Agenda item

Proposal: Erection of an attached dwelling.

The Specialist – Development Management presented the application as detailed in the agenda and explained to members this was a revised application following a previous refused application for a 3 no bed dwelling.  She confirmed there were no further updates to the report.

With the aid of a powerpoint presentation she proceeded to show the site and proposed plans and referred to the key considerations being the principle of development, design and Access and Highway.  She concluded that after considering all of the responses and advice, as outlined in the agenda report, her recommendation was to approve the application and the conditions as set out in the agenda report.

In response to members’ questions the Specialist – Development Management confirmed that:

·         The height of any fencing erected on the front boundary could be restricted by condition. Any fencing erected on the side boundary can be up to 2 metres in height.

·         There were no restrictions contained in any planning policy’s regarding the building line and therefore this would not be a planning reason to refuse.

Councillor Nigel Gage, Ward member noted Yeovil Town Council’s objections and believed the proposal was in breach of the building line and was an overdevelopment of the site.

Councillor John Field, Ward member said that although the proposal was beyond the building line the application was extremely marginal and on balance would support the officer recommendation for approval.

During discussion members made several comments including the following:

·         Raised concern regarding the building line, however acknowledged this was not a reason to refuse the application. 

·         If approved could set a precedent for future applications.

·         Satisfied with the proposed design and considered it acceptable within the streetscene.

·         Requested a condition be imposed to ensure the treatment of the front boundary fencing of the site.

·         Need to ensure members are fully aware of the current regulations regarding boundary fencing on an open plan estate.

The Specialist – Development Management advised that an ‘open plan estate’ condition could be imposed to safeguard the treatment of the boundary fronting on to Rowan Way.

During a short debate it was then proposed and subsequently seconded to refuse the application for the following reason ‘

‘The proposal by reason of the size, scale and design would result in the congruous form of the streetscene being on an established building line, to the detriment of the character of the area, as such the proposal is contrary to policy EQ2 of the adopted South Somerset Local plan and the aims and objectives of the NPPF’.

On being put to the vote this was lost by 2 votes in favour, 12 against and 1 abstention.

There being no further debate it was then proposed and subsequently seconded to approve the application as per the officer’s recommendation, as set out in the agenda report and subject to an additional ‘open plan estate’ condition.

On being put to the vote this was carried by 13 votes in favour, 2 against and 0 abstentions.

RESOLVED:

That application 18/01704/FUL be approved for the following reasons:

01.       The proposed house and its curtilage are considered to constitute sustainable development, being located within the urban framework of Yeovil, designed to complement the character and appearance of the area, providing suitable amenity for its future residents and having an acceptable impact on the amenity of neighbouring residents and the natural environment in the locality, and causing no harm to the safety and convenience of all users of the highway network close to the site.  The scheme is considered to accord with the terms and objectives of national and local planning policy and guidance, comprising the NPPF 2018 and the adopted South Somerset Local Plan 2006 - 2028 with particular regard to the following policies: SD1, SS1, SS4, SS5, SS6, YV1, HG5, TA1, TA5, EQ1, EQ2, EQ5 and EQ7.

SUBJECT TO THE FOLLOWING:

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:

            Drawing 1960/11 Location Plan received 25 May 2018

            Drawing 1960/10B Proposed scheme received 29 August 2018

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

03.       No development hereby permitted shall commence on the site until details of the drainage arrangements for surface water from the new building and from all new hard-surfaced areas within the site shall have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details, and shall be so retained thereafter. 

            Reason: To secure the protection of the local water environment, in accordance with policies EQ1, EQ2 and EQ7 of the adopted South Somerset Local Plan 2006 - 2028 and guidance set out in the NPPF 2018. 

04.       No construction works relating to the new building shall be commenced until specifications of the type, material, colour and finish of all materials to be used in the external finishes of the building, of all boundary enclosures and of all new hard-surfacing shall have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved specifications. 

            Reason:  To secure an appropriate quality for the development, in the interests of the character and appearance of the locality, in accordance with policy EQ2 of the adopted South Somerset Local Plan 2006 - 2028 and guidance set out in the NPPF 2018.

05.       The development hereby permitted shall not be first occupied until the car parking facilities to serve the new and the existing dwelling on and adjoining the site respectively, as set out on the approved plans, shall be retained as so laid out for these purposes, without obstruction between any of the parking spaces, for the duration of the occupation of the new dwelling.  

            Reason: To secure adequate parking facilities for the proposed and existing dwellings, in the interests of the safety and convenience of all users of the highway network in the vicinity of the site, in accordance with policies TA5 and TA6 of the adopted South Somerset Local Plan 2006 - 2028 and guidance set out in the NPPF 2018.

06.       The development hereby permitted shall not be first occupied until storage for cycles, storage for refuse and recycling materials and an electric vehicle charging point shall have been provided in accordance with details which shall have been previously submitted to and approved in writing by the Local Planning Authority.  These facilities shall be retained for the duration of the occupation of the new dwelling. 

            Reason: To secure the appropriate provision of services and facilities for the proposed dwelling to encourage low carbon sustainable behaviours in the interests of addressing climate change, in accordance with policies SD1, TA1, EQ1 and EQ2 of the adopted South Somerset Local Plan 2006 - 2028 and guidance set out in the NPPF 2018.  

07.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no fences, gates or walls shall be erected within the curtilage of the approved dwellinghouse forward of the wall of the dwellinghouse which fronts onto Rowan Way.

Reason: In the interests of the visual amenities of the area in accordance with Policy EQ2 of the South Somerset Local Plan 2006-2028.

Informatives:

01.       As required by Sec 70 (2) of the Town and Country Planning Act 1990 and Sec 38 (6) of the Planning and Compulsory Purchase Act 2004, to the extent that its policies are material to this application for planning permission, this decision has been made in accordance with the development plan policies set out in the South Somerset Local Plan 2006 - 2028 and also with regard to the guidance set out in the National Planning Policy Framework 2018.  No material considerations in the NPPF 2018 or elsewhere indicate that a decision should be made otherwise

(voting: 13 in favour, 2 against, 0 abstentions)