Appeal 3334768

The appeal is allowed and the planning permission Ref 21/01705/RECON (for the Minor material amendment under Section 73 of the Town and Country Planning Act 1990 to allow variation of condition 2 of planning application ref: 21/01705/FULL1 (granted on the 8th March 2022 for Demolition of two storey annexe and single storey outbuilding and construction of a three storey building (consisting of six flats of 2 no 2 bedroom flats and 4 no 1 bedroom 1 person flats). Installation of four dormer windows and four rooflights. New front garden to Flat 1, [address] for flats 2 & 3 and new communal garden for flats 4, 5 & 6. Six car parking spaces to allow the following revisions to the approved plans; 2 x 1 bedroom flats, 4 x studio flats, amends to stairwell, enlargement of front and rear dormer windows to single larger dormer window at roof level, six rooflights, increase to ridge height of building, new communal garden area for flats 3, 4, 5, & 6. Reconfiguration of car parking spaces, fenestration and external alterations, changes to refuse provision) is varied by deleting condition 3.

Planning permission was originally granted for the demolition of the two storey annexe and single storey outbuilding and construction of a three storey building of flats1. A subsequent application gained approval for amendments to the approved scheme to which this appeal relates2. Both permissions include condition 3 as set out in the banner heading above relating to floodplain storage. The condition was imposed to ensure that floodplain compensation must maintain the characteristics of the floodplain before the current development. The full reason for the condition is outlined in the banner heading above though a new National Planning Policy Framework was published in December 2023 and paragraph 165 of the new document now applies.

It should be noted that a draft National Planning Policy Framework was published in July 2024. The proposed changes would not materially affect the main issue in this case, so the parties were not invited to make further comments. As the draft document is currently subject to consultation, it carries very little weight.

Subsequent to submitting the appeal, the appellant applied to the Council3 to discharge condition 3 on the amended scheme which is the subject of this appeal. This application was accompanied by hydraulic modelling for the [name] of the 1 in 100 year plus 17% climate change scenario which reflects current guidance on climate change allowances. Under this scenario, the site is no longer affected by such flood risk and thus the Environment Agency advised the Council that floodplain compensation is not currently required at this site. Consequently, the Council approved the discharge of condition 3 in March 2024.

Having regard to this change in circumstances since the appeal was submitted, the Council no longer considers that condition 3 would satisfy the tests for planning conditions set out in the National Planning Policy Framework. As such, 1 Application ref 21/01705/FULL1 2 Application ref 21/01705/RECON ‘the amended scheme’ 3 Application ref 21/01705/CONDIT it no longer wishes to contest the appeal and is content that this condition be removed.

In light of all that I have seen and read, I have no reason to dispute the conclusion that the Council has reached and concur with the parties that condition 3 is not necessary or reasonable. I have therefore allowed the appeal.

For the reasons given above, I conclude that the appeal should be allowed, and I shall vary the planning permission by deleting condition 3.