Agenda item

To consider the planning application and recommendations of the Director of Planning and Regulatory Services, (copy enclosed, Members’ Update to be circulated)*.

Councillor A K M St Joseph returned to the Council Chamber following the decision on FUL/MAL/18/00674.

The Officer presented their report to the Committee, after which Mr Kevin Boden - an objector, Councillor Mrs Lindsey Squire and Sean Martin, Planning Manager from David Wilson Homes, addressed the Committee.

The Chairman introduced to the committee Mr Iain Amis, Head of Development Services and Mr Richard Lyon, Senior Pre-Development Engineer from Anglian Water, and Ms Barbara Moss-Taylor, Sustainable Places Planning Specialist from the Environment Agency.

Members questioned the conflicting information that had received in correspondence from Anglian Water dated 11 November 2017 and 18 July 2018 relating to the existing capacity, current foul water system and proposed drainage solutions.  Additional concerns were that the proposed system would be insufficient and that the current situation would be exacerbated with the addition of more units.

Anglian Water and the Environment Agency provided the following information in response to intensive questioning from Members:

·       Anglian Water had been working with David Wilson Homes in order to provide an appropriate plan for the removal of foul and surface water.  Members were advised that the problem was not foul water but instead surface water at the site.

The Current System

·       References to capacity in letters from November 2017 and July 2018 related to the volumetric permit at Lachingdon Water Recycling Works, and it is accepted by Anglian Water that they are, and will, exceed their permit.

·       It was confirmed that the current issue with the sewerage within North Fambridge required a solution.  As the network performs well in dry weather it was noted that this is caused by surface water and was not a foul water problem.  Anglian Water stated that they had been aware of issues since it had developed but could not confirm when this was. 

·       The foul water network is considered adequately sized for the existing dwellings and the development should be easily accommodated.  No detriment or impact to the network should occur.

·       The treatment capacity, and the ability to treat it, has not shown a worsening in samples.  These are monitored under a compliance regime. 

·       Proposed solutions included the removal of some of the surface water, or reviewing of the volumetric permit which would result in a tightening of the sanitary permit.  The capacity would need to be assessed to determine where excess water could go to prevent flooding of nearby roads and ponds.  Members were advised that this would require a period of sampling and analysis which could take up to a year.

·       Mitigation currently in place is to utilise the sewage network at average flow and not peak.  This is considered good and sensible use of assets. 

Water flow solutions

·       Analysis of the site is required to determine the pathway and ingress of surface water to the foul water system. 

·       Following analysis different investment solutions for the site could include:

o   Increased discharge permit at Latchingdon Water Recycling Centre, this would need to be agreed with the Environment Agency.

o   Investment of money at Latchingdon Water Recycling Centre.

o   Finding ways to remove surface water ingress into the foul water network.

Rather than focusing on a single solution, aspects from each would likely be used in mitigation.

·       Building a bigger treatment is not always the best thing to do and alternatives would be considered and funded by Anglian Water.  By increasing capacity there would be a dilution of sewage resulting in a reduction of the required volume to feed the microbiology used during the recycling process.

Water Quality

·       Anglian Water were uncertain as to whether there would be an impact on the water quality.  At time of the meeting there was no concern as the works comfortably met the sanitary consent and did not exceed the volumetric permit.

·       The Environment Agency advised that there was no current threat to the sanitary aspect of the current permit.  It was confirmed that the volumetric flow sometimes exceeds the set level.  Any overflow goes to the treatment works which is where the impact on the volume occurs.

Misconnected Foul Water Systems

·       A representative from Anglian Water advised that anyone has the right to connect to the sewage system, and that under Section 94 of the Water Industry Act requires the supply of a water network to the development.   A viable alternative for misconnections must be provided before disconnection occurred.

·       Grounds for refusing a foul waste connection fall into two categories:

1. mode of connection.

2. type of pipe work. 

The second reason for refusal is never applicable due to the use of new pipes.  The first is rarely acted upon as Anglian Water requests applicants work with them on drainage at respective sites.  If a site has planning permission Anglian Water has to accept connectivity.

Members were advised by The Group Manager for Planning if Anglian Water had any concerns Maldon District Council would have received a letter of objection.

The Proposed System

·       Anglian Water worked with David Wilson Homes to produce a solution to mitigate flows and allowing assets to be utilised to their full extent, including the use of storage tanks at the application site.  Discharge from the tank would occur when there is flow capacity in the sewers.  No discharge would occur without capacity.

·       The proposed tank would be industry standard and could hold the projected flow for 25 hours.  The tank would automatically empty into the sewage system after 25 hours or when it reaches maximum capacity.  The designs are of industry standard and include a 30 year protection. 

·       The additional tank will be delivered by the developer and not Anglian Water.

·       The foul network is appropriately designed in size for the number of homes it deals with.

·       This solution is considered to have minimal impact on the sewage network and allow assets to be utilised effectively as it is designed for peak periods, and should not cause detriment to the network.

·       Lorries would not be required for the removal of foul waste from the site.

Frankling Road Pumping Station

·       Pumping station at bottom of Frankling Road has been there since the 1970’s and the permit was dated 1987. 

Flood Risk

·       Excess surface water generated by a breach of the sea wall would not fall under Anglian Waters remit.

·       The existing pumping station has no flood protection measures even though it is in flood zone 3.[1]

North Fambridge Pumping Station

·       Approval of a pumping station for North Fambridge is unlikely.  This is because siting of new networks is discouraged, and expensive.

·       There is no requirement for a storm water system as North Fambridge has a foul water system in place.

Councillor St Joseph left the meeting at 21:07 and did not return.

Members voiced frustration at the lack of solutions provided by Anglian Water and stated that future problems had been presented instead of the reassurance which was sought by the Committee. 

Councillor Miss S White proposed that the conditions were not discharged for the reasons stated above and this was duly seconded.  This motion was put to a vote and carried.

RESOLVED  that  the discharge of Conditions 12, 13, 17, 31, and 33 was REFUSED contrary to the Officers recommendation for the following reasons:

12.  The North Western Area Planning Committee on 06 August 2018 determined that the submissions have not demonstrated to the satisfaction of the Local Planning Authority that adequate maintenance arrangements have been proposed because the statutory undertaker has not demonstrated to the satisfaction of the Local Planning Authority that it would be possible to maintain an effective drainage strategy. Therefore Condition 12 of outline planning application OUT/MAL/14/01016 is not discharged.

13.  Members at the North Western Area Planning Committee on 06 August 2018 determined that the submissions have not demonstrated to the satisfaction of the Local Planning Authority that adequate capacity for the handling and disposal of surface and foul water will be available to serve the development. Therefore Condition 13 of outline planning application OUT/MAL/14/01016 is not discharged.

17.  Members at the North Western Area Planning Committee on 06 August 2018 determined that the submissions have not demonstrated to the satisfaction of the Local Planning Authority that adequate means of disposing of surface water will be available to serve the development. Therefore Condition 17 of outline planning application OUT/MAL/14/01016 is not discharged.

31.  Members at the North Western Area Planning Committee on 06 August 2018 determined that the submissions have not demonstrated to the satisfaction of the Local Planning Authority that adequate capacity for the handling and disposal of wastewater will be available to serve the development and therefore Condition 31 of outline planning application OUT/MAL/14/01016 is not discharged.

33.  Members at the North Western Area Planning Committee on 06 August 2018 determined that the submissions have not been demonstrated to the satisfaction of the Local Planning Authority that adequate capacity for the handling and disposal of foul water will be available to serve the development and therefore Condition 31 of outline planning application OUT/MAL/14/01016 is not discharged.