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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Wyeth-Price, R (On the Application Of) v Guildford Borough Council [2020] EWHC 3355 (Admin) (08 December 2020) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2020/3355.html Cite as: [2020] EWHC 3355 (Admin) |
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QUEEN'S BENCH DIVISION
PLANNING COURT
Strand, London, WC2A 2LL |
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B e f o r e :
____________________
THE QUEEN on the application of SUE WYETH-PRICE |
Claimant |
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- and – |
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GUILDFORD BOROUGH COUNCIL |
Defendant |
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BEWLEY HOMES LIMITED |
Interested Party |
____________________
Robert Williams (instructed by Legal Services) for the Defendant
Stephen Morgan (instructed by Gateley Legal) for the Interested Party
Hearing dates: 17 & 18 November 2020
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Crown Copyright ©
Mrs Justice Lang :
Summary of facts
"The Committee considered the application and agreed that the overall layout and reduction in the number of residential units proposed onsite represented a significant improvement. The new scheme had been reduced both in size and bulk and was more in keeping with the character of the surrounding area, enabling resident's [sic] greater enjoyment of their amenities."
Legal framework
Decision making
"If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise."
"62 The Model Council Planning Code and Protocol …. contains …. the following advice:
"Do come to your decision only after due consideration of all of the information reasonably required upon which to base a decision. If you feel there is insufficient time to digest new information or that there is simply insufficient information before you, request that further information. If necessary, defer or refuse."
This passage not only offers sound practical advice. It also reflects the important legal principle that a decision-maker must not only ask himself the right question but "take reasonable steps to acquaint himself with the relevant information to enable him to answer it correctly": Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1977] AC 1014, 1065B. That obligation, which applies to a planning committee as much as to the Secretary of State, includes the need to allow the time reasonably necessary, not only to obtain the relevant information, but also to understand and take it properly into account."
Planning officers' reports
"42. The principles on which the court will act when criticism is made of a planning officer's report to committee are well settled. To summarise the law as it stands:
(1) The essential principles are as stated by the Court of Appeal in R. v Selby District Council, ex parte Oxton Farms [1997] EGCS 60 (see, in particular, the judgment of Judge L.J., as he then was). They have since been confirmed several times by this court, notably by Sullivan L.J. in R. (on the application of Siraj) v Kirklees Metropolitan Borough Council [2010] EWCA Civ 1286, at paragraph 19, and applied in many cases at first instance (see, for example, the judgment of Hickinbottom J., as he then was, in R. (on the application of Zurich Assurance Ltd., t/a Threadneedle Property Investments) v North Lincolnshire Council [2012] EWHC 3708 (Admin), at paragraph 15).
(2) The principles are not complicated. Planning officers' reports to committee are not to be read with undue rigour, but with reasonable benevolence, and bearing in mind that they are written for councillors with local knowledge (see the judgment of Baroness Hale of Richmond in R. (on the application of Morge) v Hampshire County Council [2011] UKSC 2, at paragraph 36, and the judgment of Sullivan J., as he then was, in R. v Mendip District Council, ex parte Fabre (2000) 80 P. & C.R. 500, at p.509). Unless there is evidence to suggest otherwise, it may reasonably be assumed that, if the members followed the officer's recommendation, they did so on the basis of the advice that he or she gave (see the judgment of Lewison L.J. in Palmer v Herefordshire Council [2016] EWCA Civ 1061, at paragraph 7). The question for the court will always be whether, on a fair reading of the report as a whole, the officer has materially misled the members on a matter bearing upon their decision, and the error has gone uncorrected before the decision was made. Minor or inconsequential errors may be excused. It is only if the advice in the officer's report is such as to misdirect the members in a material way – so that, but for the flawed advice it was given, the committee's decision would or might have been different – that the court will be able to conclude that the decision itself was rendered unlawful by that advice.
(3) Where the line is drawn between an officer's advice that is significantly or seriously misleading – misleading in a material way – and advice that is misleading but not significantly so will always depend on the context and circumstances in which the advice was given, and on the possible consequences of it. There will be cases in which a planning officer has inadvertently led a committee astray by making some significant error of fact (see, for example R. (on the application of Loader) v Rother District Council [2016] EWCA Civ 795), or has plainly misdirected the members as to the meaning of a relevant policy (see, for example, Watermead Parish Council v Aylesbury Vale District Council [2017] EWCA Civ 152). There will be others where the officer has simply failed to deal with a matter on which the committee ought to receive explicit advice if the local planning authority is to be seen to have performed its decision-making duties in accordance with the law (see, for example, R. (on the application of Williams) v Powys County Council [2017] EWCA Civ 427). But unless there is some distinct and material defect in the officer's advice, the court will not interfere."
"90. A great many of LBC's grounds involve criticisms of the officers' reports to CBC's committee. Accordingly, it is necessary to refer to the legal principles which govern challenges of this kind. I gratefully adopt the summary given by Mr Justice Hickinbottom in the case of The Queen (Zurich Assurance Ltd trading as Threadneedle Property Investments) –v- North Lincolnshire Council [2012] EWHC 3708 (Admin) at paragraphs 15-16:
"15. Each local planning authority delegates its planning functions to a planning committee, which acts on the basis of information provided by case officers in the form of a report. Such a report usually also includes a recommendation as to how the application should be dealt with. With regard to such reports:
(i) In the absence of contrary evidence, it is a reasonable inference that members of the planning committee follow the reasoning of the report, particularly where a recommendation is adopted.
(ii) When challenged, such reports are not to be subjected to the same exegesis that might be appropriate for the interpretation of a statute: what is required is a fair reading of the report as a whole. Consequently:
"[A]n application for judicial review based on criticisms of the planning officer's report will not normally begin to merit consideration unless the overall effect of the report significantly misleads the committee about material matters which thereafter are left uncorrected at the meeting of the planning committee before the relevant decision is taken" (Oxton Farms, Samuel Smiths Old Brewery (Tadcaster) v Selby District Council (18 April 1997) 1997 WL 1106 106, per Judge LJ as he then was).
(iii) In construing reports, it has to be borne in mind that they are addressed to a "knowledgeable readership", including council members "who, by virtue of that membership, may be expected to have a substantial local and background knowledge" (R v Mendip District Council ex parte Fabre (2000) 80 P & CR 500, per Sullivan J as he then was). That background knowledge includes "a working knowledge of the statutory test" for determination of a planning application (Oxton Farms, per Pill LJ).
…"
91. I would also draw together some further citations:
"[The purpose of an officer's report] is not to decide the issue, but to inform the members of the relevant considerations relating to the application. It is not addressed to the world at large but to council members, who, by virtue of that membership, may be expected to have substantial local and background knowledge. There would be no point in a planning officer's report setting out in great detail background material, for example in respect of local topography, development plan policies or matters of planning history if the members were only too familiar with that material. Part of a planning officer's expert function in reporting to the committee must be to make an assessment of how much information needs to be included in his or her report in order to avoid burdening a busy committee with excessive and unnecessary detail." (per Sullivan J in R v Mendip DC ex p Fabre (2000) 80 P&CR 500 at 509).
92. In R (Siraj) v Kirkless MBC [2010] EWCA Civ 1286 Sullivan LJ stated at para. 19:
"It has been repeatedly emphasised that officers' reports such as this should not be construed as though they were enactments. They should be read as a whole and in a common sense manner, bearing in mind the fact that they are addressed to an informed readership, in this case the respondent's planning subcommittee"
93. In R (Maxwell) v Wiltshire Council [2011] EWHC 1840 (Admin) at paragraph 43 Sales J (as he then was) stated:
"The Court should focus on the substance of a report of officers given in the present sort of context, to see whether it has sufficiently drawn councillors' attention to the proper approach required by the law and material considerations, rather than to insist upon an elaborate citation of underlying background materials. Otherwise, there will be a danger that officers will draft reports with excessive defensiveness, lengthening them and over-burdening them with quotations of material, which may have a tendency to undermine the willingness and ability of busy council members to read and digest them effectively.""
Heritage assets
"66. General duty as respects listed buildings in exercise of planning functions
(1) In considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority or, as the case may be, the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses."
"Considering potential impacts
193. When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset's conservation (and the more important the asset, the greater the weight should be). This is irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance.
194. Any harm to, or loss of, the significance of a designated heritage asset (from its alteration or destruction, or from development within its setting), should require clear and convincing justification. Substantial harm to or loss of:
a) grade II listed buildings, or grade II registered parks or gardens, should be exceptional;
b) assets of the highest significance, notably scheduled monuments, protected wreck sites, registered battlefields, grade I and II* listed buildings, grade I and II* registered parks and gardens, and World Heritage Sites, should be wholly exceptional.
195. Where a proposed development will lead to substantial harm to (or total loss of significance of) a designated heritage asset, local planning authorities should refuse consent, unless it can be demonstrated that the substantial harm or total loss is necessary to achieve substantial public benefits that outweigh that harm or loss, or all of the following apply….
196. Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use."
"28. If one applies the correct approach in the present case, as set out in Save Britain's Heritage and South Bucks DC v Porter (No. 2), it cannot be said that the reasoning of the Inspector gives rise to any substantial doubt as to whether he erred in law. On the contrary, the express references by the Inspector to both Policy EV12 and paragraph 134 of the NPPF are strong indications that he in fact had the relevant legal duty according to section 66(1) of the Listed Buildings Act in mind and complied with it. Policy EV12 reflects that duty, and the textual commentary on it reminds the reader of that provision. Paragraph 134 of the NPPF appears as part of a fasciculus of paragraphs, set out above, which lay down an approach which corresponds with the duty in section 66(1). Generally, a decision-maker who works through those paragraphs in accordance with their terms will have complied with the section 66(1) duty. When an expert planning inspector refers to a paragraph within that grouping of provisions (as the Inspector referred to paragraph 134 of the NPPF in the Decision Letter in this case) then – absent some positive contrary indication in other parts of the text of his reasons — the appropriate inference is that he has taken properly into account all those provisions, not that he has forgotten about all the other paragraphs apart from the specific one he has mentioned. Working through these paragraphs, a decision-maker who had properly directed himself by reference to them would indeed have arrived at the conclusion that the case fell within paragraph 134, as the Inspector did."
"7. The existence of the statutory duty under section 66(1) does not alter the approach that the court takes to an examination of the reasons for the decision given by the decision maker: Jones v Mordue [2015] EWCA Civ 1243; [2016] 1 WLR 2682. It is not for the decision maker to demonstrate positively that he has complied with that duty: it is for the challenger to demonstrate that at the very least there is substantial doubt whether he has. Where the decision maker refers to the statutory duty, the relevant parts of the NPPF and any relevant policies in the development plan there is an inference that he has complied with it, absent some positive indication to the contrary: Jones v Mordue at [28]. In examining the reasons given by a local planning authority for a decision, it is a reasonable inference that, in the absence of contrary evidence, they accepted the reasoning of an officer's report, at all events where they follow the officer's recommendation: R (Fabre) v Mendip DC (2000) 80 P&CR 500, 511; R (Zurich Assurance Ltd) v North Lincolnshire Council [2012] EWHC 3708 at [15]."
"81. The error was not merely a failure to have regard to a material consideration. It was also a significant default in the city council's performance of its duty under section 66(1). It indicates that despite the reference made in the officer's report to the statutory duty, the policies in paragraphs 132 and 134 of the NPPF and Policy HD5 of the UDP, the duty to have "special regard" to the desirability of preserving the setting of the listed building was not complied with. Even if one could excuse the other shortcomings to which the judge referred – including the "unweighted formulation of the balancing exercise" in the officer's assessment – I think this would be a sufficiently powerful "contra-indication" on its own to displace the presumption that the section 66(1) duty was discharged. For this reason, like the judge, I am left in "substantial doubt" that the duty was performed.
82. This "substantial doubt" is only strengthened by the absence, at least from the section of the officer's report in which his assessment is set out, of any steer to the members that a finding of harm to the setting of the listed building was a consideration to which they must give "considerable importance and weight". I think the judge's conclusions here were right."
Legal challenges
Grounds of challenge
i) Ground 1: Failure to apply section 66(1) of the PLBCAA 1990 and failure to take account of paragraphs 193 and 194 of the Framework.
ii) Ground 2: Failure to have regard to a relevant consideration, namely, the advice of Surrey Wildlife Trust in respect of a veteran tree at the Site, and acting irrationally in departing from the advice without reasons.
iii) Ground 3: Failure to have regard to material considerations concerning flooding at the Site and/or acting irrationally by ignoring expert evidence on this matter.
Ground 1
Conclusions
"Paragraphs 189-192 sets out the framework for decision making in planning applications relating to heritage assets and this application takes account of the relevant considerations in these paragraphs."
"It is considered that the applicant has achieved an acceptable balance between protecting the significance of the heritage assets and providing the dwellings that are needed.
Although the applicant has minimised the harm caused to the setting of the Ash Manor complex, there would inevitably be some harm caused. The applicant's Heritage Assessment notes that the proposal would result in 'less than substantial harm' to the heritage assets, a view which is supported by Historic England. The Local Planning Authority concurs with this view and would add that given the amendments which have been made to the scheme, it is now considered that the harm is at the lower end of the 'less than substantial' range.
Paragraph 196 of the NPPF states that 'where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use'. The public benefits will be assessed below in the final balancing exercise."
"As noted above, it has been concluded that the proposal would result in less than substantial harm to the setting of the various listed buildings at Ash Manor. However, given the distance the new built form would be set away from the listed buildings and the treatment of the 'buffer' in between it is noted that this harm would be at the lower end of the scale.
Notwithstanding this, paragraph 196 of the NPPF states that 'where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use'. With regard to the impact on the setting of the listed buildings, it is also acknowledged that in accordance with Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, the Local Planning Authority must have special regard to the desirability of preserving the buildings or their settings or any features of special architectural or historic interest which it possesses.
As required by paragraph 196 of the NPPF, the public benefits of the proposal will be set out below.
The proposal would deliver a total of 77 dwellings in a mix which is agreeable to the Council's Housing Strategy and Enabling Manager…..The early provision of such a sizeable number of dwellings with an optimum mix is deemed to be a substantial public benefit of the proposal.
……As part of the application, the applicant has agreed to implement and fund a range of measures which will help to improve highway safety…. This is a significant public benefit of the proposal.
The proposal would enhance the existing pedestrian and cycle connections in the locality… This is a modest public benefit of the proposal.
The buffer which is being created to the south and east of Ash Manor will be a new public amenity space for future and existing residents of the area. …The proposal would therefore improve the ecological value of this part of the site which is of modest public benefit.
Finally, the applicant has agreed to a wide range of contributions which will help to improve community facilities in the area…. Whilst it is acknowledged that these contributions are required to mitigate the impacts of the development, nonetheless they will result in public benefits.
Having had special regard to the harm on the setting of the neighbouring listed buildings, which is at the lower end of less than substantial, it is the view of the Local Planning Authority that it is outweighed by the public benefits of the proposal."
i) At the outset, the planning officer identified paragraphs 189 – 192 of the Framework as setting out "the framework for decision making" and stated that "this application took account of the relevant considerations in those paragraphs". Paragraphs 189-192 are in a sub-section of Chapter 16, headed "Proposals affecting heritage assets". The inference is that these are the paragraphs which the planning officer has taken into account. However the next sub-section, headed "Considering potential impacts", which includes paragraphs 193, 194 and 196, was also a crucial part of the decision-making framework in this case. The planning officer later remedied his omission of paragraph 196 by expressly referring to it, but he did not at any stage remedy the omission of paragraphs 193 and 194.
ii) The planning officer's repeated reliance solely on the wording of paragraph 196 of the Framework, to describe the balancing exercise, without advising members of the Planning Committee also to take into account paragraphs 193 and 194, and/or the considerations set out in those paragraphs.
iii) The planning officer conducted a balancing exercise in which the heritage harm was balanced against the public benefits, without any indication that "great weight" should be given to the asset's conservation, and that a Grade II* listed building was an important heritage asset which should attract greater weight. As in the Liverpool case, the effect was to "play down the part of the exercise represented by [paragraph 193 and 194] and to tilt the balance towards emphasising the absence of substantial harm and the public benefits to be weighed on the other side of the balance": R (LOGS CIC) v Liverpool City Council & Anor [2019] EWHC 55 (Admin), per Kerr J. at [81].
iv) In the balancing exercise the planning officer described the weight to be given to the various public benefits as "substantial", "significant" and "modest". The heritage harm was described as being "at the lower end of less than substantial". On a fair reading, the Planning Committee was left in the position of weighing "less than substantial harm" against "substantial", "significant" and "modest" public benefits in an untilted planning balance. The effect was to repeat the error made in Barnwell where the "less than substantial harm" was wrongly treated as a less than substantial consideration.
"The NPPF tells us that great weight should be given to the conservation of heritage assets, paragraph 132 states that 'the more important the asset, the greater the weight should be'. Ash Manor is Grade II* listed which puts it in the top 6% of all listed buildings in the country and forms a group with the nearby listed farm buildings. For the above reasons the proposal would cause less than substantial harm to this group of listed buildings. The Council is required to place great weight on the conservation of these buildings. Paragraph 134 of the NPPF states that where less than substantial harm has been identified 'this harm should be weighed against the public benefits of the proposal. This weighing exercise will be carried out in the final section of this report…"
"The balancing exercise
Harm v public benefits
…..in light of the identified harm to designated assets, paragraph 134 of the NPPF provides a material balance to be considered within the overall statutory context provided by s.38(6) of the Planning and Compulsory Purchase Act 2004 and s.66 of the Listed Buildings Act 1990.
The Council's conservation officer and Historic England have identified that the proposal would result in less than substantial harm to a number of designated heritage assets, including the Grade II* listed Ash Manor and Old Manor Cottage. Overall and having regard to the provisions of Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the NPPF and policy HE4 of the Local Plan, special regard must be given to preserving the identified heritage assets and as such considerable importance and weight is afforded to this harm.
…..
Paragraph 132 of the NPPF states that 'when considering the impact of a proposed development of a designated heritage asset, great weight should be given to the asset's conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require a clear and convincing justification'. Paragraph 134 of the NPPF goes on to state that 'where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use….. While the public benefits of the scheme have been identified above, they do not, either individually or cumulatively, outweigh the harm which has been identified to the heritage assets."
"Overall, when compared to the original proposal, the changes to the scheme result in slightly less harm to the setting of the listed buildings located at Ash Manor and this should be considered when the remaining harm is balanced against the public benefit of the proposal."
Ground 2
"development resulting in the loss or deterioration of irreplaceable habitats (such as ancient woodland and ancient or veteran trees) should be refused, unless there are wholly exceptional reasons and a suitable compensation strategy exists."
Conclusions
"…tree (T67) is retained within the proposed development and that a permanent buffer zone of semi-natural habitat, or dimensions specified above, should be secured as part of planning permission in order to demonstrate that the requirements of national policy and guidance are complied with and that no aged or veteran trees are to be lost or adversely affected as a result of development."
"loss of a tree of significant biodiversity value, regardless of absolute girth size, would be not in line with the objectives of the NPPF to seek a net gain for biodiversity as a result of truly sustainable development."
"As regards the dead Oak tree (T67 on the applicant's tree survey), SWT note that due to its age and condition it should be classed as a veteran tree. While the applicant has a different opinion, SWT maintain that the tree offers 'exceptional biodiversity value'. Although this is the case, the tree in question is proposed for removal as part of the application. It should be noted that SWT did not raise this matter as a concern as part of their assessment of the previous application made on the site (17/P/00513 refers), even though the tree was in a similar condition. Nevertheless, the loss of the tree in biodiversity terms is regrettable and would result in some harm to the area. This matter will be considered in the balance below."
…..
"It is noted that an Oak tree which is protected by TPO 4 of 1974 is proposed for removal (T67 as already discussed above). This is a large tree which sits in the southern field and the Council's Tree Officer notes that the majority of its crown is dead. It is acknowledged that secondary crown is emerging on some stems, however, its long-term potential is considered to be low. While the tree is a feature of the existing site, given its existing condition, in arboricultural terms, there are no objections to its removal."
……
"It is noted that the only other harm identified as part of the assessment is the loss of T67 and the resulting impact on the biodiversity of the site. While it is regrettable that T67 is to be removed, it is noted that the other improvements being made to the site, would partly offset its loss. It is considered that the loss of T67 in itself would not be sufficient justification to refuse planning permission and the harm is clearly and demonstrably outweighed by the benefits of the proposal."
"Oak tree
Following the receipt of further concerns about the loss of the existing Oak, it is reiterated that the tree in question has recently been inspected by the Council's Tree Officer. He notes that while some secondary crown is emerging, overall, the tree is in very poor condition, with evident decay around its base. Therefore, the Tree Officer concludes that the tree is of low long-term value and that its removal is the most appropriate form of action.
Notwithstanding the fact that the tree has low long-term value, if it was retained, for health and safety reasons, it would need to have a fenced exclusion zone of approximately 30 metres in diameter. Retaining the tree in situ would also have significant and material impact on the layout of the scheme.
The applicant has suggested that following the felling of the tree, its trunk could possibly be retained on-site and integrated into the open space (e.g. possibly as an ecological or art feature etc.) This may help to improve the ecological biodiversity of the site and retain the link between the tree and Ash Manor. Officers believe that the applicant's offer could reasonably be secured through the condition noted below."
"The Committee sympathised in relation to the loss of the 250-year old oak tree onsite that would be removed as a result of the development. The Council's Arboriculturalist officer supported its removal given that most of its crown was dead."
Ground 3
Conclusions
"further concerns have been raised with regard to the SUDS scheme being proposed and the accuracy of the applicant's technical documents [Officer Note: This issue has been specifically addressed by the Lead Local Flood Authority and they confirm that the SuDs and drainage scheme being proposed by the applicant is acceptable];".
This was a reference to Dr Pedley's representation of 1 October 2019.
"local residents have raised concern about flooding and in particular it has been stated that the existing pond is fed by a spring. Residents claim that adding further water to the pond from the proposed development may mean that water levels could increase, over-top its bank and flood the surrounding land."
"In relation to comments raised by public speakers, concerns raised in relation to the pond had been assessed by the Lead Local Flood Authority who had requested additional information from the applicant. Based on that information, they were satisfied that the SUDs scheme was acceptable with the proviso of two additional conditions that secured the exact details of the SUDs scheme."
"Steve [Pedley] has been lecturing at Surrey University for 40 years on water, its quality and its movements above and below ground. He is an expert in this field and has a Doctorate…His comments are based on an actual site evaluation, where the depth of the whole pond was undertaken from a small dingy. His comments are relevant and extremely worrying. And against the desk top evaluation from Bewley's agent. Should this development go ahead then all the listed buildings are under serious threat of flooding. The Barn adjacent to the pond is partly underground… and the driveway is downhill all the way from the pond to the Manor…"
"We have assessed the site in the same way as others i.e. using the Non-Statutory Technical Standards for Sustainable Drainage Systems, however we are not groundwater experts and our duties are to comment on the surface water implications of development. Any other comments in relation to ground water would be outside of our remit and we would recommend that the developer addressed the groundwater comments or an independent review is carried out in relation to groundwater."
"on-site surveys of the pond have been undertaken by residents and was noted that the capacity of the pond is less than stated by the applicant. It is noted that the pond is also groundwater fed. The use of the pond for SuDS could have a detrimental flooding impact on the surrounding area."
"The drainage concerns raised by residents have been forwarded to the LLFA and they have confirmed that the scheme proposed by the applicant remains acceptable…..they do not require any further information for this application and they remain content with the drainage scheme."
"The Committee also noted that the SUDs and drainage scheme was supported by the Lead Local Flood Authority (LLFA)."
Final conclusion