Agenda item

Application Proposal: Outline planning application for a mixed-use development comprising the erection of up to 65 dwellings and convenience store (Class A1), community hub (Class B1); and associated access and landscaping works on land at Station Road with access and associated works.

The Planning Officer presented the application as detailed in the agenda and clarified to members the reason for the application being referred to Committee as set out in his agenda report.  He told members that the applicant had since responded to the requests from Milborne Port Parish Council proposing a change to the scheme regarding the community hub building.  The developer has given the option to either relinquish the land to the Parish Council or alternatively the developer constructs a 100 metre community hub building to be let back to Milborne Port Parish Council at a peppercorn rent for an agreed minimum term.

He also updated members that:

·         Received an email, which members of the committee had also received, which was critical of his report, however he stood by his comments and recommendation as set out in the agenda report.

·         Two further emails had been received expressing concern regarding the fire risk and water pressure in the area.

·         Received email reiterating concerns already raised as set out in the agenda report.

·         Milborne Port Parish Council had also requested that should the proposal for a convenience store not be forthcoming the building would be marketed to find a suitable alternative intended for commercial/retail use.  He confirmed the applicant had agreed with this request.

·         Received a further letter of objection from the CPRE (Campaign to Protect Rural England).

With the aid of a power point he proceeded to give a comprehensive presentation showing the site and proposed plans including proposed access arrangements, outline drainage and landscape plans.

The Planning Officer referred to the key considerations with this application being the principle of development, scale of development, highways, visual amenity, residential amenity, ecology, flooding and drainage, fire risk and planning balance.  He considered that although approval of this development would take the number over the target figure set for this area, this is a minimum figure set and would still lie short off the next tier of the settlement hierarchy. 

He also confirmed no objections had been received from statutory consultees, considered the proposed scheme to be of an acceptable design and density for the area and although there was specific concern locally regarding fire risk due to low water pressure Devon and Somerset Fire and Rescue Service had been consulted and have raised no concerns.

In conclusion the Planning Officer considered the benefits to this scheme including a shop, land for Community Hub, village square and improvements to the highways outweigh the adverse impacts and therefore after considering all of the responses and advice, as outlined in the agenda report, his proposal was to approve the application subject to a Section 106 legal agreement and conditions as set out in the agenda report.

In response to members’ questions the Planning Officer and Senior Planning Advisor explained:

·         The requirements of the Local Plan settlement hierarchy and the various policies to be considered when minimum target figures are met.

·         Should this application be approved this would not automatically change the assignment of the rural centre, only at the review of the local plan would any amendments be made.

·         Confirmed the government had raised a consultation paper to review housing statistics figures however no decision has yet been made regarding this.

Councillor Sarah Dyke, Ward member then spoke and raised several comments regarding the application including:

·         Appreciated that the developer had sought to engage the local community at an early stage and amended their application to include various requests from the local parish council.

·         Acknowledged that public consultation was well supported by the local community and continues to do so such is the evidence of representation to this application.

·         Significant over development and would push Milborne Port into the higher tier of the settlement hierarchy and this development would far exceed the level of growth for a rural centre.

·         Milborne Port lacked the necessary local services and employment opportunities for this proposed development.

·         Requested that should the shop not become a viable option a suitable economic alternative usage be sought.

·         Believed the shop, community hub and public centre area are the main attractions of this application and need to ensure these elements are retained should this application be approved.

A representative of Milborne Port Parish Council then addressed the committee and appreciated the changes made by the developer in this application.  He said the Parish Council consider this application to be the preferred option over the application at Station Road which is currently at appeal.  He also reiterated the request that should the proposal for a convenience store not be forthcoming the building would be marketed to find a suitable alternative intended for commercial/retail use.  He also felt the proposed 1.5 metres width of pavement to be inadequate and that the request to install a footway of 2 metres should be met in order to ensure the highway safety of pedestrians.

Seven members of the public spoke in objection to the application. Their comments included:

·         Bat survey has identified endangered species and highly vulnerable at this time, therefore a comprehensive bat survey should be carried out to provide a clearer picture and to ensure there is no significant impact on ecology and biodiversity.

·         Loss of hedgerows would have significant impact on providing habitats to wildlife every year.

·         Three infill sites now allocated for development in Milborne Port which exceeds the target allocated in the local plan and therefore damage to settlement hierarchy.

·         SSDC’s inability to provide a five year land supply should not compromise other more suitable or sustainable sites when available and that the recent revised national guidelines within the National Planning Policy Framework (NPPF) should be considered.

·         Application contravenes local policy and pushes Milborne Port into next tier of the settlement hierarchy.

·         Increased fire risk due to insufficient water pressure to meet the Fire Services requirements and that the Fire Service acknowledged low water pressure was still a problem in the area.

·         Proposed increase in footpath width to 1.5 metre is not satisfactory and would have a significant impact on the safety of pedestrians accessing the site.  To say this is ‘better than at present’ is not acceptable and does not meet the current recommendations for safe footpaths.

·         Access issues should be considered and agreed now at outline approval rather than at reserved matters stage.

·         Believed the SSDC Tree Officer concerns regarding the loss of trees had been disregarded, as the planting new of trees cannot adequately compensate for the loss to the environment.

·         Concerns regarding flood risk due to replacement of agricultural field with hard surface increasing the surface water run-off only increase the flooding risk and eventually placing a risk on the nearby A30.

·         Appreciate the work undertaken to provide an acceptable scheme, however do not believe the advantages outweigh the disadvantages of the scheme.

·         Risk that proposed social housing could be withdrawn at any time.

·         Loss of valuable agricultural land.

·         Local concerns should be managed and considered now at outline approval rather than at reserved matters stage.

The Agent then spoke in support of the application.  He said this application would not change the status of Milborne Port as a rural centre for the remainder of the local plan and referred to the Planning Inspector comments regarding appeal in Martock where policy SS5 be given modest weight as the Council could not demonstrate a 5 year land supply and target figures are only to be considered a minimum. He felt the Area East Committee’s reasons to refuse the application were not feasible and that the committee had not given sufficient weight to the benefits of the scheme.    He said all technical matters have been addressed and resolved by the applicant with no objections left outstanding.  He concluded that the scheme represents a rounding off of the settlement with no landscape impact and was a good mixed use scheme which will deliver a wide range of benefits including contributing to housing supply.

The Applicant then addressed the committee and voiced disappointment that since the application had been submitted and following many discussions to resolve issues raised, the Parish council still sought to refuse the application.  She understood this site was recognised as the most sustainable location within Milborne Port and would provide much needed community infrastructure.   They had already begun to formally market the retail store and were committed to finding suitable economic usage should the convenience store not come forward.  She confirmed the applicant was also committed to building the community hub and believed the proposal was an excellent mixed use scheme providing many benefits to the local community.  The scheme also provided generous amounts of green open space with good linkage to other local facilities whilst also improving the road layout and highway safety.

The Planning Officer referred members to a recent appeal decision for a housing scheme at Henstridge and although not entirely the same, felt it was pertinent to this application for the purpose of the skewing of the settlement hierarchy.  He confirmed the appeal had been allowed and summarised the planning inspector’s comments who considered the proposal would not prejudice the overall settlement hierarchy and therefore given limited weight that does not outweigh the benefits of the scheme.

During discussion, members raised several comments with regard to the application.  These included:

·         This application has a lot to offer Milborne Port with many of the requests from the Parish Council met by the developer to secure the wishes of the local community.

·         Believed there was an element of support from the Parish Council and considered this a good scheme that would benefit Milborne Port.

·         Need to ensure that should the convenience store not be forthcoming the building would be marketed to find a suitable alternative intended for commercial/retail use.

·         Some development was needed to sustain and enhance the village.

·         Acknowledged all statutory consultees had raised no objections to the proposal and therefore cannot see any substantial reason to refuse the application.

·         Should permission be granted, consideration of ‘a local connection first’ policy regarding affordable housing would be dealt with by Homefinder Somerset.

·         Believed the shop, community hub and public centre area are the main attractions of this application and need to ensure these elements are retained should this application be approved.

·         This development would upset the settlement hierarchy and push Milborne Port into another level without the provision that goes with it.

·         Does not provide evidence and demand for the growth proposed such as lack of employment opportunities, enhancement of local facilities and therefore does not add sustainability to the village in comparison to other larger villages within the district.

·         Voiced frustration that small communities are being ruined by development being forced upon them.

·         Appreciate concerns raised, however we need to adhere to government policy and the requirements set.

·         Should the application be approved assurance be given that the convenience store and proposed footpaths are specifically detailed at reserve matter stage.

Following a short discussion, it was then proposed and subsequently seconded that planning permission be approved as per the officer’s recommendation as set out in the agenda report. On being put to the vote this was carried by 9 votes in favour, 4 against and 0 abstentions.

RESOLVED:

That application 17/03985/OUT be approved subject to the following:

The prior completion of a section 106 agreement or unilateral undertaking (in a form acceptable to the Council's solicitor(s)) before the decision notice granting planning permission is issued to:-

1)    Secure at least 0.25 hectares of public open space on site to the satisfaction of the SSDC Streetscene Services manager

2)    Ensure at least 35% of the dwellings are affordable with a tenure split of 80:20 in favour of social rented accommodation over other intermediate types, to the satisfaction of SSDC Strategic Housing. MEMBERS MAY WISH TO CONSIDER THE USE OF A LOCAL CONNECTION FIRST POLICY AS REQUESTED BY THE PARISH COUNCIL.

3)    Secure a contribution of £3,010 per dwelling towards the provision of outdoor playing space, sport and recreation, to the satisfaction of SSDC Community, Health and Leisure Service

4)    Secure a contribution of £5,233.85 per dwelling towards primary school and early years places to the satisfaction of Somerset County Council.

5)    Secure the provision of a village square and its transfer, along with a commuted sum towards its ongoing maintenance, to the parish council or suitable alternative body to the satisfaction of the SSDC Lead Specialist - Planning.

6)    Ensure that serviced land, with pedestrian and vehicular access, for a 100 square metre community hub is ceded to the parish council free of any land contamination issues and/or archaeological constraints and without any on-going financial responsibility for any unadoptable road.

Or:

Ensure the developer constructs a 100 square metre community hub building to be let to Milborne Port Parish Council at a peppercorn rent for an agreed minimum term. Such provision subject to Milborne Port Parish Council preparing, within 6 months of the date of the grant of outline planning permission, a business plan that demonstrates the function of the community hub, how it will be operated, financed, and managed.

For the following reason:

01.       The principle of development is considered acceptable as the identified harm does not significantly and demonstrably outweigh the benefits of the scheme. The proposed development of the site would respect the character of the area, with no demonstrable harm to the setting of nearby listed buildings, highway safety, flood risk and drainage, protected species, or residential amenity. As such the proposal complies with local plan policies SD1, SS1, TA5, TA6, HG3, EQ2, EQ3 EQ4, and HW1, and the aims and objectives of the NPPF.

SUBJECT TO THE FOLLOWING:

01.       Details of the appearance, landscaping, layout, and scale of the residential and non-residential development hereby permitted (hereinafter called 'the reserved matters') shall be submitted to and approved in writing by the local planning authority before any development of each phase begins and the development shall be carried out as approved.

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

02.       Application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission. The development hereby permitted shall begin no later than two years from the date of approval of the last of the reserved matters to be approved.

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

03.       The development hereby permitted shall be carried out in accordance with the following approved plans: 13224/1300C dated 18 December 2017 on the council website and the access arrangements shown on drawing A095614-SK10 dated 27 June.

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

04.       There shall be no obstruction to visibility greater than 300 millimetres above the adjoining road level such that forward visibility of at least 22 meters is provided along the re-aligned section of Wheathill Lane in accordance with a plan to be submitted to and approved in writing by the Local Planning Authority.  Such visibility shall be provided prior to the occupation of any part of the development hereby permitted and shall thereafter be maintained at all times.

            Reason: In the interests of highway safety and in accordance with policy TA5 of the South Somerset Local Plan.

05.       No work above damp course level on any dwellings on site shall commence until the pedestrian and cycle desire lines to and within the proposed development, and measures to cater for these movements, have been identified within an Access and Movement Parameter Plan, to be submitted to and approved in writing by the Local Planning Authority.  Any measures identified in the Access and Movement Parameter Plan shall be fully constructed in accordance with an approved plan and specification before any part of the development is first brought into use.

            Reason: In the interests of highway safety and in accordance with policy TA5 of the South Somerset Local Plan.

06.       No work shall commence on the highway works hereby approved until details of these works have been submitted to an approved by the local planning authority. Such highway works shall then be fully constructed in accordance with the approved plan, to an agreed specification, before the first occupation of any of the development hereby approved.

            Reason: In the interests of highway safety and in accordance with policy TA5 of the South Somerset Local Plan.

07.       No work above damp course level on any dwellings on site shall commence until a detailed Travel Plan has been submitted to an approved in writing by the Local Planning Authority. No part of the new development shall be occupied prior to implementation of those parts identified in the approved travel plan as capable of implementation prior to occupation. Those parts of the approved travel plan that are identified therein as capable of implementation after occupation shall be implemented in accordance with the timetable contained therein and shall continue to be implemented as long as any part of the development is occupied.

            Reason: In the interests of highway safety and sustainable development and in accordance with policies SD1 and TA5 of the South Somerset Local Plan.

08.       The development hereby permitted shall not commence until a construction environmental management plan has been submitted to an approved in writing by the local planning authority. The works shall be carried out strictly in accordance with the approved plan. The plan shall include:

-        Construction vehicle movements

-        Construction operation hours

-        Construction vehicular routes to and from site

-        Construction delivery hours

-        Expected number of construction vehicles per day

-        Car parking for contractors

-        Specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice

-        Measures to avoid traffic congestion impacting upon the road network

-        Details of appropriate wildlife mitigation measures (including reptiles and badgers)

            Reason: In the interests of highway safety and residential amenity and in accordance with policies EQ2, TA5 and TA6 of the South Somerset local plan.

09.       In order to promote and support the provision of the convenience store hereby approved, within three months of the date of this permission, a marketing strategy shall be submitted to the LPA. The agreed marketing strategy be implemented in full and in accordance with the timescales therein.

            Reason: In the interests of securing proposed benefits of the scheme and in accordance with the aims and objectives of the NPPF.

10.       No development shall be commenced until details of the surface water drainage scheme based on sustainable drainage principles together with a programme of implementation and maintenance for the lifetime of the development have been submitted to and approved in writing by the Local Planning Authority.  The drainage strategy shall ensure that surface water runoff post development is attenuated on site and discharged at a rate and volume no greater than greenfield runoff rates and volumes.  Such works shall be carried out in accordance with the approved details.

            These details shall include: -

-      Details of phasing (where appropriate) including the provision and maintenance of any temporary drainage provision during construction phase and any other subsequent phases.

-      Detailed calculations demonstrating that runoff from the development will not exceed greenfield runoff rates for all events up to and including the 1 in 100 year (+40% climate change). This should include information about the design storm period and intensity, discharge rates and volumes (both pre and post development).  We would expect the developer to use FEH methodology and rainfall data.

-      Flood water exceedance routes both on and off site, note, no part of the site must be allowed to flood during any storm up to and including the 1 in 30 event, flooding during storm events in excess of this including the 1 in 100yr (plus 40% allowance for climate change) must be controlled within the designed exceedance routes demonstrated to prevent flooding or damage to properties and/or the highway.

-      Any works required off site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing culverts and headwalls or removal of unused culverts if and where relevant). This should include evidence of a formal agreement with Wessex Water (or other relevant parties) for the requisition of new sewer to include details of land ownership and access, size, capacity and route of the new sewer and point of connection.

-      Demonstration of the utilisation of appropriate and effective SUDS techniques for the collection, delay/control, conveyance, storage and treatment of surface water to prevent flooding and in addition to provide wider environmental, pollution prevention and amenity benefits. Construction and implementation details will also be required, including relevant drawings and cross sections.

-      A management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by an appropriate public body or statutory undertaker, management company or maintenance by a Residents' Management Company and / or any other arrangements to secure the operation and maintenance to an approved standard and working condition throughout the lifetime of the development

            Reason: To ensure that the development is served by a satisfactory system of surface water drainage and that the approved system is retained, managed and maintained in accordance with the approved details throughout the lifetime of the development, in accordance with paragraphs 163 and 165 of the National Planning Policy Framework (July 2018) and Technical Guidance to the National Planning Policy Framework.

11.       The development hereby permitted shall be constructed so as to provide a sealed system of foul water drainage.

            Reasons: To prevent groundwater infiltration into the foul sewer network affecting service levels to public sewer systems.

12.       The reserved matters application shall include full details of proposals for the incorporation of features to enable the enhancement of biodiversity as recommended in the submitted ecology statement.

            Reason: For the enhancement of biodiversity in accordance with the NPPF.

13.       Prior to the removal or works to any tress, a bat roost assessment shall be undertaken by an appropriately qualified person (a licenced bat consultant), and submitted for approval in writing by the local planning authority. The assessment may need to be supplemented by a bat emergence survey undertaken in the period of May to September. Any mitigation or precautionary measures recommended by the consultant and deemed necessary for the avoidance of harm, mitigation or compensation, and necessary for compliance with the relevant wildlife legislation, shall be implemented.

            Reason: To protect legally protected species of recognised nature conservation importance in accordance with Policy EQ4 of the South Somerset Local Plan, the Habitats Regulations 2010, and the Wildlife and Countryside Act 1981 (as amended).

14.       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 phased 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 arboricultural consultant, 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 existing landscape features (trees and hedgerows) in accordance with the Council's policies as stated within The South Somerset Local Plan (2006 - 2028); EQ2: General Development, EQ4: Bio-Diversity & EQ5: Green Infrastructure.

15.       The development hereby approved shall include no more than 65 units of residential accommodation.

            Reason: To ensure the density of the proposed development is appropriate to the context in accordance with policy EQ2 of the South Somerset Local Plan.

Informatives:

01.       The applicant is reminded of the need to include wildlife mitigation measures (including reptiles and badgers) in the Construction Environmental Management Plan (CEMP) required by condition 08.

02.       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

03.       Notwithstanding the submitted indicative layout, the developer should be aware that the LPA would expect the submission of an analysis of the impact of the proposal on existing parking arrangements in and around the site, including the impact of any likely traffic regulation orders, to be submitted as part of any detailed planning application. It is expected that any detailed layout will accommodate suitable parking provision for any parking (including on-street parking) likely to be displaced from existing dwellings.

04.       The developer should be aware that the LPA would expect any detailed application scheme to include suitable provision for potential future vehicular access into the field immediately to the east of the site in case of future development in this direction. The potential would need to be for future access at full adoptable standard.

(voting: 9 in favour, 4 against, 0 abstentions)