Agenda and draft minutes

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No. Item



To approve the minutes of the previous meeting held on 20th August 2019.



The minutes of the Regulation Committee held on 20th August 2019 copies of which had been circulated, were agreed as a correct record and signed by the Chairman.




Apologies for Absence


Apologies for absence were received from Councillor Tony Lock who was substituted by Councillor Karl Gill, Councillor William Wallace who was substituted by Councillor Nick Colbert, Councillor Colin Winder who was substituted by Councillor Linda Vijeh.  


Apologies for absence were also received from Councillor David Recardo and Councillor Neil Bloomfield (Cllr Neil Bloomfield was in attendance for 19th September 2019).



Declarations of Interest


There were no declarations of interest.


Public Question Time


There were no questions from members of the public.


Planning Application 18/01737/OUT Land South of Kithill Crewkerne pdf icon PDF 980 KB


Application Proposal: Outline application for residential development of up to 150 dwellings, public open space, landscaping and associated works with access from Lang Road.


The Specialist – Development Management introduced the report and updated members that:

·         A further Transportation update had been received from the agent.

·         A presentation and video had been received from Crewkerne Town Council as a result of further survey work undertaken by local residents and would be shown to the committee at the appropriate time.


He then proceeded to give a detailed presentation and with the aid of slides showed the site and proposed plans.  He noted there were a number of issues to consider with this outline application but explained the main issue is the highways impact of the development.  


He referred to the key considerations being principle of development; Highway Safety; Landscape impact and Residential amenity.  He believed this was a sustainable site on the edge of Crewkerne, a preferred option in the emerging local plan and with the Council not having a 5 year housing land supply consider this to be an acceptable proposal. He also noted a landscape assessment had been undertaken, the site was within a low flood risk zone and there had been no objections regarding ecology subject to appropriate mitigation.  He also explained the layout and relationship to the existing houses would be considered at the reserve matters stage.


The Specialist - Development Management then proceeded to explain the key consideration with regard to highways.  He referred to the agenda report and explained the highway authority had originally objected to the scheme for the three reasons as set out in the agenda report and clarified that the Area West Committee had also resolved to recommend refusal for two of the same reasons.


He proceeded to explain the process of the updated additional traffic survey that had been undertaken and made comparison to the survey carried out by local residents.  He noted that the Highway Authority had withdrawn their objections and although access and additional traffic on Cathole Bridge Road were the main issues for local residents, the application could only be refused on highway safety or serious traffic impact in the area. 


He therefore concluded that after considering all of the responses and advice, as outlined in the agenda report, his proposal was to approve the application subject to the conditions as set out in the agenda report.


In response to questions from Members, the Specialist – Development Management advised:


·         Network Rail had been consulted, however no response has been received.

·         Public consultation would be undertaken at reserve matters stage.

·         Cathole Bridge Road would remain a public highway.

·         All relevant roads and junctions were included in the traffic survey.  The survey had been accepted by the Highway Authority.

·         Understand the highway authority apply relevant data and use this as a base line figure when considering what traffic the scheme would generate and the impact in the area.


A member of the committee also highlighted that Cathole Bridge Road  ...  view the full minutes text for item 84.


Planning Application 19/00801/FUL Land North of Creech View Dropping Lane Bruton pdf icon PDF 315 KB


Application Proposal: Demolition of existing garages and the erection of a new dwelling with carport.


The Planning Consultant introduced the report and explained to members the reason it had been brought to Regulation Committee as the Area East Committee had recommended to approve the application contrary to the officer’s recommendation where it’s considered the site being in an unsustainable location. He referred to the reasons the Area East committee had resolved to approve the application as set out in the agenda report.


With the aid of slides he proceeded to show the site, proposed plans and access to the site.  He highlighted to members the material consideration is the sustainability of the location and recommendation for refusal was not based on landscape, design or residential amenity.  


The Planning Consultant referred to the key considerations being principle of development; remoteness from town and means of pedestrian movement to the town.  He felt the site to be in an unsustainable location, sufficiently remote from the town with no street lighting or pavements to aid pedestrian movement.


He therefore concluded that after considering all of the responses and advice, as outlined in the agenda report, his proposal was to refuse the application for the reasons set out in the agenda report.


In response to a member’s question the Lead Specialist explained the reason the application had been brought to the Regulation Committee, as the site is not within the defined settlement boundary of Bruton and lies with open countryside, therefore considers it contrary to the NPPF and too ensure consistency for any future applications.


Councillor Mike Lewis addressed the committee and spoke on behalf of Ward member, Councillor Lucy Trimble who was unable to attend the meeting.  His comments included:

·         Site lies close to Kings College, the art gallery and railway station.

·         Four other houses are already situated on the site.

·         This site is no further distance from the town to the development at Cuckoo Hill.

·         Although in a rural location there is a footpath available and noted that the town council are looking to improve pedestrian access to increase the footfall to the nearby employer.

·         Believed it was safe to walk into the town as the road is quiet of vehicles and speed limit at Dropping Lane was 30mph.

·         Questioned the consistency when considering this application given similar applications in the area had been recommended for approval.

·         Noted that the Area East Committee unanimously agreed to approve the application.


The applicant addressed the committee.  She explained that the local neighbours frequently used the lane to walk in to the town centre and that her children walk to school in daylight hours.  She said the lane was a 30mph speed limit and that it was only 200 metres to the main road and local facilities. She said the proposal would give a family member the opportunity to move back into the area.


During members’ discussion, several comments were made including:


·         There were four other houses adjacent to the site therefore did not consider  ...  view the full minutes text for item 85.


Exclusion of Press and Public pdf icon PDF 29 KB




that the following item be considered in Closed Session by virtue of the Local Government Act 1972, Schedule 12A under Paragraph 3: “Information relating to the financial or business affairs of any particular person (including the authority holding that information).” 


Confidential Report


Planning application 19/00064/FUL – Coat Road, Martock


Members resolved to adjourn this item as some members of the committee had been unable to access all of the necessary papers.  It was agreed that the report would be considered at a re-convened meeting to be held on Thursday 19th September 2019.


Upon re-convening the meeting at 6pm on 19th September 2019 members discussed and considered the options in the confidential report, and in particular had regard to the confidential legal opinion appended to the report.


Members acknowledged that the final decision would be taken by officers under delegated powers but indicated their view that, whilst it was to be hoped that an appeal could be avoided, the Council should not look to actively defend the reasons for refusal in the event that an appeal was submitted.


Date of Next Meeting

The next scheduled meeting of the Regulation Committee will be held on Tuesday 15th October 2019 at 10.00am. However this meeting will only take place if there is business to conduct.





Members noted that the next scheduled meeting of the Regulation Committee would be held on Tuesday 15th October 2019 at 10.00am.