Agenda item
Planning Application 17/04925/FUL - Drayton Manor, School Street, Drayton.
Minutes:
Proposal: Proposed tennis court with pavilion outbuilding including the change of use of land from agricultural to domestic use.
The Planning Officer introduced the report and updated members that a further letter had been received in objection to the proposal. He summarised the comments raised in the letter and noted that many of the issues were already covered in the officer report.
The application was presented to members and the key considerations highlighted. He noted that if approved, there were conditions proposed to prohibit lighting and further outbuildings, and drainage conditions were also included to deal with any flooding issues.
Two people addressed Committee in objection to the proposal, their comments included:
· The proposal would be an incursion into the countryside.
· Applicant has provided no justification as to why the proposal could not be sited elsewhere in within the domestic grounds.
· Proposed pavilion would be a significant building and was not a modest size.
· Many objections had been raised about potential noise and impact on residential amenity.
· Somerset Wildlife Trust had raised concerns about ecology.
· Concerns about flooding and impact upon neighbouring properties. Need reassurance that drainage will be maintained as per the officer recommendation.
The Agent noted the applicants had taken officer advice and withdrawn the original application. The court had been relocated and redesigned in order to have less impact on the listed building and adjoining landscape character. Due to the level of interest locally, the applicants had worked with officers in recent months to supply additional information as requested. The proposal was 125 metres from the nearest neighbouring dwelling and not visible from the public highway.
Ward member, Councillor Tiffany Osborne had tendered her apologies for the meeting and a statement was read out on her behalf by a fellow member. It was acknowledged this was a contentious application with many objections from the local community. Reference was also made to an unfortunate situation regarding opinions of one objector. Councillor Osborne had asked for the application to be at Committee to allow the concerns of the community to be taken into full consideration by members.
During discussion, varying comments were made including:
· Many concerns of objectors have been addressed and taken into consideration.
· Tennis is a summer game and feel applicant has done what they can to mitigate concerns.
· It’s a large area and renders rest of field almost unusable for agriculture.
· Feel pavilion could be designed to be more in keeping with historic building.
· There will be noise which will be intrusive.
· Location seems insensitive.
· In planning terms see little reason to refuse the application.
· Perhaps the applicant could show some local goodwill by possibly allowing some occasional community use of the court.
· Tennis court will be installed professionally and likely to require correct drainage. Applicants unlikely to build a court that will flood.
· Photos seem to indicate that the land isn’t being intensively used for farming.
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The Planning Officer and Area Lead (North / West) responded to points of detail including:
· Conditions could not be required for maintenance of neighbouring ditches as SCC being Lead Local Flood Authority were the authority with the powers.
· Alternative locations for the court and pavilion had been considered, and the officers provided a brief explanation as to why each had been deemed unsuitable.
· No ground testing had been completed. If the court has a porous base it would be hoped there would be minimal change to the current situation regarding drainage.
A proposal had been made to approve the application, as per the officer recommendation. At the end of debate a vote was taken on the proposal which was carried 7 in favour, 2 against and 1 abstention.
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RESOLVED: |
That planning application 17/04925/FUL be APPROVED, as per the officer recommendation, subject to the following:
Justification
01. The proposed development, by reason of size, scale and materials, is acceptable as it respects the character of the and appearance of the site and its surroundings, does not adversely affect the character and setting of the adjoining heritage assets, would not lead to increased risk of flooding and has no unacceptable detrimental impact on local ecology, highway safety or residential amenity. As such, the proposed development is considered to accord with the aims and objectives of policies SD1, TA5, EQ1, EQ2, EQ3, EQ4 and EQ7 of the South Somerset Local Plan (2006-2028) and the provisions of chapters 4, 7, 10, 11 12 and the core planning principles 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 development hereby permitted shall be carried out in complete accordance with the approved plans: 'F351_LOCb', 'F1351_511e' and 'F1351_512a'.
Reason: For the avoidance of doubt as to the development authorised and in the interests of proper planning.
03. No works shall be undertaken until there has been submitted to and approved in writing by the Local Planning Authority, a scheme of UK- provenance tree and shrub planting. Such a scheme shall include the planting locations, numbers of individual species, sizes at the time of planting, details concerning root-volumes - e.g. whether the trees are cell-grown or container-grown and the intended date of planting. Installation details regarding ground preparation, weed-suppression, staking, tying, strimmer-guarding and mulching shall also be included in the scheme. All planting comprised in the approved details shall be carried out within the first available dormant planting season following the commencement of any aspect of the development hereby approved; and if any trees or shrubs which within a period of ten 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 dormant 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: In the interests of visual amenity, and to ensure the planting and healthy establishment of new trees and shrubs in accordance with policies EQ2, EQ4 and EQ5 of the South Somerset Local Plan (2006-2028) and the provisions of chapters 7 and 11 of the National Planning Policy Framework.
04. Details of foul and surface water drainage to serve the development hereby approved, shall be submitted to and approved in writing by the Local Planning Authority prior to the development hereby approved being commenced. Such approved drainage details shall be completed and become fully operational before the dwellings hereby approved are first occupied. Following its installation such approved scheme shall be permanently retained and maintained thereafter.
Reason: To ensure that the site is adequately drained and will not have an adverse impact on flood risk elsewhere, in accordance with policies EQ1, EQ2 and EQ7 of the South Somerset Local Plan and the provisions of chapter 10 and the core planning principles of the National Planning Policy Framework.
05. 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), no means external illumination/lighting shall be installed or provided on the residential land and buildings hereby approved, without the prior express grant of planning permission.
Reason: In the interests of residential amenity, in accordance with policy EQ2 of the South Somerset Local Plan (2006-2028) and the core planning principles of the National Planning Policy Framework.
06. 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), no system of public address, loudspeaker, amplifier, relay or other audio equipment shall be operated on the residential land and buildings hereby approved, without the prior express grant of planning permission.
Reason: In the interests of residential amenity, in accordance with policy EQ2 of the South Somerset Local Plan (2006-2028) and the core planning principles of the National Planning Policy Framework.
07. 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), no buildings or other structures including ponds, pools, walls, fences, gates or other means of enclosure are to be built on the residential land hereby approved without the prior express grant of planning permission.
Reason: In the interests of visual amenity in accordance with policy EQ2 of the South Somerset Local Plan (2006-2028) and the provisions of chapters 7 and 11 of the National Planning Policy Framework.
Informatives:
01. You are reminded of the contents of the Council Environmental Health Officer's email response of 7th February 2018, which is available on the council's web-site.
02. You are reminded of the contents of the Council Tree Officer's letter of 7th February 2018, which is available on the council's web-site.
03. You are reminded of the contents of Wessex Water's email response of 24th January 2018, which is available on the council's web-site.
04. You are reminded of the contents of the Council Ecologist's email response of 19th March 2018, which is available on the council's web-site.
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(Voting: 7 in favour, 2 against, 1 abstention)
Supporting documents:
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