Agenda item

Application Proposal: Demolition of the existing buildings and the erection of 19 No. dwellings with associated access and parking (outline application).

The Planning Officer presented the application as detailed in the agenda and updated members on the following:

·         The applicant would need to make a contribution towards primary education which would require a Section 106 Legal agreement.

·         Confirmed the Local Lead Flood Authority (LLFA) had yet to comment on the application and therefore the recommendation to approve planning permission would need to include ‘subject to no objections from the LLFA’.

·         The application had been deferred from the 21^st August 2018 Regulation Committee pending the resolution of outstanding ecology matters.  The ecology issues have since been resolved, as such the application had been brought back to committee with the inclusion of an additional ecology condition.

With the aid of a power point presentation she proceeded to showed the site and proposed plans highlighting the key considerations being the principle of residential development, with the access to be determined at outline stage and all other matters such as design to be determined at reserved matters.  Also the impact upon amenities of neighbours and the provisions of the Section 106 legal agreement.

The Planning Officer considered the proposal was fairly unobtrusive to the area with no substantial harm to nearby residents.  She confirmed the Highways Authority were satisfied with the proposed access and therefore after considering all of the responses and advice, as outlined in the agenda report, her proposal was to approve the application subject to a Section 106 legal agreement to include education contributions and the inclusion of additional wording to her recommendation to grant planning permission ‘subject to no objections from the LLFA’.

In response to questions, the Planning Officer and Senior Planning Advisor informed members that:

·         There were no policies which mention the retaining of existing care homes.

·         A pre-commencement condition could be imposed to ensure that the applicant submits a detailed plan for a suitable foul drainage and surface water drainage scheme in perpetuity. 

In agreement with the Chairman Councillor Nick Weeks then read out comments from Ward member, Councillor Hayward Burt on his behalf as he was unable to attend the meeting.  These comments included:

·         Templecombe was a rural settlement.

·         Proposal would add to the pressure on local services.

·         Application fails policy SS2 as the scheme does not enhance the village and that affordable housing units should be included within the proposal.

·         Application is contrary policy TA5, 2 and 3 of the adopted SSDC Local plan as fails to provide safe pedestrian and cycle access.

The Agent then addressed the committee and believed the application would contribute to the Local plan targets and complies with policy.   It would provide onsite housing, improve the vitality of existing local and that all other matters other than access would be considered at reserve matters stage.  He believed it was an excellent opportunity to provide homes in accordance with the Local plan in a sustainable location. 

Following a short discussion, members voiced their support of the application on the understanding that a Pre-commencement condition be included to ensure that the applicant submits a detailed plan for a suitable foul drainage and surface water drainage scheme in perpetuity. 

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 and subject to a Section 106 legal agreement to include education contributions.   Also the inclusion of additional wording to her recommendation to grant planning permission ‘subject to no objections from the LLFA and inclusion of pre-commencement condition regarding foul drainage and surface water drainage scheme ’.  On being put to the vote this was carried unanimously.

RESOLVED:

That application 18/00650/OUT be approved subject to the following:

Grant approval subject to the prior completion of

a)    A section 106 agreement (in a form acceptable to the Council's solicitor(s)) before the decision notice granting planning permission is issued to:

b)    The imposition of the planning conditions set out below on the grant of planning permission.

For the following reason:

01.          The principle of residential development on this vacant brownfield site within Templecombe village is considered to be acceptable. The illustrative plan, that accompanies this outline permission, demonstrates that 19 dwellings at a density of 20.4 units per hectare can be accommodated.  The proposal utilises the existing access off Troop Road, which is considered capable of serving the proposed development. Other matters including appearance, landscaping, layout and scale are to be considered at the reserved matters stage. As such the proposal is considered to be in accordance with the aims and objectives of Policies SD1, SS4, SS5, SS6, SS7, HG2, TA1, TA5, HW1, EQ1, EQ2 and EQ4 of the South Somerset Local Plan and the aims and provisions of the NPPF

SUBJECT TO THE FOLLOWING:

01.       The development hereby permitted shall be carried out in accordance with the following approved plans: 4109/2 unnumbered first floor plan of existing 2883/7B 410/AS10; 4307/01; 4307/02; 4307/03; 4307/04; 4307/05; 4307/07; 4307/08; 4307/09; Unnumbered tree plan  and LDS/14649-TP1received 19 March  2018.

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

02.       Details of the layout,  appearance, landscaping, and scale (herein after called the 'reserved matter') shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development  shall be carried out as approved.

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

03.       Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiratory of three years from the date of this permission or not later than 2 years from the approval of the last reserved matters' to be approved

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

04.       No development shall commence unless a Construction 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 vehicles 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;

·           A scheme to encourage the use of public transport amongst contractors; and

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

            Reason: In the interests of highway safety and the amenities of the area and local residents in accordance with Policies TA5 and EQ2 of the South Somerset Local plan

05.       The proposed residential development shall provide a mix of house types and sizes. At least 12 of the 16 market dwellings shall be either 2 or 3 bedroomed units unless otherwise agreed in writing by the Local Planning Authority.

Reason: The Local Planning Authority wishes to ensure that that a range of market housing types and sizes are provided   across the district as required by Policy HG5: Achieving a mix of market housing of the adopted South Somerset local Plan and paragraph 50 of the NPPF.

06.       The proposed new residential development shall include 16amp electric charging points for electric vehicles, accessible to all residences, as required by Policy TA1ii low carbon travel of the adopted South Somerset Local Plan and paras 93 and 94 of the NPPF.

            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

07.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(England) Order 2015, and any successors no development in Classes A, B, C  and D of part 1 Schedule 2  shall take place without the prior permission in writing of the local Planning Authority.

            Reason: To maintain the aesthetic integrity and residential amenity of the development sand preserve the amenities of the neighbouring residential property.

08.       The proposed estate roads, footways, footpaths, tactile paving, cycleways, bus stops/bus lay-bys, 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: To ensure satisfactory highways are put in place to serve the development.

09.       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: To ensure satisfactory pedestrian access is provided to every dwelling in the development

10.       At the proposed access there shall be no obstruction to visibility greater than 600 millimetres above adjoining road level within the visibility splays shown on the submitted plan. (Drawing No 4307/07). Such visibility splays shall be constructed prior to the commencement of the development hereby permitted and shall thereafter be maintained at all times.

Reason: To ensure the provision of a safe access to the development.

11.       Provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway, details of which shall have been submitted to and approved in writing by the Local Planning Authority. Such provision shall be installed before first occupation and thereafter maintained at all times.

Reason: To prevent its discharge of surface water onto the highway.

12.       Prior to any demolition, the applicant shall apply for, and be granted by Natural England, a European Protected Species Mitigation Licence in respect of bats.  Proof of issue of such licence shall be provided to the local planning authority prior to discharge of this condition. 

The bat compensation measures shall be provided in accordance with the submitted details, 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.

Each phase of the development shall not be occupied until confirmation, by a Natural England licenced bat consultant, that compensatory bat roosting features have been provided in accordance with the submitted details, and/or the requirements of any ‘European Protected Species Mitigation Licence’ issued by Natural England, has been submitted to and approved in writing by the Local Planning Authority.

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

Informative:

01.         Before this development can commence, a European Protected Species Mitigation Licence (under The Conservation (Natural Habitats, &c.) Regulations 2010) will be required from Natural England.  You will need to liaise with your ecological consultant for advice and assistance on the application for this licence.  Natural England will normally only accept applications for such a licence after full planning permission has been granted and all relevant (protected species) conditions have been discharged. 

(voting: unanimous)