Agenda item

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

He updated members that he had received correspondence from the applicants who wished to make it clear that a recent application had been granted earlier this year for a storage barn for tractors adjacent to this proposed site.

The Planning Officer clarified the two main issues for consideration being the character of the area and the impact the proposal would have upon the setting of the Grade II listed building.  He considered the area to be of a very long linear form of development and believed this proposal would be contrary to this built form. 

He also referred to case law as set out in his agenda where the setting and the overall ambience of the area should be considered and that the Conservation Officer had raised an objection in this respect.  He acknowledged the access did not meet current guidelines however the entrance already served two other dwellings and there were many properties along the road with similar access.  He therefore concluded that for reasons set out in the agenda report his recommendation was to refuse the application.

In response to members’ questions the Area Lead South and Planning Officer confirmed that:

·         The recent granted tractor store would share the same access as this proposal.

·         Under the adopted 2015 Local plan there is defined development area only in the Yeovil area.  Therefore this case has to be considered on its own merits in relation to the principle of the development for this area.

Mrs Caroline Mornement the applicant then addressed the committee. She stated the proposed dwelling was not in the curtilage of the listed building, was of a sensitive design and cannot be seen from any locality.  She referred to the adjacent planning application which had raised no concerns, noted there had been no neighbour objections to this proposal and that East Coker Parish Council support the application.   She clarified the materials to be used and believed this to be an energy efficient and eco-friendly building where her and husband can live releasing a larger property for a family to live in the village. 

Councillor Cathy Bakewell, Ward member believed the area consisted of differing styles and were not all of linear form.  She noted the recent adjacent planning permission and that this dwelling was an environmental friendly single storey dwelling of excellent design.  She believed the location of the proposal would not have a significant impact on the area or the setting of the listed building and therefore would support the application.  

Councillor Gina Seaton, Ward member considered the dwelling to be of an excellent environmental friendly design with good low energy usage.  She also believed the proposal would not have a significant impact on the area or the setting of the listed building and was positioned in a suitable location.  She noted no objections had been received from neighbours and that the Parish Council were in support of the application and therefore would support the application.

During member’s discussion, varying comments were made including:

·         Acknowledged the support of East Coker Parish Council and that local knowledge should be considered.

·         An eco-friendly low energy dwelling of excellent design.

·         If approved would set a precedent for future developments in this area.

·         Believe the area to be a built form of linear character and the proposal would be isolated and out of keeping with the area.

·         Consider it was backland development.

·         Believed the proposal would have impact on the setting of the listed building.

Following a short discussion it was then proposed and subsequently seconded to refuse the application as per the officer’s recommendation as set out in the agenda report.  On being put to the vote this was lost by 5 votes in favour, 10 against and 0 abstentions.

Following a further discussion it was then proposed and subsequently seconded to approve the application for reasons and with conditions as agreed by members and read out by the Area South Lead:

‘The proposal conserves the character of the area whilst safeguarding the setting of the adjacent listed building in accordance with the National Planning Policy Framework and policies EQ2 and EQ3 of the South Somerset Local Plan 2006-2028.’

With conditions to include:

·         Time limit.

·         In accordance with approved plans.

·         Proposed materials.

·         Removal of permitted development rights for extensions, alterations and outbuildings.

·         Tree and hedgerow protection measures.

·         A Scheme for tree and shrubs planting.

·         Retention of parking for occupier of dwelling.

Informative - that the development is CIL liable.

On being put to the vote this was carried by 10 votes in favour, 5 against and 0 abstentions.

RESOLVED:

That application 17/03689/FUL be approved for the following reasons:

The proposal conserves the character of the area whilst safeguarding the setting of the adjacent listed building in accordance with the National Planning Policy Framework and policies EQ2 and EQ3 of the South Somerset Local Plan 2006-2028.

Subject to the following:

1)    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.

2)    The development hereby permitted shall be carried out in accordance with the following approved plans 1344/001A and 1344/002A received 28 September 2017

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

3)    No works shall be undertaken unless particulars of following have been submitted to and approved in writing by the Local Planning Authority;

i)              details of materials (including the provision of samples where appropriate) to be used for the external walls and roofs;

ii)             details of the recessing, materials and finish (including the provision of samples where appropriate) to be used for all new windows and doors;

On approved such details shall be fully implemented unless agreed otherwise in writing by the Local Planning Authority.

Reason: To safeguard the character and appearance of the area and setting of the listed building in accordance with Policies EQ2 and EQ3 of the adopted South Somerset Local Plan (2006 - 2028).

4)    Notwithstanding the provisions of the Town & Country Planning General Permitted Development Order 2015 (or any subsequent order amending or revoking and re-enacting that Order) there shall be no extensions to the dwelling (including dormer windows) unless an application for planning permission in that behalf is first submitted to and approved by the Local Planning Authority.

Reason:  The Local Planning Authority is not satisfied that the dwelling could be extended without detriment to the existing dwelling or the setting of the listed building in accordance with Policies EQ2 and EQ3 of the adopted South Somerset Local Plan (2006 - 2028).

5)    Notwithstanding the provisions of the Town and Country Planning Permitted General Development Order 2015 (or any subsequent order amending or revoking and re-enacting that Order), there shall be no further building, structure or other enclosure constructed or placed on the site unless an application for planning permission in that behalf is first submitted to and approved by the Local Planning Authority.

Reason: In the interests of the character of the area and the setting of the listed building in accordance with Policies EQ2 and EQ3 of the adopted South Somerset Local Plan (2006 - 2028).

6)    Prior to commencement of this planning permission, 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, including protective fencing and signage; shall be prepared, installed and made ready for inspection. The locations and suitability of the tree protection measures shall be inspected by the Council and confirmed in-writing by the Council to be satisfactory prior to commencement of the development. The approved protection requirements shall remain implemented in their entirety for the duration of the construction of the development and the protective fencing/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 policies EQ2, EQ4 and EQ5 of the adopted South Somerset Local Plan (2006 - 2028)

7)    No works or development shall be carried out until the Council has approved in-writing the full details of every tree, shrub and hedge to be planted, including its proposed location, its species, its size at the time of planting, whether it is container-grown, cell-grown, root-balled or bare-rooted and the approximate date when it is to be planted.  The installation details regarding staking, tying, strimmer guarding and mulching are also to be included.  If, within a period of ten years from the issue date of this planning consent, any of the trees or shrubs planted in accordance with this condition, or any trees or shrubs planted as a replacement for any of those trees or shrubs, is cut down, felled, uprooted, removed, or destroyed, or dies or becomes, in the opinion of the Council, damaged or defective,

i)              the Council shall be notified by the landowner as soon as is reasonably practicable, and

ii)             another tree or shrub of the same specification shall be planted at the same location, at a time agreed in-writing by the Council,

unless the Council agrees in-writing to dispense with or vary the requirement.

Reason: To ensure the planting of new trees and shrubs in accordance with policies EQ2, EQ4 and EQ5: of the adopted South Somerset Local Plan (2006 - 2028).

8)    The area allocated for parking on the submitted plan shall be properly consolidated, surfaced, drained and marked out before the use commences or the building(s) are occupied and shall not be used other than for the parking of vehicles in connection with the development hereby permitted.

Reason: In the interests of highway safety in accordance with Policy TA6 of the adopted South Somerset Local Plan (2006 - 2028).

Informative

Please be advised that approval of this application by South Somerset District Council will attract a liability payment under the Community Infrastructure Levy.  CIL is a mandatory financial charge on development and you will be notified of the amount of CIL being charged on this development in a CIL Liability Notice.

You are required to complete and return Form 1 Assumption of Liability as soon as possible and to avoid additional financial penalties it is important that you notify us of the date you plan to commence development before any work takes place.  Please complete and return Form 6 Commencement Notice.

You are advised to visit our website for further details https://www.southsomerset.gov.uk/cil or email cil@southsomerset.gov.uk

In relation to condition 06 a site meeting between the appointed Project Manager/Building Contractors and the Council (01935 462670) shall be arranged at a mutually convenient time.

(voting: 10 in favour, 5 against, 0 abstentions)