Agenda item

RESOLVED:

That planning application 17/02737/OUT be APPROVED, contrary to the officer’s recommendation for the following reason:

Justification:

01. The proposed residential development of the site of 3 no. bungalows is considered to be acceptable in this location, they will contribute to housing provision and growth in a rural centre and could be carried out, subject to detail, with respect to the established pattern and layout of development in the area, and without causing significant demonstrable harm to landscape character, visual amenity, residential amenity or highway safety, in accordance with policies SD1, SS1, SS4, SS5, EQ2, TA5 and TA6 of the South Somerset Local Plan (2006-2028) and the core planning principles of the National Planning Policy Framework.

Subject to the following conditions:

01.   The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

Reason: To accord with the provisions of Article 4 of the Town and Country Planning (Development Management Procedure) Order 2010.

02.    Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

Reason: As required by Section 92(2) of the Town and Country Planning Act 1990.

03.   Approval of the details of the appearance of the building(s), the landscaping of the site, Layout and Scale (hereinafter called 'the reserved matters') shall be obtained from the Local Planning Authority in writing before any development is commenced.

Reason: To accord with the provisions of Article 4 of the Town and Country Planning (Development Management Procedure) Order 2010.

04.   Other than as required by Reserved Matters and planning conditions the development hereby permitted shall be carried out in accordance with the following approved plan:

Drawing no. 3673/001 received 27 June 2017

Drawing no. 3673/002 Revision A received 27 June 2017

Drawing no. 3673/003 received 27 June 2017

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

05.   The development herby permitted shall comprise of no more than 3 no. bungalows.

Reason: in the interest of visual amenity and landscape character and in accordance with policy EQ2 of the South Somerset Local Plan. (Adopted March 2015)

06.    Before the dwellings hereby permitted are first occupied, a properly consolidated and surfaced access shall be constructed (not loose stone or gravel) details of which shall have been submitted to and approved in writing by the Local Planning Authority. The access shall be constructed in accordance with the agreed design and shall be maintained in the agreed form thereafter at all times.

Reason: in the interest of highway safety and to accord with Policy TA5 of the South Somerset Local Plan (Adopted March 2015).

07.   The proposed access shall be constructed generally in accordance with the submitted plans contained within the Access Statement dated January 2017(drawing number P_01 Rev 1 'General Arrangement and Visibility Splays'), and shall be available for use before commencement of the development hereby permitted. Once constructed the access shall be maintained thereafter in that condition at all times.

Reason: in the interest of highway safety and to accord with Policy TA5 of the South Somerset Local Plan (Adopted March 2015).

08.   The gradient of the proposed access shall not be steeper than 1 in 10. Once constructed the access shall thereafter be maintained in that condition at all times.

Reason: in the interest of highway safety and to accord with Policy TA5 of the South Somerset Local Plan (Adopted March 2015).

09.   Provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway, details of which shall have been submitted to and approved in writing by the Local Planning Authority, prior to its installation. Such provision shall be installed before the site is first brought into use and thereafter maintained at all times.

Reason: in the interest of highway safety and to accord with Policy TA5 of the South Somerset Local Plan (Adopted March 2015).

10.   At the proposed access there shall be no obstruction to visibility greater than 900millimetres above adjoining road level within the visibility splays, in accordance with the submitted plans contained within the Access Statement dated January 2017(drawing number P_01 Rev 1 'General Arrangement and Visibility Splays'). Such visibility splays shall be constructed prior to the commencement of the development hereby permitted and shall thereafter be maintained at all times.

Reason: in the interest of highway safety and to accord with Policy TA5 of the South Somerset Local Plan (Adopted March 2015).

11.   No work shall commence on the development site until the developer has submitted and had approved by the Local Planning Authority details of the footway to be provided along Droveway Road. No part of the development hereby permitted shall be occupied until the approved footway has been constructed.

Reason: in the interest of highway safety and to accord with Policy TA5 of the South Somerset Local Plan (Adopted March 2015).

12.   The development hereby approved shall be carried out in accordance with the mitigation recommendations outlined in Section 5 of the submitted Ecological Assessment.

Reason: For the protection of a legally protected species to accord with policy EQ4 of the South Somerset Local Plan 2006-2028, and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended), and for the conservation of a 'priority species' in accordance with NPPF.

13.   Prior to commencement of the development, site vegetative clearance, demolition of existing structures, ground-works, heavy machinery entering site or the on-site storage of materials, a scheme of tree and hedgerow protection measures shall be prepared by a suitably experienced and qualified arboricultural consultant in accordance with British Standard 5837: 2012 - Trees in relation to design, demolition and construction and submitted to the Council for their approval. Specifically, the scheme will include details of special engineering measures to construct hard-surfacing in close-proximity to trees and hedgerows. Upon approval in writing from the Council, the tree and hedgerow protection measures shall be installed and made ready for inspection. A site meeting between the appointed building/groundwork contractors and the Council's Tree Officer (Mr Phillip Poulton - 01935 462670/07968 428026) shall then be arranged at a mutually convenient time. The locations and suitability of the tree and hedgerow protection measures shall be inspected by the Council's Tree Officer and confirmed in-writing by the Council to be satisfactory prior to any commencement of the development. The approved tree and hedgerow protection requirements shall remain implemented in their entirety for the duration of the construction of the development and the protective fencing and signage may only be moved or dismantled with the prior consent of the Council in-writing.

Reason: To preserve existing landscape features (trees and hedgerows) in accordance with the Council's policies as stated within The South Somerset Local Plan (2006 - 2028); EQ2: General Development, EQ4: Bio-Diversity & EQ5: Green Infrastructure.

14.   No works shall be undertaken until there has been submitted to and approved in writing by the Local Planning Authority, a scheme of tree and shrub planting. Such a scheme shall include planting locations, numbers of individual species, sizes at the time of planting, details of root-types and the approximate date of planting. Installation details regarding ground preparation, staking, tying, guarding and mulching shall also be included in the scheme. All planting comprised in the approved details shall be carried out within the next planting season following the commencement of any aspect of the development hereby approved; and if any trees or shrubs which within a period of fifteen years from the completion of the development die, are removed or in the opinion of the Council, become seriously damaged or diseased, they shall be replaced by the landowner in the next planting season with trees/shrubs of the same approved specification, in the same location; unless the Local Planning Authority gives written consent to any variation.

Reason: To ensure the planting of new trees and shrubs in accordance with the Council's statutory duties relating to The Town & Country Planning Act, 1990 (as amended)[1] and the following policies of The South Somerset Local Plan (2006 - 2028); EQ2: General Development, EQ4: Bio-Diversity & EQ5: Green Infrastructure.

15.   Prior to any works commencing on the access road and the public right of way path adjoining the site, details of the surfacing method shall be submitted to and approved in writing by the Local Planning Authority.

Reason: in the interest of visual amenity and to ensure that the hedgerows and tree roots are protected and in accordance with policies EQ2 and EQ4 of the South Somerset Local Plan (2006 - 2028)

16.   No development shall commence until a Construction Management and Environmental Plan has been submitted to and approved in writing by the Local Planning Authority. This shall include construction vehicle movements, construction operation hours, construction vehicular routes to and from site, construction delivery hours, expected number of construction vehicles per day, car parking for contractors, specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice, a scheme to encourage vehicle share and / or the use of public transport amongst contractors, wheel wash facilities within the site and measures for incorporating pollution prevention. The development shall be undertaken in accordance with the approved Plan.

Reason: in the interest of residential amenity and highway safety and to accord with policies EQ2 and TA5 of the South Somerset Local Plan (2006 - 2028)