Agenda item

Planning Application 18/03891/FUL - Land North of Tall Elms Broadstone Lane Hardington Mandeville

Minutes:

The erection of 3 dwellings and formation of a new vehicular access Land North of Tall Elms Broadstone Lane Hardington Mandeville

 

The Planning Specialist presented the application as detailed in the agenda and with the aid of a powerpoint presentation showed the site and proposed plans.

 

She referred to the highway safety issues regarding the proposed access onto Broadstone Lane and that both the Council’s Highway Officer and the County Highway Authority had considered the scheme acceptable as per their comments within the report.  She also referred to the number of trees to be removed onsite to make way for the proposed access and reported that the Council’s Tree Officer had made comments on the application but had raised no strong Arboricultural objections to the removal of these trees.

 

The Planning Specialist confirmed that a further letter of objection had been received raising issues already included within the agenda report and that she had now received an application for Listed Building Consent regarding the front wall.

 

She summarised the key considerations and concluded that this was a well designed scheme that respects the character of the area without resulting in unacceptable harm to highway safety and neighbour amenity and considered the public benefits outweigh any harm to the setting of the listed house.  Her recommendation was therefore to approve the application for reasons as set out in the agenda report.

 

In response to questions the Planning Specialist informed members that:

 

·         The landscaping and tree protection conditions and the existing TPO would ensure the protection of the retained trees, planting and maintenance of new trees.

·         Believed the site was originally part of the garden and curtilage to the Historic Building.

·         Noted the concern regarding the maintenance of the existing stone boundary wall and suggested that if members were minded to approve the application a condition be included to ensure the future maintenance of the boundary wall.

 

A representative of Hardington Mandeville Parish Council then addressed the committee. His comments included:

·         The application should be refused on highway traffic safety grounds.

·         Considered the application harmful to the adjacent listed building.

·         Suggested that a preferred access off Rectory Lane was considered, however the applicant was not accommodating to this proposal. 

·         Confirmed the Parish Council were against the approval of this application as it stands.

 

Three members of the public made comments in objection to the proposal.  These included:

·         Proposed access was located on a dangerous blind bend and vehicle speeds are very high.

·         Broadstone Lane was a single carriageway with no footpath.

·         Proposal was in an inappropriate location and considered outside the footprint of the village.

·         Rectory Lane was wider than Broadstone Lane and therefore considered a better option for access to the site.

·         Proposal is Contrary to Policy SS2.

·         Appreciate the need for low cost housing however proposed dwellings does not require to current local need.

·         Changes to the boundary wall will adversely impact the village and listed building.

·         Dangerous to create a new access onto a narrow road which is used by local walkers, cyclists and horseriders.

 

The agent then addressed the committee.  She told members that good local consultation work had been carried out which had resulted in an excellent well designed scheme, the site was currently unused land in a sustainable location and the access replicates others within the area.  She said the boundary wall would be reinstated and repaired to a better state than at present, a proposed vehicular and pedestrian point would be provided and believed the proposal would not have a significant adverse effect on the area.

 

Ward member, Councillor Gina Seaton raised her concern regarding the highway safety issues at Broadstone Lane.  She believed the current high vehicle speeds and no lighting within the area would be a significant danger to all road users and contrary to the NPPF.  She agreed with the concerns already raised and therefore would not support the application. 

 

Ward member, Councillor Nicola Clark also raised her concern regarding the highway safety issues.

 

During discussion, members raised comments including the following:

 

·         Appreciated the concerns regarding the access, however both the Council’s Highway Officer and Somerset Highway Authority have raised no objection to the proposal.

·         Requested an informative be made to ensure that future occupiers are advised of the TPO on the site.

 

The Chairman also advised members that they should not consider another access point at this time, as only that which is proposed in this application should be considered.

 

Following a short discussion it was proposed and seconded to approve the application as set out in the agenda report with an additional condition to include maintenance of the boundary wall and an informative be included regarding the TPO.   

 

On being put to the vote this was carried by 13 votes in favour, 2 against and 1 abstention.

 

 

RESOLVED: 

 

That Planning Application 18/03891/FUL be approved for the following reason:

 

01.       The Council cannot demonstrate a 5-year housing land supply. Hardington Mandeville is an appropriate location for this level of development and the site is suitable in terms of its services. By reason of its juxtaposition with existing built form and its scale the proposal represents appropriate development that would not cause demonstrable impact upon residential amenity, highway safety or upon the character and appearance of the area. The proposal would result in less than substantial harm to the setting of the heritage asset and the public benefits of the proposal outweigh this harm. As such the proposal complies with the policies of the South Somerset Local Plan 2006-2028 and the provisions of the National Planning Policy Framework.

 

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 No.'s  17223-6 Rev A, 17223-01 Rev F, 17223-04 Rev C, 17223-03 Rev B, 17223-05 Rev B.

           

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

 

03.       No work shall be carried out in relation to any of the below elements until particulars of that element have been submitted to and approved in writing by the Local Planning Authority:

           

            a) materials (including the provision of samples where appropriate) to be used for the external

            walls and roofs;

           

            b) the mortar mix and coursing of the external walls (best illustrated through the provision of

            a sample panel);

           

            c) the recessing, materials and finish (including the provision of samples where appropriate)

            to be used for all new windows (including any rooflights) and doors;

           

            d) all hardstanding and boundaries

           

            e) the rainwater goods and eaves and fascia details and treatment.

           

            Once approved such details shall be fully implemented unless agreed otherwise in writing by the Local Planning Authority.

           

            Reason: To safeguard the character and appearance of the area in accordance with policies EQ2 and EQ3 of the South Somerset Local Plan.

 

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:

           

            o Construction vehicle movements;

            o Construction operation hours;

            o Construction vehicular routes to and from site;

            o Construction delivery hours;

            o Expected number of construction vehicles per day;

            o Car parking for contractors;

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

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

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

            o On-site vehicle wheel washing facilities

           

            Reason: Broadstone Lane is a narrow rural route and the introduction of larger vehicles will increase conflict with existing highway users during the construction phase. This Authority needs to know that any adverse effects, such as conflict, verge over-running, or surface damage are mitigated against during this phase in the interests of highway safety and efficiency and in accordance with policy TA5 in the South Somerset Local Plan.

 

05.       The proposed access shall be provided prior to occupation and have a minimum width of 5 metres, incorporating radii not less than 6 metres, and shall be surfaced in bound material for the first 5 metres measured from the highway boundary.

           

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

 

06.       Any entrance gates erected shall be hung to open inwards, shall be set back a minimum distance of 6 metres from the highway edge and shall thereafter be maintained in that condition at all times.

           

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

 

07.       The gradient of the proposed access shall not be steeper than 1 in 10. Once constructed the access shall thereafter be maintained in that condition at all times.

           

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

 

08.       The ACO drain and soakaway noted on the submitted plan shall be provided within the site for the disposal of surface water so as to prevent its discharge onto the highway. The drainage facilities shall be provided prior to occupation and thereafter maintained at all times.

           

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

 

09.       The development hereby permitted shall not be occupied until the parking spaces for each dwelling, and a turning space for vehicles has been provided and constructed within the site in accordance with details as shown on plan number 17223-01 F. Such parking and turning spaces shall be kept clear of obstruction at all times and shall not be used other than for the parking and turning of vehicles in connection with the development hereby permitted.

           

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

 

10.       There shall be no obstruction to visibility greater than 300 millimetres above adjoining road level in advance of lines drawn 2.4 metres back from the carriageway edge on the centre line of the access and extending to points on the nearside carriageway edge 33 metres either side of the access. Such visibility shall be fully provided before the development hereby permitted is occupied and shall thereafter be maintained at all times.

           

            Reasons: To ensure the development is provided with a suitably constructed access which provides appropriate vehicle visibility splays, and allows access to the properties in a controlled manner in the interests of highway safety and in accordance with policy TA5 in the South Somerset Local Plan.

 

11.       Prior to occupation a pedestrian link shall be provided from the development site onto the line of Public Footpath Y10/17 east of the site.

           

            Reason: In order to improve accessibility for different modes of sustainable transport in accordance with policy SS6 and TA1 in the South Somerset Local Plan.

 

12.       Prior to first occupation of the dwellings hereby permitted, electric charging points (of a minimum 16amps) for electric vehicles shall be provided for each dwelling adjacent to their designated parking spaces or garages shown on the approved plan. Once installed such charging points shall be retained and maintained in working order, unless otherwise agreed in writing with the Local Planning Authority.

           

            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 and the provisions of the NPPF.

 

13.       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 investigation, 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 order to ensure proper investigation of archaeology in accordance with Policy EQ3 of the South Somerset Local Plan 2006-2028.

 

14.       Prior to commencement of the development, site vegetative clearance, demolition of existing structures, ground-works, heavy machinery entering site or the on-site storage of materials, a scheme of tree and hedgerow protection measures shall be prepared by a suitably experienced and qualified arboricultural consultant in accordance with British Standard 5837: 2012 - Trees in relation to design, demolition and construction and submitted to the Council for their approval.  Upon approval in writing from the Council, the tree and hedgerow protection measures (specifically the fencing and signage) shall be installed and made ready for inspection.  A site meeting between the appointed arboricultural consultant, the appointed building/groundwork contractors and a representative of the Council (to arrange, please call: 01935 462670) shall then be arranged at a mutually convenient time.  The locations and suitability of the tree and hedgerow protection measures shall be inspected by a representative of the Council and confirmed in-writing by the Council to be satisfactory prior to any commencement of the development (including groundworks).  The approved tree and hedgerow protection requirements shall remain implemented in their entirety for the duration of the construction of the development and the protective fencing and signage may only be moved or dismantled with the prior consent of the Council in-writing.

           

            Reason: To preserve existing landscape features (trees and hedgerows) in accordance with the Council's policies as stated within The South Somerset Local Plan (2006 - 2028); EQ2: General Development, EQ4: Bio-Diversity & EQ5: Green Infrastructure.

 

15.       No works shall be undertaken until there has been submitted to and approved in writing by the Local Planning Authority, a scheme of tree and shrub planting. Such a scheme shall confirm the use of planting stock of UK-provenance only, the planting locations, numbers of individual species, sizes at the time of planting, details of root-types/root-volumes and the approximate date of planting. The installation details regarding ground preparation, staking, tying, strimmer-guarding and mulching shall also be included in the scheme. All planting comprised in the approved details shall be carried out within the next planting season following the commencement of any aspect of the development hereby approved; and if any trees or shrubs which within a period of ten years from the completion of the development die, are removed or in the opinion of the Council, become seriously damaged or diseased, they shall be replaced by the landowner in the next planting season with trees/shrubs of the same approved specification, in the same location; unless the Local Planning Authority gives written consent to any variation.

           

            Reason: To ensure the planting of new trees and shrubs in accordance with the Council's statutory duties relating to The Town & Country Planning Act, 1990 (as amended)[1] and the following policies of The South Somerset Local Plan (2006 - 2028); EQ2: General Development, EQ4: Bio-Diversity & EQ5: Green Infrastructure.

 

16.       The development hereby permitted shall not be occupied until a scheme for the maintenance of the communal open space (including the boundary wall) shown on the submitted plan has been submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be implemented fully on the completion of that proportion of the total development specified in the scheme and the open space area and boundary wall contained within it shall thereafter be retained and maintained in complete accordance with the scheme.

 

            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.       The applicant is advised that works to create the new access in the boundary wall will require Listed Building Consent.

 

02.       Please be advised that approval of this application 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.       A Condition Survey of the existing public highway along Broadstone Lane will need to be carried out and agreed with the Highway Authority prior to any works commencing on site, and any damage to the highway occurring as a result of this development is to be remedied by the developer to the satisfaction of the Highway Authority once all works have been completed on site.

 

The Highway Services Manager for the South Somerset area may wish to secure a bond or cash deposit to cover the cost of reinstating the lane to its current condition

 

04.       Any proposed works must not encroach onto the width of the PROW.

 

The health and safety of the public using the PROW must be taken into consideration during works to carry out the proposed development. Somerset County Council (SCC) has maintenance responsibilities for the surface of a PROW, but only to a standard suitable for the public use. SCC will not be responsible for putting right any damage occurring to the surface of a PROW resulting from vehicular use during or after works to carry out the proposal. It should be noted that it is an offence to drive a vehicle along a public footpath, public bridleway or restricted byway unless the driver has lawful authority (private rights) to do so.

 

If it is considered that the development would result in any of the outcomes listed below, then authorisation for these works must be sought from Somerset County Council Rights of Way Group:

 

A PROW being made less convenient for continued public use.

New furniture being needed along a PROW.

Changes to the surface of a PROW being needed.

Changes to the existing drainage arrangements associated with the PROW.

 If the work involved in carrying out this proposed development would:

 

                    make a PROW less convenient for continued public use; or

 

                    create a hazard to users of a PROW,

 

then a temporary closure order will be necessary and a suitable alternative route must be provided. For more information, please visit Somerset County Council's Rights of Way pages to apply for a temporary closure: http://www.somerset.gov.uk/environment-and-planning/rights-of-way/apply-for-a-temporary-closure-of-a-right-of-way/.

 

05.       The developer of the site should advise future occupants of the development that there is an area Tree Preservation Order covering the site and it is likely that works to any trees on the site will require consent.  Further details can be requested at planning@southsomerset.gov.uk.

 

(voting: 13 in favour, 2 against, 1 abstention)

Supporting documents: