Agenda item

RESOLVED:

That planning application 19/00544/OUT be APP|ROVED, as per the officer recommendation, and subject to the following:

Justification:

01.       The proposal would provide housing in a sustainable location without causing demonstrable harm to the visual amenity, residential amenity, highway safety or ecology. As such, the proposal is in accordance with policies SD1, SS1, SS4, SS5, TA5, TA6, and EQ2 of the South Somerset Local Plan 2006-2028 and the aims and objectives of the NPPF.

Subject to the following conditions:

01.       The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

            Reason:  As required by Section 92(2) of the Town and Country Planning Act 1990.

02.       Application for approval of the scale, layout, appearance, and landscaping of the development, referred to in this permission as the reserved matters, shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

            Reason:  As required by Section 92(2) of the Town and Country Planning Act 1990.

03.       The development hereby permitted shall be carried out in accordance with the following approved plans:

            Drawing no. 1387-01A

            Drawing no. 1387-20B

            Reason: For the avoidance of doubt as to the development authorised and in the interests of proper planning.

04.       No dwelling hereby approved shall be occupied until the proposed access has been fully constructed with a consolidated surface (not loose stone or gravel) and in accordance with the details shown on the approved plan.

            Reason: In the interests of highways safety and in accordance with policy TA5 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.

05.       Prior to commencement, details of an appropriate surface water drainage scheme shall be submitted to and agreed in writing by the Local Planning Authority. Prior to first occupation, the drainage scheme shall be fully provided in accordance with the details agreed and shall be retained and maintained thereafter.

            Reason: In the interests of proper surface water drainage, in accordance with policy EQ1 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.

06.       There shall be no external lighting installed at the site without the prior written consent of the Local Planning Authority. Prior to the erection, installation, fixing, placement and/or operation of any external lighting on the site (including on any of the buildings themselves), details of such external lighting shall be submitted to and approved in writing by the Local Planning Authority. Such details shall include the equipment and supporting structures, positions, sizes, heights, type, luminance/light intensity, direction and cowling of all external lights to the buildings and any other parts of the application site edged red (as indicated on the approved Site Location Plan) and the hours at which such lighting is to be operated.

            The external lighting shall thereafter be carried out in accordance with the approved details (unless the Local Planning Authority gives prior written approval to any subsequent variations), and shall thereafter be retained in that form.

            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.

07.       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 Local Plan and the provisions of the NPPF.

08.       The area of scrub shall only be removed under the supervision of an experienced ecologist to ensure no badger setts have been excavated or are at risk of disturbance from site operations. Written confirmation will be provided to confirm that no badgers will be harmed and/or that there are appropriate measures in place to protect any possible badger interest on site. Should a badger sett be found and at risk of disturbance, suitable mitigation may include the creation of artificial setts elsewhere prior exclusion of badgers (under licence from Natural England) before sett destruction.

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

09.       During construction of the development hereby permitted:

·         open pipework greater than 150 mm outside diameter shall be blanked off at the end of each working day; and

·         for any trenches uncovered overnight, the 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.

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

10.       Grassland on site shall be maintained at a short sward until works on site are completed. This will keep the suitability of habitat for reptiles low and reduce risk of reptiles moving onto the site. Evidence of this in the form of photos will be sent to the local planning authority.

            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.

11.       The area of scrub will be removed under the supervision of an experienced ecologist to assure no activities harming reptiles are undertaken. Written confirmation will be provided to confirm that no reptiles will be harmed and/or that there are appropriate measures in place to protect any possible reptile interest on site.

            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.

12.       A fingertip search by a licenced ecologist be undertaken of the area of scrub being removed. Should any evidence of nesting dormice be found, works would have to stop and a European protected species licence applied for. Removal of the scrub shall only commence following the grant of the licence and with the agreement of a licenced ecologist.

            Reason: Dormice are afforded protection under the Conservation of Habitats and Species Regulations 2017 which includes making it illegal to cause kill or injure dormice and destroy, damage or disturb resting places and from intentional or reckless disturbance to individual dormice under the Wildlife and Countryside Act 1981 (as amended). To ensure the development contributes to the Government's target of no net biodiversity loss and to provide gain where possible as set out in the National Planning Policy Framework; Local Policy; and the council's obligations for biodiversity under the Natural Environment and Rural Communities Act 2006.

13.       Prior to occupation of the housing hereby permitted -

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

·         Two integrated bee bricks (https://www.nhbs.com/bee-brick or similar) shall be built into the external wall space of the new housing. The bricks will be placed one meter above ground level on a south facing aspect, vegetation must not block the entrance holes; and

·         A bird box, such as a Schwegler brick nest box, shall be installed on one of the proposed 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".

Informatives:

01.      There will be an expectation that the reserved matters scheme include the following:

·           The hedgerow on site should be reinforced with a variety of native species, evidence of how this will be achieved should be submitted in writing to the local planning authority.

·           All new shrubs should 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 be from local native stock, such as field maple, ash, hornbeam, dogwood, spindle and beech.