Agenda item

Proposal: Demolition of former school buildings and facilities and the erection of 24 new dwellings with associated landscaping, parking and access arrangements.

The Specialist, Development presented the application as detailed in the agenda and with the aid of a powerpoint presentation showed the site and proposed plans.  She explained that the application was two starred and that should members be minded to refuse the application it will referred to the Regulation Committee for final determination. She explained that the applicant had submitted a viability appraisal that concluded should the development be approved it could not afford to pay the required sports/play obligations, however they would continue to provide the affordable housing element.

She referred to the key considerations being the design and layout, impact on residential amenity and parking and highways.  She considered the site to be of appropriate design and density and given the proposed height of the dwellings considered the public benefits outweigh any substantial impact on residential amenity.   She also confirmed there were no objections from the highways authority with the levels of parking and therefore concluded that after considering all of the responses and advice, as outlined in the agenda report, her proposal was to approve the application as set out in the agenda report.

 Two members of the public then spoke in objection to the application.  Their comments included:

·         Overdevelopment of the site as density to high.

·         Designs of new dwellings not in keeping with the character of the area.

·         Detrimental to the surrounding local area.

·         Loss of privacy to the existing homes as the site and dwellings proposed are on higher grounds.

·         Increase in traffic congestion in what is already a busy area.

·         Lack of landscaping on the site with greenery helping combat pollution issues.

·         Bin storage issues.

The agent then addressed the committee.  He said the applicant was ready to deliver the proposal and that no technical objections had been received.  He said the applicant had sought to address issues raised from Yeovil Town Council and local residents.  He believed it was a high quality development that accords with the local plan and although cannot make contributions to sport and leisure provisions will provide much needed affordable homes.

Ward member, Councillor David Gubbins acknowledged the need for development of the site but believed the density of the site was too high.  He felt the design could be improved but endorsed the requirement for electric points within the development.

Ward member, Councillor Karl Gill felt the density of the site was too high and the design was not in keeping with the existing houses in the area.  He also raised concern regarding highway safety due to the increase in traffic.

Ward member, Councillor Andy Soughton believed the proposed design did not reflect the current streetscene and believed there would be a significant increase in the traffic flow and road congestion in the area.

During discussion, members raised comments including the following:

·         Design was not perfect and could be improved.

·         Believed the density to be acceptable.

·         Proposed landscaping of the site could be improved.

·         Good location for much needed housing.

·         Believed the proposal would not have a huge impact on car movements in the area due to its town centre location.

·         Concern that not all the issues from the Town council and local residents have been addressed.

·         Development would bring more people into the town.

·         Lack of trees and landscaping which would help mitigate noise from the nearby Queensway and brighten up the development.

During a short discussion members voiced their concern regarding the lack of tree planting within the scheme and following advice from the Specialist – Development requested that an informative be included to ensure that additional tree planting will be expected as part of the landscaping scheme.

There being no further debate, it was then proposed and seconded that the application be approved, as per the officers recommendation as set out in the agenda report with an additional informative to ensure extra tree planting within the proposed landscaping scheme. On being put to the vote this was carried by 10 votes in favour, 1 against, 0 abstentions.

RESOLVED: 

That application 18/02750/FUL** be approved for the following reasons, subject to:

(a)   the prior completion or submission of an appropriate legal mechanism (in a form acceptable to the Council's solicitor) before the decision notice granting planning permission is issued, to secure:

i)   5 units of affordable housing, the exact details (bedrooms, tenure, and locations) shall be to the satisfaction of the Lead Specialist Planning in consultation with the Council's Housing Development Officer

(b)   the imposition of the planning conditions set out below on the grant of planning permission.

01.       This brownfield site is considered to be appropriate for residential redevelopment being within a highly sustainable location in the town centre. The proposal represents appropriate development that would not cause demonstrable harm to 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 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's:

            3843-BB-00-000-DR-A-PL/117

            3843-BB-00-000-DR-A-PL/115 Rev A

            3843-BB-00-000-DR-A-PL/104 Rev A

            3843-BB-00-000-DR-A-PL/105 Rev A

            3843-BB-00-000-DR-A-PL/106 Rev A

            3843-BB-00-000-DR-A-PL/107 Rev A

            3843-BB-00-000-DR-A-PL/116 Rev A

            3843-BB-00-000-DR-A-PL/113

            3843-BB-00-000-DR-A-PL/112

            3843-BB-00-000-DR-A-PL/110

            3843-BB-00-000-DR-A-PL/109

            3843-BB-00-000-DR-A-PL/108

            3843-BB-00-000-DR-A-PL/103

            3843-BB-00-000-DR-A-PL/102

            3843-BB-00-000-DR-A-PL/101

            3843-BB-00-000-DR-A-PL/100

            3843-BB-SK-000-DR-A-PL-114 Rev A

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

03.       No building operations above damp proof course level of the buildings shall take place until details of the materials to be used in the construction of the external surfaces (doors/windows/cladding/render/brick/roof finish) of the buildings hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

            Reason: In the interest of visual amenity and to accord with policies EQ2 and EQ3 of the South Somerset Local Plan.

04.       No later than within the first planting season following first occupation of any of the units hereby approved a scheme of tree and shrub planting shall be submitted to an approved in writing by the Local Planning Authority. 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 occupation 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.

05.       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 interest of visual amenity and to accord with policies EQ2 and EQ3 of the South Somerset Local Plan.

06.       No development shall be commenced until details of the 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.

            These details shall include: -

·      Details of phasing (where appropriate) and information of maintenance of drainage systems during construction of this and any other subsequent phases.

·      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 (6 metres minimum), 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.

·      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).

·      Flood water exceedance routes both on and off site, note, no part of the site must be allowed to flood during any storm up to and including the 1 in 30 event, flooding during storm events in excess of this including the 1 in 100yr (plus 40% allowance for climate change) must be controlled within the designed exceedance routes demonstrated to prevent flooding or damage to properties.

·      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 ensure that the development is served by a satisfactory system of surface water drainage and that the approved system is retained, managed and maintained throughout the lifetime of the development, in accordance with National Planning Policy Framework (July 2018) and the Technical Guidance to the National Planning Policy Framework.10.

07.       Prior to the occupation of the development hereby permitted details of the specification (acoustic/ventilation) of the windows shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out in accordance with the approved details and retained and maintained in the agreed manner thereafter unless otherwise agreed in writing by the Local Planning Authority.

            Reason: In order to protect the amenities of future residents in accordance with Policy EQ2 of the South Somerset Local Plan 2006-2028.

08.       Prior to the occupation of the units hereby approved details of the proposed bin storage shall be submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include the locations of collection points. Once agreed the scheme shall be maintained in accordance with the approved details unless otherwise agreed to writing by the Local Planning Authority.

            Reason: To promote sustainable construction as advocated by the National Planning Policy Framework.

09.       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 residential amenity in accordance with Policies TA5 and EQ2 of the South Somerset Local Plan (2006-2028).

10.       Prior to the first occupation of the units hereby approved a scheme for the maintenance of the unallocated open space shown on the submitted plan shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be implemented fully on the completion of that proportion of the total development specified in the scheme and the open space area shall thereafter be retained and maintained in complete accordance with the scheme.

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

11.       The proposed access shall be constructed in accordance with details shown on the submitted plan, drawing number 3843-BB-01-000-DR-A-PL/115 Rev A and shall be available for use before occupation. Once constructed the access shall be maintained thereafter in that condition at all times.

            The units hereby permitted shall not be occupied until the parking spaces for the dwellings as shown on drawing number 3843-BB-01-000-DR-A-PL/115 Rev A, have been provided to the satisfaction of the Local Planning Authority. The said spaces and access thereto shall be properly consolidated and surfaced, and shall thereafter be kept clear of obstruction at all times and not used other than for the parking of vehicles or for the purpose of access.

            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 each access and extending to points on the nearside carriageway edge 25 metres either side of each access. Such visibility shall be fully provided before the development hereby permitted is occupied and shall thereafter be maintained at all times

            Reason: In the interests of highway safety and efficiency and in accordance with Policy TA5 of the South Somerset Local Plan

12.       A copy of the A24 badger mitigation licence will be submitted to South Somerset District Council prior to work commencing on site.

            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 compliance with the Protection of Badgers Act 1992, which affords badger setts protection from intentional or reckless interference.

13.       The areas of rough semi-improved grassland within the construction area should initially be reduced to a height of 10 centimetres above ground level, brashings and cuttings removed and the remainder left for a minimum period of 48 hours of fine warm weather 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 April and October.

            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.

14.       No removal of trees, scrub or shrubs and buildings shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared 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: The ecological report states that there potential for nesting birds on site. Nesting birds are afforded protection under the Wildlife and Countryside Act 1981 (as amended). Peregrine falcons, list on Schedule 1 of the Act, are additionally protected from disturbance during the nesting and whilst rearing dependent young. The breeding season for peregrines begins in March and juveniles generally disperse in August to September but can be as late as January.

15.       A landscape and ecological management plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to the commencement of the development. The content of the LEMP shall include the following:

            Description and evaluation of features to be managed (including a green corridor along the northern boundary and a set aside wildlife area within the western corner of the site).

            Ecological trends and constraints on site that might influence management.

            Aims and objectives of management.

            Appropriate management options for achieving aims and objectives.

            Prescriptions for management actions, including:

            northern boundary green corridor, to be maintained as a dark corridor with no additional lighting.

            wildlife area within the western boundary

            Installation of No.4 in-built Schwegler bat tubes (type 1FR) on the southern and/or western elevation of 4 separate dwellings

            Installation of No 4x RSPB artificial swallow nesting cups to be incorporated/fixed upon the north or east elevation gable walls of the 2 separate buildings at a height above 3m.

            Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).

            Details of the body or organization responsible for implementation of the plan.

            On-going monitoring and remedial measures.

            The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details.

            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. 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". Furthermore, the Somerset Minerals Plan (3) states in Policy DM2: Biodiversity and Geodiversity, that "measures will be taken to mitigate to acceptable levels (or, as a last resort, proportionately compensate for) adverse impacts on biodiversity and geodiversity. Such measures shall ensure a net gain in biodiversity where possible".

16.       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.

17.       Before the commencement of the development hereby permitted the applicant, or their agents or successors in title, shall have secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation (WSI) which has been submitted and approved in writing by the Planning Authority. The WSI shall include details of the building recording and publication of the results. The development hereby permitted shall be carried out in accordance with the approved scheme.

            Reason: To ensure protection/recording of heritage assets in accordance with advice in the NPPF and policy EQ3 of the South Somerset Local Plan 2006-2028.

Informatives:

01.       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

02.       The applicants attention is drawn to the requirements of the associated legal agreement dated **/**/****.

03.       The developers and their contractors are reminded of the legal protection afforded to bats and bat roosts under legislation including the Conservation of Habitats and Species Regulations 2017.  In the unlikely event that bats are encountered during implementation of this permission it is recommended that works stop and advice is sought from a suitably qualified, licensed and experienced ecologist at the earliest possible opportunity.

04.       The developer is advised that the proposed landscaping scheme will be expected to include significantly more trees than those indicated on the site plan and consideration should be given to planting in the parking courts.

(voting: 10 in favour, 1 against, 0 abstentions)