East Lindsey District Council’s Planning Committee has formally withdrawn its reasons for refusing a housing development off Mareham Road in Horncastle.
ELDC initially refused the application because of flooding fears.
However, the council now says the applicants (Mrs A J Clark Settlement Trustees) and the Internal Drainage Board have provided further information that address the concerns.
As a result, the council says it is unable to support its earlier decision to refuse the application.
This means the grounds ELDC was intending to defend at an appeal are no longer valid and can’t be robustly defended.
The appeal - due to start in January - will still go ahead.
Members of the public can still attend and it will be overseen by a Government planning inspector.
ELDC will also attend to deal with any conditions and planning obligations - should the Inspector approve the application.
Planning Committee Chairman, Councillor Neil Cooper, said: “After the appeal was lodged, the applicant decided to provide the council with further information to try to deal with the issues raised in the reason for refusal.
“The Council was duty bound to consider this additional information.
“The refusal related to drainage and maintenance responsibilities and the Planning Committee felt the applicant hadn’t adequately demonstrated that the SUD’s scheme proposed for the site was deliverable when it first considered the Application.
“Since that time, the committee has received and scrutinised the new reports from the applicant.
“The Internal Drainage Board supports the summary and findings in the applicant’s reports that there is an unencumbered right to drain from the site through to Thunker Drain via pipework and ditches; and the maintenance responsibilities fall upon the riparian owners whether it relates to a ditch or culvert, and should anyone default then the Lead Local Flood Authority or Internal Drainage Board will step in to enforce the requirements.
“As a result of this change in position, the issues forming the basis of the reason for refusal have therefore been addressed, meaning the council is no longer in a position to defend its decision to refuse the application at Appeal on those grounds.
“This does not undermine the ability for residents to attend the appeal and have their say.”