Agenda, decisions and minutes

Apologies for absence were received from Councillors Cathy Bakewell, John Vincent Chainey, Tony Fife, Jon Gleeson, Graham Oakes and Peter Seib.

The minutes of the Area South meeting held on 2^nd December 2015 copies of which had been circulated, were agreed as a correct record and signed by the Chairman.

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 2012 (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 District Council’s Regulation Committee

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

Councillors Tim Carroll, Tony Fife, Peter Gubbins, Ian Martin and Gina Seaton

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 Pauline Lock declared a personal and prejudicial interest in Agenda Item 8 and 9 – Planning Application 14/05095/FUL & 14/05096/LBC Stone Farm, Stone lane, Yeovil as she knows the applicant.  She would leave the meeting during consideration of that item.

Councillor Peter Gubbins declared a Disclosable Pecuniary Interest (DPI) in Agenda Item 11 – Planning Application 14/05660/S73 1 Holywell Hollow, Holywell, East Coker as he is the applicant.  He would leave the meeting during consideration of that item.

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 individual planning applications at the time the applications are considered.

There were no questions from members of the public.

The Chairman updated members on the following:

The Crematorium project has now been completed with the overall management of the facility transferring to SSDC from 1^st February 2015.

Enhancement work on the town centre continues with the following work being scheduled before the end of March:

·         Replacing resin (tree pits) under the trees in the town.

·         The Bubble gum removal machine will be used to removed gum throughout the town.

·         We are completing the final details of the Yeovil Town Centre Ranger Scheme.

·         Loose and broken Paving throughout the town will be replaced.

·         Three more hanging basket trees have been purchased to be installed once the Premier Inn is complete.

·         Four new planters have been purchased to form a gateway to the Market

·         Markets re launch – We continue to receive positive feedback from traders who really appreciated the parking offer we ran on Tuesdays and Fridays during December. We are currently working on a PR and entertainment programme for the coming year.

·         Middle Street and Sherborne Road enhancement scheme – SCC have agreed to contribute resource to the project.  Waiting for feedback from SCC on traffic count figures.  Currently working on design brief for the project.

·         The Yeovil One Team is working very well and has had a number of successes resolving long term problems.

·         We are working with SCC on a project to provide a visiting coach parking bay in South Street.

·         Work is progressing well with the proposed schools at Lufton and Wyndham Park.  The County Council are currently consulting on the plans and if members would like to comment then the consultation is open until 16^th February – contact Natalie for details.

·         Yeovil Without Parish Council have agreed to take on responsibility for the first play area and MUGA at Wyndham Park subject to positive legal and financial advice from independent advisors.

The Chairman informed members that there will not be an Area South Committee in May and that an April meeting will only be held if there are Planning Applications to be determined.  

This is an opportunity for Members who represent the Council on outside organisations to report items of interest to the Committee.

Councillor Tony Lock recently attended St Thomas Cross residents association.  Residents had been given comfort that the outstanding highway infrastructure would be in place by the beginning of March.  However, Councillor Lock looked to the Committee for support that if this was not complied with enforcement action should be sought.

Councillor Tony Lock also made a statement on behalf of local resident’s regarding the delay in the commencement of works at the Sherborne Road/ Lyde Road junction.  He relayed the disappointment regarding the lack of communication from the developer and Somerset County Council given the understanding that details have long been agreed but as yet no work has started on site.  He said the works were long overdue and asked that the Section 106 Monitoring Officer work with him to resolve the matter and update the committee on a monthly basis until the work had started on this scheme.

In response the Section 106 Monitoring Officer who was in attendance at the meeting appreciated the comments made.  He noted both matters raised and agreed to verbally update members on the Sherborne Road/Lyde Road matter at next month’s committee meeting.

Members noted the Schedule of Planning Applications.

(Having earlier declared a Personal & Prejudicial Interest Councillor Pauline Lock left the room during consideration of this item).

(Applications 14/05095/FUL & 14/05096/LBC were presented together).

The Planning Officer presented the application as detailed in the agenda and with the aid of a power point presentation showed the site and proposed plans. 

He referred to the key considerations of the application:

·         Conversion of listed buildings to retain them for the future

·         Loss of farm buildings for the tenant

·         Ecology/protected species

·         Highways/ parking

·         Amenity

He also explained the concerns regarding the occupier/tenant of the farm of which he has a protected life tenancy under the Agricultural Holdings Act with the right of succession to further generations.

The Locum Planning Solicitor clarified to members that the tenancy agreement between the landlord and the tenant is a civil matter between the two parties.  It is not a material planning consideration that should be given any weight.  She advised that members should consider the principle of the use of the land and proposal and not the private rights of the tenant/occupier.

In conclusion the Planning Officer also referred to the comments made by other consultees including the District Council’s Landscape and Conservation Officer who considered the application to be acceptable.  He felt that after careful consideration the proposal would not have an adverse impact upon the current use of the buildings and therefore his recommendation was to approve the application for reasons as set out in the agenda report. 

In response to questions from members, the Locum Planning Solicitor and Planning Officer confirmed to members that:

·         the occupation of the tenant was not a material consideration and although the use of the barns and outbuildings could be considered material the tenancy rights were not.

·         the granting of planning permission would not change the tenancy agreement by any means

·         the granting of planning permission does not need the agreement of the tenant

·         clarified the location of the access track to the proposed site. Highways considered the existing and proposed traffic movements to and from the site and the visibility improvement to be acceptable

·         proposals could not have been carried out under permitted development as the farm is Grade II listed and the outbuildings are curtilage listed

Mr John Raymont, tenant of Stone Farm then addressed the committee.  He said he had been farming at Stone Farm for over 50 years and that although he had slowed down over the last few due to his older years it was still very much a viable farming business.  He explained how he now employed contractors to undertake field operations and that in recent years his crops had been stored off site but that was no longer the case and was again using the grain bins for storing the grain.  He explained that it was simply not the case that the buildings were redundant but well used for a busy livery business and the storage of grain and machinery for the working farm.  He said he had tried to reach a  ...  view the full minutes text for item 93.

(Having earlier declared a Personal & Prejudicial Interest Councillor Pauline Lock remained out of the room during consideration of this item).

This application was discussed in conjunction with the previous application 14/05095/FUL and comments made on that application also refer to this application.

There being no further debate, the proposal to approve the application as per the officer’s recommendation as set out in the agenda report was put to the vote and was carried by 9 votes in favour, 1 against and 2 abstentions.

RESOLVED:

To grant consent subject to the following conditions:

01.       The alterations to the listed buildings reflect the architectural and historic interest of the buildings and do not have an adverse impact upon the setting of the principle listed building. As such the proposals comply with Policies EH3 and EH5 of the South Somerset Local Plan and the aims and objectives of the NPPF.

SUBJECT TO THE FOLLOWING:

01.       The works hereby granted consent shall be begun before the expiration of three years from the date of this consent.

            Reason:  As required by Section 16(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

02.       The development hereby permitted shall be carried out in accordance with the following approved plans: amended drawing 213.74/001A received 15 December 2014 and amended drawings 213.74/002A, 213.74/009A, 213.74/010A, 213.74/011A, 213.74/012A, 213.74/013B, 213.74/014A, 213.74/015A and 213.74/016A received 21 January 2015.

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

03.       No work shall be carried out to Barn 1 unless the following details have been submitted to and approved in writing by the Local Planning Authority. Such details once approved shall be adhered to unless the Local Planning Authority gives written agreement for any variation:

            a)         A full schedule of repair including details of repointing, repairs to masonry and any rebuilding / new work. Samples and sample panels will be required as necessary.

            b)         Details of all windows and doors.

            c)         Details of the rooflights.

            d)         Details of eaves, verges and abutments including details of rainwater goods.

            e)         Details of the external balustrade.

            f)          Details of any external lighting, signage, metre boxes and other fittings.

            g)         Details of all pipework routes serving Kitchens and bathrooms and associated ventilation.

            Reason: In the interests of preserving the historic or architectural character of the listed building in accordance with Policy EH3 of the South Somerset Local Plan (adopted 2006).

04.       No work shall be carried out to Barn 2 unless the following details have been submitted to and approved in writing by the Local Planning Authority. Such details once approved shall be adhered to unless the Local Planning Authority gives written agreement for any variation:

            a)         A full schedule of repair including details of repointing, repairs to masonry and any rebuilding / new work. Samples and sample panels will be required as necessary.

            b)         Details of how the first floor will intersect with the ventilation slit window.

            c)         Details of all windows and doors.

            d)         Details  ...  view the full minutes text for item 94.

The Planning Assistant presented the application as detailed in the agenda and with the aid of a power point presentation showed the site and proposed plans.

She explained to members that planning permission is required for the installation of these rooflights due to the removal of permitted development rights when planning permission was first granted in 2010.

The Planning Assistant then referred to the key considerations:

·         Overlooking

·         Loss of Privacy

·         Visual Impact

She clarified that planning guidance requires windows to be set at a minimum of 20 metres away from neighbouring properties due to overlooking issues and confirmed that the nearest property from this dwelling was in fact a distance of approximately 60 metres.  She therefore considered this to be acceptable and believed would not cause harm in the terms of overlooking or loss of privacy.  Her recommendation was therefore to approve the application for reasons as set out in the agenda report.

In response to questions from Members, the Planning Assistant confirmed that:

·         Planning guidance requires a 20 metre distance from window to neighbouring window

·         Original permission refused in 2007 due to overlooking issues was originally for a two storey dwelling

·         Cannot confirm exact height difference from 99A West Coker Road and the houses on Beaconfield Road, however can acknowledge this property is on elevated ground

·         The proposed rooflights would serve a bedroom, W.C. and sitting area

·         Satisfied with the tree planting scheme and believed the appropriate specimens were suitable screening types which are easily maintained.

·         The position of the escape rooflight was dictated by Building Regulation requirements and the other simply maintain the same height for uniformity.

·         Rooflights were required to make the space habitable

Susan Smith then addressed the committee.  As a local resident she spoke in objection to the application and believed the intention was to build a virtually self-contained area which is likely to be in constant use.  She reminded members that the original planning permission omitted the proposed rooflights due to the concerns of overlooking.  She also raised concern regarding the removal of trees and shrubs that helped screen the building and the additional lighting which would arise from the rooflights.  She felt it was already an over oppressive building which was out of character for the area in what was now an overdeveloped site. 

Steve Moore also a local resident spoke in objection to the application.  He questioned what had changed since the original planning permission had been granted in 2010 and did not believe anything had altered at this time to allow the rooflights to be permitted.

Mr David Dawkins the applicant then addressed the committee.  He appreciated the neighbours’ concerns, however explained the tree planting process and the species to be used in order to screen the property to the best of his ability.  He explained additional trees would be planted presently to ensure adequate screening of the bungalow and that this should ease any neighbours concerns.

Councillor Nigel Gage, Ward member raised his concern on what he felt was already  ...  view the full minutes text for item 95.

(Having earlier declared a Disclosable Pecuniary Interest (DPI) Councillor Peter Gubbins left the room during consideration of this item).

The Planning Officer presented the application and with the aid of a power point presentation showed the site and proposed plans and clarified the reason this application is brought before committee because the applicant is an elected Member.

She also explained the reason for the application was to seek a variation to the condition 2 of the planning consent 05/00337/FUL granted in 2005 through the removal of the time limit element. 

She said it had been a standard holiday let condition at the time the original application was approved, however subsequently, the Government’s ‘Good Practice Guide on Planning for Tourism 2006, recognised a change in demand for self-catering accommodation but still required assurance that the building does not become a permanent residential dwelling.

The Planning Officer then read the following condition proposed to replace the original:

"02.(i) The occupation of the holiday accommodation hereby permitted shall be restricted to bona fide holidaymakers;

(ii) The holiday accommodation shall not be occupied as a person's sole, or main place of residence;

(iii) A register of holidaymakers shall be kept and made available for inspection by an authorised officer of the Local Planning Authority at all reasonable times.

The Planning Officer considered that the revised condition met the main aim of the original condition with regard to current policy and guidance. Her recommendation was therefore to approve the application for reasons as set out in the agenda report.

There being no members’ debate, it was then proposed and seconded to approve the application as per the officer’s recommendation as set out in the agenda report.  On being put to the vote this was carried unanimously.

RESOLVED:

To approve, subject to the conditions outlined below:

01.       The use of the buildings as holiday accommodation would not have a significant adverse impact on the amenities of neighbouring properties, nor would it have a significant detrimental impact on highway safety within the vicinity. The proposed development would therefore meet the requirements of saved policies ST5 and ST6 of the South Somerset Local Plan (adopted 2006), the National Planning Policy Framework 2012 and the Good Practice Guide on Planning for Tourism 2006.

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.       (i) The occupation of the holiday accommodation hereby permitted shall be restricted to bona fide holidaymakers;

            (ii) The holiday accommodation shall not be occupied as a person's sole, or main place of residence;

            (iii) A register of holidaymakers shall be kept and made available for inspection by an authorised officer of the Local Planning Authority at all reasonable times.

            Reason: To ensure that the approved holiday accommodation is not used for unauthorised permanent residential occupation, in accordance with saved policy  ...  view the full minutes text for item 96.

The Neighbourhood Development Officer presented the report and updated members on the current situation of the continuing youth service provision for the area.  She said that tenders had been received from three local organisations and that these had been considered by the steering group.  Unfortunately the successful tenderer had yet to be informed and therefore she could not at this stage disclose who had been successful. 

She explained that although the contract would be for the duration of three years, this would be monitored closely and should there be any failings the contract can be terminated at any time.

Members voiced their full support on the progress of this service and commended the Neighbourhood Development Officer on her excellent work.

Reason:           To seek funding towards the new Create @ YDH project at Yeovil Hospital.

(Voting: unanimous)

The Neighbourhood Development Officer presented the report and voiced her support for the grant application.  She said the project would support the older patients at the hospital and benefit the young with potential employment opportunities.

There being no members’ debate the proposal to award a grant of £2,000 towards the new Create@YDH project was proposed and seconded.  On being put to the vote this was carried unanimously.

Reason:           To seek funding towards the new Create @ YDH project at Yeovil Hospital.

(Voting: unanimous)

Following the earlier discussion regarding the Section 106 Agreement on Sherborne Road/Lyde Road Junction, Councillor Tony Lock requested that the Section 106 Monitoring Officer attend committee on a monthly basis to update members on the current situation.  Members agreed with this request as believed this was exceptional circumstances.

Councillor Andy Kendall inquired on the current situation of the installation of CCTV at the Yeovil Subway and requested an update report be brought to committee as soon as possible.

In response the Area South Development Manager noted his concerns and would inform him of the current position and action an update report as soon as possible.

(Voting: Without dissent)

Members noted the Planning Appeals.