Agenda item

(Having earlier declared a Personal & Pecuniary Interest Councillor Gina Seaton left the room during consideration of this item).

The Area Lead Planner presented the application as detailed in the agenda and with the aid of a powerpoint presentation showed the site and proposed plans.  She explained this was an outline application with all matters reserved accept access and noted the application has been two starred for reasons explained at the beginning of the report.

She also updated members that:

·         Four additional letters of objection had been received reiterating objections already outlined in report and concern regarding the timing of this meeting and the period of notice given.  However was happy that all relevant notification had taken place in the appropriate timescales.

·         Concern had been raised regarding Flight safety policy YV4, however there is no requirement to notify the MOD as this site is not within the Yeovil Airfield Flight Safety Zone.  She confirmed it was located within the Airfield safeguarding zone but that this development had no requirement for notification.

·         Acknowledged the concern of the treatment for boundary works due to the health issues of the resident living directly adjacent to the access road.  She believed this issue had now been addressed through the imposition of a Construction Traffic Management Plan condition. 

The Area Lead Planner concluded that the majority of concerns raised and examined by the inspector from the previous decision on this site such as ecology, impact on neighbours and the level of development had now been addressed.  She therefore believed there were only three main issues for consideration, these being the Impact on the Landscape, Highway Implications and the Loss of Grade 1 agricultural land.

She considered that the South West portion of the site had now been removed from the application, the highway issue was due to the cumulative concern owing to the impact of the urban extension traffic but satisfied the applicant had provided information regarding this and considered there to be no capacity problem regarding movement on the A30.  She also acknowledged the loss of the Grade 1 Agricultural Land but given the Council cannot provide a five year land supply believed this was not a reason for refusal. 

The Area Lead Planner therefore concluded that after considering all of the responses and issues, as outlined in the agenda report, her proposal was therefore to approve the application subject to the Section 106 agreement and the conditions as set out in the agenda report.

In response to members’ questions the Area Lead Planner and Lead Specialist, Planning confirmed that:

·         Under this proposal no trees were to be felled only the removal of the hedgerow.

·         Under this proposal the new proposed road layout would now give priority to traffic coming out from Nash Lane.

·         The scheme seeks to provide 35% of affordable housing.

·         A scheme of this size is required to provide a Locally Equipped Area of Play (LEAP).

·         As the Council cannot currently demonstrate a 5-year housing land supply it is considered that the current policies can only be given a modest amount of weight.

·         Believe the East Coker Neighbourhood Plan can only be given very limited consideration as this has not yet been through the referendum.

·         Acknowledged concern regarding the impact on education and the requirement of school places, however SSC Education have confirmed they are happy with the proposal and there will be sufficient places in the area for this development.  The County Council were satisfied that a financial contribution would mitigate any need for school places arising from the development.

·         Appreciate the concerns regarding the access onto the main A30 trunk road however the Highways Authority consider the proposal acceptable and therefore not a substantive reason for refusal.

·         The applicant has considered and now addressed the issues clarified in the planning inspector’s previous reasons for refusal on this site.

·         Considered the relevant pedestrian and cycleway links to and from the site to be acceptable with a footway/cycleway linking to new bus lay-by to the South of West Coker Road and existing bus stop to North.

·         Advised that members needed to be minded of paragraph 14 of the National Planning Policy Framework (NPPF) and should grant permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies of the NPPF as a whole.

The Committee were then addressed by Mr Alan Harwood, Mrs Christopher Knight and Mr John Brunsden in opposition to the proposed development.  Their comments included:

·         Believed the proposal is contrary to the SSDC Local Plan and the advanced stages of the East Coker Neighbourhood Plan.

·         Several major concerns and objections have been raised from both East and West Coker Parish Councils.

·         There are already other developments proposed in the area and this proposal would only increase the traffic and have a huge impact on the local highway network.

·         Would cause further difficulties for motorist from the new development and Nash Lane to access the main A30 trunk road.

·         Would add further congestion problems on the A30 and the Bunford Hollow roundabout which is already a very busy existing road network.

·         Confused by the apparent inconsistencies of the Highway Authorities comments to other similar proposed developments in the area.

·         East Coker School is already at capacity and new residents would need to use cars to access local schools.

·         Significant loss of Grade 1 agricultural land, brownfield sites should be used first.

·         Should application be approved request that no construction traffic use the narrow Kingspring Lane.

Andrea Caplan addressed the committee and spoke of behalf of the applicant.  She believed the applicant had worked with the officers to address any issues raised from the previous application and that the scheme provided much needed residential development.  She said this proposal acquired less Grade I Agricultural land from that of the previous application and that the Highways Authority was happy with the new proposed access. She reiterated that the Council could not currently demonstrate a five year housing land supply and that this development would provide new homes in a sustainable location.  The proposal would secure financial contributions to many local facilities and that 10% of the development would provide much needed bungalows in the area.  She believed this proposal accords with the aims and objectives of the NPPF and SSDC Local Plan.

Councillor Cathy Bakewell, Ward member raised concern regarding highway safety and the impact the proposal would have on the local road network.  She felt the proposed pedestrian refuge was located too close to the ghost island and would create further difficulties for motorist using the main A30 trunk road referring to the ongoing problems at the three way junction at the White Post Garage, Camp Road and East Coker/Hardington Lane.  She also requested if the application be approved a condition be imposed to ensure no construction traffic use the narrow Kingspring Lane and the proposal be in accordance with the Dark Skies policy.

During members’ discussion, comments were made including the following:

·         Significant loss of Grade 1 Agricultural land and believe to be is an urban development in a rural area.

·         Concern regarding the right turn exit from Nash Lane onto the A30 that will only add to the increase in traffic with housing already approved on the other side of the road.

·         Appreciate the highway safety issues and concerns raised, however can see no planning justification to refuse the application as all highway proposals are deemed acceptable and have been adequately mitigated or conditioned.

·         Acknowledged the comments made by all statutory consultees and given the lack of five year land supply cannot see any substantial reason to refuse the application.

·         Share a lot of concerns and frustrations of the local people however we have set guidance that may restrict us to apply our own policies and therefore have limited discretion.

During a short debate members’ agreed that should the application be approved three further conditions be imposed to include:

·         No construction traffic to use Kingspring Lane.

·         Approval of acceptable street lighting.

·         Safeguard the provision of Locally Equipped Area of Play (LEAP)

Plus an additional informative to ensure the development is designed in accordance with the Dark Skies Policy.

Following a further discussion it was then proposed and subsequently seconded that planning permission be approved as per the officers recommendation with the inclusion of the three additional conditions and informative: 

On being put to the vote this was carried by 10 votes in favour, 2 against and 1 abstention.

RESOLVED:

That application 17/03673/OUT be approved for the following reasons:

a) The prior completion of a section 106 agreement (in a form acceptable to the Council's solicitor(s)) before the decision notice granting planning permission is issued to:-

1) The agreed contribution as set out in this report towards the provision of sport and play facilities (to the satisfaction of the Local Planning Authority).

2) Ensure at least 35% of the dwellings are affordable with a tenure split of 80:20 in favour of social rented accommodation over other intermediate types (to the satisfaction of the Local Planning Authority) or an alternative tenure mix to be agreed with the Strategic Housing Manager

3) Education contributions as set out in this report

4) Highway works

5) Travel Plan and £60,000 towards cycling infrastructure within the vicinity

6) If elements of the highway work common to this scheme and Bunford Heights are carried out by the developers of Bunford Heights first then an increased/additional cycling infrastructure sum of £30,000 would be sought to invest in plans to extend cycle paths through Bunford Park to connect to another pending application at Bunford Hollow (17/003320/OUT)

7) The provision of landscaping and open space (inclusive of shelter belt) to include:

a)         design standard (SSDC Landscape Design - A Guide to Good Practice and the Addendum thereto).

b)         maintenance period

c)         commuted sums

d)         transfer to SSDC or approved management company

8) Provision of a bus shelter at the proposed bus layby on West Coker Road (westbound), with a commuted sum for maintenance of the shelter

And

The following conditions:

01.       The Council cannot demonstrate a 5-year housing land supply. Yeovil is an appropriate location for this level of development and the site is suitable in terms of its relationship to the town and its services and can be developed without causing unacceptable harm to the setting or functioning of the town. Despite being Grade I agricultural land the proposal, in outline, by reason of its location on the periphery of a sustainable settlement, its juxtaposition with existing built form and its scale represents an appropriate and logical rounding-off  where a development could result that would not cause demonstrable impact upon residential amenity, highway safety or upon the character and appearance of the area subject to the approval of Reserved Matters and would not foster growth in the need to travel, in accordance with the aims of objectives of the National Planning Policy Framework, and policies SD1, SS1, SS4, SS5, SS6, HG3, HG5, EQ1, EQ2, EQ3, EQ4, TA3, TA4, TA5, TA6 and HW1 of the South Somerset Local Plan (2006-2028).

SUBJECT TO THE FOLLOWING:

01.       Approval of the details of the layout, scale, appearance and landscaping of the site (hereinafter called 'the reserved matters') shall be obtained from the Local Planning Authority in writing before any development is commenced. Application for approval of the reserved matters shall be made to the Local Planning Authority not later than the expiration of three years from the date of this permission. The development hereby permitted shall be begun, not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

                        Reason: In accordance with the provisions of S92 (2) Town and Country Planning Act 1990 (as amended by S51 (2) Planning and Compulsory Purchase Act 2004).

02.       The development hereby permitted shall be carried out in accordance with the following approved plans: Drawing No.'s 1976.0.10 (Location Plan) and 11 Rev D (proposed Access Option 1C). 

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

03.       At least 10% of the dwellings hereby approved shall be bungalows (single storey) and they shall be located along the eastern boundary of the site (as shown on Drawing No. 176.1.11 'Annotated Indicative Layout')

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

04.       The proposed estate roads, footways, footpaths, tactile paving, cycleways, bus stops/bus lay-bys, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car, motorcycle and cycle parking, and street furniture shall be constructed and laid out in accordance with details to be approved by the Local Planning Authority in writing before their construction begins.  For this purpose, plans and sections, indicating as appropriate, the design, layout, levels, gradients, materials and method of construction shall be submitted to the Local Planning Authority.

            Reason: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

05.       The proposed roads, including footpaths and turning spaces where applicable, shall be constructed in such a manner as to ensure that each dwelling before it is occupied shall be served by a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway.

            Reason: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

06.       Plans showing parking area(s) providing for an appropriate number of spaces in line with the Somerset County Council Parking Strategy vehicles shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced. These areas shall be properly consolidated before the building(s) are first 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 and in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

07.       The development hereby permitted shall not commence until a Construction Traffic Management Plan has been submitted to and approved in writing by the Local Planning Authority (in consultation with Somerset County Council). The plan shall include construction vehicle movements, construction operation hours, construction vehicular routes to and from site, construction delivery hours, expected number of construction vehicles per day, car parking for contractors, specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice and a scheme to encourage the use of public transport amongst contractors. The development shall be carried out strictly in accordance with the approved Construction Traffic Management Plan.

            Reason: In the interests of residential amenity and highway safety and in accordance with Policies EQ2 and TA5 of the South Somerset Local Plan (2006-2028).

08.       No work shall commence on the development site until an appropriate right of discharge for surface water has been obtained before being submitted to and approved in writing by the Local Planning Authority. A drainage scheme for the site showing details of gullies, connections, soak ways and means of attenuation on site shall be submitted to and approved in writing by the Local Planning Authority. The drainage works shall be carried out in accordance with the approved details, unless otherwise agreed in writing with the Local Planning Authority.

            Reason: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

09.       No development shall take place until detailed plans have been submitted to and approved in writing by the Local Planning Authority (in conjunction with the local highway authority) relating to line, level and layout of the access arrangement (as shown generally in accordance with drawing number 11 Revision D) and its means of construction and surface water drainage. No dwelling hereby approved shall be occupied until the approved access road junction has been constructed and completed to the written satisfaction of the Local Planning Authority in conjunction with the Highway Authority.

            Reason: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

10.       Before the commencement of 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 Local 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 proper recording of any archaeological remains in accordance with Policy EQ3 of the South Somerset Local Plan 2006-2028.

11.       No building shall be occupied until the site archaeological investigation has been completed and post-excavation analysis has been initiated in accordance with the Written Scheme of Investigation approved under the Programme of Works condition and the financial provision made for analysis, dissemination of results and archive deposition secured.

            Reason: To ensure proper recording of any archaeological remains in accordance with Policy EQ3 of the South Somerset Local Plan 2006-2028.

12.       Prior to the commencement of development, details of measures for the enhancement of biodiversity (e.g. bat and bird boxes, native tree planting) shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be implemented in accordance with the approved details unless otherwise approved in writing by the local planning authority.

            Reason: For the enhancement of biodiversity in accordance with NPPF.

13.       Prior to commencement of the development, site vegetative clearance, demolition of existing structures, ground-works, heavy machinery entering site or the on-site storage of materials, a revised and detailed scheme of tree and hedgerow protection measures (specifically to include details for the protection of the Oak referred to as T28 and the trees located upon the Highways verge adjoining the A30 to the North of the site entrance) shall be prepared by a suitably experienced and qualified arboricultural consultant in accordance with British Standard 5837: 2012 - Trees in relation to design, demolition and construction and submitted to the Council for their approval.  Upon approval in writing from the Council, the tree and hedgerow protection measures shall be installed and made ready for inspection.  A site meeting between the appointed building/groundwork contractors and the Council's Tree Officer (Mr Phillip Poulton - 01935 462670) shall then be arranged at a mutually convenient time.  The locations and suitability of the tree and hedgerow protection measures shall be inspected by the Council's Tree Officer and confirmed in-writing by the Council to be satisfactory prior to any commencement of the development.  The approved tree and hedgerow protection requirements shall remain implemented in their entirety for the duration of the construction of the development (inclusive of hard and soft landscaping operations) and the protective fencing and signage may only be moved or dismantled with the prior consent of the Council in-writing.

            Reason: To preserve the health, structure and amenity value of existing landscape features (trees and hedgerows) in accordance with the Council's policies as stated within The South Somerset Local Plan (2006 - 2028); EQ2: General Development, EQ4: Bio-Diversity & EQ5: Green Infrastructure.

14.       No works shall be undertaken until there has been submitted to and approved in writing by the Local Planning Authority, a revised scheme of tree and shrub planting, including the 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 time 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,

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

            b) 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 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.

15.       No development shall be commenced until details of the surface water drainage scheme based on sustainable drainage principles together with a programme of implementation and maintenance for the lifetime of the development have been submitted to and approved in writing by the Local Planning Authority.  The drainage strategy shall ensure that surface water runoff post development is attenuated on site and discharged at a rate and volume no greater than greenfield runoff rates and volumes.  Such works shall be carried out in accordance with the approved details.

            These details shall include: -

• Details of phasing (where appropriate) and information of maintenance of drainage systems during construction of this and any other subsequent phases.
• Revised soil infiltration rates. The infiltration test must be undertaken fully in accordance with BRE365, including three fills in each trail pit to provide accurate soil infiltration rates;
• Revised attenuation storage calculations that consider the revised soil infiltration rates.

• Detailed drawings that demonstrate the inclusion of SuDs, where appropriate, and location and size of key drainage features;
• Drainage calculations that demonstrate there will be no surface water flooding up to the 1 in 30 year event, and no increased risk of flooding as a result of development between the 1 in 1 year event and up to the 1 in 100 year event plus 40% increase for climate change;
• Assessment of potential failure of above-ground attenuation features, including assessment of residual risks to downstream receptors, and proposed mitigation and management measures;
• Description and drawing demonstrating the management of surface water runoff during events that may temporarily exceed the capacity of drainage system;
• Confirmation of the proposed methods of treating surface water runoff to ensure no risk of pollution is introduced to groundwater or watercourses both locally and downstream of the site, especially from proposed parking and vehicular areas;
• Confirmation of agreement in principle of proposed adoption and maintenance arrangements for the surface water drainage system;
• Confirmation from Wessex Water that diversion of the existing water main is acceptable;
• Confirmation from Wessex Water that the proposed building over the existing foul water sewer that crosses the northern part of the site is acceptable.
• Demonstration that appropriate access is available to maintain drainage features
• If the results of infiltration testing indicate that infiltration will not provide a feasible means of managing surface water runoff, an alternative drainage strategy must be submitted to the Council for review and approval. Best practice SUDS techniques should be considered and we promote the use of combined attenuation and infiltration features that maximise infiltration during smaller rainfall events.    

            Reason: To ensure that the development is served by a satisfactory system of surface water drainage and that the approved system is retained, managed and maintained in accordance with the approved details throughout the lifetime of the development, in accordance with paragraph 17 and sections 10 and 11 of the National Planning Policy Framework, Paragraph 103 of the National Planning Policy Framework and the Technical Guidance to the National Planning Policy Framework (March 2015).

16.       No construction traffic associated with the development shall use Kingspring Lane.

Reason: In the interests of highway safety and Policy TA5 of the South Somerset Local Plan 2006-2028.

17.       Prior to its installation, details of the public street lighting and lighting for the private communal areas shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

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

18.       The application for Reserved Matters shall detail the siting and layout of the Locally Equipped Area of Play (LEAP).

Reason: To ensure appropriate provision in accordance with Policy HW1 of the South Somerset Local Plan 2006-2028.

Informatives:

01.       The applicant will be required to enter into a suitable legal agreement with the Highway Authority to secure the construction of the highway works necessary as part of this development. Please ensure that an advisory note is attached requesting that the developer contact the Highway Authority to progress this agreement well in advance of commencement of development.

02.       The applicant's attention is drawn to the comments of the Rights of Way Officer (SCC) dated 13 October 2017.

03.       Please be advised that subsequent full or reserved matters approval 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

04.       Badgers sometimes use the site and may create 'outlier setts' (temporary setts) at any time, in areas that would be affected by development works, and require closure under licence from Natural England (normally restricted to July to November inclusive).  Update surveys for badgers are recommended prior to commencing development, and particularly prior to major groundworks, in order to minimise the risk of damaging setts in contravention to the Protection of Badgers Act 1992, and introducing delays to the development.

05.       Reptiles (particularly slow worms), likely to be present in neighbouring gardens, will move onto the site if conditions become suitable and could be harmed by construction activity, contrary to legislation (Wildlife and Countryside Act 1981), unless appropriate precautionary measures are employed.  Suitable measures in this case are likely to include appropriate management of the vegetation to discourage reptiles away from areas of risk, and fencing to prevent reptiles from entering the site.  An ecological consultant should be commissioned to provide site specific advice.

06.       Giant Hogweed is an injurious plant to humans (causes severe skin blistering).  Ecological surveillance should be employed to check for possible re-establishment from seed, and to apply further appropriate elimination measures.

07.       The applicant is advised that the proposed street lighting for the estate should be designed in accordance with the Dark Skies advice from the CPRE.

(voting: 10 in favour, 2 against, 1 abstention)