Agenda item

To provide members with an overview of the implications of water infrastructure issues on planning decisions (report of the Assistant Director – Planning and Strategic Infrastructure enclosed).

Consideration was given to the report of the Assistant Director – Planning and Strategic Infrastructure which provided members with an overview of the implications of water infrastructure issues on planning decisions.

The Executive Programme Manager presented the report, explaining that members had previously received an update from Anglian Water at the Panel’s December meeting and had requested further clarification regarding the implications of the company’s current approach to planning application consultations.

It was noted that Anglian Water were not a statutory consultee and that developers retained an automatic right to connect to the foul sewer network under the Water Industry Act. Officers advised that Anglian Water had recently adopted a more cautious interpretation of their role by emphasising network capacity issues as a material planning consideration.

Members were informed that Anglian Water had been applying a standardised condition seeking to restrict the occupation of new developments until sufficient sewer capacity was available. Officers explained that this approach was problematic as it created uncertainty for developers and risked developments being built but unable to be occupied. Officers advised that any such condition must be supported by robust, site?specific evidence, and that planning decisions must be made in the round, balancing all relevant considerations.

Officers further outlined that a twin?pronged approach was being recommended. For allocated sites within the adopted Local Plan, Anglian Water’s objections could carry little weight as they had failed to raise concerns during the statutory plan?making process. In contrast, for non?allocated or windfall sites, officers would require Anglian Water to provide detailed, time?bound evidence of capacity issues before any objection or condition could be considered reasonable.

It was emphasised that the briefing note sought to clarify the planning authority’s position and set out an evidence?based framework for responding to Anglian Water’s comments. Members were advised that the contents of the briefing note would be referred to the Planning Committee for further consideration due to the direct implications for decision?making processes.

Members considered the report and made the following comments:

·         Members raised concerns that Anglian Water’s current approach could adversely affect the authority’s ability to meet government housing delivery expectations.

o   The Executive Programme Manager responded that the district was presently ahead of its five?year housing supply requirement, but acknowledged that if Anglian Water’s restrictive stance continued, future delivery rates could be affected. Officers confirmed that the matter would be referred to Planning Committee for further consideration, including clarification on any potential government penalties.

·         Members asked for further explanation regarding unallocated sites where Anglian Water had raised objections and queried whether private package treatment plants could serve as alternatives.

o   The Executive Programme Manager explained that private treatment plants did not always require Environment Agency consent, particularly where discharge was contained within a drainage field. However, they confirmed that support from both Anglian Water and the Environment Agency would be required, and that this could affect decision?making timeframes.

·         Members queried whether additional work arising from Anglian Water’s objections would impact decision?making times.

o   The Executive Programme Manager advised that while timetable pressure existed, the local planning authority was required to balance all material considerations. They highlighted that Anglian Water must provide site?specific evidence of insufficient sewer capacity and that without such evidence, little weight could be given to their position.

·         Members asked whether Anglian Water would support the Council at appeal if a refusal was issued on the basis of their evidence.

o   The Executive Programme Manager confirmed that Anglian Water had stated they would attend and defend an appeal, but noted that this was often difficult in practice. Officers emphasised that if Anglian Water could not evidence capacity issues robustly, the Council risked potential costs being awarded against it.

·         Members questioned the relationship between Anglian Water’s identified treatment plant capacity issues and the district’s land supply.

o   The Executive Programme Manager agreed that correlation was needed and confirmed that Anglian Water would be asked to provide updated capacity information.

·         The Portfolio Holder for Assets and Strategic Planning raised the issue of  long?term investment by Anglian Water, expressing concern that treatment works in some settlements, such as Crowland, were not scheduled for upgrades before 2040.  He also stated that Anglian Water had historically under-invested and that updated information on planned investment and timelines was required.

·         Members sought reassurance that the twin?pronged approach proposed by officers—treating allocated and non?allocated sites differently—would ensure fair and evidenced?based decision making.

o   The Executive Programme Manager restated that objections on allocated sites carried no weight due to the statutory nature of the local plan. For non?allocated sites, Anglian Water must supply site?specific, time?bound capacity evidence for any objection or condition to be considered valid.

Following the discussion, members requested that a further report be presented to the Panel once the Planning Committee had considered the matter, detailing:

·         The Planning Committee’s and the Authority’s response;

·         More detailed information on the Authority’s 5-year housing supply requirement.

The Panel also requested that, in light of historic under investment, information be sought by officers on Anglian Water’s future investment plans (planned investment and timelines).

AGREED:

1)    That the contents of the report be noted; and

2)    That the report be presented to members at Planning Committee in order to assist with their decision-making in relation to applications for planning permission.

3)    That following consideration at Planning Committee, a further report be presented to the Performance Monitoring Panel detailing:

o   The Planning Committee’s and the Authority’s response; and

o   More detailed information on the Authority’s 5-year housing supply requirement.