Agenda item

Proposal: Erection of 10 dwellings and associated works including the formation of 2 No. accesses (outline)

The Senior Planning Advisor introduced the report and explained that this application had been referred by Area West Committee for the reason as set out in the agenda report – “harm to the setting of a heritage asset”.

He explained that this was an amended application for 10 dwellings from the original proposed development for 26 dwellings. He referred to permissions already granted within Ashill. He explained the main issue was the impact the proposal on the setting of the heritage asset Grade II* Listed Church of the Blessed Virgin Mary and whether the public benefit of the scheme would outweigh this harm.  

The Senior Planning Advisor referred to Policy EQ of the National Planning Policy Framework (NPPF) and concluded that although there would be some minimal impact/harm he believed overall the scheme mitigated any significant adverse impacts.

In response to questions from Members, the Senior Planning Advisor confirmed that permission for 30 dwellings had already been granted elsewhere in the village and believed this development, if granted, would increase the population by approximately 20%. (This was subsequently disputed and it is agreed that the proposed development if approved would increase the “village of Ashill” by some 46%).

Councillor Linda Vijeh, Ward member addressed the committee and voiced her objection to the application.  Her comments included:

·         Believed the orchard had been in situ since 1880 and was a distinctive component of the village.

·         Although Ashill parish has in excess of over 200 houses the majority are not within the village, (82 existing homes in the village) of the proposed development and therefore this development would have a significant impact.

·         Houses would be built in an area having the most impact on the church.

·         Corrected the statement that the best views of the church would be as one drives to the west as the church would then be behind the driver.

·         Drew attention to the Forge Field High Court case and the requirement for the public benefit to be powerful.

·         Questioned the consistency of officer recommendations. Whilst this was supported another scheme for 3 homes had been recommended for refusal on the local amenity.

·         Site is not in a sustainable location with a lack of local facilities and minimal bus services.

·         No affordable housing element and no contribution to local facilities.

·         Adverse impact significantly outweighs any benefits.

The committee was then addressed by a representative of Ashill Parish Council. His comments included:

·         Insufficient infrastructure with no essential services in the village (no bus service, shops, doctors etc.) therefore site is not located within a sustainable location. 

·         Scale of proposed development is out of proportion with the current village.

·         Unsuitable and inadequate sewerage and drainage system.

·         Proposal would have a significant impact on the Grade II* Listed Church and listed buildings.

·         Adverse impact significantly outweighs any benefits and fails policy SS2.

·         Proposal does not provide any employment benefits or enhance local facilities.

·         No identified housing need in the village

·         Proposal would have a cumulative impact with other permissions already approved.

·         No significant financial contribution to local facilities.

·         Proposal not supported by the local community, the parish council or Area West Committee.

·         136 letters of objection to the development had been sent.

Four members of the public then spoke in opposition of the application.  Their comments included:

·         Proposed gains achieved against the requirements of the five year housing land supply have been overstated.

·         Concern on the impact upon wildlife that uses the site. Reference to biodiversity and local policies and that a comprehensive survey should be carried out as there is insufficient detail in order for the Council to make a decision as do not know which wildlife currently uses the site.

·         The benefits of the scheme have been overstated and the potential harm has not been investigated adequately.

·         Actual village of Ashill only comprises 82 dwellings and believe this development would increase the number of dwellings by over 46% a massive disproportionate expansion. (Officer: this is correct)

·         Insufficient infrastructure with no essential services in the village (no bus service, shops, doctors etc.) therefore site is not located within a sustainable location. 

·         Scheme provides no employment benefit to the area.

·         Proposal is contrary to Policy SS2 and settlement strategy.

·         No proven housing need in Ashill.

·         Insignificant amount of CIL contribution.

·         The views of the very rare Grade II* Listed Church should be maintained and therefore the NPPF should be given great weight.

·         Noted that Historic England had not withdrawn objection. (Officer: this is not correct)

·         Proposal would cause permanent harm to the view and setting of the Grade II* Listed Church.

·         Although the Flood Authority were satisfied with SUD’s scheme they had requested more detail with regard to the management and maintenance of the system.  Concern was expressed as to how this would be funded and guaranteed.

·         There would be an increase in car usage generated by the new development therefore contrary to SSDC Strategy for Climate Change emergency and low carbon living. 

The Applicant then addressed the committee.  His comments included:

·         Orchard is past its commercial use and visual enhancement.

·         Adequate wildlife surveys were undertaken.

·         The application addressed the local issues raised and has moved building to eastern fringe, maintaining the view to Grade II* Listed Church.

·         Historic England have now withdrawn their objection.

·         Proposed drainage scheme and the collection of surface water deemed acceptable.

·         Excellent road links.

·         Proposal would help regenerate the village and its local facilities.

·         Need to support the growth of the village and provide housing for new families.

The Agent addressed the committee.  His comments included:

·         The site is separated by high hedgerows and mature trees and believes the location of the proposed dwellings maintain the views and setting of the Grade II* Listed Church and has a strong visual relationship with adjacent properties.

·         Reiterated that Historic England do not object to the revised application.

·         The development preserves the settlement of the Grade II* Listed Church through a sympathetic design.

·         Considers the development to have no adverse impact on the setting of the heritage assets or surrounding landscape character.

·         Delivers economic, social and environmental benefits.

·         Believes the public benefits of the proposal outweigh any significant impact on the environment and local community.

Following questions from three members of the committee, the Senior Planning Advisor clarified the location of the houses in relation to the Grade II* Listed Church and other listed buildings and considered that any building on the western side would be considered fragmentation of the site.

There being no further debate, a recommendation for approval of the application was proposed and subsequently seconded as per the officer’s recommendation. 

The Chairman felt there was no need at this stage to hear a counter proposal as he would take the first recommendation to the vote first.  On being put to the vote this was carried by 6 votes in favour, 5 against and 2 abstentions.

Following this vote a short discussion took place where some members felt they were not given the appropriate opportunity to discuss and debate a counter proposal to refuse the application and sought legal advice on the procedure followed.

The Chairman accepted that legal advice be sought and therefore following a short adjournment to seek this advice it was agreed that the vote be retracted for fairness and procedural reasons to allow all points of view to be discussed.

The Chairman clarified to members that the first proposal to approve the application would still be taken first but should this fail a counter proposal would then be considered.  He then invited members for further comment on the application.  These comments included:

·         No new evidence which negates the recommendation to approve the application.

·         NPPF very clear on protecting heritage assets and any harm is wholly exceptional.

·         Statutory duty to protect heritage assets and promote South Somerset and its very distinctive landscape and heritage.

·         Housing demand in Ashill already met.

·         Site is located in unsustainable location with insufficient infrastructure with no essential services in the village including no bus service and therefore future residents would be dependent upon cars.

·         Not totally convinced the development would cause demonstrable harm to the setting of the heritage asset and believe every effort has been made to protect the views of the church.

In response to further questions from members the Senior Planning Advisor confirmed that:

·         There was no condition included for the requirement of solar panels.

·         This was an outline application and therefore the size of housing would be detailed at reserve matters stage.

At the conclusion of the debate, members unanimously agreed that a named vote be taken.  It was then proposed and subsequently seconded to approve the application as per the officer’s recommendation as set out in the agenda report.  On being put to the vote this was taken as 6 votes in favour, 6 against and 1 abstentions. The Chairman then provided his casting vote in favour of the application.

RESOLVED:

That application 17/04328/OUT be approved subject to the following:

01.       The Council cannot demonstrate a 5-year housing land supply. Ashill 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 either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

            Reason: To accord with the provisions of Article 4 (Article 5) of the Town and Country Planning

            (Development Management Procedure) Order 2015

.

02.       Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

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

03.       The development hereby approved shall be carried out in accordance with the following approved plans:

            Drawing numbers: 2479-sk-15, 2479-PL-04 Rev A and 247 - PL-01

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

04.       The development hereby permitted shall not be commenced (including any ground works or site clearance) until a survey to determine presence/absence of reptiles, plus if present, a mitigation plan or method statement detailing measures to avoid harm to slow worms, 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).

05.       No removal of vegetation that may be used by nesting birds (trees, shrubs, hedges, bramble, ivy or other climbing plants) shall be carried out between 1st March and 31st August inclusive in any year, unless previously checked by a competent person for the presence of nesting birds.  If nests are encountered, the nests and eggs or birds, must not be disturbed until all young have left the nest.

            Reason: To avoid disturbance to nesting birds thereby ensuring compliance with the Wildlife and Countryside Act 1981, as amended by the CROW Act 2000, and in accordance with Policy EQ4 of the South Somerset Local Plan.

06.       Any steep sided construction excavations over 1 metre deep and left open overnight must be covered plated or have a means of escape should an animal fall in. (A suitable means of escape is a rough wood plank inclined from the base of the excavation to the surrounding ground surface).

            Any voids or openings over 100mm in diameter, or equivalent, beneath new structures must be blocked over night to deter badger entry.

            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).

07.       The reserved matters application shall include full details of proposals for the incorporation of features to enable the enhancement of biodiversity.

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

08.       The development hereby permitted shall not commence until details of the design, implementation, maintenance and management of the sustainable drainage scheme in accordance with the submitted Drainage Strategy (Sands, May 2018 Rev 4) have been submitted to the LPA and approved in writing by the LPA.

            Those details shall include:

            a. 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, the methods employed to delay, and control surface water discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters;

            b. Any works required off-site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing culverts and headwalls or removal of unused culverts where relevant);

            c. Flood water exceedance routes, both on and off site;

            d. 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 secure a working drainage system to the he approved details shall thereafter be implemented, retained, managed and maintained in accordance with the approved details throughout the lifetime of the development

09.       The reserved matters application shall include foul water drainage details to serve the development. Before any development commences on site, these drainage details shall have been approved by the Local Planning Authority and shall be completed and become fully operational before the development hereby permitted is first brought into use. Following its installation such approved scheme shall be permanently retained and maintained thereafter in accordance with details submitted and approved.

            Reason: To ensure that the site is adequately drained in accordance with the National Planning Policy Framework.

10.       The applicant shall ensure that all vehicles leaving the site are in such condition as not to emit dust or deposit mud, slurry or other debris on the highway. In particular (but without prejudice to the foregoing), efficient means shall be installed, maintained and employed for cleaning the wheels of all lorries leaving the site, details of which shall have been agreed in advance in writing by the Local Planning Authority and fully implemented prior to the commencement of construction, and thereafter maintained until construction works is completed.

            Reason: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

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: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

12.       The proposed estate roads, footways, footpaths, tactile paving, 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: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

13.       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: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

14.       The gradients of the proposed drives to the dwellings hereby permitted shall not be steeper than 1 in 10 and shall be permanently retained at that gradient thereafter at all times.

            Reason: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

15.       In the interests of sustainable development none of the dwellings hereby permitted shall be occupied until a network of cycleway and footpath connections has been constructed within the development site in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority.

            Reason: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

16.       None of the dwellings hereby permitted shall be occupied until a scheme of street lighting has been installed within the development site in accordance with a design and specification to be approved in writing by the Local Planning Authority

            Reason: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

17.       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 120 metres either side of the access. Such visibility shall be fully provided before the development hereby permitted is commenced/occupied/brought into use 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 (2006-2028).

18.       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

            Reason: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

19.       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 detailed 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 shall be installed and made ready for inspection.  A site meeting between 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 the Council and confirmed in-writing by the Council to be satisfactory prior to any commencement of the development.  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 the health, structure and amenity value of 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.

20.       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 include the details of provenance, planting locations, numbers of individual species, and sizes at the time of planting, details of root-types/grafting and the approximate date of planting. The installation details regarding ground preparation, staking, tying, strimmer-guarding, weed-suppression 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 fifteen 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.

21.       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. Sufficient electric charging points for at least one per dwelling shall be provided in this way. 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.

22.       The development hereby permitted shall not exceed 1000m² (combined gross floor space).

            Reason: Otherwise the development would be required to make contributions towards affordable housing and sports/leisure facilities in accordance with Policies HW1, SS6 and EQ2 of the South Somerset Local Plan 2006-2028.    

Informatives:

01.       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

02.       The applicant will be required to secure an appropriate legal agreement/ licence for any works within or adjacent to the public highway required as part of this development, and they are advised to contact Somerset County Council to make the necessary arrangements well in advance of such works starting.

03.       Any proposed works must not encroach on to 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/ .

04.       The LLFA actively promote the use of sustainable drainage systems (SUDS) as they provide flood risk benefit but also enhance biodiversity, amenity value and water quality. Any opportunities to incorporate a range of SUDS should be fully explored.

05.       There must be no interruption to the existing surface water and/or land drainage arrangements of the surrounding land as a result of the operations on the site. Provisions must be made to ensure that all existing drainage systems continue to operate effectively

(voting: 6 in favour, 6 against, 1 abstention)