Agenda item

Planning Application 18/00688/OUT - Land South of Church Street, Merriott

Minutes:

Application Proposal: Residential development comprising the erection of up to 50 dwelling houses and formation of access.

 

The Area Lead Planner presented the application as detailed in the agenda and updated members on the following:

 

·         Email received raising concern on the impact on the adjacent single storey dwelling.

·         The site had previously been allocated as a No Development Area. It is understood that this was because the land was being considered for recreation land but this has not materialised.  The No Development Area policy was not taken forward into the new local plan.

·         Letter received referring to the current review of the settlement hierarchy.

·         Response received from the Sport and Leisure team requesting £70,500 toward local facilities and commuted sum of £40,000.

·         Response from SCC education requesting contributions towards Merriott 1st School to mitigate the potential increase in school places.

 

He then presented the application as detailed in the agenda and with the aid of a power point presentation showed the site and proposed plans highlighting the key considerations being the principle of development, scale of development and use of brownfield site.

 

In response to questions, the Area Lead Planner informed members that:

 

·         Acknowledged Merriott was reaching a position where it was having a fair amount of development, however the Housing Needs Survey highlighted a housing need in the area.

·         It was acceptable for the access to be considered as part of the detailed matters stage.

·         Clarified the policies as specified by Area West Committee as reasons for refusal.

 

Ward member, Councillor Paul Maxwell voiced his support of the Area West Committee’s reasons for refusal as set out in the agenda report as believed it worthy to protect the area’s villages and land around it. He said the site was located close to a conservation area and the loss of hedgerows would have a significant impact on this part of the streetscene of Merriott.  He noted the site was a greenfield site and had historically been designated for no development in the Village Plan.  He said Merriott was classed as a rural settlement with development growth now reaching capacity with development now stopped at the Tail Mill site having only sold a few properties.  He believed future development should be delayed until the brownfield site within the village comes forward, there was a low need for housing in the village, the school was already over capacity and there was poor local public transport services to the village.  He believed the development was unstainable and contrary to policy and could not support the application.

 

The Chairman of Merriott Parish Council addressed the committee.  He said the application did not fill any employment requirement, improve local services or demonstrate any housing need.  He said there had been significant growth in the area already which was more than enough and believed the current brownfield site within the village would come forward for development in the near future.  He believed affordable housing had not been demonstrated for local need and that Merriott was classed as a rural settlement.

 

A member of the public addressed the committee and spoke in objection to the application. He noted slow sales on other developments within the village and that this scale of development was too large and would have a significant impact on the limited local facilities and services with 120 houses already having been approved in the village over the next few years.

 

The Agent explained that the local community had been consulted on the application and had done everything possible to engage with the Parish Council.  He noted all statutory consultees had raised no objection to the scheme and there was no substantive evidence to refuse the application.  He understood the brownfield site was not being actively promoted at this time and believed this development to be sustainable and the principle of residential development in this area acceptable.  He felt the development would keep the village sustainable and deliver a footpath link and provide much needed housing for the area.

 

During member’s discussion, several comments were made including: 

 

·         Acknowledged the Parish Council’s responsible approach to development within the village and recognised their reasons for refusal regarding this application.

·         Accepted the brownfield site within the village was not forthcoming for development at this time.

·         Believe the site to be in a sustainable location with Merriott having good local facilities.

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

·         Believe there would be an impact on the local services however there were insufficient planning reasons to refuse the application which they felt would be difficult to defend on appeal.

·         Believes the site sits nicely within the village for much needed affordable housing.

 

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 10 votes in favour, 3 against and 0 abstentions.

 

RESOLVED:

 

That application 18/00688/OUT be approved subject to the following:

 

01.       The proposed scheme will result in a sustainable form of development that would make a valuable contribution towards meeting the Council's housing needs, including affordable housing, would not harm residential amenity, would provide a safe means of vehicular access,  and would not harm ecological interests nor heritage assets. The scheme is in accord with Policies SD1, SS1, SS2, SS5, SS6, HG3, HG5, TA4, TA5, TA6, HW1, EQ1, EQ2, EQ3 and EQ4  of the South Somerset Local Plan and Chapters 2,  8, 12, 14, 15 and 16 of the National Planning Policy Framework.

 

SUBJECT TO THE FOLLOWING:

 

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: To accord with the provisions of Article 4 (Article 5) of the Town and Country Planning (Development Management Procedure) Order 2015.

 

02.       Application for approval of 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.       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.

 

04.       All reserved matters shall be submitted in the form of one application to show a comprehensive and coherent scheme with respect to design, layout, plot boundaries, materials, scale, vehicular and pedestrian access arrangements, drainage and landscaping.

           

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

 

05.       The development hereby permitted shall not be commenced until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of the development, as well as details of any changes proposed in existing ground levels; all planting, seeding, turfing or earth moulding comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the occupation of the building or the completion of the 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: To protect the amenity of the area to accord with Policy EQ2 of the South Somerset Local Plan.

           

06.       The development hereby approved shall be carried out in accordance with the following approved plans:

           

            Drawing numbers: 2526-PL-01 (Location Plan).  

           

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

 

07.       No development shall commence unless a Construction Environmental Management Plan has been submitted to and 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;

            measures to prevent dust, mud or other debris from being deposited on the public highway; 

           

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

            A scheme to encourage the use of Public Transport amongst contactors; and

            Measures to avoid traffic congestion impacting upon the Strategic Road Network.

           

            Reason:  in the interests of highway safety and local amenity to accord with Policies EQ2 and TA5 of the South Somerset Local Plan.  

 

08.       The reserved matters application shall include foul and surface water drainage details to serve the development, to include the details /information as required by the Local Lead Flood Authority in their letter dated 19th April 2018. Before any development commences on site, these drainage details shall have been approved by the Local Planning Authority and 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 in accordance with details submitted and approved.

           

            Reason: To ensure that the site is adequately drained in accordance with the National Planning Policy Framework.

 

09.       The proposed estate roads, footways, footpaths, tactile paving, cycleways, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car, motorcycle and cycle parking, and street furniture shall be constructed and laid out in accordance with details to be approved by the Local Planning Authority in writing before their construction begins. For this purpose, plans and sections, indicating as appropriate, the design, layout, levels, gradients, materials and method of construction shall be submitted to the Local Planning Authority.

           

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

 

10.       The proposed roads, including footpaths and turning spaces where applicable, shall be constructed in such a manner as to ensure that each dwelling before it is occupied shall be served by a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway.

           

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

11.       In the interests of sustainable development none of the dwellings hereby permitted shall be occupied until a network of cycleway and footpath connections has been constructed within the development site in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority.

           

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

 

12.       None of the dwellings hereby permitted shall be occupied until a scheme of street lighting has been installed within the site in accordance with a design and specification to be approved in writing by the Local Planning Authority.

           

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

           

13.       No work shall commence on the development site until an appropriate right of discharge for surface water has been obtained before being submitted to and approved in writing by the Local Planning Authority. A drainage scheme for the site showing details of gullies, connections, soakaways and means of attenuation on site shall be submitted to and approved in writing by the Local Planning Authority. The drainage works shall be carried out in accordance with the approved details, unless otherwise agreed in writing with the Local Planning Authority.

           

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

 

14.       No part of the development hereby permitted shall be occupied or brought into use until the construction of suitable vehicular and pedestrian access to the development has been carried out in accordance with a design and specification to be approved in writing by the Local Planning Authority. The scheme shall be fully implemented in accordance with the approved details prior to first occupation, unless otherwise agreed in writing by the Local Planning Authority.   

           

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

 

15.       No part of the development hereby permitted shall be occupied or brought into use until the construction of a footway on the southern side of Church Street from the existing footway to the east of the site boundary with Church Street, across the site frontage with Church Street and onwards on the south side of Church Street to the junction of Church Street with Newchester Cross has been carried out in accordance with a design and specification to be approved in writing by the Local Planning Authority. This scheme shall be fully implemented prior to first occupation with the approved details unless otherwise agreed in writing by the Local Planning Authority.

           

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

 

16.       Prior to (and within 2 months of) commencement of each significant stage of ground works, an update survey for badger setts will be undertaken by a competent person, and if they are present within 30 metres (including on adjoining land) of the area of activity, the works shall not commence until a method statement for the protection of badgers has been produced and necessary Natural England license have been obtained. The method statement shall be implemented in full.

           

            Reason: For the conservation and protection of legally protected species and to ensure compliance with the Wildlife and Countryside Act 1981, and the Protection of badgers Act 1992.

 

17.       The development hereby permitted shall not be commenced (including any ground works or site clearance) until a survey to determine the presence/absence of slow worms, plus if present, a mitigation plan or method statement detailing measures to avoid harm to slow worms has been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with the approved details and timing of the mitigation plan/ method statement, unless otherwise approved in writing by the Local Planning Authority.

           

            Reason: To accord with Policy EQ4 of the South Somerset Local Plan and compliance with the Wildlife and Countryside Act 1981.

 

(voting:10 in favour, 3 against, 0 abstentions)

Supporting documents: