Agenda item

            That planning permission 048032, as amended by permission 050805 be amended by the deletion of Condition 6 in its entirety. 

The Committee considered the report of the Chief Officer (Planning and Environment) in respect of this application.  The usual consultations had been undertaken and the responses received detailed in the report.

            The officer detailed the background to the report and explained that it had been deferred from the meeting on 12^th November 2014 to allow advice to be provided by Dwr Cymu/Welsh Water in relation to the upgrade works that were presently being undertaken.  The information had been sought and had been summarised within paragraph 7.08 of the report. 

            Councillor David Mackie spoke against the proposal on behalf of Hawarden Community Council to express their concerns about future drainage problems in the Mancot and Pentre areas if the condition was removed.    

            Councillor Derek Butler proposed the recommendation to delete Condition 6 in its entirety which was duly seconded.

            The Local Member, Councillor Clive Carver, spoke against the proposal to remove the condition.  He explained that at the Planning Committee meeting on 12^th November 2014, he had stressed the fact that the Planning Inspector, who had introduced himself as a Civil Engineer with experience in drainage, had been explicit in his Condition 6.  It stated that no development should commence until a scheme of improvement to the off-site drainage in Mancot Lane had been submitted to and approved in writing by the localplanning authority.  Councillor Carver felt that removal of Condition 6 at this stage was premature as the required works had not been completed and he added that to date, 17 dwellings on the site were occupied which was in breach of Condition 6.  He had discussed the issue with Planning officers in July 2014 and was told that Welsh Water had confirmed that they would not have any concerns regarding potentially overloading the existing system if no more than ten properties were connected to the drainage system.  However, Welsh Water had had now advised that they would manage potential flooding issues during construction works by undertaking over pumping of flows to regulate flows within the system (this was reported at paragraph 7.08).  Councillor Carver felt that Redrow wanted the condition removing so that they would not continue to breach it even though the requirements had not been met.  He also referred to a resident in Saltney who had breached a planning condition in relation to the height of a fence and had been ordered to pay costs as well as being a conditional discharge and compared this to Redrow appearing to be breaching the condition without any penalties.  He felt that consistency on this issue was important. 

            Councillor Mike Peers felt that part of the reason for deferral, which was to ask Welsh Water what would happen if the works were not completed by 31^st March 2015, had not been responded to.  However, it was reported in paragraph 7.08 (e) that the works would be completed by early February 2015.  He felt that the condition should not be removed until the works had been undertaken due to grave concerns that had been expressed and proposed an amendment to the proposal that the condition remain in place until confirmation was received that the works had been completed. 

            In response to the comment from Councillor Carver about the breach of planning conditions relating to a fence in Saltney, Councillor Richard Lloyd clarified that the issue did not relate to the height of the fence but to the fact that the fence had been erected without permission. 

            The officer explained that the condition imposed by the Planning Inspector had been suggested by Welsh Water as the statutory undertaker.  Agreement had been reached between the developer and Welsh Water that the scheme of off-site works would be undertaken in advance of the commencement of the development of the site.  Welsh Water had programmed this part of the upgrade scheme to be carried out alongside another unrelated piece of system upgrade works; it was anticipated that this would be completed by March 2015.  However, the outstanding works which were the subject of this condition were intended to be completed earlier than this and therefore Welsh Water did not have any objection to the removal of the condition as the need for it was no longer in existence. 

            In response to a comment by the Chief Officer (Planning and Environment) that non-compliance of the condition would not result in any harm, Councillor Peers suggested that there would also not be any harm to leave the condition in place.  The officer felt that to retain the condition could be seen as unreasonable behaviour.               

            RESOLVED:

            That planning permission 048032, as amended by permission 050805 be amended by the deletion of Condition 6 in its entirety.