Agenda item

Application Proposal: Erection of a detached dwelling and garage

The Planning Officer presented her report to members with the aid of a PowerPoint presentation. She advised that the application was for a single dwelling and provided photographs of the site and proposed indicative layout plans.

She also pointed out the position of the church, nearest listed building and objectors dwelling.

She advised members that South Barrow was considered to be a sustainable location and recommended that the application be approved.

Mr D Bishop spoke in objection to the application. He advised members that he had concerns over the traffic and the noise and disruption during the construction. He explained that the road was narrow and that his bank adjoining the highway is often damaged by vehicles. He also pointed out that the property next door was unoccupied and that other close neighbours were tenants, which might explain the limited number of neighbour representations received.

Mr M Williams, the agent, addressed the Committee. He advised that there were no planning policy objections to this application and that South Barrow had been confirmed as a sustainable location by a recent planning approval for a dwelling in the same village.

He further advised that the Parish Council offered support to the application and that the nearest objector would be further than 20 meters from the new proposed dwelling. He suggested that the application would be willing to consider a construction management plan if this would help alleviate objector concerns.

Mr C Kisielewski, the applicant, advised that a quality planting scheme would need to be agreed and that there was already an established access to the site. He also advised that there was adequate space on site for contractor parking and that the new dwelling would be 20 meters from Woodbine Cottage. He hoped that the application would be approved as the Planning Officer and the Parish Council supported the application.

Councillor Weeks, the Ward Member, offered his support to the application and supported the additional condition to ensure that a Construction Management Plan were included.

It was proposed and seconded that the application should be approved, as per the officer report, subject to a condition to specify the requirement for a Construction Management Plan to restrict hours of construction and a condition to protect mature trees on the site.

On being put to the vote, this was carried unanimously.

RESOLVED:  that planning application 17/03158/OUT be approved as per the officer report, subject to additional conditions to include a Construction Management Plan which restricts hours of construction and a condition to protect mature trees on the site.

For the following reason;

01.       The proposed development, due to its location, scale and nature, constitutes a sustainable form of development that makes efficient use of land and respects the setting of the adjacent listed buildings without causing any demonstrable harm to visual amenity, residential amenity, highway safety, ecology or the environment in accordance with the aims and objectives of policies SS2, TA6, EQ2, EQ3, EQ4 and EQ5 of the South Somerset Local Plan as well as the provisions 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: As required by Section 92(2) of the Town and Country Planning Act 1990.

02.       All reserved matters shall be submitted in the form of one application to show a comprehensive and coherent scheme with respect to scale, layout, access, appearance and landscaping to the local planning authority before the expiration of three years from the date of this permission, and before any development is commenced on site.

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

03.       The development hereby permitted shall be carried out in accordance with the site location plan received 28/07/2017

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

04.       There shall be no obstruction to visibility greater than 900 millimetres above adjoining road level in advance of lines drawn 2.4 metres back from the carriageway edge on the centre line of the access and extending to points on the nearside carriageway edge 43 metres either side of the access. Such visibility splays shall be fully provided before the dwelling hereby approved is first occupied and shall thereafter be maintained at all times.

            Reason:  In the interests of highway safety to accord with Policy TA5 of the South Somerset Local Plan.

05.       No works shall be undertaken unless 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 their root-types and the date of planting. The installation details regarding ground preparation, weed suppression, 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 dormant planting season (November - February inclusively) following the commencement of any aspect of the development hereby approved; and if any trees or shrubs which within a period of five 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.

06.       Prior to any removal of the mature pear tree, a bat roost assessment shall be undertaken by an appropriately qualified person (a licenced bat consultant and/or tree climber qualified to inspect for potential bat roost features), and submitted for approval in writing by the local planning authority.   The assessment may need to be supplemented by a bat emergence survey undertaken in the period of May to September.  Any mitigation or precautionary measures recommended by the consultant, and deemed necessary for the avoidance of harm, mitigation or compensation, and necessary for compliance with the relevant wildlife legislation, shall be implemented. 

            Reason:  To protect legally protected species of recognised nature conservation importance in accordance with Policy EQ4 of the South Somerset Local Plan, The Habitats Regulations 2010, and The Wildlife and Countryside Act 1981 (as amended).

07.       The development hereby permitted shall not commence unless a Construction Management Plan has been submitted to and approved in writing by the local planning authority. The plan shall include construction operation hours, construction delivery hours, parking for contractors, storage compound and parking for delivery vehicles. The development shall be carried out strictly in accordance with the approved Construction Management Plan, unless otherwise agreed in writing by the Local Planning Authority.

            Reason: In the interest of highway safety and to safeguard residential amenity in accordance with policies TA5 and EQ2 of the South Somerset Local Plan.

08.       Prior to commencement of the development, a tree protection scheme shall be submitted to and agreed in writing by the local planning authority. The approved tree 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 safeguard the retained trees on and adjacent to the site in the interest of visual amenity in accordance with policies EQ2 and EQ5 of the South Somerset Local Plan.

(voting: unanimous)