Agenda item

Planning Application 18/02588/FUL - Land at Jarman Way Chard Somerset

Meeting of Regulation Committee, Tuesday 16th July 2019 2.00 pm (Item 65.)

Minutes:

(Councillor Neil Bloomfield left the room during consideration of this item).

Proposal: The erection of 23 No. dwellings, means of access and associated works.

The Specialist – Development Management 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. It had originally been considered at the Regulation Committee on 16^th April 2019, however had been deferred to allow the Area West Committee minutes to be finalised and agreed. He then proceeded to give a detailed presentation and with the aid of slides showed the site, proposed plans and access.

He referred to the key considerations being principle of development, sports and leisure contributions, highway safety/parking standards and visual/residential amenity. He understood the scheme was to be developed as 100% affordable housing and that there was no current policy to seek to protect the land for use to a care home. He also explained the site history and stated that the applicant had taken out a parking survey which had demonstrated there was sufficient on street parking to mitigate the shortfall in parking provision of the scheme. The Highway Authority considered this acceptable.

He also explained a DV assessment had been undertaken and although deemed not a viable scheme for financial contributions, a contribution has been sought and agreed of £28,212.00 for local provision.

In terms of updates he reported that:

· The resolution be updated to include the provision of sport and leisure contribution totalling £28,212.00 for the provision of local equipped play space and youth facilities at plot 5 consisting of £18,278.00 towards provision and a commuted sum of £9,934.00 towards ongoing maintenance. This will include a mechanism for the payment of additional contributions to be paid in the event that any of the 65% of additional affordable units are sold on the open market.

· Condition 2 to be updated with plan numbers.

· Condition 5 and 15 – substitute reference word ‘green’ to ‘pink’

· Condition 12 be amended as the Construction and Environmental Management Plan had now been agreed.

He therefore concluded that after considering all of the responses and advice, as outlined in the agenda report, his proposal was to approve the application subject to the conditions as set out in the agenda report with amendments to conditions 2, 5, 12 and 15 and subject to a section 106 legal agreement to include financial contribution to local play area as previously stated.

In response to questions from Members, the Specialist - Development Management confirmed that the District Valuer’s (DV) report was based on 35% affordable housing being provided consisting of 80% social rent and 20% intermediate and that it is expected that additional affordable provision within the scheme is funded via other sources such as grant funding. The purpose of the report was to deal with the viability of sport and leisure contributions.

The Senior Legal Executive confirmed that although the applicant indicated this site would be a 100% affordable housing development the obligation in the s106 legal agreement would only reflect the policy position of 35%.

The Agent then addressed the committee. Some of his comments included:

· There was no Local Plan Policy requirement to market the site as a care home.

· Site is located within Chard where principle of development is supported.

· Site is not allocated for employment purposes.

· There is no demand for care home on this site.

· Planning permission had been granted for a care home six years ago and no providers had come forward.

· Sustainable location with local facilities and bus services.

· The Council cannot demonstrate a 5 year land supply.

· There were no statutory consultee objections on technical grounds.

· Excellent site which with provide much needed affordable housing.

During a short discussion, members acknowledged the need for a care home had not been forthcoming and that the proposal provides much needed affordable housing. It was therefore proposed and subsequently seconded that planning permission be approved, as per the officer’s recommendation as set out in the agenda report with amendments to conditions 2,5,12,15 and subject to a section 106 legal agreement to include financial contribution to local play area as previously stated.

On being put to the vote this was carried unanimously.

RESOLVED:

That planning application 18/02588/FUL be approved subject to the following:

The prior completion of a section 106 agreement (in a form acceptable to the Council's solicitor(s)) before the decision notice granting planning permission is issued to:-

a) Ensure the delivery of 35% affordable housing, 80:20 in favour of social rented accommodation over other intermediate types (to the satisfaction of the Local Planning Authority) or an alternative tenure mix to be agreed with the Local Planning Authority in the event that the scheme delivers more than 35% affordable housing.

b) The provision a contribution totalling £28,212 for the provision of local equipped play space and youth facilities at plot 5 consisting of £18,278.00 towards provision and a commuted sum of £9,934.00 towards ongoing maintenance. This will include a mechanism for the payment of additional contributions to be paid in the event that any of the 65% of additional affordable units are sold on the open market.

And

c) The following conditions:

01. The provision of housing in this sustainable location would contribute to the council's housing supply without demonstrable harm to residential amenity, highway safety, ecology or visual amenity, and without compromising the provision of services and facilities in the settlement. As such the scheme is considered to comply with the policies of the South Somerset Local Plan (2006-2028) and the aims and objectives of the National Planning Policy Framework (2018).

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. Other than as required by conditions, the development hereby permitted shall be carried out in accordance with the following approved plans: Issue sheet dated 27th March 2019; Traffic Management Plan dated 11^th March only.

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

03. No development hereby approved shall be carried out on each of the following until particulars of the relevant detail have been submitted to and approved in writing by the Local Planning Authority;

a.) a schedule of materials (including the provision of samples to indicate colour and finish where appropriate) to be used for the external walls and roofs;

b.) details of all hard standing to serve the dwellings hereby approved, including hard standing for footpaths and parking spaces;

c.) panels of brickwork and stonework shall be provided on site for inspection;

d.) details of the materials, colour and finish (including the provision of samples where appropriate) to be used for all new windows (including any

rooflights) and doors;

e.) particulars of boundary treatments and hard surfacing materials.

f.) details of meter cupboards and gas boxes, including location, colour and finish;

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

Reason: To safeguard the character and appearance of the area in accordance with Policy EQ2 of the South Somerset Local Plan (2006-2028).

04. The scheme of landscaping, illustrated on plan no. 3821-BBLA-SP-XX-DR-L-210 Rev. C shall be carried out and completed no later than in the first planting and seeding season following the first occupation of any of the dwellings hereby approved. 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.

Reason: To safeguard the character and appearance of the area in accordance with Policy EQ2 of the South Somerset Local Plan (2006-2028).

05. No development, other than works associated with the construction of the vehicular access up to base course level within the area outlined in pink on Dwg No. 3821-BB -SP -00 -DR-A-121, shall take place until a surface water drainage scheme based on sustainable drainage principles 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.

Reason: To ensure that the development is served by a satisfactory system of surface water drainage in accordance with the NPPF (2018) and Policy EQ1 of the South Somerset local Plan (2006-2028).

06. The proposed estate roads, footways, footpaths, tactile paving, cycleways, bus stops/bus lay-bys, 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.