Agenda item

Proposal:Outline application for the erection of 8 dwellings

The Specialist, Development Management, introduced his report and advised that the application was for 8 dwellings at the north end of Upton Lane.  Although this was an unclassified road of variable width serving approximately 40 properties, the development was acceptable as there were plenty of passing places.  There were issues with the junction of Upton Lane with the old A303 but the Highway Authority had not raised any objections and had recommended a number of conditions if permission was granted.  The properties at the northern end of the site would be single storey due to the proximity with the nearby A303.  He concluded that his recommendation was to grant permission.

The Committee were addressed by 4 local residents and a representative on behalf of the Parish Council.  Their comments included:-

• Upton Lane is a narrow highway for most of its length and two vehicles meeting often have difficulty passing each other.
• The parish does not need or want more houses on its northern edge which is good arable land.
• The proposal to plant trees to mask the vehicle noise of the A303 will have little effect on the development or the village.
• There is a constant stream of traffic on the old A303 who constantly exceed the 30mph limit.
• The Highway Authority’s intention to dual the A303 will bring the road closer to this development.
• The junction of Upton Lane with the old A303 is poorly aligned and there is no visibility to the West.
• The proposed development does not bring employment, community services or sustainability and does not have local support.

The Committee were addressed by the applicants Highway Adviser and the applicant’s Agent.  Their comments included:-

·         The applicants had conducted a traffic survey during the peak traffic period which had 20 vehicles leaving Upton Lane and 16 arriving which equalled 2 vehicle movements every 3 minutes.

·         There had been no recorded accidents at the junction in the past 5 years.

·         The responses from the Highway Advisers should not be set aside without good reason.

·         Upton Lane used to be a through road.

·         The applicants had been patient and had reduced the height of some of the proposed properties.

In response to questions from Members, the Specialist, Development Management advised:

·         A housing needs assessment had not been submitted as part of the application.

·         Although the applicants had mentioned offering discounted housing in their supporting statement, because the proposal was for less than 10 dwellings this could not be enforced or made binding.

·         There was no history of any other housing development applications at the site although there could have been on adjacent sites.

One of the Ward Member, Councillor Crispin Raikes, advised that the additional vehicle movements at the junction would impact on local residents and although the pinch point in the lane was short, parked vehicles beyond it made access difficult. Surface water run-off down the roads sometimes exceeded the culverts capacity and was a problem.  He felt that one or two houses would be acceptable but 8 was too many.

The other Ward Member, Councillor Adam Dance, regretted that there was no affordable housing or that the offer of discounted housing had not been pursued and he asked that his disappointment be recorded.

Members discussed the substandard junction with the old A303 but concluded that refusing the application because of highway issues would be a weak argument.  The Senior Planning Lawyer confirmed that the applicants could not be held to any offer of discounted housing under current Government planning laws.

At the conclusion of the debate, it was proposed and seconded to approve the application as per the officer’s recommendation and on being put to the vote, this was approved by 5 in favour, 3 against and 0 abstentions.

01.       The proposal, by reason of its size, design, materials and location, represents a development that would respect the character of the area, causes no demonstrable harm to residential amenity and does not foster growth in the need to travel in accordance with the aims and objectives of Policies SD1, EQ2, EQ4, EQ7, TA1, TA5 and TA6 of the South Somerset Local Plan (2006-2028) and the relevant guidance within the National Planning Policy Framework (2019).

SUBJECT TO THE FOLLOWING:

01.       Details of the appearance, landscaping, layout and scale (hereinafter called the "reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

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

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 and the development shall begin no later than 3 years from the date of this permission or not later than 2 years from the approval of the last "reserved matters" to be approved.

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

03.       Other than as required by conditions the development hereby permitted shall be carried out in accordance with the following approved plans: 18.23.01; 18/23/02 only.

            Reason: In the interests of clarity.

04.       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. 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 general amenity to accord with Policy TA5 of the South Somerset Local Plan (2006-2028).

05.       The development hereby permitted shall not be occupied until the parking spaces for the dwellings and a properly consolidated and surfaced turning space for vehicles have been provided and constructed within the site in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority. 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 to accord with Policies TA5 and TA6 of the South Somerset Local Plan (2006-2028).

06.       The development hereby permitted shall not commence until a Construction Traffic Management Plan has been submitted to and approved in writing by the Local Planning Authority (in consultation with Somerset County Council). 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 and a scheme to encourage the use of public transport amongst contractors. The development shall be carried out strictly in accordance with the approved Construction Traffic Management Plan.

            Reason: In the interests of highway safety to comply with Policy TA5 of the South Somerset Local Plan (2006-2028|).

07.       The dwellinghouse(s) to be erected within the plots annotated as 'P5 C' and P6 B' illustrated on the approved plan, drawing No. 18.23.02 shall be of single-storey construction only with no accommodation in the roof space.

            Reason: In the interests of preserving the setting of the adjacent Listed Building to accord with Policy EQ3 of the South Somerset Local Plan (2006-2028).

08.       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 in accordance with details to be approved in writing by the Local Planning Authority. Once installed such parking 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 of the South Somerset Local Plan (2006-2028).

09.       The reserved matters submission shall be for residential development not exceeding a total gross internal floor area of 1,000 square metres

Reason: To ensure an appropriate levels of planning obligations in accordance with the relevant sections of the NPPG and the National Planning Policy Framework.

Informatives:

01.       Nesting birds:

The applicant is advised of their obligations under the relevant wildlife protection legislation. If any site clearance works take place between March and August (inclusive) then a walkover of the site will be required to ensure skylarks are not nesting on the ground.

If bramble removal is required and cannot be completed between September and February, then an ecologist will should inspect the scrub patches to ensure nesting birds are not present.

02.       General Works

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.

Section 171 Licence

The applicant will be required to secure a licence from the Highway Authority for works on or adjacent to the highway necessary as part of this development, and they are advised to contact Somerset County Council at least four weeks before starting such works.

03.       The applicant is advised that consent is required from Wessex Water to connect to the public foul sewer and water mains. The applicant is further advised that Wessex Water will not permit the build over of public water mains. For further information please contact development.west@wessexwater.co.uk

04.       The surfacing of the PROW CH 21/18 will require authorisation from SCC Rights of Way Group. Associated infrastructure may also be required. I have attached a form that should be completed and returned to Les Braunton (Rights of Way Officer - email: LBraunton@somerset.gov.uk).

The applicant is advised that there is a public footpath (CH 7/2) adjacent to the proposed site. 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:

                       i.          make a PROW less convenient for continued public use; or

                      ii.          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

(Voting: 5 in favour, 3 against, 0 abstentions)