Agenda item

Planning Application 18/01927/FUL - Land South of Giffords Orchard, Stembridge

Meeting of Area North Committee, Wednesday 26th September 2018 3.00 pm (Item 70.)

Minutes:

Proposal: The erection of 5 dwellings.

The Planning Officer presented the report as detailed in the agenda and highlighted the key considerations. He explained that the principle of the development was acceptable and the design, scale and appearance of the properties respected the character of the area and would sit appropriately within the local rural setting. The orchard to the south protected by a Tree Perseveration Order would assist with keeping the landscape character of the area. The proposal would not cause unacceptable harm to residential amenity and there would be no adverse impact on highway safety. He advised that the surface water run off issue would be appropriately addressed by condition and recommended approval of the application subject to conditions.

Four members of the public made comments in objection to the proposal. Points raised included:

· The proposal does not comply with the requirements of Local Plan Policy SS2;

· Insufficient public transport;

· Development not accessible by public footpath;

· The scheme would increase the risk of flooding;

· Local infrastructure was insufficient

· Inadequate drainage;

· Loss of outlook from existing properties;

· Over dense development;

· Dwellings would not be affordable;

· No additional employment opportunities or enhancement of local services;

· Lack of consultation and support from local community

The Applicant informed members that the proposed site was part of a small holding that he had farmed for many years as an intense commercial cider apple orchard. The orchard had well exceeded its productive lifespan and was no longer commercially viable. He confirmed that he had held pre-application discussions and attended the Parish Council prior to submitting his application. He noted that the representations only represented nine households and that the vast majority of local residents had raised no objections. He commented that the site was within a sustainable location and there were no objections from statutory organisations.

The Applicant’s Agent advised that the proposal was a result of detailed pre-application discussions and that the concerns raised by local residents had been considered. She confirmed that the road water run off would be dealt with by an appropriate drainage scheme rather than a soakaway. The development was in line with Policy SS2 and located within a sustainable location. In terms of residential amenity, there would be no unacceptable loss of privacy, loss of light or issues with overbearing. In respect of highway safety, the proposed access was acceptable by the Highway Authority and parking provisions exceeded parking strategy requirements.

Ward Member, Councillor Derek Yeomans referred to Policy SS2 and commented that the development did not provide employment opportunities or create or enhance community facilities and there was no housing requirement identified for the site. He noted that it was one mile to the school, which was already full, with no pavements, and over two miles to the centre of Kingsbury Episcopi to access facilities. He raised a number of concerns in relation to flooding, the height of the site and road water runoff. He noted that the road to the site was private and would not be adopted by the Council and there would be a charge for the maintenance and upkeep of the road which would make the properties less attractive to prospective buyers.

During discussion, some members supported the views of the Ward Member and were unable to support the application for the following reasons:

· Visual impact of the development;

· Risk of flooding;

· No public footpath to the Primary School;

· Unsustainable location;

· Lack of public transport;

· Development not in keeping with the rural area;

· Overdevelopment;

· Appalling way in which the trees had been removed.

Members in support of the application made the following points:

· There were no objections from statutory organisations;

· An appropriate drainage scheme could be achieved by condition;

· It was unfortunate that the apple trees had been removed by the applicant but they were his trees and had originally been planted as part of a business;

· There were no reasons to refuse the application;

· Nobody was entitled to a view;

· The site was within a sustainable location;

· The proposal would not cause unacceptable harm and the distance between the properties was in excess of 27 metres.

It was proposed and seconded to refuse the application on sustainability grounds. The Area Lead Planner suggested appropriate wording and this was supported by members. However on being put to the vote the proposal was lost by 5 votes in favour and 7 votes against.

It was subsequently proposed and seconded to approve the application as per the Planning Officer’s recommendation as outlined in the agenda report. On being put to the vote the proposal was carried by 7 votes in favour and 5 against. Cllr. Adam Dance requested his vote against the application to be recorded.

RESOLVED:

That Planning Application No. 18/01927/FUL be APPROVED as per the Planning Officer’s recommendation for the following reason:

01. The proposal reason of size, scale and materials, is acceptable as it respects the character of the site and its surroundings, and has no detrimental impact on local ecology, local flood risk, residential amenity or highway safety. As such, the proposed development is considered to accord with the aims and objectives of policies SD1, TA5, TA6, EA1, EQ2 and EQ4 of the South Somerset Local Plan and the aims and objectives of the NPPF.

SUBJECT TO THE FOLLOWING:

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 following approved plans: 6753-01, 6753-02, 6753-03, 6753-04, 6753-05, 6753-06 and 6753-07.

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

03. No work shall be carried in respect to the construction of the external surfaces of the dwellings hereby permitted unless details of materials (including the provision of samples) to be used for the external walls and roofs, have been submitted to and approved in writing by the Local Planning Authority. Such details shall include finish of the roof verges, and the provision of a sample panel of new stonework for inspection on site. Once approved such details shall be fully implemented and thereafter shall not be altered without the prior written consent of the Local Planning Authority.

Reason: In the interests of visual amenity, in accordance policy EQ2 of the South Somerset Local Plan (2006-2028) and the aims and objectives of the National Planning Policy Framework.

04. No work shall be carried in respect to the installation of any windows (including any roof lights) and doors, unless details of the recessing, materials and finish have been submitted to and approved in writing by the Local Planning Authority. Once approved such details shall be fully implemented as such.

Reason: In the interests of visual amenity, in accordance policy EQ2 of the South Somerset Local Plan (2006-2028) and the aims and objectives of the National Planning Policy Framework.

05. 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 scheme of tree and hedgerow protection measures 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 (specifically the fencing and signage) shall be installed and made ready for inspection. A site meeting between the appointed building/groundwork contractors and a representative of the Council (to arrange, please call: 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 a representative of the Council and confirmed in-writing by the Council to be satisfactory prior to any commencement of the development (including groundworks). The approved tree and hedgerow protection requirements shall remain implemented in their entirety for the duration of the construction of the development 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 policy EQ2, EQ4 and EQ5 of the South Somerset Local Plan (2006-2028) and the aims and objectives of the National Planning Policy Framework.

06. No works shall be undertaken until there has been submitted to and approved in writing by the Local Planning Authority, a scheme of tree and shrub planting. Such a scheme shall confirm the use of planting stock of UK-provenance only, the planting locations, numbers of individual species, sizes at the time of planting, details of root-types or grafting and the approximate date of planting. The installation details regarding ground-preparation, weed-suppression, staking, tying, guarding and mulching shall also be included in the scheme. All planting comprised in the approved details shall be carried out within the next 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 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 of new trees and shrubs, in accordance policy EQ2, EQ4 and EQ5 of the South Somerset Local Plan (2006-2028) and the aims and objectives of the National Planning Policy Framework.

07. The applicant shall ensure that all vehicles leaving the site are in such condition as not to emit dust or deposit mud, slurry or other debris on the highway. In particular (but without prejudice to the foregoing), efficient means shall be installed, maintained and employed for cleaning the wheels of all lorries leaving the site, details of which shall have been agreed in advance in writing by the Local Planning Authority and fully implemented prior to the commencement of construction of the dwellings hereby approved, and thereafter maintained until the construction works discontinue.