Agenda item

Planning Application 19/02417/FUL - Land Adjacent Ham Lane, Compton Dundon

Minutes:

Application Proposal: The erection of one dwelling with garage, access and landscape planting.

The Specialist (Development Management) presented the application, and noted that existing buildings to the rear of the proposal site were used as workshops. He highlighted the key considerations, and noted that whilst the proposed dwelling was large it was comparable to nearby properties, and would be built in materials in keeping with the local area.

He updated members that a further letter of objection had been received since the agenda had been published, raising no new issues other than those already outlined in the report.

A representative for Compton Dundon Parish Council and two members of the public spoke in objection to the application. Some of their comments included:

· The overall height of the building is considered to be severely out of character with the neighbouring area.

· Might be more acceptable if the proposal was 1½ storey to mitigate local concerns.

· Object to two gaps being made in the hedge to access the site. Maintenance of the 100 year old hedge will destroy habitats.

· Query the order of the applications on the agenda.

· Site and position of the proposed dwelling will be overbearing, especially to the dwelling opposite. Concerned about over-looking.

A member of the public and the agent then addressed members in support of the application. Some of their comments included:

· Communities were often thinking about how to bring land forward in their villages to enable someone to build a house and continue living in their area.or property.

· There were two separate applications for this and the neighbouring sites, as there were two different applicants and the sites were in different ownership.

· The applicant wanted to build a home for the specific needs of his own family to live in instead of renting.

· Survey showed there would be no impact on ecology. The proposal would not be overbearing and highways did not object to the access.

Ward member, Councillor Tim Kerley, shared the concerns raised about the overbearing nature on Rose Cottage.

Fellow ward member, Councillor Dean Ruddle, acknowledged that this and the following application, although separate applications, were linked. He felt there was a fine balance and normally he would not have called in an application such as this to the committee.

In response to comments made, the Senior Planning Lawyer clarified that this, and the following application on the agenda, were each judged on their own merits. If the first application was approved, the committee were not bound to approve the other, and vice-versa.

A member commented that the aerial photographs showed that the site was already partly developed as structures were clearly visible on the site.

There being no further discussion, it was proposed to approve the application as per the officer recommendation, and on being put to the vote was carried 5 votes in favour and 1 against.

RESOLVED:

That planning application 19/02417/FUL be APPROVED, as per the officer recommendation, subject to the following:

Justification:

01. The proposal by reason of size, scale and materials, is acceptable as it respects the character of the site and its surroundings, and has no detrimental impact on local ecology, residential amenity or highway safety. As such, the proposed development is considered to accord with the aims and objectives of policies SD1, TA1, TA5, TA6, EQ2 and EQ4 of the South Somerset Local 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:

Main drawing refs: 2641A-DR-A-050-

002 - Site Plan

003 - Ground floor plan

004 - First floor plan

005 - SW and NW Elevations

006 - NE and SE Elevations

007 - Location Plan

Site Survey job no. 7880 (x3)

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

03. The area allocated for parking on the submitted plan number 2641A - DR-A-050-002-Site Plan shall be kept clear of obstruction and shall not be used other than for parking of vehicles in connection with the development hereby permitted.

Reason: In the interests of highway safety and in accordance with policies TA5 and TA6 of the South Somerset District Local Plan 2006-2028

04. Provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway, details of which shall have been submitted to and approved in writing by the Local Planning Authority. Such provision shall be installed before the development is first brought into use and thereafter maintained at all times.

Reason: In the interests of highway safety and in accordance with policies TA5 and TA6 of the South Somerset District Local Plan 2006-2028

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 vehicular access and extending to points on the nearside carriageway edge

43 metres in both directions. Such visibility shall be fully provided before the development hereby permitted is brought into use and shall thereafter be maintained at all times.

Reason: In the interests of highway safety and in accordance with policies TA5 and TA6 of the South Somerset District Local Plan 2006-2028

06. No removal of hedgerows, trees or shrubs 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 by the ecologist

Reason: In the interests of nesting wild birds and in accordance with policy EQ4 of the South Somerset Local Plan.

07. Badgers could be encountered during and post development. Appropriate impact avoidance and briefing of contractors and information for home occupiers should be provided as per the following conditions:

· 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 compliance with the Protection of Badgers Act 1992, which affords badger setts protection from intentional or reckless interference and in accordance with Policy EQ4 of the South Somerset District Local Plan.

08. Potential resting places for reptiles were found on site in the form of log piles and other material, as such:

· Any features, such as the spoil pile on the western edge of the site, which potentially afford resting places for reptiles and/or amphibians will be dismantled by hand, piles should be removed from the site in phases; beginning from the centre of the pile moving slowly outwards to give any protected species present time to disperse away and to avoid being isolated from ecological corridors that will provide a means of escape.

Reason: In the interests of biodiversity and in accordance with Policy EQ4 of the South Somerset District Local Plan.

09. The entrance gate(s) shall be set back a minimum distance of five metres from the edge of the adjoining carriageway and the sides of the access shall be splayed from the centre of the access at such distance from the carriageway edge at an angle of 45 degrees. These works shall be fully implemented before the access concerned is first brought into use.

Reason: In the interests of highway safety and in accordance with Policies TA5 and TA6 of the South Somerset District Local Plan

10. The development hereby permitted shall not be commenced until the surfacing materials of the access drive and turning and parking areas have been approved in writing by the Local Planning Authority and such areas properly drained, consolidated and surfaced in accordance with those approved details.

Reason: In the interests of highway safety and in accordance with Policies TA5 and TA6 of the South Somerset District Local Plan.

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 SSDC Highway consultant advises:

A S.184 license will be required from SCC to form the entrance

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

Supporting documents: