Agenda item

Planning Application 17/04121/FUL - Mill Lane Farm, Mill Lane, Somerton

Minutes:

Proposal: Alterations to include demolition of 2 No. buildings and the erection of 1 No. dwelling (live / work unit).

The Area Lead presented the application and updated members that agent details were incorrectly shown on the printed agenda and advised of the correct details. Members were informed that comments had now been received from the SSDC Ecologist who was satisfied with the proposal subject to a condition for mitigation measures regarding bats. He explained the reasons for the officer recommendation of refusal, and noted the proposal was for a quite a large live / work unit, and that in the past some of these types of set up had failed elsewhere.

The agent addressed members and noted the proposal was for a new dwelling on the site of an existing steel barn and the design proposed used some of the style. He commented that the key to the application was whether the barn was suitable for conversion, and referring to the works required, he felt with some repairs the barn could be converted. He noted similar proposals had been approved elsewhere in the district, and he considered that with repairs the conversion would meet Class Q permitted development.

Prior to discussion, the Area Lead advised members that the officer opinion was the proposal did not meet the criteria for a Class Q conversion.

Ward member, Councillor Stephen Page, noted that had the applicant entered into pre-application advice some of the issues may have been addressed. He see reasons for and against the proposal.

Ward member, Councillor Dean Ruddle, disagreed with officer comments and noted that very nearby there were large industrial units with businesses, and referred to the history of the site and why the buildings were now redundant. He noted the site was within an easy walk to the town centre and he felt the proposal would tidy up the site.

During a short discussion varying views were expressed including:

· Struggle with the live / work use as seen several times before that the set up works for the initial occupier but it can then be difficult to sell on.

· This is a brownfield site and within walking distance of facilities.

· Could argue about the Class Q aspect.

· Feel this is in the wrong place and not of an appropriate design for the location.

· Site needs tidying up.

· Acknowledge doesn’t look attractive, but need to give it a try as people keep asking for places to work in the district.

It was initially proposed to approve the application, contrary to the officer recommendation, due to the proposal being considered acceptable, will tidy up the site, provide employment, and not be detrimental. There was a later a counter proposal made to refuse the application, as per the officer recommendation.

The Area Lead suggested the wording for the justification, if approved, and advised that conditions would be required for:

· Time limit

· Approved plans

· Ecology

· Non-fragmentation

· Materials

· Drainage

· Parking and turning

A vote was taken first on the initial proposal to approve the application, contrary to the officer recommendation, and this was carried 6 in favour, 5 against with 1 abstention, and the counter proposal fell.

RESOLVED:

That planning application 17/04121/FUL be APPROVED, contrary to the officer recommendation, subject to the following:

Justification:

The proposed development is considered to represent a sustainable form of development and providing employment opportunities, it will improve the visual appearance of the site, provide a safe means of access nor harm residential amenity. The scheme will be in accordance with the Polices SD1, EP7, TA5, TA6, EQ2 and EQ4 of the South Somerset Local Plan and the NPPF.

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 approved shall be carried out in accordance with the following approved plans: Drawing numbers : 965 003 D, 965 044 B, 500/001 965/004 A, 965/030/040/041/042A/043/044/045/050.

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

03. The development shall not commence (including any demolition) until there has been submitted to and approved in writing by the Local Planning Authority, full details of a Bat Mitigation Plan detailing timing restrictions and protective measures to avoid, mitigate and compensate for harm to bats and their roosts. The works shall be implemented in accordance with the approved details and timing of the mitigation plan and method statement, as modified to meet the requirements of any 'European Protected Species Mitigation Licence' issued by Natural England, unless otherwise approved in writing by the local planning authority.

Reason: For the conservation and protection of species of biodiversity importance in accordance with NPPF and Policy EQ4 of the South Somerset Local Plan, and to ensure compliance with the Wildlife and Countryside Act 1981 and The Habitats Regulations 2017.

04. The development hereby permitted shall not be commenced until particulars of the materials (including the provision of samples where appropriate) to be used for external walls and roofs have been submitted to and approved in writing by the Local Planning Authority.

Reason: To protect the amenity of the area to accord with Policy EQ2 of the South Somerset Local Plan.

05. Before the development hereby permitted is commenced, foul and surface water drainage details to serve the development, shall be submitted to and approved in writing by the Local Planning Authority and such approved drainage details shall be completed and become fully operational before the development hereby permitted is first brought into use. Following its installation such approved scheme shall be permanently retained and maintained thereafter.

Reason: To ensure that the development is satisfactorily drained to accord with the NPPF.

06. The dwellings hereby permitted shal not be first occupied until the approved parking spaces have been contructed and surfaced to the written satisfaction of the Local Planning Authority. The said spaces shall thereafter be kept clear of obstruction and not used other than for the parking of vehicles.

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

07. The development hereby approved shall not be occupied until the vehicular access and visibility splays have been fully constructed and provided in accordance with the approved plans.

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

08. The workplace unit hereby approved shall be occupied only for purposes ancillary to the residential use of the dwelling known as Mill Lane Farm.

Reason: To ensure that the site remains as 1 planning unit.

Informatives:

01. The applicant's attention is drawn to the advice provided by the Environmental Health Officer, dated 27th October 2017, in regard to the proximity to a landfill site.

(Voting: 6 in favour, 5 against, 1 abstention)

Supporting documents: