Agenda item

Planning Application 18/03416/FUL - Land Rear of the Old Garage, West Street, South Petherton

Meeting of Area North Committee, Wednesday 28th August 2019 2.00 pm (Item 49.)

Minutes:

(Councillor Neil Bloomfield having earlier declared a personal and prejudicial interest for this item, left the room prior to presentation and consideration of this application.)

Proposal: Demolition of redundant commercial buildings and erection of 9 dwellings and change of use of commercial unit to accommodate 4 self contained commercial B1 units (Town and Country Use Classes Order 1987 (England) (As amended)).

The Specialist (Development Management) presented the application as detailed in the agenda report, and highlighted the key considerations. She reminded members that due to the lack of a five year housing land supply there was less weight on policies. She explained there was a need locally for small starter units and was supported by SSDC Economic Development. On balance it was considered a sustainable location, as although there was no pavement, it was considered there was safe access into the village and its facilities. She referred to local concerns about some of the drainage elements, and also noted the proposal met local housing need in a rural centre without causing significant harm.

One person spoke in objection to the proposal and referred to some recent applications considered by the committee in March and June, The proposal would lead to a loss of employment land. She queried where the current business was planning to relocate, and that such information should have been provided. Applications for housing elsewhere in the district had been refused owing to the proximity to industrial units, and the potential for future nuisance complaints, and the same applied to this location. She did not agree about the road safety and the route into the village not being hazardous.

One person spoke in support of the application and commented they were local to the area and knew South Petherton well. She was looking to downsize in the future and felt she would be happy to live on the proposed development. In her opinion the light industrial units were not too close to the dwellings and would not deter people from living there. Future residents of the development would be a valuable addition to the community.

The agent, addressed members and highlighted that the proposal was for bungalows on brownfield land. The South Petherton Neighbourhood Plan also sought provision of bungalows. He referred to the National Planning Policy Framework and using particular land for housing. The proposal had the full support of Economic Development and there were no objections from statutory consultees.

Ward member, Councillor Crispin Raikes, had concerns about the location outside the main development of South Petherton and the issue regarding employment land. Some of his other comments included:

· This wasn’t infill development

· Construction of some employment starter units neighbouring the site was due to commence shortly and hence were the additional units proposed in this application also needed.

· Moor Lane floods. The small woodland to the south of the site was planted about 20 years ago to help uptake water running off the land towards Moor Lane.

· The local Doctor’s surgery was already stretched and the local schools were at capacity.

· The Neighbourhood Plan sought 1-2 bedroom bungalows not 3 bedroom.

· Vehicles often travel quite fast along the road from the site into the village centre.

Fellow ward member, Councillor Adam Dance, noted he had visited the site and didn’t share the concerns regarding flooding. He also commented that some of the local facilities were very stretched.

During discussion varying opinions were expressed, some of the comments included:

· Support the idea for bungalows but not the walk along the road into the village centre.

· If approved, would like to see it conditioned that the business units are converted first before the residential.

· Concern about potential for future complaints and the impact that may have on businesses.

· Don’t feel condition requiring business units to be converted within 3 months of occupation of last bungalow is strong enough.

· On balance, will make the site look better.

· The limit of the 30mph zone needs to be moved.

The Specialist responded to points of detail raised during debate, including:

· Condition 25 could be amended to require the business units to be converted prior to first occupation of the bungalows.

· As this was a minor application, there was not requirement to consult with Flooding Authority or the County Education. The developer would need to comply with the requirements of Wessex Water and Building Regulations regarding the drainage.

It was proposed and seconded to approve the application, as per the officer recommendation subject to condition 25 being amended to require the employment units to be completed prior to first occupation of the bungalows. The Specialist read back to members the revised wording for condition 25. On being put to the vote, the proposal was carried 8 votes in favour and 2 against.

RESOLVED:

That planning application 18/03416/FUL be APPROVED, as per the officer recommendation subject to amended wording for condition 25 (for clarity the agreed wording is detailed in the conditions below), and subject to the following:

Justification:

01. The proposed development, by reason of location, design, scale and materials meets local housing need in a rural centre, and supports economic activity appropriate to the scale of the settlement, does not demonstrably harm the settlements supply of employment land/premises and /or job opportunities and does not cause significant harm to the visual amenity, landscape character, residential amenity, ecology, flooding or highway safety in accordance with the aims and objectives of policies SD1, SS1, SS4, SS5, EQ1, EQ2, EQ4, EQ5, EQ7, EP3, TA1, TA5 and TA6 of the South Somerset Local Plan (2006-2028), the South Petherton Neighbourhood Plan and the aims and objectives of the NPPF.

Subject to the following conditions:

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. 3881-BB-SK-00-SK-A-100 Revision B received 2 April 2019

Drawing no. 3881-BB-SK-00-SK-A-101 Revision B received 4 December 2018

Drawing no. 3881-BB-SK-00-SK-A-107 received 2 July 2019

Drawing no. 3881-BB-SK-00-SK-A-102 received 18 October 2018

Drawing no. 3881-BB-SK-00-SK-A-105 received 18 October 2018

Drawing no. 3881-BB-SK-00-SK-A-104 received 18 October 2018

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

03. The external surfaces of the development hereby permitted shall be of materials as shown on approved drawing no. 3881-BB-SK-00-SK-A-102 and no other materials shall be used without the written consent of the Local Planning Authority.

Reason: In the interests of visual amenity and to accord with Policy EQ2 of the South Somerset Local Plan (2006-2028).

04. Prior to any works to the natural stone external walls full details of the new natural stonework, including the materials, coursing, bonding, mortar profile, colour, and texture along with a written detail of the mortar mix, shall be provided to and approved in writing by the Local Planning Authority; the submitted details shall be supported with a sample panel to be made available on site for inspection. The work shall be carried out in accordance with the agreed details, and the sample panel shall remain available for inspection throughout the duration of the work.

Reason: In the interests of visual amenity and to accord with Policy EQ2 of the South Somerset Local Plan (2006-2028).

05. No development approved by this planning permission shall commence until a remediation strategy to deal with the risks associated with contamination of the site has been submitted to, and approved in writing by, the Local Planning Authority. This strategy will include the following components:

1. A preliminary risk assessment which has identified:

a) all previous uses;

b) potential contaminants associated with those uses;

c) a conceptual model of the site indicating sources, pathways and receptors; and

d) potentially unacceptable risks arising from contamination at the site.

2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

3. The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the written consent of the local planning authority. The scheme shall be implemented as approved.

Reason: To ensure that the development does not contribute to, or is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution in line with paragraph 109 of the NPPF and policy EQ7 of the South Somerset Local Plan.

06. No development approved by this permission shall be commenced until a Construction Environmental Management Plan, incorporating pollution prevention measures, has been submitted to and approved by the Local Planning Authority. The plan shall subsequently be implemented in accordance with the approved details and agreed timetable.

The submitted CEMP must include safeguarding measures to deal with the following pollution risks:

· the use of plant and machinery

· wheel washing and vehicle wash-down and disposal of resultant dirty water

· oils/chemicals and materials

· the use and routing of heavy plant and vehicles

· the location and form of work and storage areas and compounds

· the control and removal of spoil and wastes.

Reason: To prevent pollution of the water environment and to accord policy EQ7 of the South Somerset Local Plan and NPPF.

07. No development approved by this permission shall commence until a scheme for water efficiency has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the agreed details.

Reason: In the interests of sustainable development and climate change adaptation and to accord with policy EQ1 of the South Somerset Local Plan

08. In the event that any signs of pollution such as poor plant growth, odour, staining of the soil, unusual colouration or soil conditions, or remains from the past industrial use, are found in the soil at any time when carrying out the approved development it must be reported in writing within 14 days to the Local Planning Authority (LPA). The LPA will then consider if the findings have any impact upon the development and development must be halted on that part of the site. If the LPA considers it necessary then an assessment of the site must be undertaken in accordance with BS10175. Where remediation is deemed necessary by the LPA a remediation scheme must be submitted to and approved in writing by the LPA and then implemented in accordance with the submitted details.

Reason: To protect the health of future occupiers of the site from any possible effects of contaminated land, in accordance with Local Planning Policy.

09. Construction work shall not begin until a scheme for protecting the proposed noise-sensitive development from noise from the nearby business unit has been submitted to and approved by the Local Planning Authority; all works which form part of the scheme shall be completed before any part of the noise-sensitive development(s) is occupied.

Authorities should give applicants guidance on the maximum noise levels to be permitted within or around the noise-sensitive development so as to provide precise guidelines for the scheme to be permitted.

A noise survey utilising BS4142:2014 should be undertaken.

Reason: To protect those living in the dwellings from traffic or other external noise sources, in accordance with policy EQ2 of the South Somerset Local Plan.

10. 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 in-writing and submitted to the Council for their approval. Upon approval in writing by the Council, the scheme of tree and hedgerow protection measures (specifically any required ground-protection, fencing and signage) shall be installed and made ready for inspection. Prior to commencement of the development, the suitability of the tree and hedgerow protection measures shall be confirmed in-writing by a representative of the Council (to arrange, please contact us at planning@southsomerset.gov.uk or call 01935 462670). The approved tree and hedgerow protection requirements shall remain implemented in their entirety for the duration of the construction of the development and may only be moved, removed 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.

11. No works shall be undertaken until there has been submitted to and approved in writing by the Local Planning Authority, a scheme of landscaping. The submitted scheme shall clearly confirm the details and dimensions of any intended tree or shrub planting, earth-moulding, seeding, turfing and surfacing. All planting stock shall be confirmed as UK-grown, and details shall be provided in regards to the planting locations, numbers of individual species, sizes, forms, root-types/root volumes and the intended timing of planting. The installation details regarding ground-preparation, weed-suppression, staking/supporting, tying, guarding, strimmer-guarding and mulching shall also be included within the submitted scheme. All planting comprised in the approved scheme shall be carried out within the dormant planting season (November to February inclusively) 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.

12. No works which include the creation of trenches or culverts or the presence of pipes shall commence until measures to protect badgers from being trapped in open excavations and/or pipe and culverts are submitted to and approved in writing by the local planning authority. The measures may include:

· creation of sloping escape ramps for badgers, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day; and

· open pipework greater than 150 mm outside diameter being blanked off at the end of each working day.

Reason: To ensure that important biodiversity is conserved and in accordance with Local Plan Policy EQ4, ODPM Circular 06/2005 plus National Planning Policy Framework paragraphs 170 and 175. This is also in accordance with Section 40 of the Natural Environment and Rural Communities Act 2006, which confers a general biodiversity duty upon Local Authorities.

13. No external artificial lighting associated with the development shall be installed that will illuminate the scattered trees along the southern and eastern boundary.

Reason: To ensure that important biodiversity is conserved and in accordance with Local Plan Policy EQ4. 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. 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.

14. No vegetation removal works around the site, and the demolition of shed with nesting evidence for wren and house sparrow, shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of the buildings to be demolished and trees, shrubs and scrub and tall ruderal vegetation to be cleared 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: To ensure that important biodiversity is conserved and in accordance with Local Plan Policy EQ4. 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.

15. Any vegetation in the construction area should initially be reduced to a height of 10 centimetres above ground level by hand, brashings and cuttings removed and the remainder left for a minimum period of 48 hours of fine warm weather [(limited rain and wind, with temperatures of 10°C or above)] before clearing to minimise the risk of harming/killing any reptiles that may be present and to encourage their movement onto adjoining land. This work may only be undertaken during the period between March and October under the supervision of competent ecologist. Once cut vegetation should be maintained at a height of less than 10cm for the duration of the construction period. A letter confirming these operations and any findings must be submitted to the Local Planning Authority by the ecologist responsible.

Reason: To ensure that important biodiversity is conserved and in accordance with Local Plan Policy EQ4. 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. Prior to the first occupation of the dwellings hereby approved the following shall be installed/implemented and thereafter retained

· 4 x Schwegler 2FN bat box, or similar, to be erected on the proposed new dwellings (4 separate houses) or any suitable trees on site. This should be installed facing a southerly direction approximately 3-5m above ground.

· 9xSchwegler 17b swift nest boxes, or similar, will be installed under the eaves and away from windows on a north facing elevation of separate dwellings.

· 9xSchwegler 1SP sparrow terraces, or similar, will be installed under the eaves and away from windows on a north facing elevation of separate dwellings.

· 1 x bee brick (https://www.nhbs.com/bee-brick), or similar, to the southern of western elevation of each separate dwelling.

· Garden fencing between properties will feature small mammal holes at the base of the fence, keeping to the minimum size of 13x13cm, to allow hedgehogs to move freely between the new and existing properties.

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.

17. The proposed access and new footpaths shall be constructed in accordance with details shown on the submitted plan, drawing number 3881-BB-SK-00-SK-A-101-B and shall be available for use before occupation of the dwellings hereby permitted. Once constructed the access shall be maintained in that condition thereafter at all times.