Newark and Sherwood District Council loses Flowserve appeal and developer contributions

A developer has won an appeal against a council decision to refuse outline permission for 322 homes on the Flowserve site at Balderton.

The appeal was lodged by developer C. B. Collier NK Ltd.

Not only did Newark and Sherwood District Council lose the appeal, it has also lost out on the developer contributions it asked for ­— around £1m ­— for infrastructure, health, community facility, open space, and library. There will also be no affordable housing.

In his ruling, the planning inspector said the land had been earmarked for housing by the council.

Flood alleviation and works to pave the way for development had started at a cost of £2.15m but stopped when the council refused the application. The outstanding works would cost around £1.7m.

“There is no dispute the appeal scheme would be unviable if affordable housing and infrastructure contributions were to be provided,” the inspector said.

“On that basis alone, the council’s stance in relation to the appeal scheme is difficult to comprehend.

“The main argument offered by the council is that it has never approved a strategic-scale development where no planning obligations were offered.

“With respect, that argument is entirely misplaced. In my view, it is unarguable that the interests of those seeking to own a home, would be better served by the delivery of up to 322 houses as opposed to no houses on a site which the parties readily agree is acceptable in all other respects.

“Allowing the site to remain vacant, perhaps for decades, rather than providing homes would be a retrograde step in the context of a national housing crisis.”

Flowserve Sports and Social Club did not form a part of the application but the gates are locked after an agreement over the lease could not be reached with the landowner.

Francis Towndrow, chairman of the Newark Sports’ Association, said: “According to the council, the proposal fails to make adequate provision for amenity open space, children’s play areas and sports facilities and therefore would exacerbate the existing deficiency of outdoor sports facilities.

“For the open space contributions, the council argued for money to repair and maintain existing facilities rather than create new open space. The council could have identified additional provision, such as an area of new green space or perhaps for re-stabilising outdoor sports provision at The Stadium on Elm Avenue or at the Lilley and Stone, but they have chosen not to.

“Given the importance of the Flowserve Sports and Social Club to the community and the under provision of open sports facilities across the Newark area, the findings of the planning inspector will no doubt dismay some, and rightly disappoint many others.

“The community might now hope the council endeavours to ensure, the reopening of the facilities at Flowserve Sports and Social Club or that they replace an area locally, as an outdoor sports facility, equivalent in size and quality.’’

The district council has been approached for comment.