authority had no objection, while Severn Trent confirmed no objection subject to a formal sewer connection application.

“Original Response All drainage for this development was agreed 14/06/2016 under LPA ref SMD/2016/0134 in agreement with Development Enquiry 8204966, subject to Section 106 sewer connection application;”

“Please note that final approval of surface water drainage proposals sit with the relevant Lead Local Flood Authority and our having no objection to the drainage condition being discharged does not override their requirements or recommendations regarding acceptable disposal methods or flow rates.”

Officer report

Who spoke

A representative of residents spoke against the application, and the applicant spoke in support.

What members considered

Members were advised that technical drainage advice came from independent bodies and that any updated Section 7 approval was for the developer to resolve.

“The Committee was advised that the application had been considered by the Lead Local Flood Authority and Severn Trent Water which were independent bodies.”

“With regard to the Section 7 approval, this was dealt with by separate legislation administered by the Highways Authority. However, an updated Section 7 approval may be required but this was a matter for the developer to resolve with Staffordshire County Council.”

Minutes

The committee’s decision

The committee approved the application and added a condition requiring the drainage to be completed in accordance with the approved plan within a reasonable timescale.

“That the application be APPROVED for the reasons and based on the policies contained within the report;”

“That a condition be added to require drainage to completed in accordance with the approved plan within a reasonable timescale.”

Minutes