| No. | Condition Text |
|---|
| 1. | Paragraph 160 of the National Planning Policy Framework outlines the exemption test which states that a site-specific flood risk assessment should demonstrate that the development will be safe for its lifetime taking account of the vulnerability of its users, without increasing flood risk elsewhere, and, where possible, will reduce flood risk overall. The application is located within Flood Zone 3 and the Flood Risk Assessment does not demonstrate that the site will be safe for its lifetime. In addition to this, the provided mitigation measures are not sufficient; as such, the proposal would provide an unacceptable risk to the health and safety of the occupants. Furthermore, the proposed first floor level is below the extreme 0.1% (1 in 1000 year with climate change) flood level and consequently there would not be any higher level refuge provided in an extreme flooding event, leading to an unacceptable risk to the health and safety of the occupants in an extreme flood event. Therefore, the proposal fails the exemption test and does not comply with Core Policy CS13 nor with paragraph 161 of the National Planning Policy Framework. |
| 2. | The application site is located within the 400 m to 2.5 km Indicative Habitat Impact Zone although there has not been a Habitat Regulations Assessment or HMMS payment provided as part of this application. As such, it has not been demonstrated that the proposal will not adversely affect the integrity of the designated sites within the Borough and the Local Planning Authority cannot be certain that the appropriate mitigation and monitoring can be secured. Therefore, the proposal does not comply with Core Policy CS11 from the adopted Core Strategy and paragraph 177 from the National Planning Policy Framework. |
| 3. | STATEMENT OF POSITIVE ENGAGEMENT (REFUSALS): In accordance with the NPPF, in determining this application for planning permission, the Borough Council has approached it in a positive and proactive way and where possible has sought solutions to problems to achieve the aim of approving sustainable development. Unfortunately, despite this, in this particular case the development is not considered to represent sustainable or an acceptable form of development and has been refused for the reasons set out above. |
