Agenda item

Planning Application: 17/03271/FUL - 3 Church Path Crewkerne TA18 7HX

Minutes:

Application Proposal: Demolition of existing dwelling and erection of replacement dwellinghouse

 

The Area Lead Planner introduced the report and summarised the application.  She advised that the plans had been amended to delete the first floor rear terrace and balcony.   She was of the opinion that the scheme was well designed and had taken into account the sensitive nature of the site with traditional materials proposed.  Her recommendation was for approval of the application subject to conditions.

 

In response to a member question, the Area Lead Planner advised that the church authorities had not been consulted on the application as the church did not share a boundary with the application site.

 

The Committee was addressed by Mr Butt on behalf of the Applicants.  He felt that the relationship with 1 Church Path was now acceptable and the issue of overlooking had been addressed with the submission of amended plans.  The proposal did not impact on the streetscene and views were limited due to vegetation.  The property was a well-designed house that preserved the character and appearance of the Conservation Area. 

 

Having earlier declared a personal and a prejudicial interest in the application, Councillor Angie Singleton made a statement prior to leaving the room.  She was of the view that there were no reasons to demolish a perfectly habitable bungalow.  She commented that although the original design of the balcony had been removed the issue of overlooking still remained.  She also referred to a neighbouring property wishing to build an underground property which would not be supported due to light pollution and was of the opinion that a two storey house would have a similar affect.  She felt that the proposal would cause harm to the Conservation Area and setting.  In summary she objected to the application on the grounds of the detrimental impact on the neighbouring property, light pollution and contrary to polices EQ3 and the NPPF.

 

A member speaking against the application felt that the existing bungalow was perfectly habitable and that the proposal would compromise the views of the Conservation Area particularly the church.  Those members who spoke in support of the application felt that the church would not be affected and that the level of overlooking was not unreasonable for the town centre.  

 

In response to a member question, the Planning Officer advised that Permitted Development Rights were already restricted as the application was located within a Conservation Area.

 

It was proposed and seconded to approve the application subject to conditions as per the Planning Officer’s recommendation as outlined in the agenda report.  The proposal to approve the application subject to conditions was carried by 9 votes in favour and 1 against.

 

RESOLVED:

That Planning Application No. 17/03271/FUL be APPROVED for the following reason: 

 

01.       The proposed development is considered to be acceptable in this location, and due to its size, design and position, will preserve the character and appearance of the conservation area and will result in less than substantial harm to the area's heritage assets and the public benefits of the scheme outweigh the harm. The proposal will cause no demonstrable harm to residential amenity, highway safety or ecology. As such the scheme is considered to comply with policies SD1, SS1, EQ2, EQ3, EQ4, TA5 and TA6 of the South Somerset Local Plan 2006-2028 and the aims and objectives of the National Planning Policy Framework (2012).

 

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.       The development hereby permitted shall be carried out in accordance with the following approved plans:

           

            Drawing No.'s

            006_100_A_01

            006_500_N_01

            006_50_A_01

            006_100_O_01

            006_200_A_01

            006_50_A_02 Rev C

            006_50_A_02 Rev C

            006_100_A_02 Rev A

            006_100_A_41 Rev A

            006_100_A_42 Rev A

            006_100_A_61 Rev C

             

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

 

03.       No building operations above damp proof course level of the dwelling and garage shall take place until details of the materials to be used in the construction of the external surfaces (doors/windows/stonework/render/brick/roof finish) of the dwellings hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Stonework details shall be supported by a sample panel that shall be made available for inspection on site. The development shall be carried out in accordance with the approved details.

                       

                        Reason: In the interest of visual amenity and to accord with policy EQ2 of the South Somerset Local Plan.

 

04.       Prior to the development hereby approved being first brought into use the first floor bathroom window in the north elevation shall be fitted with obscure glass (minimum level 3) and shall be non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the windows are installed. Thereafter, the windows shall be permanently retained and maintained in this fashion.

                       

                        Reason: In the interests of residential amenity and in accordance with Policy EQ2 of the South Somerset Local Plan (2006-2028).

 

Informatives:

 

01.       The Rights of Way Officer (SCC) advises:

 

Any proposed works must not encroach on to the width of the PROW.

 

The health and safety of the public using the PROW must be taken into consideration during works to carry out the proposed development. Somerset County Council (SCC) has maintenance responsibilities for the surface of a PROW, but only to a standard suitable for the public use. SCC will not be responsible for putting right any damage occurring to the surface of a PROW resulting from vehicular use during or after works to carry out the proposal. It should be noted that it is an offence to drive a vehicle along a public footpath, public bridleway or restricted byway unless the driver has lawful authority (private rights) to do so.

 

If it is considered that the development would result in any of the outcomes listed below, then authorisation for these works must be sought from Somerset County Council Rights of Way Group:

 

·                     A PROW being made less convenient for continued public use.

·                     New furniture being needed along a PROW.

·                     Changes to the surface of a PROW being needed.

·                     Changes to the existing drainage arrangements associated with the PROW.

 

If the work involved in carrying out this proposed development would:

 

·                     make a PROW less convenient for continued public use; or

·                     create a hazard to users of a PROW,

 

then a temporary closure order will be necessary and a suitable alternative route must be provided. For more information, please visit Somerset County Council's Rights of Way pages to apply for a temporary closure: http://www.somerset.gov.uk/environment-and-planning/rights-of-way/apply-for-a-temporary-closure-of-a-right-of-way/.'

 

02.       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

 

03.       There is a small possibility that bats could be using the existing roof void or parts of the roof structure for roosting (due to the close proximity to trees and open countryside).  The presence of droppings (with a crumbly/powdery texture and similar size to mouse droppings) usually indicates use by bats.  Loose or slightly raised tiles may have bats roosting underneath or be a roost access point.  If you know or suspect the presence of bats you should seek further professional advice before commencing work, to help conserve a beneficial species and to ensure compliance with wildlife legislation.  Bat Conservation Trust helpline: 0845 1300228. 

 

Particular care and vigilance should be taken when roof tiles are removed (remove by hand and check underside for bats before stacking, particularly the ones over the gable ends and ridge tiles.)  Fascias, barge boards, flashing and external cladding may also provide roost opportunities for bats and should be disturbed with care. As a further precaution, undertaking roof work during the months of March to May, or September to November will avoid the main hibernation and breeding seasons when bats are most sensitive to disturbance.

(Voting: 9 in favour, 1 against)

 

 

Supporting documents: