Securing Outline Permission for 26 Apartments in Swale: ET Planning’s Expertise in Sequential Testing Proves Critical
ET Planning is pleased to announce the positive progress of a key development project in Swale, where we supported the outline planning application (Ref: 24/500438/OUT) for the provision of 26 new apartments. This milestone marks a significant step forward in bringing much-needed housing to the area and highlights our expert approach to planning challenges, particularly in relation to flood risk and site selection policy.
Navigating Policy with a Targeted Sequential Test
A central issue in this application was demonstrating compliance with national and local flood risk policies. The proposed site lies within Flood Zone 1; however, a sequential test was required due to the surface water risk associated with the site.
ET Planning prepared and submitted a comprehensive sequential test on behalf of the applicant. Our analysis rigorously assessed alternative sites in the borough against key criteria, including location, availability, deliverability, and capacity. Alongside the completion of such test, ET Planning participated in multiple meetings and email correspondence to justify the methodology of the test and the findings.
Swale Borough Council’s Positive Response
Swale Borough Council reviewed the sequential test and responded favourably, this endorsement was critical in overcoming the final outstanding refusal reason and led to the approval of the application.
The council’s support confirms that the sequential test met the required standards and provided a sound basis for planning judgment. This outcome not only enabled the progression of the current application but also sets a precedent for future schemes requiring nuanced analysis in areas with sensitive planning constraints.
The submitted sequential test was passed, with Swale Council agreeing that the test was acceptable.
Sequential Test Policy Update
Currently it is clear that national and local policy regarding Sequential Tests is vague and ambiguous; it is extremely difficult to pass a Sequential Test within the current policy climate.
Paragraph 175 of the NPPF was recently updated with the following paragraph:
‘The sequential test should be used in areas known to be at risk now or in the future from any form of flooding, except in situations where a site-specific flood risk assessment demonstrates that no built development within the site boundary, including access or escape routes, land raising or other potentially vulnerable elements, would be located on an area that Flood Riskwould be at risk of flooding from any source, now and in the future (having regard to potential changes in flood risk).’
As can be seen within the paragraph above, the NPPF is clear when it states if no built development, access, land raising, or vulnerable elements would be located within areas at risk of flooding from any source, then a test is not required. The policy would say is if the policy was alluding to existing development/access. The clear use of would evidences that the test is only triggered by proposed built form/access/land raising. No further guidance within the NPPG disputes this conclusion.
This update is a huge step forward within Policy, which ensures that if the proposed built form, access, and vulnerable elements are located outside of the area at risk of flooding, a sequential test may not be required.
Albeit not relevant to application 24/500438/OUT, as a sequential test was required in this instance with a positive report being provided; ET Planning have also evidenced that sequential tests are not required in accordance with the above NPPF update.
If you require assistance with providing a suitable Sequential Test, or evidencing that a test is not required at all within a planning letter, please do contact ET Planning and we would be happy to assist.
Get in touch today to discover how we can support you, contact our team on 01344 508048 or email office@etplanning.co.uk and we would be delighted to assist you.
