Agenda item

RESOLVED:

That planning application 19/00016/FUL be APPROVED, as per the officer recommendation, subject to the following:

Justification:

01.       The Council cannot demonstrate a 5-year housing land supply. Long Sutton 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. 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. 08, 05 Rev A, 03 Rev B, 07 Rev B, 06 Rev C and 01.

            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:

·      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.

·      On-site vehicle wheel washing facilities

            Reason: In the interests of highway safety and efficiency and residential amenity in accordance with policies TA5 and EQ2 in the South Somerset Local Plan.

05.       There shall be no obstruction to visibility greater than 600 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 43.0 metres either side of the access. Such visibility shall be provided before the development hereby permitted is occupied 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).

06.       The proposed access shall be constructed in accordance with the details shown on the submitted plan, Drawing No. 06 Rev C, and shall be available for use before the occupation of the dwelling hereby approved. Once constructed the access shall be maintained in that condition 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).

07.       The proposed access over at least the first 6.0 metres of its length, as measured from the edge of the adjoining carriageway, shall be property consolidated and surfaced (not loose stone or gravel) in accordance with details which have been submitted and approved in writing by the Local Planning Authority. Once constructed the access shall be maintained in that condition thereafter at all times.   

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

08.       The gradient of the proposed access shall not be steeper than 1 in 10. Once constructed the access shall be maintained in that condition 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).

09.       Provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway, detail of which shall have been submitted to and approved in writing by the Local Planning Authority. Once constructed, the system of interception shall be retained in a good state of repair 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).

10.       The area allocated for parking and turning on the submitted plans (Drawing No. 06 Rev C) shall be kept clear of obstruction at all times 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 in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

11.       Prior to first occupation of the dwelling hereby permitted, an electric charging point (of a minimum 16amps) for electric vehicles shall be provided for the dwelling adjacent to the designated parking spaces or car port shown on the approved plan. Once installed such charging point 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.

12.       Before any foul drainage pipe work is installed, the details of that system and how it will be implemented to ensure it results in a sealed system, must be submitted to and approved by the Local Planning Authority. The system must be installed entirely in accord with the agreed details.

            Reason: To ensure no groundwater enters the foul water drainage system within the site.

13.       No works shall be undertaken until there has been submitted to and approved in writing by the Local Planning Authority, a scheme of tree/hedgerow 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.

14.       No artificial lighting associated with the development will illuminate the boundary hedgerows, or any proposed bat boxes. A lighting scheme showing how this would be achieved should be submitted to South Somerset District Council before work on site commences for approval. See Guidance Note 08/18 - Bats and artificial lighting in the UK, issued by the Bat Conservation Trust and Institution of Lighting Professionals.

            Reason: All bats are afforded protection under the Habitats Regulations 2017 by which populations are to be maintained at Favourable Conservations Status as defined under Article 1 of the Habitats Directive 1992. Lacking evidence to the contrary it must be assumed the boundary hedgerows and trees forms part of the habitat available to maintain local bat populations. Bat species are adversely affected by the introduction of artificial lighting on commuting routes, which in effect can cause severance between roosts and forging areas. A dark boundary area will also help maintain other light sensitive species on site and contribute towards conserving biodiversity.

15.       Any vegetation in the construction area, excluding the hedgerows, will be maintained at a height of less than 10cm for the duration of the pre and active construction period.

            Reason: Reptile species are afforded protection from intentional and reckless killing or injury under the Wildlife and Countryside Act 1981 (as amended). Outside the period from April to October these species are likely to in torpor or hibernation when disturbance is likely to pose a risk to survival.

16.       No hedgerow management works around the site shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of the hedgerows for active birds' nests immediately before works proceed and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority.

            Reason: Nesting birds are afforded protection under the Wildlife and Countryside Act 1981 (as amended). Although this is a legal obligation the law does not specify a time period - some species can breed outside the time frame given.

17.       With regard to badgers:

·           All contractors on site must be appropriately briefed by the Site manager, indicating that badgers are legally protected and must not disturbed.

·           Any construction excavations over 1 metre deep and left open overnight must be either cover plated or have a means of escape should a badger fall in. A suitable means of escape is a rough wood plank slowly inclined from the base of the excavation to the surrounding ground level.

·           Any construction opening larger than 125mm diameter of equivalent, must not be left open overnight.

·           New home occupiers must be advised by the Developer that badgers are active in the vicinity and that badgers and badger setts are legally protected.

            Reason: To ensure the development contributes to the Government's target of no net biodiversity loss as set out in the National Planning Policy Framework and the council's obligations for biodiversity under the Natural Environment and Rural Communities Act 2006. To ensure compliance with the Protection of Badgers Act 1992, which affords badger setts protection from intentional or reckless interference.

18.       Prior to the occupation of the dwelling hereby permitted the following enhancements shall be installed:

·      1 x terraced sparrow box to be installed within a north or east facing external wall of the new dwelling. (These are best fitted under the eaves and need to be at least three meters high and close to vegetation.)

·      1 x woodstone swift nest box to be installed on a south of west facing wall, five meters above ground level ensuring that there is an unobstructed access for birds to enter/leave the box.  (If possible, boxes should be situated under the shelter of the eaves. The southern gable end would be an ideal location on the proposed building.)

·      1 x Build-in WoodStone Bat Box or similar, to be installed on the southern and/or western elevation of the new dwelling, at a height of over 3m.

·      1 x integrated bee brick built into the external wall space of the new building. The bricks will be placed one meter above ground level on a south facing aspect, vegetation must not block the entrance holes.

            Reason: To ensure the development contributes to the Government's target of no net biodiversity loss as set out in the National Planning Policy Framework; South Somerset District Council Local Plan - Policy EQ4 Biodiversity; and the council's obligations for biodiversity under the Natural Environment and Rural Communities Act 2006. To ensure the success of mitigation measures are sustained for the duration of the development and that there is no net biodiversity loss in the long term as per Government and local minerals planning policy. Furthermore, the recently updated National Planning Policy Framework states in section 15, paragraph 170, that "Planning policies and decisions should contribute to and enhance the natural and local environment by: … d) minimising impacts on and providing net gains for biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures".

19.       No work shall be carried out to erect any boundary treatment unless full details of the boundary treatments, including walls, fences, railings, gates, gateposts have been submitted to and approved in writing by the Local Planning Authority. The work shall be carried out in accordance with the agreed details, and permanently retained and maintained.

            Reason: In the interests of visual amenity and in accordance with policy EQ2 of the South Somerset Local Plan.

20.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), there shall be no extensions to this building (including any enlargement of the roof) without the prior express grant of planning permission.

            Reason: In the interests of visual and residential amenity and in accordance with policy EQ2 of the South Somerset Local Plan.

Informatives:

01.       The applicant attention is drawn to Wales and West Utility's letter of 6/2/2019.

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.       Development, insofar as it affects the rights of way should not be started, and the rights of way should be kept open for public use until the necessary Order (temporary closure/stopping up/diversion) or other authorisation has come into effect/ been granted. Failure to comply with this request may result in the developer being prosecuted if the path is built on or otherwise interfered with.

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 County Highway Authority advise that the alteration of the access and/or minor works involves construction works within the existing highway limits. These works must be agreed in advance with the Highway Service Manager for the South Somerset Area at The Highways Depot, Mead Avenue, Houndstone Business Park, Yeovil, BA22 8RT, who will advise upon and issue/provide the relevant licences necessary under the Highways Act 1980.

05.       The County Highway Authority advise that the creation of the visibility splay will require the re-positioning of some existing street furniture (National Speed Limit signage) this may require a Traffic Regulation Order and the applicants are advised to contact the Somerset County Council Traffic Management Team in order to establish any requirements.

06.       The applicant is advised that the boundary treatments and landscaping should take into account the following advice of the ecologist:

·           Any new fencing must have accessible hedgehog holes, measuring 13cm x 13cm to allow the movement of hedgerows into and out of the site.

·           All new shrubs must be high nectar producing to encourage a range of invertebrates to the site, to provide continued foraging for bats. The shrubs must also appeal to night-flying moths which are a key food source for bats. The Royal Horticultural Society guide, "RHS Perfect for Pollinators, www.rhs.org.uk/perfectforpollinators" provides a list of suitable plants both native and non-native.

·           Where the landscaping scheme allows all new trees planted on site should ideally be from local native stock, such as field maple, ash, hornbeam, dogwood, spindle and beech.

·           The hedgerows along the north, south and west boundary will be retained and managed as a screen and habitat feature, at a height over three meters, with a minimum of 6 individual trees allowed to mature.