Agenda item

Planning Application 18/00143/OUT - Land Rear of Manor House, Church Street, Martock

Minutes:

Proposal: The erection of a single dwellinghouse (Outline application with all matters reserved).

 

The Planning Officer presented the application as detailed in the agenda. He explained the indicative plans for the site which showed all of the existing trees were to be retained. He explained that the existing access was deemed acceptable by the Highway Authority, and use by one additional property was not considered to be so harmful as to warrant recommending refusal of the application.

 

Three members of the public made comments in objection to the proposal. Their points included:

·         The site location was a beautiful spot with many trees and wildlife seen from the public footpath.

·         Wildlife is important and otters have been seen nearby. Ask that the site is kept as a wildlife zone.

·         There aren’t many woodlands in Martock and it would be nice to see the area protected.

·         Many historical and listed buildings neighbouring the site and nearby.

·         Possible that the Conservation Area may be extended.

·         If approved, the environmental harm will be irreversible.

·         The proposal will be out of keeping with the area and will have a detrimental impact.

·         The footprint of the building on the indicative plans is very large and will be bigger than the 7 bedroom Manor House.

·         Concern about width of the private driveway as it’s not wide enough along its length for two cars to pass.

·         Feel there will be more traffic movements than those estimated and stated in this outline application.

 

One of the applicants and the agent, then addressed members. Their comments included:

·         They wanted to move to the village due to the history and culture.

·         Highways had no objections regarding the access.

·         Advice from various officers had suggested that a building might be acceptable.

·         It was felt there were misunderstandings about the size of a dwelling. There was no need for a five bedroom house as they currently lived in a three bedroom property.

·         The proposal is clearly sustainable development, respects the local area, unlikely to have a detrimental impact, and doesn’t go against any policies.

·         It is a well screen site with all trees to be retained. No protected species would be affected by the proposal and surveys had been completed to the satisfaction of the Ecologist.

 

Ward member, Councillor Neil Bloomfield, noted that Martock has an emerging Neighbourhood Plan and referred to figures and policies within the Local Plan. He noted he had visited the site some time ago. He was concerned it was outline application, about what might be built and the indicative size of the dwelling. He felt there would be a detrimental impact on the setting of listed buildings collectively.

 

During discussion varying opinions were expressed including:

·         Due to the dense screening it was difficult to see why the proposal would be detrimental.

·         It’s in a discrete area and see no reason to refuse.

·         Martock is a beautiful village but it feels like its gradually being destroyed, feel this site is one that should be saved.

·         Concerned about highway safety and the access.

·         Statutory consultees have no issues with the application.

·         It’s a sensitive area and the reserved matters will be carefully considered.

·         Difficult to see how the access meets visibility criteria, and the applicant will have no control over the neighbouring boundaries along the highway.

·         There is restricted open space available for a build to be sited and will limit the size of a dwelling.

·         Would be more in favour if the trees could be protected by preservation orders.

·         See no reason to refuse at this stage but would like to have seen a better indication of the size of dwelling intended.

·         If sold as a development site it may not be the current applicants building out the site

 

 

The Senior Planning Advisor and Planning Officer responded to points of detail raised during discussion, including:

·         The recently published National Planning Policy Framework 2018 was not considered to be significantly different to that published in 2012.

·         The officer report focussed on addressing the objections raised.

·         Development would not stop just because a notional figure has been met.

·         At the current time it was not be possible for the Committee to insist that a future reserved matters application come back to Committee for consideration.

·         An additional condition could be added to limit the number of dwellings to one.

·         Private rights and ownership regarding the access track to the site were not a concern for the Committee, and were an issue for the applicants to resolve not members.

·         Use of the existing access was deemed acceptable and with adequate visibility splays to the satisfaction of the Highway Authority.

·         The trees would not have preservation orders but there would be a general protection condition during any construction and that they be retained.

·         Tree Preservation Orders could be triggered by anyone at any time and the proposed conditions, if approved, would not provide for immediate protection. It was noted the applicant was present at the meeting and listening to the comments made and therefore was aware of concerns raised about the trees.

 

Early in discussion it had been proposed to approve the application, as per the officer recommendation, but with an additional condition to limit the site to a single dwelling. Later a counter proposal was put forward to defer the application in order to gain more information about how to ensure the trees could be retained and protected into the future.

 

A vote was taken first on the initial proposal to approve the application, and this was carried 7 in favour, 4 against with 2 abstentions, and the counter proposal fell.

 

RESOLVED:

That planning application 18/00143/OUT be APPROVED, as per the officer recommendation, subject to an additional condition to limit to a single dwelling, and subject to the following:

 

Justification:

 

01.   The proposal represents the benefit of an appropriately-located additional unit of residential accommodation which, by reason of its siting, respects the character and appearance of the area and causes no demonstrable harm to residential amenity, highway safety, flood risk, biodiversity or designated heritage assets, in accordance with the aims of the NPPF and Policies  SD1, SS1, SS4, SS5, EQ1, EQ2 ,EQ3, EQ4 of the South Somerset Local Plan.     

 

Subject to the following conditions:

 

01.   The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

 

Reason: As required by Section 92(2) of the Town and Country Planning Act 1990.

 

02.   Application for approval of the appearance, landscaping, layout and scale of the development, referred to in this permission as the reserved matters, shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

Reason:  As required by Section 92(2) of the Town and Country Planning Act 1990.

 

03.   All reserved matters referred to in Condition 2 above shall be submitted in the form of one application to show a comprehensive and coherent scheme with respect to design, layout, plot boundaries, internal ground floor levels, materials, and landscaping.

                                                                       

        Reason: To ensure that the development of the site is dealt with in a comprehensive manner to protect the character and appearance of the local setting and to secure a high quality development in accordance with the NPPF and policies SD1, EQ2 and EQ3 of the South Somerset Local Plan, 2006.

 

04.    No development hereby permitted shall be commenced unless details of a scheme for the management of surface water have been submitted to and approved in writing by the Local Planning Authority. Once approved, the scheme shall be fully implemented prior to occupation of the development and thereafter retained and maintained.

 

Reason: In the interests of sustainable development and appropriate management of surface water in accordance with the aims of the NPPF.

 

05.    The access to the site shall be from Church Street as shown on the submitted plans reference LP1 and BZ1, as agreed by email on 24 May 2018.

       

        Reason: In the interests of clarity and to safeguard the character and appearance of the area.

 

06.    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: In the interests of safeguarding any archaeological remains on the site and to accord with the aims of the NPPF and Policy EQ3 of the South Somerset Local Plan.

 

07.    Prior to commencement of this planning permission, demolition of existing structures, ground-works, heavy machinery entering site or the on-site storage of materials, a scheme of tree protection measures, including protective fencing and signage; shall be installed and made ready for inspection. The locations and suitability of the tree protection measures shall be inspected by a representative of the Council (to arrange, please call 01935 462670) and confirmed in-writing by the Council to be satisfactory prior to commencement of the development. The approved tree protection requirements shall remain implemented in their entirety for the duration of the construction of the development and the protective fencing/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) in accordance with the following policies of The South Somerset Local Plan (2006 - 2028); EQ2: General Development, EQ4: Bio-Diversity & EQ5: Green Infrastructure.

 

08.   The residential component of development hereby approved shall comprise no more than 1 dwelling.

 

Reason: To ensure that the level and density of development is appropriate to the location and commensurate with levels of contributions sought in accordance with policies SS6, EQ2, EQ3, EQ4 and EQ5 of the South Somerset Local Plan (2006-2028) and the aims of the NPPF.

 

Informatives:

 

01.   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

 

(Voting: 7 in favour, 4 against, 2 abstentions)

 

Supporting documents: