Agenda item

Proposal: The erection of 142 dwellings together with associated infrastructure including access/highway improvements, drainage and attenuation, play area, open space and landscaping.

The Agency Planner introduced his report in detail with the assistance of a power point presentation.  He advised that if granted, permission would be limited to one year to encourage the developer to start building out the site.  As with the previous application, the Planning Inspector’s decision on a previous application at the site was a material consideration as he had concluded that the site was acceptable but was premature and the Chard Regeneration Scheme should be allowed time to develop.  Access to the site would be through a new t-junction onto the Crimchard Road with a new footpath linking to the existing right of way.  The site was outside the Chard development area however the lack of a 5 year housing land supply outweighed this.  The site would cause no demonstrable harm and the recommendation was to approve the application subject to a Section 106 obligation.

In response to questions from Members, the Agency Planner and Lead Specialist for Development Management advised:-

·         None of the proposed site was within the defined development area.

·         Following the Area West Committee meeting the applicant had widened the access point and increased visibility at the entrance.

·         Officers would prefer the two sites to be linked but there were only pedestrian links proposed.

The Committee were then addressed by 3 local residents in opposition to the development.  Their comments included:-

·         Disagree with the results of the car parking survey and traffic survey submitted by the applicants.  The time taken to wait and pass parked cars is incorrect.

·         The plans showed a dotted line down the centre of the road but in reality it is a narrow country lane. 

·         Traffic exiting the development will either turn right or left and will mean another 300 or 400 cars through Wadeford and Combe St Nicholas.  Please bear in mind the impact on local villages.

·         The proposal is not sustainable as there are no nearby facilities and the school is full.

The Committee were then addressed by a transport adviser, the applicant and his agent in support of the application.  Their comments included:-

·         Visibility at the entrance had been maximised and new gateway features would help to reduce the speed of traffic.

·         Since the Area Committee meeting a traffic flow survey had been undertaken which indicated no material change to the free-flow of traffic on Crimchard Road.

·         As the adjacent site had been granted permission it was now logical to approve this as an infill site.

·         If permission was granted, development would commence within 6 weeks.

·         142 houses at this site will not prejudice the development to the east of Chard.

·         The infrastructure delivery plan said the doctors surgery and schools could cope with the addition of Section 106 contributions towards education.

At the conclusion of the debate, it was proposed and seconded to grant permission as per the officer’s recommendation and when put to the vote, was carried by 7 votes in favour, 3 against and 2 abstentions.  It was therefore:

RESOLVED:  That planning application 19/00074/FUL be GRANTED permission subject to:

SECTION 106 PLANNING OBLIGATION / UNILATERAL UNDERTAKING

a) The prior completion of a section 106 planning obligation (in a form acceptable to the Council's Solicitor(s) before the decision notice granting planning permission is issued, the said planning permission to cover the following terms/issues:

1.    The provision of affordable housing,

2.    Contribution towards the provision of sport, play, open space and strategic facilities. 

3.    Highway infrastructure and works.

4.    Education contribution

5.    A Travel Plan

For the following reason:

Notwithstanding the local concerns, the provision of 142 houses together with access/highway improvements, drainage and attenuation, play area, open space and landscaping in this sustainable location would contribute to the council’s housing supply without demonstrable harm to the local landscape, the character of the settlement, residential or visual amenity, ecology, archaeology, flooding and drainage or highway safety, and without compromising the provision of services and facilities. As such the scheme is considered to comply with the aims and objectives of policies SD1, SS1, SS4, SS5, SS6, PMT1, PMT2, HG3, TA1, TA4, TA5, TA6, HW1, EQ1, EQ2, EQ3, EQ4, EQ5 and EQ7 of the South Somerset Local Plan (2006-2028) and the provisions of the National Planning Policy Framework.

Conditions:

01.       The development hereby permitted shall be begun before the expiration of one year 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 approved shall be carried out in accordance with the following approved plans as set out in Drawing and Document Register - Job No. 18-083 14/11/2019 Rev A

·                     1848_1000_Location Plan /A

·                     1848_1100_Planning Layout - /L

·                     1848_1111_Materials Plan /E

·                     1848_1112_Storey Heights Plan /C

·                     1848_1113_Waste Collection Plan /C

·                     1848_1114_Enclosures Plan /C

·                     1848_1115_Land Ownership Plan /C

·                     1848_1116_Parking Plan /C

·                     1848_1117_External Work Plan /C

·                     1848_1118_Affordable Housing Plan /C

·                     1848_1120_POS Areas Plan /C

·                     1848_1150_Sections /B

·                     1848_1170_Streetscenes /C

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

03.       The development shall be undertaken in accordance with the submitted Ecological Impact Assessment Report recommendations Report ref: C037/R6/v3 Date: September 2019

            Reason: To protect ecological interests to accord with Policy EQ4 of the South Somerset Local Plan.

04.       Prior to commencement of the development the Tree Protective Fencing identified within the Arboricultural Method Statement (December 2018) - including signage shall be installed and made ready for inspection. A site meeting between the appointed arboricultural consultant, the appointed building/groundwork contractors and a representative of the Council (to arrange, please call: 01935 462670) shall then be arranged at a mutually convenient time. The locations and suitability of the tree and hedgerow protection measures shall be inspected by a representative of the Council and confirmed in-writing by the Council to be satisfactory prior to any commencement of the development (including groundworks). The approved tree and hedgerow protection requirements shall remain implemented in their entirety for the duration of the construction of the development and the protective fencing and signage may only be moved 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.

05.       Prior to construction above damp proof course the final access arrangement shall be agreed in writing with the Highway Authority. The agreed access arrangement shall be constructed to the satisfaction of the Highway Authority prior to occupation of any new dwellings.

            Reason: In the interest of highway safety to accord with Policy TA5 of the SSLP.

06.       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 the access and extending to points on the nearside carriageway edge 43 metres either side of the 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 interest of highway safety to accord with Policy TA5 of the SSLP.

07.       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 first occupation and thereafter maintained at all times.

            Reason: In the interests of highway safety to accord with TA5 of the SSLP

08.       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 interest of highway safety to accord with Policy TA5 of the SSLP

09.       The proposed roads, including footpaths and turning spaces where applicable, shall be constructed in such a manner as to ensure that each dwelling before it is occupied shall be served by a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway.

            Reason: In the interest of highway safety to accord with Policy TA5 of the SSLP.

10.       The development hereby permitted shall not be brought into use until that part of the service road that provides access to it has been constructed in accordance with the approved plans.

            Reason: In the interests of highway safety to accord with TA5 of the SSLP.

11.       The gradients of the proposed drives to the dwellings hereby permitted shall not be steeper than 1 in 10 and shall be permanently retained at that gradient thereafter at all times.

            Reason: In the interests of highway safety to accord with Policy TA5 of the SSLP.

12.       Plans showing the car and motorcycle parking layout, details of secure cycle parking and facilities for the charging of electric vehicles shall be submitted to and approved in writing by the Local Planning Authority before construction above damp proof course level. All motor vehicle parking areas shall be properly consolidated before the buildings are occupied and shall not be used other than for the parking of vehicles in connection with the development hereby permitted.

            Reason: In the interest of highway safety to accord with Policy TA5 of the SSLP.

13.       Prior to the construction above damp proof course level of the development, a Travel Plan is to be submitted to and approved in writing by the Local Planning Authority. Such Travel Plan should include soft and hard measures to promote sustainable travel as well as targets and safeguards by which to measure the success of the plan. There should be a timetable for implementation of the measures and for the monitoring of travel habits. The development shall not be occupied unless the agreed measures are being implemented in accordance with the agreed timetable. The measures should continue to be implemented as long as any part of the development is occupied.

            Reason: To promote alternative modes of transport to accord with the NPPF and SSLP.

14.       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 and delivery 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.

·                Measures to ensure all vehicles leaving the site are in such condition as not to emit dust or deposit mud, slurry or other debris on the highway. In particular (but without prejudice to the foregoing), efficient means shall be installed, maintained and employed for cleaning the wheels of all lorries leaving the site, details of which shall have been agreed in advance in writing by the Local Planning Authority and fully implemented prior to the commencement of construction works, and thereafter maintained until construction discontinues.

·                A Condition Survey of the existing public highway will need to be carried out and agreed with the Highway Authority prior to any works commencing on site, and any damage to the highway occurring as a result of this development is to be remedied by the developer to the satisfaction of the Highway Authority once all works have been completed on site.

            Reason: In the interest of highway safety and to protect the amenity of adjoining residents to accord with Policy TA5 and EQ2 of the SSLP.

15.       The dwellings hereby approved shall be constructed in accordance with the proposed materials indicated on drawing 1848_1111_Materials Plan revision E unless otherwise agreed in writing by the Local Planning Authority.

            Reason: To protect the amenity of the area and setting of the Conservation Area to accord with Policy EQ2 of the SSLP.

16.       No dwellings hereby approved shall be constructed above damp proof course level until, foul and surface water drainage details to serve the development, shall be submitted to and approved in writing by the Local Planning Authority and such approved drainage details shall be completed and become fully operational before the development hereby permitted is first brought into use. Following its installation such approved scheme shall be permanently retained and maintained thereafter.

            Reason: To ensure that the development hereby approved is properly drained.

17.       No development shall take place (including ground works and vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity), incorporating the key mitigation hierarchy requirements set out within Section 6. Assessment of impacts and mitigation measures of the Blackdown Heights, Crimchard, Chard Ecological Impact Assessment (MD Ecology, 2019)], has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following:

·                Risk assessment of potentially damaging construction activities.

·                Identification of "biodiversity protection zones".

·                Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).

·                The location and timing of sensitive works to avoid harm to biodiversity features.

·                The times during construction when specialist ecologists need to be present on site to oversee works.

·                Responsible persons and lines of communication.

·                The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.

·                Use of protective fences, exclusion barriers and warning signs.

            The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.

            Reason: To ensure that ecological mitigation measures are delivered and that protected/priority species and habitats are safeguarded in accordance with The Conservation of Habitats and Species Regulations 2017 (as amended), the Wildlife and Countryside Act 1981 as amended, The Hedgerow Regulations 1997, Circular 06/2005, the National Planning Policy Framework (in particular section 11), and Policy EQ4: Biodiversity of the South Somerset Local Plan 2006-2028 and in order for the Council to comply with Part 3 of the Natural Environment and Rural Communities Act 2006.

18.       A Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to the occupation of the development. The content of the LEMP shall include the following:

a)    Description and evaluation of features to be managed.

b)    Ecological trends and constraints on site that might influence management.

c)    Aims and objectives of management. Including all biodiversity enhancements outlined within Section 7. Enhancement measures / biodiversity net gain of the Blackdown Heights, Crimchard, Chard Ecological Impact Assessment (MD Ecology, 2019)

d)    Appropriate management options for achieving aims and objectives.

e)    Prescriptions for management actions.

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

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

h)    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. 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.     The residential development hereby permitted shall achieve an improvement over building regulations (current at the date of this permission) of 19% reduction in carbon emissions across the entire residential development. The dwellings shall not be occupied unless all measures have been fully carried out.

          Reason: To ensure the development addresses climate change by utilising sustainable construction methods to minimise carbon dioxide emissions in accordance with Policy EQ1 of the South Somerset Local Plan (2006-2028) and the aims and objectives of the National Planning Policy Framework.

Informatives:

01.     The Highway Authority have advised that 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.

02.     The County Rights of Way Officer has advised the following: Development, insofar as it affects a right of way should not be started, and the right of way should be kept open for public use until the necessary (diversion/stopping up) Order has come into effect. Failure to comply with this request may result in the developer being prosecuted if the path is built on or otherwise interfered with.

          In addition:

          2. General Comments

          Any proposed works must not encroach onto the width of the PROW. 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-andplanning/ rights-of-way/apply-for-a-temporary-closure-of-a-right-of-way/

(Voting: 7 in favour, 3 against, 2 abstentions)