Agenda item

17/04588/REM - Vedelers Hey, Balsam Park, Wincanton

Meeting of Area East Committee, Wednesday 11th April 2018 9.00 am (Item 89.)

Minutes:

Application Proposal: Application for reserved matters following approval of 15/0288/OUT to include details of accesses, appearance, landscaping, layout and scale

The Area Lead Planning Officer presented his report to members. He explained that the application had been deferred from the previous month’s meeting to allow further negotiations to take place between the applicant and Somerset County Council as to whether the road could be adopted and to seek legal advice over the legality of proposed condition 11.

The Area Lead Planning Officer advised that no solution had been found to enable the road to be adopted by Somerset County Council. He also confirmed that the proposed condition 11 was lawful and appropriate.

Mrs C Brace, Development Manager at Stonewater addressed the Committee. She advised members that the application was for 15 affordable homes and hoped that the application would be approved. She explained that the access road would not be adopted by Somerset County Council, that it would be of an adoptable standard and suggested that this should not be a reason for refusal. She further explained that the road would be delivered, managed and maintained by way of a management contract and a unilateral undertaking which had been agreed and was ready to be signed.

She explained to members that a reduction in homes to enable an alternative drainage scheme would make the application unviable and pointed out that no objections had been received from statutory consultees.

Councillor Colin Winder, Ward Member, advised that a S106 was agreed at the outline approval stage and suggested than an informative should be included to remind the applicant of this agreement. He also suggested that condition 11 did not comply with paragraphs 203 and 204 of the NPPF and should be removed as it was a legal matter and should be dealt with by a legal agreement. Councillor Mike Lewis suggested that it should be dealt with by way of an informative.

Councillor Nick Colbert, also Ward Member, advised that he was disappointed that the road could not be adopted and felt that the number of houses could have been reduced to enable the drainage issues to be resolved. He explained that he could not offer support as the road would not be adopted by Somerset County Council.

Following the discussion, it was proposed and seconded that the application be approved subject to an additional informative to advise the applicant that there was a s106 agreed at outline stage and to replace proposed condition 11 with a similar informative relating to the existing access and subject to the signing of the unilateral agreement.

The Senior Planning Lawyer advised that condition 11 was lawful but that it was ultimately a matter for members to decide whether to impose it or not.

The Area Lead Planning Officer pointed out to members that it would always be preferable to add a condition rather than a legal agreement where possible.

On being put to the vote, this was carried 8 votes in support, 2 against with 1 abstention.

RESOLVED: that planning application 17/04588/REM be approved as per the agenda report, subject to the removal of condition 11 and an additional informative to replace condition 11 and to remind the applicant that a s106 agreement remains in place.

For the following reason:

01. The proposal, by reason of its location, represents appropriate residential development within a recognised settlement and does not foster growth in the need to travel and is therefore sustainable in accordance with the aims of objectives of Policy SS1, EQ2, EQ3, of the South Somerset Local Plan 2006- 2028, and the NPPF.

Subject to the following conditions:

01. All trees are to be sourced as having UK provenance and shall be container-grown (preferably specified with "fully-feathered" forms or even "half-standards" as opposed to "standards"), sized as "12-14's" with a minimum root-volume of 45 litres. Each tree to be planted within a grass/lawned environment, is to have a minimum radius of 500 millimetres around each trunk, to be stripped of all competing vegetation and a 100 millimetre depth of wood-chip or chipped bark is to be applied as a mulch-layer to a minimum radius of 500 millimetres around each trunk. Each tree will be supported by being securely gate-staked and firmly tied with rubber spacing blocks and rubber belting. Each tree planted within a lawned/turfed environment is to have an 'Arbortech Standard Strimmer-Guard' installed around the base of the trunk.

The replacement tree following removal of the protected pine tree shall be a semi-mature specimen, details of which shall be submitted to and agreed in writing by the Local Planning Authority prior to its planting. Any tree which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason: A landscape scheme is a working document - such details are required to provide the appointed landscape contractor with clear instruction to ensure the successful establishment of the new trees that is in the interests of character and appearance further to Policy EQ5, EQ6, EQ2 and EQ3 of the South Somerset Local Plan 2006- 2028.

02. The development hereby permitted shall be carried out in accordance with the following approved plan: 17004/00, /02B, /03B, /04D, /05B and /06B.

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

03. There shall be no obstruction to visibility greater than 300 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 25 metres either side of the access. Such visibility shall be fully provided before the development hereby permitted is occupied and shall thereafter be maintained at all times.