Agenda item

Variation of condition 11 of permission EB/2011/0193(FP) for the demolition of the garages to the rear of 2-8 Upwick Road and the erection of 6 houses and garages, parking spaces, landscaping and amendment s to vehicular access from Upwick Road, and external alterations to 2/ 4 Upwick Road to remove the entrance door at the side and form a new entrance door at the front.  Variation sought: the disposal of foul water from the site into the existing drain at the rear of 7 Dillingburgh Road – OLD TOWN.  Two letters of objection had been received.  Three further letters of objection were reported at the meeting.

The relevant planning history for the site was detailed within the report.  The observations of Southern Water Services Ltd were also summarised.

The committee was advised that the applicant’s legal advisors had outlined that Southern Water had confirmed that the sewers could be considered for adoption by them but that the applicant would need to apply for formal adoption. In addition they confirmed that an easement had been agreed with the occupiers of 7 Dillingburgh Road in order to allow continued access.

Members were reminded that the applicants had discharged the details in relation to foul and surface water disposal under application 140155 This approval had the site being drained via a soakaway for the surface water and the foul water being discharged via a pumped system into Upwick Road. The pump chamber had been installed 3.5m closer to Upwick Road.  The applicants acknowledged that the new location had not been agreed by the Council but has been installed in the location on site as the most practical way of installation given the proximity of the agreed location to the existing new dwelling house.

The applicants acknowledged that to install ground works at this stage of the development was not ideal but contended that the location of the pump chamber was as close as was practicable to the approved location and would, if supported, enable the site to be drained to Upwick Road in the manner to which it was originally sought.

Councillor Coles, Ward Councillor, addressed the committee in objection stating that the adoption of the sewer had not yet been confirmed.

Mr Johnson, agent for the applicant, addressed that committee in response stating that an access agreement had been made with 7 Dillingburgh Road and Southern Water had confirmed they would adopt the sewer.

RESOLVED: (Unanimous) That permission be refused on the grounds that the application has not been accompanied with details to demonstrate the suitability and capacity of the existing drainage run to absorb additional connections. In addition the application has also failed to supply/demonstrate details to control/mitigate the potential risk of localised flooding and blockages within the immediate area, nor provide details that the sewers will be adopted as ‘public sewer’ by the appropriate statutory undertaker. In the absence of this information it is likely that the proposal may have an adverse impact upon the amenities currently enjoyed by the occupiers of nearby residential properties and also by the future occupiers of these new properties by reason of localised flooding and blockages of the local sewer network 2) The gravity system as proposed by this application remains unacceptable and should be refused for the reasons as highlighted 3) That Members defer Enforcement Action in relation to the siting pump chamber and give the applicant the opportunity to rectify the breach of planning control (pump chamber and vents not in accordance with the approved details) 4) Failure to remedy the breach of planning control either by way of re-siting or revised application would result in a sustained breach of planning control and in these circumstances then Enforcement Acton be authorised to secure compliance.

Appeal:

Should the applicant appeal the decision the appropriate course of action to be followed, taking into account the criteria set by the Planning Inspectorate, is considered to be written representations.