Agenda and minutes

To approve as a correct record the minutes of the previous meeting held on Wednesday 10^th October 2018.

The minutes of the previous meeting held on Wednesday 10^th  October 2018, copies of which had been circulated, were agreed as a correct record and signed by the Chairman, subject to a slight amendment to minute number 78 (planning application 17/03985/OUT**).

The last line of the minute, which read ‘And the lack of formal provision of employment uses to support less commuting’ would be changed to ‘And the lack of formal provision of employment does not support less commuting’.

An apology of absence was received from Councillor David Norris.

In accordance with the Council’s current Code of Conduct (as amended 26 February 2015), which includes all the provisions relating to Disclosable Pecuniary Interests (DPI), personal and prejudicial interests, Members are asked to declare any DPI and also any personal interests (and whether or not such personal interests are also “prejudicial”) in relation to any matter on the Agenda for this meeting. 

Members are reminded that they need to declare the fact that they are also a member of a County, Town or Parish Council as a Personal Interest.  Where you are also a member of Somerset County Council and/or a Town or Parish Council within South Somerset you must declare a prejudicial interest in any business on the agenda where there is a financial benefit or gain or advantage to Somerset County Council and/or a Town or Parish Council which would be at the cost or to the financial disadvantage of South Somerset District Council. 

Planning Applications Referred to the Regulation Committee

The following members of this Committee are also members of the Council’s Regulation Committee:

Councillors Tony Capozzoli, Nick Weeks and Colin Winder.

Where planning applications are referred by this Committee to the Regulation Committee for determination, Members of the Regulation Committee can participate and vote on these items at the Area Committee and at Regulation Committee.  In these cases the Council’s decision-making process is not complete until the application is determined by the Regulation Committee.  Members of the Regulation Committee retain an open mind and will not finalise their position until the Regulation Committee.  They will also consider the matter at Regulation Committee as Members of that Committee and not as representatives of the Area Committee.

Councillors Mike Lewis, Anna Groskop and William Wallace, members of SCC (Somerset County Council), would only declare an interest in any business on the agenda where there was a financial benefit, gain or advantage to SCC, which would be at the cost, or to the financial disadvantage of SSDC.

There were no other declarations of interest.

Members are asked to note that the next scheduled meeting of the committee will be at the Council Offices, Churchfield, Wincanton on Wednesday 12^th December at 9.00am.

Members noted that the date of the next meeting of the Committee would be at the Council Offices, Churchfields, Wincanton on Wednesday 12^th December 2018 at 9am.

There were no questions from members of the public.

The Chairman advised that the Christmas Lunch for members had been arranged. It was also pointed out by another member that members pay for their own Christmas Lunch.

Councillor Hayward Burt advised members that the Gigaclear rollout had been delayed again and would be two years late, which he found disappointing. Members discussed this and one member suggested that wireless broadband could be the way forward.

Councillor Hayward Burt also explained to members that he had noticed the excellent efforts across Area East to mark Remembrance Sunday. He also thanked the Area Development Team for making contact with Andrew Ardley of SW train concerning the train service issues he had raised at an earlier meeting. He welcomed their desire to work with local authorities to improve parking provision at the station.

Councillor Mike Beech advised that he was concerned that some planning applications were taking longer than normal to determine and expressed concern that these non-determined applications could be subject to appeal. Councillor Anna Groskop commented that the Town and Parish Councils had found it difficult to contact the planning team.

Councillor Tony Capozzoli advised members, that as Chairman of SSDC, he had attended two Remembrance Sunday services in Yeovil. 

There was a discussion about road salt/grit, which was available to Town and Parish Councils and whether there was a charge for this service. This would be raised again during agenda item number 9 (Highways Update Report).

The Environmental Services Manager presented his report to members.

He explained that the team had recently finished the summer work programme and that after an interesting year of extreme weather, the team had maintained a high standard.

He advised that after receiving some complaints about litter, the litter-picking programme had been moved forward to address the concerns. He further advised that all the main roads had been completed, with the exception of the A303; which due to safety, needed to be carried out in a different way.  However, he pointed out that there were plans to install rubbish bins in some of the laybys on the A303 to hopefully prevent the problem of litter occurring.

He explained to members that support would be given to Parish and Town Councils should they wish to volunteer for litter-picking. This support would include lending out equipment and support to enable the litter to be recycled.

He hoped that both weed control treatments would be completed by April and was pleased that the number of fly tips had reduced significantly.

He congratulated the Parish and Town Councils that had been involved with South West in Bloom and advised that the team had bulbs to donate to Parish and Town Councils.

He advised members that the Christmas Tree Recycling Scheme would run again this year, following the success over previous years. He added that all material would be recycled.

He explained that some of the vehicles used by the team will need to be replaced soon, and advised that he would be looking for the best environmental approach when considering the replacements, with the possibility of electric or hybrid vehicles being used.

In response to a members question, he advised that he would be happy to explain the new proposed new staff structure in detail at a later date.

Members discussed the possibility of electric vehicles in further detail, including proposals to install more electric car charging facilities in SSDC car parks in the future.

RESOLVED:  that members noted the report.

The Assistant Highway Service Manager presented his report to members.

He advised that the verge-cutting programme was completed at the end of September following some issues over contracts.  

He also explained that the road surface-dressing program had been mostly successful; however the hot weather had caused some problems. These problem sites would be looked at again. He also explained that 80% of the sites identified for surface dressing in 2018 were now complete.

He informed members that following a recent meeting, he understood that Town and Parish Councils would need to purchase road grit/salt and that this would not be provided for without a charge. He agreed to seek clarification over this as some members were advised that this would be provided to Town and Parish Councils for free.

During the discussion, members discussed the flooding at Stockwitch Cross and footpaths on Carrington Way in Wincanton.

The Assistant Highway Service Manager agreed to ensure that the relavent Ward Members were advised when road closures were agreed.

RESOLVED:  that members noted the report.

The Chairman advised that there would be a Local Government Boundary Commission report on the December agenda to cover the new ward arrangements between Area North and Area East Committee.  The Communities Lead added that a report about the Area East chapter of the Council Plan would also come to the December meeting.

A query was raised about making available information about CIL payments as they affect Area East communities.

Members requested that a Transport Update Report would be added to the Area East Committee Forward Plan. Members hoped that this report would be included on the January or February Agenda.

RESOLVED:  that members noted the Area East Committee Forward Plan.

Members noted the appeal decisions which had been received.

Members noted the Schedule of Planning Applications to be determined by Committee.

Application Proposal: The erection of 5 no. dwellings and formation of new vehicular access.

The Area Lead Planning Officer presented his report to members. He explained that the application was for 5 dwellings. Using a PowerPoint presentation, he provided images to the proposed plans as well as photographs of the site, to include photos of the access to the site. He also advised that the property on the opposite side of the road was a grade II listed building as well as the boundary wall, which fronted the road. 

He explained to members that the design and materials proposed were of a high standard and suggested that there would be no adverse impacts on residential amenity. He added that the proposed layout avoids overlooking issues.

A member of the PC addressed members. He advised that the residential development on the neighbouring green field site had been approved in 2012 as an exception. He explained that Babcary was categorised by having green space and that approval of this application would open the floodgates for development on other green field sites in the village. He also explained that the proposal did not meet the criteria for meeting policy SS2 and pointed out the only facilities in the village were a pub, a church and a playing field. He explained that there were no shops, jobs or transport facilities. He added that the new dwellings would not benefit young families in the village and did not support the Babcary housing need.

A local resident addressed the Committee and spoke in support of the application. He felt that the proposal was very suitable for the area, in terms of both quality and density. He suggested that the homes would attract families and welcomed bungalows as there were very few in the village. He added that the site currently looked untidy and incomplete.

The agent addressed the Committee. He advised members that Babcary had four key services and therefore met the requirements of Policy SS2.

He explained that he had support of the local residents as well as support from the Planning Officer and Conservation Officer. He also pointed out that the proposal provided a footpath into the site and bungalows; highlighting that there were currently no bungalows in the village. He added that local materials would be used in construction and that high quality builders would be used.

Councillor Henry Hobhouse (Ward Member) advised that in 2012, the developer of the land, promised that this land would be maintained for animal grazing only. He felt that this was not a bad proposal, but would have preferred the land retained as grazing land as promised. 

Councillor Nick Weeks (also Ward Member) felt that the proposal did not meet the requirements of Policy SS2 as the community, namely the Parish Council as the voice of the community, did not support the application.

The Area Lead Planning Officer advised members that he had not stated that the proposal met the requirements of Policy SS2. He explained that  ...  view the full minutes text for item 92.

Application Proposal: Change of use of ground floor from bank to restaurant (Use Class A3 food and drink) to include internal and external alterations (Revised application)

The Area Lead Planning Officer presented his report to members. He explained that the application was for the change of use of an existing bank to a restaurant. Using a PowerPoint presentation, he provided images to show the proposed plans and photographs to show building, pointed out that there was a two-storey maisonette above. He also provided images of the garden owned by the owners of the two-storey maisonette above and explained that the restaurant would be directly below.

He explained to members that there would be no adverse impact on the building, which was a listed building and explained that the proposal gave the building a viable use. However, he advised that there had been significant concern for the resident above. After consulting the Environmental Health Team, he confirmed that they were content that, subject to a number of conditions, the scheme would not cause any amenity issues to neighbours.

A member of the Castle Cary Town Council addressed members. She explained that the Town Council had concerns over the residential amenity for the resident of the property above. She explained that the resident had lived in the property above for 11 years and pointed out that this was a second application to change the use of the ground floor to a restaurant. She advised members that the proposal includes a pizza oven, which would be situation directly below the above residents bedroom. She explained that pizza ovens reach extremely high temperatures and felt that this would represent a fire risk. She also questioned whether the condition to ensure that all door and windows would be complied with during the summer months.  She added that there was another restaurant close by with a pizza oven and felt that this was not needed.

Local residents addressed the Committee to speak in objection to the application. Their comments included;

·         There had been a number of objections to the application, including one from the Town Council.

·         The area was not a commercial area and was surrounded by residential properties.

·         There were already noise and smell issues in the area which would be made worse by this proposal.

·         Retail or office use would be more appropriate for the area.

·         The amenity of the resident above should be protected.

·         Should correct noise testing be carried out, the proposal would fail.

·         It is unrealistic to think that doors and windows would remain closed during the summer months. This condition highlights that the two uses, residential and restaurant, are incompatible in this building.

·         The pizza over below will affect the ability of the owner above to enjoy her home peacefully.

·         The building is not appropriate for this use.

·         The road is narrow and does not provide easy access for emergency service vehicles. There is an inadequate amount of car parking available.

·         There is no disabled access to the  ...  view the full minutes text for item 93.

Application Proposal: Internal and external refurbishment works (Revised   Application)

The Area Lead Planning Officer suggested that following the deferral of the previous application, 18/02664/FUL, this application should also be deferred for the same reason.

Following the short discussion, it was proposed and seconded that the planning application should be deferred to allow time to further investigate measures to protect the residential amenity of the occupier of the property above.

On being put to the vote, this was carried unanimously.

RESOLVED:  that planning application 18/02668/LBC be deferred to allow further negotiations with the applicant on all aspects of amenity relating to the residential occupation of the first floor flat, including odour, noise, the need for restaurant flues and their location and appearance.

(voting: unanimous)

Application Proposal: Alterations and the erection of extensions to dwellinghouse

The Planning Officer introduced the report and explained that the applicant was related to a member of the Council's staff that has a direct involvement in the planning process and therefore for transparency, the application should be determined by Area East Committee.  He confirmed the application was for alterations and extensions to the existing dwelling house and the recommendation was to approve the application.

The Ward Member, Councillor Mike Lewis, noted that two nearby properties had already had significant extensions and the current application was also appropriate.  He proposed that the application be approved.  This proposal was seconded.

There was no debate and Members unanimously approved the application subject to the conditions listed in the officer’s report. 

RESOLVED:  That planning application 18/02880/FUL be APPROVED for the following reason:

01.       The proposed development, due to its design, scale and materials, is not considered to result in any demonstrable harm to visual or residential amenity, nor would there be any reduction in on-site parking provision, and therefore accords with the aims and objectives of Policies EQ2 (General Development) and TA6 (Parking Standards) of the South Somerset Local Plan (2006-2028) and the principles of the National Planning Policy Framework (2018).

SUBJECT TO THE FOLLOWING:

01.         The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To accord with the provisions of section 91(1) of the Town and Country Planning Act 1990.

02.         The materials to be used in the construction of the external surfaces of the development hereby permitted shall match those used in the existing building. 

Reason: In the interests of visual amenity and to comply with Policy EQ2 (General Development) of the South Somerset Local Plan (2006-2028) and the provisions of Chapter 12 of the National Planning Policy Framework

03.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any revoking and re-enacting that Order with or without modification), no additional windows or other openings (including doors) other than that proposed (drawing number 02B) shall be formed in the first floor flank (north west and south east) elevations or roofslopes of the building without the prior express grant of planning permission.

Reason:  In the interests of residential amenity and to accord with Policy EQ2 of the South Somerset Local Plan (2006-2028).

04.       The proposed first floor north west facing window to serve the ensuite shall be fitted with obscure glazing and permanently retained and maintained as such.

Reason:  In the interests of residential amenity and to accord with Policy EQ2 of the South Somerset Local Plan (2006-2028).