Brackenway – Request for Call in by Secretary of State

9th  February 2023

By email to

Dear Sir/Madam


AUTHORITY: Sefton Metropolitan Borough Council

APPLICANT: (Agent) Ms Rachel  Jones

LOCATION OF SITE: Land North Of Brackenway Formby



Formby Parish Council request that the above planning application be called-in for determination by the Secretary of State, as it fails to provide sufficient information at this reserved matters stage to determine whether the proposed layout and landscaping can be achieved, as it is according to the Parish Council’s planning consultants AECOM contrary to the applicant’s flood risk strategy and based on an out dated Flood Risk Assessment.  The application to discharge Drainage and Landscape related conditions is premature and these elements of the scheme may be materially impacted by the as yet unseen Flood Management Strategy for the site.

Briefing Note

The Parish Council’s position is set out in the briefing note attached to this email, this was provided by Town Planner, Ishaq Khan MRTPI, and Water Consultant, Ruth Goodall C.WEM Cenv From Planning Consultancy AECOM.

Although the details of the final drainage strategy will form part of another application it is the assertion of Ms Goodall that the landscaping and layout may be materially impacted by the Flood Management Strategy for the site.  She then lists examples of co-dependency of  the Flood management Strategy on matters determined at the 8th of February Planning Committee (p7 Briefing note).

Amongst the Concerns set out by Ms Goodall were that;

  • the proposed design of the access road was contrary to the applicant’s Flood Risk Strategy.
  • Without a more detailed Flood Management Strategy the amount of useable public open space could not be assured.
  • Planting and landscaping forming the interface with the site and the surrounding environment could not be assured as they were in conflict with the applicant’s May 2021 Flood Risk Strategy which is currently the ‘latest’ document.
  • Ms Goodall also comments on the Outline Drainage Layout provided in relation to the discharge of Condition 15. Saying that “The drawings include the comment “SW Drainage strategy preliminary subject to acceptance by Lead Local Flood Authority and the Environment Agency of Discharge Rates and Outfall Information”. It has to be questioned why these rates and outfall locations have not been agreed, at least in principal as they fundamentally impact the volume and layout of the SuDS features and outfalls and would be expected to be accommodated in the landscape plans.
  • Ms Goodall also concludes that the “Flood risk mitigation strategy does not significantly reduce surface water flood risk to properties on Hawksworth Drive”.This condition has to be met in order to satisfy Sefton Local Plan Policy MN6 Land at Brackenway 1)a)iii) Development of this site must include a flood mitigation scheme that significantly reduces the existing surface water flood risk to properties on Hawksworth Drive by directing flows away from Eight Acre Brook to new storage areas adjacent to Formby Bypass.

In essence the drainage strategy is unclear, insufficiently detailed, is in conflict with Flood Management Strategy and the May 2021 ‘latest’ Flood Risk Assessment and in its current form does not comply with Policy MN6 of Sefton’s Local Plan. Furthermore the missing detail and as yet unresolved issues are likely to materially impact the layout and landscaping of the Development.

Late Representations

Further to the concerns raised by the Parish Council, the Environment Agency and Ministry of Defence also raised concerns about the Landscaping and Layout with the MOD having requested a revised soft landscaping scheme and also raised potential dangers of the wetland areas proposed, as the development is within a “bird strike safeguarding zone surrounding RAF Woodvale”.

The Environment Agency raised concerns about the landscaping proposals adjacent to Wham Dyke and Eight Acre Drain within the 8m buffer zone.  Eight Acre Drain marks the interface between existing properties and adjacent new development.  The new dwellings are to be constructed on significantly raised ground and the landscaping along Eight Acre Drain serves to screen the existing properties from the new dwellings. A change to the proposals approved at planning committee on the 8th of February will be required to satisfy the concerns of the Environment Agency.


Significant aspects of the proposed Landscaping and Layout were already redundant when they were approved by Planning Committee at the 8th of February meeting. This has already and may continue to materially alter the current design of the site.  This is as a result of the co-dependancy between the conditions discharged and the yet to be resolved Flood Management Strategy.  For this reason we would request that this application and be called-in for determination by the Secretary of State, on the grounds of prematurity.

Please find attached the supporting Documents

  • DC202200938 – Land North Of Brackenway Formby (1).pdf (officers Report)
  • Planning Briefing Note for Land North of Brackenway, Formby.pdf
  • Supplement Late Representations 08022023 1830 Planning Committee

Yours sincerely

Claire Jenkins BA hons

Parish Clerk