A government inspector has slapped down the strategic planning committee at Cheshire West and Chester Council by overturning its decision to allow 142 new homes in a flood plain.

Planning inspector Richard Clegg last year heard evidence for and against Jersey-based Bark Street Investments’ housing plans at Clifton Drive playing fields, off Sealand Road , which were narrowly backed by the council's strategic planning committee despite planning officer fears about flood risk.

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But this week Mr Clegg decided that although the site was a sustainable location and mitigation measures aimed countering the loss of pitches carried ‘moderate weight’, it was the flooding issue that weighed most heavily on his mind.

A map produced by data analyst John Murray showing areas that have historically flooded in the area of Clifton Drive.

He concluded there were more suitable areas less prone to flood risk that should be built on before flood zone land was considered.

Mr Clegg wrote: “Notwithstanding that flood mitigation measures could be secured by conditions, the site is in flood zone three, and there is the prospect that a site to accommodate a similar number of dwellings is available in flood zone one. The proposal does not, therefore, pass the sequential test, and accordingly I do not consider that it represents a sustainable form of development.”

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Andy Scargill, chairman of the Friends of North Chester Greenbelt , who spoke at the planning appeal, said today: “This is a common sense decision on land potentially subject to flooding and which hopefully will see people playing sport on it once again soon. It was always a speculative bid by an offshore developer to make a profit out of land he’d bought cheaply.”

Andy Scargill, chairman of the Friends of North Chester Greenbelt, spoke at an appeal inquiry against Bark Street Investments' housing scheme.

Questions were raised previously, including by Labour's Chester MP Chris Matheson and ward councillor Reggie Jones , when the then-Tory-controlled strategic planning committee approved Bark Street Investments’ housing scheme in a high-risk flood zone while simultaneously backing a multi-million pound flood defence scheme in Northwich.

Related story: Chester MP writes to David Cameron over city flooding fears

Cllr Jones said at the time: “It beggars belief that while the entire committee rightly backed a £4.6m flood defence scheme to protect Northwich town centre, every Tory on the committee decided to ignore all risks to life and property here in Chester by using their majority to push through a housing scheme in a high risk flood plain.”

Chester MP Chris Matheson, former Cllr Carolyn Graham and Andy Scargill (Friends of North Chester Greenbelt) with residents who were upset when the council gave consent to build houses on the Clifton Drive playing fields.

And Cllr Jones was unhappy with the university leaseholders who were due to profit from the deal which led to the fields being unavailable to local football and rugby teams.

He added: “To make matters worse, the scheme means concreting over playing fields that will be gone forever, just to provide a bumper pay day for not only the developer but its University of Chester partner, which does the university no credit whatsoever.”

Commenting on the decision, a spokesman for the University of Chester said: “The university will consider the details of the secretary of state’s decision and will then determine its position.”

Colin Griffiths, the agent for the developer, said: “We are disappointed with the result, this will do nothing to improve access to good quality sports facilities, we will consider the points raised by the inspector and secretary of state.”

The outcome will be of interest to other developers Bloor Homes and Sealand Commercial Properties Limited who have submitted plans to build up to 130 homes on the other side of Clifton Drive, also in the flood plain, as well as demolishing four properties in Sealand Road to provide access on to the site.