Agenda item

Planning Application 18/00072/FUL - 56A Bower Hinton, Martock.

Minutes:

Proposal: Demolition of stone walls of former cottage. Erection of 2 No. dwellings with associated access and parking. Erection of front wall to 56A and restoration of existing outbuilding (revised application to 17/03184/FUL).

The Planning Officer presented the application as detailed in the agenda report and highlighted the key considerations. The officer recommendation was for refusal of the application due to the backland nature of the proposal and the impact on the historical linear development of Bower Hinton.

Agent, Mr M Williams, noted the officer report made it clear there was no objection to the design of the dwellings or access, therefore the only issue seemed to be the additional dwelling which was a subjective assessment. Using a slide he indicated other existing backland dwellings nearby which were located behind the linear roadside dwellings. He felt the proposed the additional dwelling was in a similar position to the existing no.62. He spoke of the merits of the proposal and that it was a carefully considered scheme which would have some environmental benefits.

Ward member, Councillor Neil Bloomfield, commented that the proposal would enhance the Conservation Area and make the street scene at the site better than it was currently. He considered there was other backland development through Bower Hinton, and the proposal was sympathetically designed. He noted if members were minded to approve the application that several other properties in the locality had low hamstone walls with railings as the front boundary, and it would be good to see that replicated with this proposal. He was surprised the recommendation was one of refusal and he expressed his support for the application

Ward member, Councillor Graham Middleton, felt the proposal would be better than what was at the site at the moment. He noted the officers had done due diligence but on this occasion he did not agree with their recommendation. He also supported the application.

During a short discussion several comments were made in support of the application including that it would be an opportunity to get some cars parked off the road which would be an improvement. It was proposed and seconded to approve the application.

The Planning Officer responded to a point of detail mentioned during discussion regarding a number of concerns raised by a neighbour. He clarified that if the application was approved there would be a condition for making good boundary walls, and also there would be informatives reminding the applicant to obtain written permission from the neighbour for any easement or access required during construction etc; the Party Wall Act; and the preference of members for the front boundary treatment.

As members were minded to approve the application, and on hearing the comments made during discussion, the Planning Officer suggested the wording for the justification would include that the proposal respected the local area, there were no substantial amenity concerns and it would not prejudicial to highway safety. He also advised members that conditions would be required for:

· Approved plans

· Time limit

· Materials

· Surfacing

· Front boundary treatment

· Making good party walls

· Internal ground floor levels

· Landscaping

· Visual splay, parking and access

· Archaeology monitoring

The proposal to approve the application, contrary to the officer recommendation, was put to the vote and carried 5 in favour, 3 against, 1 abstention.

RESOLVED:

That planning application 18/0072/FUL, be APPROVED, contrary to the officer recommendation, subject to the following:

Justification:

01. The proposed dwellings, due to their scale, siting, design and materials, respects the setting and character of the surrounding conservation area, raises no substantive visual amenity or residential amenity concerns and is not considered to be prejudicial to highway safety, in accordance with the aims and objectives of policies SS1, TA5, TA6, EQ2 and EQ3 of the South Somerset Local Plan and the

provisions of the National Planning Policy Framework.

Subject to the following conditions:

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 site hereby approved for development shall be as shown on the submitted drawings: '17-46.101', '17-46.103', '17-46.104', '17-46.105', '17-46.107', '17-46.108', '17-46.109', '17-46.110 Rev A', '17-46.111', '17-46.112' and '17-46.113'.

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

03. Details of the following shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of each element of the proposal respectively;

a) materials (including the provision of samples where appropriate) to be used for all external walls, roofs, chimneys and lintels;

b) full details of the new natural stonework walls, including the materials, coursing, bonding, mortar profile, colour and texture, to be provided in the form of a sample panel to be made available on site;

c) details of the design, materials and external finish for all external doors, windows, boarding and openings and entrance gates;

d) details of all roof eaves, verges and abutments, including detailed section drawings, and all new guttering, down pipes and other rainwater goods, and external plumbing;

e) details of the surface material for the access, parking and turning area;

f) details of roadside boundary treatment.

Once approved the development hereby permitted shall be carried out in complete accordance with the agreed details and thereafter shall not be altered without the prior written agreement of the Local Planning Authority.

Reason: To safeguard the character and setting of the conservation area to accord with policies EQ2 and EQ3 of the South Somerset Local Plan.

04. Prior to the demolition of the existing outbuilding that abuts 62 Bower Hinton, a scheme of making good of the boundary wall shall be submitted to and agreed in writing by the Local Planning Authority. The agreed details shall thereafter be carried out in full.

Reason: In the interest of visual and residential amenity to accord with policies EQ2 and EQ3 of the South Somerset Local Plan.

05. The development hereby permitted shall not be commenced unless details of the internal ground floor levels of the building have been submitted to and agreed in writing by the local planning authority. Development shall be carried out in accordance with these details.

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

06. The development hereby permitted shall not be commenced unless there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of the development, as well as details of any changes proposed in existing ground levels; all planting, seeding, turfing or earth moulding comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the occupation of the building or the completion of the development, whichever is the sooner; and any trees or plants 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: In the interest of visual amenity and to safeguard the character and setting of the conservation area to accord with policies EQ2 and EQ3 of the South Somerset Local Plan.

07. Before the commencement of the development hereby permitted the applicant, or their agents or successors in title, shall have secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation (WSI) which has been submitted and approved in writing by the Planning Authority. The WSI shall include details of the archaeological excavation, the recording of the heritage asset, the analysis of evidence recovered from the site and publication of the results. The development hereby permitted shall be carried out in accordance with the approved scheme.

Reason: To ensure that adequate opportunity is afforded for investigation of archaeological or other items of interest in accordance with policy EQ3 of the South Somerset Local Plan and the provisions of chapter 12 of the National Planning Policy Framework.

08. The parking and turning areas detailed on the approved plans shall be kept clear of obstruction at all times and shall not be used other than for the parking and turning of domestic vehicles in connection with the development hereby permitted.

Reason: In the interest of highway safety to accord with Policy TA6 of the South Somerset Local Plan.

09. There shall be no obstruction to visibility greater than 900mm above adjoining road level forward of a line drawn 2.4m back and parallel to the nearside carriageway edge on the centre line of the access and extending to a point 43m either side of the access to the nearside carriageway edge. Such visibility shall be fully provided and shall thereafter be maintained at all times.

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

10. Any entrance gates shall be hung to open inwards and shall be set back a minimum of 5 metres from the carriageway edge.

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

11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), there shall be no new openings formed within the south elevation of plot 56b or the north elevation of plot 56c hereby permitted other than those expressly authorised by this permission.

Reason: In the interest of residential amenity to accord with Policy EQ2 of the South Somerset Local Plan.

Informatives:

1. The applicant is reminded that the separate permission of adjoining owners may be required should access or a right of easement be required across their land, such as for scaffolding and footings etc. They would also be advised to check for any rights of easement for adjoining landowners that might exist and to contact Wessex Water to check for services that may cross the application site.

2. The applicant should also be mindful of the Party Wall Act.

3. In respect to condition 3(f), the applicant is reminded of the Planning Committee Members' preference for the provision of railings to the roadside boundary treatment, notwithstanding any other requirements in respect to highway safety.

4. 04. 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.

(Voting: 5 in favour, 3 against, 1 abstention)

Supporting documents: