Agenda item

Planning Application: 19/03510/FUL - Land East Of 23 Highfields, Main Street, Barrington.

Meeting of Area North Committee, Wednesday 27th May 2020 2.00 pm (Item 120.)

Minutes:

Proposal: Change of use of land, the formation of a new vehicular access and the erection of one detached dwellinghouse with an attached garage and the erection of one pair of semi-detached dwellinghouses and associated parking.

The Specialist (Development Management) presented the application, as detailed in the agenda, and highlighted the key considerations. He noted that some issues were the same as for the previous application discussed on the agenda (20/00287/OUT).

A spokesperson for Barrington Parish Council spoke regarding concerns about surface water drainage and flooding. Some of her comments included:

· Water flows down Shelway and floods on the other side of the road, sometimes nearly affecting properties.

· Water constantly flowed off the fields and along the road. Recently drainage works had been undertaken which now diverted some water underground, however some water continued to run down the road passing two drains before reaching a new drain, but water was still emerging onto the highway further along the road.

· There is much surface water along the road every time it rains.

· As a village not against new development but not on this hillside.

The agent then addressed members and some of his comments included:

· The applicants had owned the site for almost 15 years and had never experienced the field flooding.

· Believe photos shown by previous speaker had been taken prior to recent works undertaken by Wessex Water.

· Don’t believe proposal will increase surface water run-off.

· The applicants were looking to replant hedges along the frontage of the site.

At the request of the Chairman, the spokesperson for the parish council confirmed that her submitted photos had been taken before the recent drainage works by Wessex Water which had been undertaken on one side of the road, however water continued to run down the other side of the road.

Ward member, Councillor Mike Stanton, commented he didn’t have much more to add to what had already been said. He noted that in the winter there was always a sheet of water across the road which could freeze. He was concerned that this development, even with good drainage, would exacerbate the issue.

During discussion several comments were raised including:

· Concern there will be more run-off onto the highway.

· Should be conditioned to require the drainage to be done first.

· Unlikely to be able to stop water flowing down Shelway Lane.

· Concern about visibility and highway safety as traffic could be approaching the development on the wrong side of the road due to parked cars.

· On street parking is a County Council issue and possibly yellow lines are needed.

· Feel there has been a lack of inventiveness to try and resolve some wider issues.

In response to some of the comments made during discussion, the Specialist (Development Management) clarified that:

· Highways had considered the safety element and parked cars.

· It was not possible to condition another authority to provide yellow lines.

· Unreasonable to penalise this development due to parking of vehicles by third parties on the highway.

· It was possible, and sensible, to amend condition 10 (drainage) to require its provision prior to commencement rather than occupation.

It was initially proposed to refuse the application on highway grounds, and then upon further discussion, it was suggested instead to refuse regarding Policy SS2 as the proposal was not meeting the requirements of the community.

In response to the proposal made, the Specialist (Development Management) advised that members would need to be clear on what highway grounds they were recommending refusal, as parking by a third party was beyond the control of the applicant. He also advised that it would be difficult to argue a reason on sustainability as members had just approved the principle of six houses nearby and there were more than two facilities in the village.

The Senior Planning Lawyer also advised members that the reasons for refusal put forward might not be defensible at appeal as no statutory consultees had objected and parking was not in the control of the applicant. She confirmed that the decision was a committee one to make but she had a role to advise where there may be risks in the decision being made. The Director (Service Delivery) confirmed that she supported the comments made by the Specialist (Development Management) and that she had heard no strong reasons in planning terms to refuse the application.

The proposal to refuse the application on the grounds of policy SS2 and it being an unsustainable location, was put to the vote but was not carried – 3 votes in favour of refusing the application, and 7 against with no abstentions.

A subsequent proposal was made to approve the application, as per the officer recommendation, subject to an amendment to condition 10 (drainage) to require its provision prior to commencement rather than occupation. On being to the vote the proposal was carried 7 votes in favour and 3 against with no abstentions.

RESOLVED:

That planning application 19/03510/FUL be APPROVED, as per the officer recommendation, subject to an amendment to condition 10 (drainage) to require provision prior to commencement (for clarity the amended condition is detailed below), and subject to the following:

Justification:

The proposed development is considered to be acceptable in principle, contributing towards identified local and district-wide housing need, without significantly and demonstrably harming the character of the surrounding area, residential amenity or highway safety. The proposal is considered to accord with policies SD1, SS1, SS4, TA5, TA6 AND EQ2 of the South Somerset Local Plan (2006-2028) and the provisions 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:

MBS3DHSP14(001)

MBS3DHSP14(002)

MBS3DHSP14(003)

MBS3DHSP14(004)

MBS3DHSP14(005)

MBS3DHSP14(006)

MBSRSP1

MBSRSP2

MBSRSP3

MBSRSP4

MBSRSP5

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

03. There shall be no obstruction to visibility greater than 600 millimetres. 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 to accord with policy TA5 of the South Somerset Local Plan(2006-2028).

04. The areas allocated for parking and turning on the approved plans shall be fully provided prior to the dwelling hereby permitted being first occupied. Thereafter these areas shall kept clear of obstruction and not be used other than for the parking and turning of vehicles in connection with the development hereby permitted.

Reason: In the interests of highway safety, in accordance with policies TA5 and TA6 of the South Somerset Local Plan and the aims and objectives of the National Planning Policy Framework.

05. Prior to first occupation of the development hereby permitted the proposed access over at least the first 5 metres of its length, as measured from the edge of the highway, shall be properly consolidated and surfaced (not loose stone or gravel) in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority. Once constructed the access shall thereafter be maintained in that condition at all times.

Reason: In the interests of highway safety to accord with policy TA5 of the South Somerset Local Plan (2006-2028).

06. The use hereby permitted shall not commence until the existing access (field entrance gate) has been permanently closed in accordance with the approved plans.

Reason: In the interests of highway safety to accord with policy TA5 of the South Somerset Local Plan (2006-2028).

07. Prior to the commencement of any works hereby approved, the proposed widening of the carriageway and width and geometric layout of the proposed access shall be constructed in accordance with the details shown on drawing MBS3DHSP14(006)

Reason: In the interests of highway safety to accord with policy TA5 of the South Somerset Local Plan (2006-2028).

08. Prior to first occupation of the dwellings hereby permitted, a 16amp electric charging point, for electric vehicles, shall be provided adjacent to the area allocated for parking on the approved plans. Once installed such electric 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.

09. The dwellings shall not be occupied until the proposed cycle parking provision has been constructed in accordance with approved plan MBS3DHSP14(006).

Reason: In the interests of highway safety, in accordance with policies TA5 and TA6 of the South Somerset Local Plan and the aims and objectives of the National Planning Policy Framework.

10. 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 commencement and thereafter maintained at all times.

Reason: In the interests of highway safety to accord with policy TA5 of the South Somerset Local Plan (2006-2028).

11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order) (with or without modification) there shall be no external alterations or extensions undertaken to the dwelling hereby permitted without the prior express consent of the local planning authority.

Reason: To safeguard local character and residential amenity, in accordance with policy EQ2 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.

12. The development hereby permitted shall not be first occupied 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, surfacing, and hard landscaping. 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; all other elements of the landscaping shall be fully implemented in accordance with the agreed details prior to first use or in accordance with a phasing plan submitted as part of the landscaping details. 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.

13. No work shall be carried out above damp-proof course level or, for boundary treatments or hardstandings, no works to erect boundary walls or fencing or lay hardstandings, on site until particulars of the following have been submitted to and approved in writing by the Local Planning Authority:

a) details of materials (including the provision of samples where appropriate) to be used for the external walls and roofs;

b) details of the recessing, materials and finish (including the provision of samples where appropriate) to be used for all new windows (including any rooflights) and doors;

c) details of all hardstanding and boundaries

d) details of the rainwater goods and eaves and fascia details and treatment.

Subject to particulars being agreed for each part (a-d) that aspect of the development may be laid, erected, or installed (as relevant).

Once approved such details shall be fully implemented unless agreed otherwise in writing by the Local Planning Authority.

Reason: In the interests of visual amenity and to comply with Policies EQ2 of the South Somerset Local Plan.

14. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 2, which is subject to the approval in writing of the Local Planning Authority.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

15. All ecological measures and/or works shall be carried out in accordance with the details contained in the Ecology Report as already submitted with the planning application 08/01/2020 (survey completed 23/10/2019) and agreed in principle with the Local Planning Authority prior to determination.

Reason: In the interests of [European and UK protected species. UK priority species and habitats listed on s41 of the Natural Environment and Rural Communities Act 2006 and in accordance with policy EQ4 of the South Somerset Local Plan Core Strategy

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 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.

03. The developers are reminded of the legal protection afforded to reptiles under the Wildlife and Countryside Act 1981 (as amended). In the unlikely event that reptiles are encountered during implementation of this permission it is recommended that works and advice is sought from a suitably qualified and experienced ecologist at the earliest possible opportunity.

(Voting: 7 in favour, 3 against, 0 abstentions)

Supporting documents: