Agenda item

Planning Applications

Meeting of Area West Committee, Wednesday 16th July 2014 5.30 pm (Item 45.)

Minutes:

The Committee considered the applications set out in the schedule attached to the agenda. The Planning Officer gave further information at the meeting and, where appropriate, advised members of letters received as a result of consultations since the agenda had been prepared.

14/01680/FUL – Proposed mixed use development of 14 residential units (10 houses, 4 flats) and 3 commercial units involving demolition of existing buildings, provision of underground parking area, change of use of 2 existing units from B1 to A1/A2 and retention of one B1 unit (Revised Application). (GR 336149/114593)

The Planning Officer proposed an amendment to Condition 07 on page 31 of the agenda report to include the following text after the word openings: and details of repairs to existing windows as identified in the windows schedule received 11 April 2014. She stated that the amendment would also apply to Condition 07 on the Listed Building Consent application.

The Planning Officer with the aid of slides and photographs summarised the details of the application as set out in the agenda report including the key considerations. Her recommendation was to approve the application.

In response to questions, the Planning Officer clarified points of detail raised by Members which included the following:

· the cycle store would be partially covered;

· the underground car park did not go under the listed building, it was located under the communal garden area;

· a contaminated land check could be included as a condition;

· it would be up to the developer to allocate car parking spaces;

· there had been no significant changes to policy since the previous application that would impact upon the Listed Building or loss of employment land;

· the comments outlined on page 18 were made by the applicant’s consultant and were not the view of the Planning Officer;

· clarification was sought over the B1 use, which was a small office unit to the rear of the building which should not cause any noise to residential properties;

· the proposed parking provision was within parking guidelines. It was not the most spacious car park but there would be adequate room for turning;

· any obstruction of the access would be an enforcement issue.

The Committee was addressed by Andrew Sherman representing Ilminster Town Council. He commented that Ilminster Town Council had approved the application but not without reservations regarding the access. He referred to previous issues, when the building was in use, on the ground floor where the back door in the archway would open where cars would come through. He also referred to the demolition of the building causing dust and queried where the skips would be located.

Comments raised by Robert O’Malley and E J Taylor in objection to the application included the following:

· concerns over vehicle access to the site and highway issues;

· the applicant had chosen not to explore the possibility of using a small piece of land to the right of the application site to provide access;

· the proposed development provided an inadequate number of parking spaces;

· reference was made to NPPF and the adverse impact outweighing the benefits.

The Applicant’s Agent, David Bell commented that the site was located within a development area and that the site had not been used for some time and if left longer would deteriorate. SSDC’s Conservation Officer and English Heritage supported the application. The application had received significant investigation by Highways with regard to traffic and access. The site was sustainable and located within an excellent position. He urged members to consider the application on its own merits.

Ward Member, Cllr. Carol Goodall demonstrated to members with the aid of photographs the location of the taxi rank and bus stop near to the site access. She referred to the problems experienced with regard to traffic flow and parking within the area. Hazards included cars reversing out from parking spaces and cars travelling on the wrong side of the road. The photographs shown had been taken on a normal week day and market day in an hour. She commented that she would like to see the site developed but was concerned about highway issues.

Ward Member, Cllr. Kim Turner commented that she wished to see development on the site in this prime location in the town and was content with the design but had concerns over the access to the site, which was extremely narrow. The area was well used by the public with a taxi and bus rank located by the access and was concerned about the potential for accidents. She would prefer to see access at the back of the site at Ile Court. She also felt that there was inadequate parking provision on the site and commented that Shudrick Lane car park was normally full. In relation to the A1 use on the site, she raised a concern about the potential for doors opening into the archway whilst cars were driving through.

During discussion, Members raised a number of issues, which included the following:

· the developer had come forward with a viable scheme, it was likely that the site would remain empty if the application were to be refused;

· the application should be refused on the grounds of sustainability;

· the access was unsatisfactory and there was inadequate car parking but if the application was refused there would be a danger that the site would remain empty and therefore the risks should be accepted as there was a chance that the applicant would re-negotiate the access to the rear of the site;

· there were no grounds to refuse the application;

· the proposed development was imaginative and sustainable and would bring more vitality to the town;

· it was felt that there should be appropriate storage for mobility scooters;

· it was felt that as some buildings were being demolished there should be appropriate checks for land contamination and procedures for the removal of hazardous waste;

· a request was made for the Ward members to be involved with the agreement of Construction Management Plan.

It was proposed and seconded to approve the application as per the Planning Officer’s recommendation subject to the following:

· an amendment to Condition 7 to include the following text after the word openings: and details of repairs to existing windows as identified in the windows schedule received 11 April 2014;

· additional conditions relating to details of cycle storage and mobility scooter storage/charging point and submission of a desktop contaminated land assessment.

On being put to the vote the proposal was carried 10 in favour and 3 against.

RESOLVED:

That Planning Application No. 14/01680/FUL be APPROVED as per the Planning Officer’s recommendation subject to the following:

Grant permission subject to a Section 106 Agreement securing financial contributions for sport and play facilities

01. The proposal, due to its form, design, layout, scale, materials and means of access, would preserve the character and appearance of the listed buildings, the Conservation Area and make a positive improvement to the historic environment and cause no demonstrable harm to residential amenity or highway safety, in accordance with the aims and objectives of policies ST5, ST6, EH1, EH3, EH4 and EH5 of the South Somerset Local Plan, 2006 and the National Planning Policy Framework March 2012.

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: Location Plan, Block Plan GH/p/Blocka, Site Plan Existing, Existing floor plans GH/exg/01-06, GH/D01RS-05RS rev a, Existing Elevations GH/exg/08-11, Existing Roof Plan GH/exg/07, Proposed Roof Plan GH/p06RS, Proposed Floor Plans GH/p01RS rev a, GH/p02RS rev b, GH/p03RS-1, GH/p03RS- 5RS rev a, Proposed elevations GH/p07RS- 12RS rev a and Window Schedule received 11 April 2014 and 23 June 2014.

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

03. No development hereby permitted shall be commenced on each building, as numbered in the Heritage Statement, unless 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. Such particulars will include the detailed finish (rough sawn, hand tooled, etc.) Slate hooks shall not be used.

Reason: In the interests of the special architectural and historic interests of the listed buildings and their setting, in accordance with policies ST6, EH1, EH5 and EH3 of the South Somerset Local Plan (Adopted April 2006).

04. No development hereby permitted shall be commenced on each building, as numbered in the Heritage Statement, unless full details of the boundary walls, including the materials, coursing, bonding and coping; mortar profile, colour, and texture along with a written detail of the mortar mix, have been be provided in writing and supported with a sample panel to be provided at a time to be agreed in writing. Note: on sloping sites, the top of the wall should run with the slope of the land and not be stepped.

05. No development hereby permitted shall be commenced on each building, as numbered in the Heritage Statement, unless full details of the new natural stonework/brickwork walls, including the materials, coursing, bonding; mortar profile, colour, and texture along with a written detail of the mortar mix, have been provided in writing and supported with a sample panel on site and agreed in writing by the Local Planning Authority.

06. No development hereby permitted shall be commenced on each building, as numbered in the Heritage Statement, unless the following details have been submitted and a sample panel provided on site for inspection and written approval of the Local Planning Authority:

a) Full details, including elevational drawings, to indicate the areas to be repointed.

b) Details of the method of removal of existing pointing. In this regard mechanical tools shall not be used,

c) Details of the mortar mix, and

d) A sample panel of new pointing that shall be carried out in the agreed mortar.

07. No work shall be carried out to each building, as numbered in the Heritage statement, unless details of the design, materials and external finish for all new doors, windows, boarding and openings and details of the repairs to existing windows as identified in the windows schedule received 11 April 2014 have been submitted to and approved in writing by the Local Planning Authority. This will include detailed drawings including sections of at least 1:5. Such approved details, once carried out shall not be altered without the prior written consent of the Local Planning Authority.

Reason: In the interests of the special architectural and historic interests of the listed buildings and their setting, in accordance with policies ST6, EH5 and EH3 of the South Somerset Local Plan (Adopted April 2006).

08. The windows comprised in the development hereby permitted shall be recessed in accordance with details to be submitted to and approved in writing with the Local Planning Authority before any work on the development hereby permitted is commenced.

09. No development hereby permitted shall be commenced on each building, as numbered in the Heritage Statement, unless design details of all roof eaves, verges and abutments, including detail drawings at a scale of 1:5, and all new cast metal guttering, down pipes, other rainwater goods, and external plumbing shall be submitted to and approved in writing by the Local Planning Authority. Such details once carried out shall not be altered without the prior written consent of the Local Planning Authority.

10. The area(s) of rebuilding shall be restricted to that defined on the approved plan(s) and shall not be enlarged without the prior express grant of planning permission. In the event that completion strictly in accordance with such approved plans shall become impracticable for whatever reason, work shall thereupon cease and only be re-commenced if and when consent has been obtained in regard to an amended scheme of works which renders completion of the scheme practicable.

11. All electrical and telephone services to the development shall be run underground. All service intakes to the dwelling(s) shall be run internally and not visible on the exterior. All meter cupboards and gas boxes shall be positioned on the dwelling(s) in accordance with details, which shall have been previously submitted to and approved in writing by the Local Planning Authority and thereafter retained in such form. All soil and waste plumbing shall be run internally and shall not be visible on the exterior unless otherwise agreed in writing by the Local Planning Authority.

12. No development hereby permitted shall be commenced on each building, as numbered in the Heritage Statement, unless details of the method of the blocking of all doorways and windows shown on the approved plans have been submitted to and approved in writing by the Local Planning Authority. This will include materials and finish: pointing and coursing; any doors and architraves to be left in situ; and any reveal; such approved details, once carried out shall not be altered without the prior written consent of the Local Planning Authority

13. The development hereby permitted shall not be commenced unless there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, which shall include details of all soft and hard landscaping throughout the site. 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 buildings or the completion of the development, whichever is the sooner; 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.

14. No means of external lighting shall be installed unless details have been submitted to and agreed in writing by the Local Planning Authority

15. Prior to the development hereby approved being first brought into use, the windows in the north facing elevation, as indicated on drawing no. GH/p12RS rev a shall be fitted with obscured glass (minimum level 3) and be non-opening below a height of 1.7 metres above the finished floor level of the room in which the window is to be installed, and shall be permanently retained and maintained in this fashion thereafter, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of residential amenity in accordance with policy ST6 of the South Somerset Local Plan (Adopted April 2006).

16. No development hereby approved shall take place unless the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority

Reason In order to safeguard and/or record any archaeological remains in accordance with Chapter 12 of the National Planning Policy Framework.

17. The area allocated for parking and turning on the submitted plan shall be kept clear of obstruction and shall not be used other than for parking and turning of vehicles in connection with the development hereby permitted.

Reason: In the interests of highway safety and to accord with policy ST5 of the South Somerset Local Plan, (Adopted April 2006).

18. No development hereby permitted shall be commenced unless details of the design, materials and location of the cycle storage facilities and mobility scooter storage/charging point have been submitted to and agreed in writing by the Local Planning Authority. Such facilities shall be fully sheltered and lockable and shall be provided before any of the dwellings hereby approved are occupied unless otherwise agreed in writing by the Local Planning Authority.

Reason: To provide a safe and secure area for such storage and to provide a choice of means of transport in accordance with policies ST5 and TP3 of the South Somerset Local Plan (Adopted April 2006).

Reason: To provide a safe and secure area for cycle parking in accordance with policy TP3 of the South Somerset Local Plan (Adopted April 2006).

19. No deliveries to the commercial units hereby approved shall be taken to or despatched from the site outside the hours of 8.00am and 6.00pm nor any time on Sundays, Bank or public holidays.

Reason: In the interests of residential amenity in accordance with policy ST6 of the South Somerset Local Plan (Adopted April 2006).

20. No development hereby permitted shall be commenced unless foul and surface water drainage details to serve the development have be submitted to and approved in writing by the Local Planning Authority and such approved drainage details shall be completed and become fully operational before the development hereby permitted is first brought into use. Following its installation such an approved scheme shall be permanently retained and maintained thereafter.

Reason: In the interests of amenity and highway safety and in accordance with policies ST5 and ST6 of the South Somerset Local Plan (Adopted April 2006)

21. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no additional windows, including dormer windows, or other openings (including doors) shall be formed in the buildings, or other external alteration made without the prior express grant of planning permission.

Reason: To safeguard the character of the listed buildings and residential amenity in accordance with policies ST6, EH1 and EH3 of the South Somerset Local Plan (Adopted April 2006).

22. The development hereby approved shall not be commenced unless a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include details of the phasing of construction, hours of construction, routing for construction vehicles, parking for construction and contractors vehicles, siting of skips, and measures to reduce noise and dust from the site. The development shall thereafter be carried out in strict accordance with such details unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard residential amenity given the limited access, parking provision and close proximity of the site to surrounding residential and commercial properties in accordance with policies EP6 and ST6 of the South Somerset Local Plan (Adopted April 2006).

23. The development hereby approved shall not be commenced unless details of the full boundary treatment of the site, including all fencing between the new dwellings have been submitted to and agreed in writing by the Local Planning Authority. Such agreed boundary treatment shall be completed before the dwellings are first occupied and shall be maintained thereafter.

Reason: To safeguard the setting of the listed buildings and residential amenity in accordance with policies ST6 and EH5 of the South Somerset Local Plan (Adopted April 2006).

24. No development hereby permitted shall be commenced unless details of the size, design, colour and finish of the gates on to North Street and within the archway have been submitted to and agreed in writing by the Local Planning Authority. Such agreed details shall be retained thereafter.

25. Following the demolition of the buildings hereby approved and before any further development takes place, a soil survey of the site shall be undertaken and the results provided to the Local Planning Authority. The survey shall be taken at such points and to such a depth as the Local Planning Authority may stipulate and in particular shall concentrate on those areas proposed to be gardens. A scheme for the decontamination of the site shall be submitted to and approved by the Local Planning Authority in writing and the scheme as approved shall be fully implemented and completed before any dwelling hereby permitted is first occupied.

Reason: In the interests of public health and safety and in accordance with policies EP5 and ST5 of the South Somerset Local Plan (Adopted April 2006).

Informatives:

01. Listed building consent would be required for any satellite dishes and the applicant is encouraged to agree a communal dish with the Local Planning Authority to prevent a proliferation of such fixtures. Satellite dishes shall be of dark coloured mesh unless fixed to a light coloured, rendered wall, in which case a white dish should be used.

02. The applicant's attention is drawn to the recommendations of the Protected Species Survey Report dated June 2013 and the installation of bat boxes.

03. The applicant's attention is drawn to the comments of Mitchams Solicitors who occupy an adjacent unit 1, Cornhill and the need to negotiate access via the gate onto North Street.

04. The applicant's attention is drawn to the advice of Wessex Water in their letter of 28 April 2014.

05. The applicant's attention is drawn to the advice of the Climate Change Officer dated 7 May 2014. Listed building Consent and or planning permission would be likely to be required for such renewable energy projects and the applicant is advised to discuss any such proposals at an early stage with the Planning and Conservation Officers

06. For the avoidance of doubt the Gooch and Housego gates must be retained and no consent has been granted to move them.

(Voting: 10 in favour, 3 against)

14/01681/LBC - Proposed mixed use development of 14 residential units (10 houses, 4 flats) and 3 commercial units involving demolition of existing buildings, provision of underground parking area, change of use of 2 existing units from B1 to A1/A2 and retention of one B1 unit (Revised Application) (GR 336149/114593)

It was proposed and seconded to approve the application as per the Planning Officer’s recommendation subject to an amendment to Condition 07 to include the following text after the word openings: and details of repairs to existing windows as identified in the windows schedule received 11 April 2014.

On being put to the vote the proposal was carried 10 in favour and 3 against.

RESOLVED:

That Planning Application No. 14/01681/LBC be APPROVED as per the Planning Officer’s recommendation for the following reason:

01. The proposed scheme, due to its form, design, layout, scale and materials, would preserve the character and appearance of the listed buildings and make a positive improvement to the historic environment, in accordance with the aims and objectives of policies EH3, EH4, EH5 and ST6 of the South Somerset Local Plan (Adopted April 2006) and the National Planning Policy Framework March 2012.

SUBJECT TO THE FOLLOWING:

01. The works hereby granted consent shall be begun before the expiration of three years from the date of this consent.

Reason: As required by Section 16(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

02. The development hereby permitted shall not be carried out otherwise than in complete accordance with the submitted plans Location Plan, Block Plan GH/p/Blocka, Site Plan Existing, Existing floor plans GH/exg/01-06, GH/D01RS-05RS rev a, Existing Elevations GH/exg/08-11, Existing Roof Plan GH/exg/07, Proposed Roof Plan GH/p06RS, Proposed Floor Plans GH/p01RS rev a, GH/p02RS rev b, GH/p03RS-1, GH/p03RS- 5RS rev a, Proposed elevations GH/p07RS- 12RS rev a and Window Schedule received 11 April 2014 and 23 June 2014

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

03. No work shall be carried out to each building, as numbered in the Heritage statement, unless 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. Such particulars will include the detailed finish (rough sawn, hand tooled, etc.) Slate hooks shall not be used.

04. No work shall be carried out to each building, as numbered in the Heritage statement, unless full details of the boundary walls, including the materials, coursing, bonding and coping; mortar profile, colour, and texture along with a written detail of the mortar mix, have been be provided in writing and supported with a sample panel to be provided at a time to be agreed in writing. Note: on sloping sites, the top of the wall should run with the slope of the land and not be stepped.

05. No work shall be carried out to each building, as numbered in the Heritage statement, unless full details of the new natural stonework/brickwork walls, including the materials, coursing, bonding; mortar profile, colour, and texture along with a written detail of the mortar mix, have been provided in writing and supported with a sample panel on site and agreed in writing by the Local Planning Authority.

06. No work shall be carried out to each building, as numbered in the Heritage statement, unless the following details have been submitted and a sample panel provided on site for inspection and written approval of the Local Planning Authority:

a) Full details, including elevational drawings, to indicate the areas to be repointed.

b) Details of the method of removal of existing pointing. In this regard mechanical tools shall not be used,

c) Details of the mortar mix, and

d) A sample panel of new pointing that shall be carried out in the agreed mortar.

09. No work shall be carried out to each building, as numbered in the Heritage statement, unless design details of all roof eaves, verges and abutments, including detail drawings at a scale of 1:5, and all new cast metal guttering, down pipes, other rainwater goods, and external plumbing shall be submitted to and approved in writing by the Local Planning Authority. Such details once carried out shall not be altered without the prior written consent of the Local Planning Authority.

10. The area(s) of rebuilding shall be restricted to that defined on the approved plan(s) and shall not be enlarged without the prior express grant of Listed Building Consent. In the event that completion strictly in accordance with such approved plans shall become impracticable for whatever reason, work shall thereupon cease and only be re-commenced if and when consent has been obtained in regard to an amended scheme of works which renders completion of the scheme practicable.

11. No work shall be carried out on site unless details of all new services to all bathrooms, kitchens etc, including details of routes of foul water and any ventilation or extraction have been submitted to and approved in writing by the Local Planning Authority. Such approved details, once carried out shall not be altered without the prior written consent of the Local Planning Authority.

12. No work shall be carried out to each building, as numbered in the Heritage statement, unless details of all new and replacement plasters, renders, floor surfaces, ceilings etc, including any making good of any existing structure abutting any of those to be demolished, have been submitted to and approved in writing by the Local Planning Authority. Such approved details, once carried out shall not be altered without the prior written consent of the Local Planning Authority