Agenda and minutes

To approve as a correct record the minutes of the previous meeting held on 14^th October 2015.

The minutes of the meeting held on 14^th October 2015, copies of which had been circulated, were agreed and signed by the Chairman, subject to three minor text amendments to Minute 101: 15/02347/OUT – Land OS 1445 part Torbay Road, Castle Cary and the following amendments to the recommendation of approval (in bold text):

Justification: The erection of 165 dwellings with 2 hectares of employment land would provide employment opportunities.

Condition 14.   Numbering error – no condition 14.

Condition 22.   The reserved matters application to include a safeguarded route from Station Road direct to the proposed employment area.

and the following addition to Minute 102: 15/02388/OUT – Land at Station Road, Castle Cary: additional condition 16 of approval to read: Layout should safeguard ability to create suitable access arrangements for adjoining safeguarded route.

It was noted that these amendments were agreed in consultation with the Area Lead Planning Officer. 

An apology of absence was received from Councillor Nick Colbert.

A last minute apology of absence was received from John Nicholson, Assistant Highway Service Manager, Somerset County Council.

In accordance with the Council’s current Code of Conduct (adopted July 2012), 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.  A DPI is defined in The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2112 (SI 2012 No. 1464) and Appendix 3 of the Council’s Code of Conduct.  A personal interest is defined in paragraph 2.8 of the Code and a prejudicial interest is defined in paragraph 2.9. 

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.  As a result of the change made to the Code of Conduct by this Council at its meeting on 15^th May 2014, 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.  If you have a prejudicial interest you must comply with paragraphs  2.9(b) and 2.9(c) of the Code.

In the interests of complete transparency, Members of the County Council, who are not also members of this committee, are encouraged to declare any interests they may have in any matters being discussed even though they may not be under any obligation to do so under any relevant code of conduct.

Planning Applications Referred to the Regulation Committee

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

Councillors Sarah Dyke-Bracher, Tony Capozzoli and Nick Weeks.

Where planning applications are referred by this Committee to the Regulation Committee for determination, in accordance with the Council’s Code of Practice on Planning, 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.

Councillor Sarah Dyke-Bracher declared a personal interest in Agenda item - 16 15/03373/FUL: Land West of Tinkers Lane, Southeast of B3081, Cucklington, Wincanton as she is both the chair of Cucklington Parish Council and as a resident of Cucklington.

a)     Questions/comments from members of the public

b)     Questions/comments from representatives of parish/town councils

This is a chance for members of the public and representatives of Parish/Town Councils to participate in the meeting by asking questions, making comments and raising matters of concern.  Parish/Town Council representatives may also wish to use this opportunity to ask for the District Council’s support on any matter of particular concern to their Parish/Town. The public and representatives of Parish/Town Councils will be invited to speak on any planning related questions later in the agenda, before the planning applications are considered.

Lilian Elson, a representative of Holton Heritage Trust addressed the committee. She raised concerns over road works to the Gibbet Road / A371 junction which were promised to commence this year. She pointed out that this work had not yet started and wanted an update on the progress of these works.

She commented that she was pleased with the 30mph road signs which had been installed on the old A303 and also praised highly the staff at the Community Office as she believes that they provide an outstanding service.

Councillor Colin Winder reported that he had been contacted by local residents and Wincanton Town Council over the works which were being undertaken at The Dolphin Hotel, Wincanton without the required permission. The Conservation Manager confirmed that listed building consent would have been required for the works which have commenced, but was unsure whether a retrospective application had been received by the Council.

In response, Councillor Colin Winder advised that he would like to see more preventative measures in place to ensure that unauthorised works to listed building do not take place and that in this case he was upset that permission had not been sought for various works to the site.

Councillor Tony Capozzoli reported that he was disappointed that a representative from Somerset County Council Highways department was unable to attend the meeting. He mentioned that following flooding in Bridgehampton the clear up of contaminated soil had been delayed. He would like to see SCC Highways and Yeovilton Parish Council assist in encouraging getting this cleared up and he also reported to the Committee that there was a blocked drain on the highway between Bridgehampton and Queen Camel. 

Councillor Sarah Dyke-Bracher wanted to pass on her thanks to the team of rangers that tidied areas of Milborne Port in preparation for the Remembrance Service which was held in the village.

The Chairman and Vice Chairman reported that they had attended the Parrett Internal Drainage Board meeting and that the drainage board would assist in encouraging reports to arrive quicker.

Councillor Tim Inglefield reported that he had attended a Henstridge Airfield Committee meeting and thought that the number of complaints that the airfield had received had been underestimated.

No reports have been referred to the Regulation Committee.

It was noted that there had been no recent meetings of the Regulation Committee.

The Chairman advised that the Area East Annual Town and Parish Council Meeting had been arranged for the evening of 26^th January 2016. He welcomed any suggestions for involvement and expressed his encouragement for Parish Councils’ to attend to join the discussion.

The Chairman announced that the use of wi-fi internet access was now available for Councillor and public use in the meeting room and requested that the guest access code be readily available at future meetings.

A two minutes silence was held at 11am as a mark of respect for Remembrance Day.

The Conservation Manager, with the aid of photographs and a power point presentation introduced his report to Members. He advised that his report consisted of two parts. The first part explained the functions and aims of the Conservation Team to provide specialist advice, in particular to the Planning Department but also to others including members of the public and Parish/Town Councils and how the team provides specialist advice on the impact of development proposals on landscape and ecology, historic buildings and trees. The second was to explain the Council’s duty to designate and review Conservation Areas.

The Conservation Manager explained that there were some Conservation Areas which had been in place since the 1980’s that needed reviewing, however this would be difficult for all Conservation Areas unless specific resources are allocated. He mentioned the programme to review the larger market towns and villages including Milborne Port and pointed out that Conservation Area appraisals should be carried out.

The Conservation Manager responded to members’ questions on points of detail regarding specific cases.

Councillor David Norris expressed his thanks to the Conservation Manager and his team for their involvement with the Charlton Adam Conservation Area appraisal.

Members’ agreed that committee had set aside funds and that processes were in place to supplement the programme of Conservation Area appraisals.

Councillor David Norris discussed the need for an additional conservation officer and was aware that consultants had previously been used through funds provided by Committee. The Conservation Manager offered a preference for using staff members to gain this valuable knowledge.

The report was noted by Members.

The Area East Development Manager provided members with an update on the progress of projects taking place in Area East to include a loss guarantee for Wincanton Carnival and grant to Sparkford Pavilion to improve kitchen facilities following an adverse report from Environmental Health.

She confirmed that grant applications would be considered at Committee next month. She informed the committee that good progress was being made on a number of neighbourhood plans and a report on the Queen Camel Neighbourhood Plan would be bought to Committee in the New Year.

Good progress is now being made on the Limington to Yeovil multi-user footpath. She updated members that the Bruton Riverside Walk project had been completed and that following an increase in staff in the Economic Development team, that there was more scope to develop priority economic infrastructure projects.

The Area East Development Manager responded to questions from the Committee.

Councillor Tony Capozzoli expressed his appreciation to officers involved with the Ilchester to Yeovilton cycle path project and hoped to see more cycle paths created. The Chairman also offered his thanks to their support to the community. 

Members noted the report.

An apology of absence was received from the Assistant Highway Service Manager.

It was agreed that the report would be discussed at the next Committee meeting.

The Community Office Support Manager addressed the committee to summarise her report and detail recent survey results. She explained to members that although there was a reduction in footfall/enquiry figures across all of the community offices, the enquiries received were more complex and time consuming.

The members noted the report and the update given and thanked the Community Office Support Manager and the Community Teams.

The Area Development Manager (East) advised that she hoped a report from SCC Highways Department would be presented to the Committee in December. She informed the Committee that the report updating the Provision of Medical Care in Area East and an update of the Citizens Advice South Somerset may be delayed until January.

Members noted the planning appeal decisions which had been made on Land at Camp Road, Dimmer Lane, Castle Cary and Land to the rear of Wincanton Hospital, Dancing Lane, Wincanton.

Members noted that the date of the next meeting would be Wednesday 9^th December at 9.00am at Churchfield Offices, Wincanton.

Members noted the Schedule of Planning Applications.

The erection of solar photovoltaic panels and associated works and infrastructure, including switchgear, inverter stations, access tracks, security fencing, security cameras, grid connection, together with temporary construction access, compound and unloading area

The Planning Officer presented the application as detailed in the agenda and with the aid of a power point presentation showing the site and proposed plans.  He updated members that an additional letter of support had been received from a local resident which offered support for renewable energy. An additional consultation response had been received from Somerset Archaeology suggesting that if members were minded to approve the application, that they would like to see a condition included to ensure that archaeology works were undertaken on site as detailed in the written scheme of investigation.

The Planning Officer told members that the original scheme had now been amended to reduce the area covered by the solar array.

His recommendation was therefore to approve the application as detailed in the agenda report, subject to an additional condition to ensure the written scheme of investigation was implemented.

The Committee were then addressed by Mr C Dunford on behalf of Cucklington Parish, Cllr P Williams of North Dorset DC, Mr S Firbank of Bourton Parish Council, Mr P Munro, Mr L Fraser of Save the Vale, Mr B Trueman and Mrs PJ Trueman as residents of Cucklington, and Miss L Elson who all spoke in opposition to the application.  Their comments included:-

·         The village of Cucklington was renowned for its views from the surrounding hills and the proposed solar panels would impact upon this and tourism in the area. 

·         There were already two solar panel farms nearby and there would be less than 2km between the Silton solar array and the Clapton Farm array.

·         Bourton PC were not consulted on the application which contravenes the Bourton Village design statement.  The applicant amended the scheme but it is now more visible to residents of Bourton.

·         Were the Royal Airforce consulted as the area was used for low level flights?

·         The lane which would be used to access the site was within Dorset and there was no record of Dorset County Highways being consulted on the traffic management plan. 

·         Local residents in the surrounding villages, the local MP, the CPRE and the Save the Vale were all opposed to the proposal.  The only people in favour were those who would profit by it. 

·         This was very good farming land and already two thirds of the UK’s food was imported creating more food miles and emissions.

The Committee were then addressed by Mr M Harding-Rolls of British Solar Renewables, the applicants.  He said the solar array would provide electricity sufficient to power 1,628 homes per year.  The application was particularly mindful of the tenant farmer and the agricultural land would not be lost as sheep could graze within the site and cattle grazing could take place around the site.  He said additional planting and raised hedgerows would provide a discreet site, which had been reduced  ...  view the full minutes text for item 120.

Section 73 application to amend condition 2 of planning approval 11/00411/FUL dated 11.03.2013 to revise house types and remove condition 09 to allow construction traffic to access site from Frome Road

The Planning Officer introduced the report as detailed in the agenda with the assistance of a power point presentation.

The Committee were addressed by Mr D Bishop representing the Cuckoo Hill Residents Association who spoke in support of the application to allow construction traffic to use an alternative site entrance. He raised problems within the existing development such as parking, volume of traffic and large vehicles. He hoped that these problems would ease should this application be approved.

Following a short discussion, it was proposed and subsequently seconded to approve the planning application as per the officer’s recommendation.

On being put to the vote this was carried unanimously.

RESOLVED:

That application 15/02991/S73 be approved as per the officers recommendation.

Justification

The variation of conditions 2 and 9 would have no adverse impact on highways safety or visual amenity.  As such the proposal complies with policies SD1, TA5 and EQ2 of the South Somerset Local Plan 2006-2028.  Overall the provision of 9 units of much needed housing would contribute towards the district wide need for additional homes.  The proposal is of an acceptable form, design and layout that would have no negative impact on amenity, highways safety or the character of the locality.  As such the proposal complies with the policies of the South Somerset Local Plan 2006-2028.

SUBJECT TO THE FOLLOWING:

1.         The development hereby permitted shall be begun within three years of the approval of the original permission reference11/00411/FUL, dated 11/03/13.

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

2.         The development hereby permitted shall not be carried out otherwise than in complete accordance with the following plans:-

            BT-LP-001A; BT-EF-001D; BT-PL-002D; BT-SS-001B;BT-LL-001D; G-P/BRU-01A; BT –D-T/01A; BT-G-P/BER-01D; BT-G-P/BUC-01A; BT-BRN/01A; BT-BUN/01A; and BT-G-P/GAR-01B

Reason: To clarify the development hereby approved as the submitted plans have been amended.

3.         No development shall be undertaken unless a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include details of the phasing of construction; hours of construction; routing for construction vehicles; construction access and compound areas including parking for construction and contractors vehicles; and measures to reduce noise and dust and to ensure all vehicles leaving the site are in such condition as not to emit dust or deposit mud, slurry or other debris on the highway.  The development shall thereafter be carried out in accordance with such details unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard residential amenity in accordance with policy EQ2 of the South Somerset Local Plan 2006-2028.

4.         No development hereby approved shall be commenced until surface water drainage details, including calculations, have been submitted to and approved in writing by the local planning authority. Such details  ...  view the full minutes text for item 121.

Section 73A application to vary planning condition 06 of approval 11/00822/FUL to allow the substitution of plans to regularise that which has been built. Reconfiguration of Plot 1 to provide rear access and private garden following relocation and increased width of footpath 

The Planning Officer introduced the report as detailed in the agenda with the assistance of a power point presentation, which included a photograph submitted by Castle Cary Town Council.

Pek Peppin, representing Castle Cary Town Council addressed the committee and spoke in opposition to the application. She informed the Committee that the Town Council feel strongly that the retrospective application is very different to previously approved plans and that the façade should be improved.  She expressed her concern that the wrong message will be sent out if a retrospective application is approved and that planning rules should be followed. 

Mr C Kay addressed the committee and spoke in opposition to the application. He believed retention of the character of buildings in market towns was important. He expressed his concern that this would set a president for further unacceptable design.

Mrs J Fawcett, the agent acting on behalf of the applicant addressed the committee and spoke in support of the application. She thanked the Planning Officer for writing a detailed report and provided an explanation of the works carried out. She explained that the amendments would avoid future maintenance issues and that the applicant has provided a footpath which compressed the size of the site further. It was thought that the design blended in with the existing streetscene and that the adjoining terrace will provide screening.

During the short discussion, the agent pointed out that there was an omission on one of the drawings and that a chimney should have been included.

It was proposed and subsequently seconded that approval be given subject to an additional condition to agree chimney details.

On being put to the vote this was carried 8 votes in favour, 0 against and 2 abstentions.

RESOLVED:

That application 15/03371/S73A be approved subject to the officers recommendation and additional condition 6 to agree chimney details.

Justification

01.       The proposed development is of an appropriate design, scale, massing and appearance that would respect the character and appearance of the locality. The lack of on-site car parking is acceptable in this town centre location and the footpath can be delivered by condition. As such the proposal complies with Policy EQ2 of the South Somerset Local Plan, 2006-2028, and the NPPF.

SUBJECT TO THE FOLLOWING:

01.       Notwithstanding the time limits given to implement planning permission as prescribed by Sections 91 and 92 of the Town and Country Planning Act 1990 (as amended), this permission (being granted under section 73A of the Act in respect of development already carried out) shall have effect from the 4/03/2013.

            Reason:  To comply with Section 73A of the Act.

02.       Within 1 month of the date of this permission, particulars of all boundary treatments and hard surfacing materials shall  ...  view the full minutes text for item 122.

Application for the erection of 1 no. two bedroom dwelling house on land adjacent to 2 Rush Close with associated access and landscaping

The Planning Officer introduced the report as detailed in the agenda with the assistance of a power point presentation. He explained that this was a full application following an earlier outline application which was refused at appeal. He pointed out Historic England have recommended refusal of the application and that in his report he recommends that the application be refused.

Andrew Trigay, the Planning Agent addressed the Committee. He informed Members that there was a genuine local need behind this application to allow a young family to remain in the village and that the single well designed dwelling would not cause demonstrable harm. He pointed out to Committee that there had been a significant level of support for this application from neighbours and the Parish Council.

Justin Patterson, the architect addressed the Committee. He explained that the application was sought by a family with a long line of relatives who has lived in the village their whole lives. He stated that the dwelling was not a two storey dwelling, but only one and a half storeys high and that this modest house has received Parish Council support to this proposal.

Following a short discussion, it was proposed and subsequently seconded to approve the application contrary to officer recommendation on the grounds that:

-       the proposed dwelling would have no undue adverse impact upon the setting of the Scheduled Ancient Monument and would meet a local need for smaller dwellings. As such the proposal complies with policies SS2, EQ2 and EQ3 of the South Somerset Local Plan 2006-2028.

Subject to a S106 agreement to secure affordable housing contributions as required by policy HG3 and the following conditions:-

1. Time limit
2. Plans
3. Materials, incl doors, windows, boundary treatments, hard standing etc.
4. Removal of PD rights from extensions to ensure that the approved dwelling continues to meet the identified need.
5. Landscaping archaeology

On being put to the vote, 8 voted in favour, 1 against and 1 abstention.

RESOLVED: that planning permission be approved contrary to officers recommendation subject to the following conditions:

Justification

01.       The proposed dwelling would have no undue adverse impact upon the setting of the Scheduled Ancient Monument and would meet a local need for smaller dwellings. As such the proposal complies with policies SS2, EQ2 and EQ3 of the South Somerset Local Plan 2006- 2028.

SUBJECT TO THE FOLLOWING CONDITION(S):

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 development hereby permitted shall be carried out in accordance with the following approved plans: 3562/001 and /004 RevB, received 1 October 2015, /003 RevA, /002, /005, /006, received 21 August 2015

            Reason: For the avoidance of doubt and in the interests of proper planning.  ...  view the full minutes text for item 123.

Renovation of barns and change of use to B1, office and workshops for decorative arts company

The Planning Officer introduced the report as detailed in the agenda with the assistance of a power point presentation. He informed Members that application for listed building consent which accompanied this application has been approved since the report had been published.

He confirmed that his recommendation contained within the report was to approve the application.

Councillor Mike Beech, Ward Member spoke in support of the application. He said that this was a good use of the site and asked that approval be granted.

After a very short discussion, it was proposed and seconded to approve the application as per the officer’s recommendation.

The voting was unanimous in favour.

RESOLVED:

That the application be approved subject to conditions as per the officers recommendation.

Justification

01.       The proposal including the change of use, by reason of its design, scale and materials, respects the character and setting of the listed building, does not have a detrimental impact on highway safety and neighbour amenity and accords with the aims and objectives of Policy EQ2 and EQ3 of the South Somerset Local Plan, 2006- 2028.

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 development hereby permitted shall be carried out in accordance with the following approved plans: 001B, 011A and 010B received 2.10.2015, and 006A, 002A, 005A, 003A and 004A received 28 September 2015, 003A received 5.08.2015 and Location and Block Plans received 13.08.2015.

            Reason: For the avoidance of doubt and in the interests of proper planning.

03.       All plant growth and hedging across the frontage of Holbrook farmhouse shall be kept cut back and not overhanging the roadside boundary so as to maintain visibility of the nearside main road for a minimum distance of 120 metres.

Reason: In the interests of highway safety further to Policy TA5 of the South Somerset Local Plan 2006- 2028.

Change of use and erection of a block of 3 stables

The Planning Officer presented the report as detailed in the agenda with the aid of a power point presentation. She provided an updated to members to explain that an amended plan had been received and that the stables were now proposed to be positioned 3 meters away from the boundary, rather than 2 meters.

Jenny Steadman, Chairman of Pen Selwood Parish Council addressed the Committee. She explained that the needs of both the applicant and the neighbour were recognised. She pointed out that clarity was needed over the positioning of the muck heap and would like to see a planning condition to confirm this. She suggested that a 5 meter distance from the boundary would ensure that there were no adverse effects of the neighbours’ well and would allow easier hedge cutting.

Mrs Bradley addressed the Committee to speak in objection to the application. She explained that she had concerns over the stable being too close to the boundary and a working well which was contained within her home. She pointed out that her residential amenity would be damaged. She expressed concerns that the proposal will not comply with SSAFO and COGAP regulations.

Mr W Porter, representing the applicant spoke in support of the application. He stated that part of the hedgerow could not be cut due to the close proximity of the neighbours buildings. He confirmed to Members that the muck heap will be positioned at the top of the site.

Councillor Mike Beech, the Ward Member recognised that the stables were close to the neighbouring property and that he had concerns, but was now satisfied over issues relating to the watercourses. He expressed that he would like to see a condition included to ensure that the muck heap was on a concrete base with an effluent catch.

After a short discussion, it was proposed and subsequently seconded to approve the application as per officer recommendation subject to an amended condition to detail revised plans received on 9^th November 2015 and a further condition to ensure that manure heap/drainage provisions to be agreed by Planning.

On being put to the vote, this was carried 8 votes in favour, 1 against and 1 abstention.

RESOLVED: That planning permission 15/03640/FUL be agreed subject to the following:

Justification

01.       The proposal, by reason of size, scale, materials and use causes no demonstrable harm to residential amenity, respects the visual amenity of the wider AONB and does not cause unacceptable harm to the distinctive character and quality of the Local Landscape in accordance with the aims and objectives of policies EQ2 (General Development), EQ_ (Pollution Control) and EQ8 (Equine Development) of the South Somerset Local Plan (Adopted 2006-2028) and the provisions of the NPPF (2012).

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  ...  view the full minutes text for item 125.