Agenda item

Application Proposal: The erection of 5 no. dwellings and formation of new vehicular access.

The Area Lead Planning Officer presented his report to members. He explained that the application was for 5 dwellings. Using a PowerPoint presentation, he provided images to the proposed plans as well as photographs of the site, to include photos of the access to the site. He also advised that the property on the opposite side of the road was a grade II listed building as well as the boundary wall, which fronted the road. 

He explained to members that the design and materials proposed were of a high standard and suggested that there would be no adverse impacts on residential amenity. He added that the proposed layout avoids overlooking issues.

A member of the PC addressed members. He advised that the residential development on the neighbouring green field site had been approved in 2012 as an exception. He explained that Babcary was categorised by having green space and that approval of this application would open the floodgates for development on other green field sites in the village. He also explained that the proposal did not meet the criteria for meeting policy SS2 and pointed out the only facilities in the village were a pub, a church and a playing field. He explained that there were no shops, jobs or transport facilities. He added that the new dwellings would not benefit young families in the village and did not support the Babcary housing need.

A local resident addressed the Committee and spoke in support of the application. He felt that the proposal was very suitable for the area, in terms of both quality and density. He suggested that the homes would attract families and welcomed bungalows as there were very few in the village. He added that the site currently looked untidy and incomplete.

The agent addressed the Committee. He advised members that Babcary had four key services and therefore met the requirements of Policy SS2.

He explained that he had support of the local residents as well as support from the Planning Officer and Conservation Officer. He also pointed out that the proposal provided a footpath into the site and bungalows; highlighting that there were currently no bungalows in the village. He added that local materials would be used in construction and that high quality builders would be used.

Councillor Henry Hobhouse (Ward Member) advised that in 2012, the developer of the land, promised that this land would be maintained for animal grazing only. He felt that this was not a bad proposal, but would have preferred the land retained as grazing land as promised. 

Councillor Nick Weeks (also Ward Member) felt that the proposal did not meet the requirements of Policy SS2 as the community, namely the Parish Council as the voice of the community, did not support the application.

The Area Lead Planning Officer advised members that he had not stated that the proposal met the requirements of Policy SS2. He explained that the Policy was out of date as the Council did not have a five-year land supply and that the impacts of the proposal were carefully considered before reaching a recommendation to approve the application.

Another member commented that the developer had been trusted in promising that the land would be used only for grazing of animals and found it difficult to support the proposal, however commented that the design was appropriate for the village.

The Senior Planning Advisor clarified that design, materials, density and the current function of the open space were all considered by the Planning Officer

One member commented that the word of a developer could not be legally binding and proposed that the application be approved as per the agenda report. This was subsequently seconded by another member.

Before the vote was taken, members sought clarification over the position of the proposed footpath. The Planning Officer pointed out the footpath on the proposed layout plan. He agent also commented that a footpath was included within the proposal.

Members also discussed the requirement for an electric car charging point.

Following this further discussion, the proposer and seconder agreed that additional conditions should be added to the conditions recommended in the agenda report, to ensure the provision of a footpath without any steps and an electric car charging point for each dwelling.

On being put to the vote, this was carried 7 votes in support, with 1 vote against and 2 abstention.

RESOLVED:  that planning application 18/01883/FUL be approved as per the agenda report, subject to additional conditions to ensure the provision of a footpath, without steps as indicated on the layout plan and the provision of an electric car charging point for the dwelling for the following reason;

01.       The proposed development would represent a sustainable form of development in keeping with the character and scale of the rural settlement of Babcary and would help to meet housing need and support local services by the addition of five new dwellings. The new dwellings are also considered acceptable in this location by reason of their size, scale, materials proposed and that it causes no demonstrable harm to residential amenity or highway safety. It is in accordance with policies SD1, SS1, EQ2, EQ3, TA5, and TA6 of the South Somerset Local Plan and the aims and provisions of 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 permitted shall be carried out in accordance with the following approved plans: S5758/100A and S5758/101A received 21st August 2018 and S5758/102 received 14th June 2018.

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

03.       No work shall be carried out on site until details of the following have been submitted to and approved in writing by the Local Planning Authority: all means of enclosure (fencing, walls / gates); all proposed surfacing (finish of the footpaths and including kerbing materials); materials to be used on the external faces of the dwellings hereby approved (to include lintels, window framing materials, rainwater goods and porches). The development shall thereafter be undertaken in accordance with the approved details unless written consent to any variation is provided by the Local Planning Authority.

            Reason: In the interests of visual amenity and in accordance with Policies EQ2 and EQ3 of the adopted South Somerset Local Plan (2006 - 2028).

04.       A scheme of landscaping for the development hereby approved shall be submitted to and approved by the Local Planning Authority. This should include details of all plants and shrubs to be used as well as the details of the proposed species and size at time of planting of proposed hedging plants and trees. The proposed landscaping of the site shall be carried out in accordance with approved details unless any variation to this is agreed is writing by the local planning authority. The details of planting shall be carried out in the first planting / seeding season following the occupation of the building or the completion of development, whichever is the sooner, and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

            Reason: In the interests of visual amenity in accordance with policies EQ2 and EQ3 of the South Somerset Local Plan.

05.       The areas allocated for car parking and turning on the site plan S5758/100A received 21st August 2018, shall be fully provided before the dwellings hereby permitted are first occupied and shall be kept clear of obstruction and shall not be used other than for parking and turning of vehicles.

            Reason: In the interests of highway safety and in accordance with Policy TA6 of the adopted South Somerset Local Plan (2006 - 2028).

06.       The development hereby permitted shall not be brought into use until that part of the service road that provides access to it has been constructed in accordance with approved plan S5758/100A received 21st August 2018.

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

07.       In the interests of sustainable development, none of the dwellings hereby permitted shall be occupied until a footpath connection has been constructed within the development site to link to Public Right of Way L2/34 in accordance with approved plan S5758/100A received 21st August 2018.

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

08.       Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 (or any subsequent Order amending or revoking and re-enacting that Order), there shall be no extensions to the dwellings (including dormer windows) on Plots 1 to 5 as shown on approved drawing S5758/100A received 21st August 2018 unless an application for planning permission in that behalf is first submitted to and approved by the Local Planning Authority.

            Reason: To maintain the character and amenity of the locality and in accordance with Policy EQ2 and EQ3 of the adopted South Somerset Local Plan (2006 - 2028).

09.       Notwithstanding the provisions of the Town and Country Planning General Permitted Development Order 1995 (or any subsequent Order amending or revoking and re-enacting that Order), there shall be no further building, structure or other enclosure constructed or placed on Plots 1 to 5 as shown on approved drawing S5758/100A received 21st August 2018 unless an application for planning permission in that behalf is first submitted to and approved by the Local Planning Authority.

            Reason: To maintain the character and amenity of the locality and in accordance with Policy EQ2 and EQ3 of the adopted South Somerset Local Plan (2006 - 2028)

10.       Prior to first occupation of the dwellings hereby permitted, 16amp electric charging points for electric vehicles shall be provided adjacent to the parking spaces or within the garages shown on the approved plans. Sufficient electric charging points for at least one per dwelling shall be provided in this way. Once installed such parking points shall be retained and maintained in working order, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that the development is resilient and sustainable in accordance with Policy TA1 (Low Carbon Travel) of the adopted South Somerset Local Plan and the provisions of the NPPF.

11.       Prior to first occupation of the dwellings hereby permitted, the proposed footways (one linking the parking and turning area to the public footpath to the north of the site and the other linking the parking and turning area to the footway along Main Street), as shown on the submitted plan S5758/100A, will be laid out and made available for unrestricted use by the public. Once laid out and implemented, these footways shall be retained and maintained in good and accessible order and shall remain available for unrestricted use by the public, unless otherwise agreed in writing by the Local Planning Authority

Reason: To ensure that the development is resilient and sustainable in accordance with Policies TA1 (Low Carbon Travel) and TA5 (Transport Impact of New Development) of the adopted South Somerset Local Plan and the provisions of the NPPF.

(Voting: 7 votes in support, with 1 vote against and 2 abstention)