Agenda item

With the agreement of the Committee, Agenda item 17: planning application 18/02738/FUL - Land at Slades Hill, Templecombe was discussed and determined prior to Agenda item 16: planning application 18/02739/OUT** - Land at Slades Hill, Templecombe

Application Proposal: Outline application for residential development comprising up to 70 dwellings and associated open space, landscaping works and area for school expansion, together with new access and drainage infrastructure.

The Area Lead Officer presented his report to members. He advised members that the application had been two-starred in line with the scheme of delegation and would be referred to the Regulation Committee should the application be refused. He also advised that since the report had been published, there were no further updates.

He explained to members that the application was an outline application for up to 70 dwellings.

Using a PowerPoint presentation, he provided photographs of the site as well as images to show the indicative layout and proposed access.

He explained to members that there was an extant permission approved on the site for a mixed use of up to 75 dwellings and business use. He advised that the proposed access was virtually identical to the approved access and pointed out that 5 homes and the employment buildings had been removed from the scheme. He explained that the residential and visual impacts of the proposal were similar to those of the approved extant permission.

He pointed out a 3-meter maintenance margin between the proposed development and the existing home on Blackmore Vale Road, however he advised that this was only an indicative drawing.

He explained that the community would benefit from additional playing field land as well as an extension to the cemetery should the application be approved. The application would also provide affordable homes. He felt that the development would provide benefits, which would outweigh any adverse impacts and suggested that the scheme was no worse than the previously approved extant scheme. He recommended that the application should be approved.

A local resident addressed the Committee and spoke in objection to the application. She explained that the Parish Council no longer supported the application and explained that she had concerns over the gabion wall between her property and the development site. She also hoped that a bungalow would be constructed close to her home, rather than a two-storey dwelling. She was also concerned about drainage on the site and the access. She commented that the landscaping was not in keeping with the village and that the plot sizes were disproportionate. She also added that it would be good if the land for the playing fields could be fenced off and contributions could be made towards school playing.

The agent addresses the Committee. He informed members that the plans which they had been shown, were indicative and that final minor details would be clarified at the reserved matters stage. He explained that concerns, such as light and noise, would be taken on board by the applicant when looking at final designs.

Councillor Hayward Burt, Ward Member raised concerns over the scheme. He felt that the wrong homes were being built in the wrong places and suggested it was difficult to argue that the site was in a sustainable location; pointing out that the train service was getting worse and that the doctors surgery in Stalbridge has recently closed.

Councillor William Wallace, also Ward Member largely agreed with the comments made by Councillor Burt. However, he commented that the reduction in the number of proposed homes was an improvement to the scheme.

During the discussion, one member commented that a management company would be needed to ensure that the open spaces and landscaping well look after and suggested that the drainage condition was too vague.

Another members hoped that bungalows, rather than houses, could be built close to the existing homes on Blackmore Vale Road.

The Area Lead Planning Officer suggested that this could be added as an informative.

In response to other questions around the layout and parking, the Area Lead Planning Officer pointed out that the proposed layout was indicative only.

The Chairman explained that he would be keen to see sports pitches created on the fields, which were to be passed to the primary school. He hoped that this could be funded from the s106 contributions which would be made by the applicant. The Area Lead Planning Officer advised that the legal agreement secures money towards play provisions and pointed out that a draft copy of this had been passed to the ward members. 

Following the discussion, it was proposed and seconded that the planning application be approved, subject to an additional condition to ensure that a maintenance and management scheme would need be approved, an amendment to clause 9 of the legal agreement to ensure affordable homes are offered to local families first and informatives to cover concerns over position of houses, fencing around proposed school fields, tandem parking and access.

On being put to the vote, this was carried 6 votes in support, with 2 against.

RESOLVED:  that planning application 18/02739/OUT be approved as per the officer recommendation and proposed conditions, subject to

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 a contribution of £1,583 per dwelling towards the provision of outdoor playing space, sport and recreation, to the satisfaction of SSDC Community, Health and Leisure Service.

2)         Provide land for a LEAP of 500 sq metres with minimum buffer zone (from activity zone to boundary of nearest dwelling) of at least 20 metres and minimum buffer zone of at least 30 metres from activity zone to habitable facade of nearest dwelling to the satisfaction of SSDC Community, Health and Leisure Service.

3)         Provide land for at least 80 sq metres on land adjacent to on-site LEAP with minimum buffer zone (from activity zone to boundary of nearest dwelling) of at least 30 metres and minimum buffer zone of at least 40 metres from activity zone to habitable facade of nearest dwelling to the satisfaction of SSDC Community, Health and Leisure Service.

4)         Secure a contribution of £6,585.69 per dwelling towards primary school and early years places to the satisfaction of Somerset County Council.

5)         Ensure that at least 0.5ha of land (marked as 'Playing Field 2' on drawing 17.25.S106) is provided to the local education authority as an extension to the existing school playing field to the satisfaction of Somerset County Council.

6)         Ensure that the area of land marked as 'Playing Field 1' on drawing 17.25.S106, currently leased to Somerset County Council is provided to the local education authority as an extension to the existing school playing field to the satisfaction of Somerset County Council.

7)         Ensure that the area of land marked as 'Land Reserved for Cemetary Extension' on drawing 17.25.S106, is provided to Templecombe Parish Council for cemetery, burial and open recreational purposes to the satisfaction of Templecombe Parish Council.

8)         Secure at least 0.27 hectares of public open space on site to the satisfaction of the SSDC Streetscene Services manager

9)         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, and the affordable housing is made available to people with a local connection first, then people with a connection to adjoining parishes, then the remainder of the district on a priority basis, to the satisfaction of SSDC Strategic Housing.

10)       Secure the submission and implementation of an appropriate travel plan to the satisfaction of the County Highway Authority.

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 building, highway safety, flood risk and drainage, protected species, or residential amenity. As such the proposal complies with local plan policies SD1, SS1, TA1, 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 development hereby permitted (hereinafter called 'the reserved matters') 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 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:

            17.25.R01A - Site Location Plan

            42622-5501-SK01-C - Residential Site Access Junction

            17.25.S106 - S106 Playing Field Identification and Cemetery Extension Land

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

04.       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;

·         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.

·         Measures to prevent the spread of the variegated yellow archangel recorded on site

            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.

05.       At the proposed access there shall be no obstruction to visibility greater than 300 millimetres above adjoining road level within the visibility splays shown on the submitted plan. Such visibility splays shall be constructed prior to the commencement 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.

06.       The proposed development shall be served by the new access constructed in full accordance with drawing 42622/5501/SK01 rev C and shall be available for use before the first occupation. Once constructed the access shall be maintained thereafter in that condition at all times.

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

07.       No development shall be commenced until details of the surface water drainage scheme based on sustainable drainage principles (as detailed in FRA and drainage strategy PBA 31 August 2018 Rev B) 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) and information of maintenance of drainage systems during construction of this and any other subsequent phases.

·           Detailed information about the design storm period and intensity, discharge rates and volumes (both pre and post development), temporary storage facilities, means of access for maintenance ( 6 metres minimum), the methods employed to delay and control surface water discharged from the site (including layout plans, cross sections and any key levels), and the site specific measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters.

·           Any works required off site to ensure adequate discharge of surface water without causing flooding or pollution.

·           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.

·           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 National Planning Policy Framework (July 2018) and the accompanying Technical Guidance.

08.       The development hereby approved shall include no more than 70 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.

09.       The reserved matters application shall include full details of proposals for the incorporation of features to enable the enhancement of biodiversity and shall take into account the Landscape and Ecology Management Strategy and the sensitive lighting scheme contained within the 'Landscape and Ecology Management Document' (Peter Brett Associates, October 2018).

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

10.       The development hereby permitted shall not be commenced (including any ground works or site clearance) until a mitigation plan or method statement detailing measures to avoid harm to reptiles, 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: For the protection and conservation of a priority species in accordance with policy EQ4 of the South Somerset Local Plan, NPPF and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended).

11.       Before the commencement of the development hereby permitted the applicant, or their agents or successors in title, shall have secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation (WSI) which has been submitted and approved in writing by the Planning Authority. The WSI shall include details of the archaeological excavation, the recording of the heritage asset, the analysis of evidence recovered from the site and publication of the results.  The development hereby permitted shall be carried out in accordance with the approved scheme.

            Reason: In the interests of protecting and recording any buried archaeology and in accordance with the aims and provisions of the NPPF.

12.      Prior to the first occupation of the development hereby approved details of the ongoing management and maintenance of all public open space and landscaping on site shall be submitted to and approved in writing by the Local Planning Authority. Once agreed the maintenance management regime specified shall be fully implemented in perpetuity unless the local planning authority gives written consent to any variation.

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

Informatives:

01.       In relation to the biodiversity enhancement condition above, the applicant should consider the incorporation of swift and swallow boxes as appropriate features to enable the enhancement of biodiversity.

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.          Development, insofar as it affects a right of way should not be started, and the right of way should be kept open for public use until the necessary diversion/stopping up Order has come into effect. Failure to comply with this request may result in the developer being prosecuted if the path is built on or otherwise interfered with.

04.          The developer should be aware when designing any detailed scheme of the LPA’s desire to see the inclusion of bungalows, particularly on the western side of the southern portion of the site, where close to adjoining residential properties built at a lower level than the application site.

05.          The LPA would like to see some of the s106 education contribution spent on well-designed fencing of the land that is proposed to pass to the school as part of this proposed development

06.          The LPA will seek parking design solutions that do not lead to on-street parking on estate roads and do not allocate excessive on plot parking. The LPA is concerned about garages not being used for parking by occupants and tandem parking leading to parking on the street. The LPA will expect to see a design solution agreed with the SCC Highways Authority and would encourage the use of communal ports/shelters, which could also be used to ensure good electric vehicle parking and cycle parking.

07.          The developer should be aware of the concerns of the LPA regarding the safety of the proposed access in relation to the proximity of the junction with Blackmore Vale Close and recommends that a visibility envelope is plotted from Blackmore Vale Close to ensure that this proposed new development does not have an impact of the safety of the existing junction.

(Voting: 6 in support, 2 against)