Agenda item

RESOLVED:

That planning application 20/00287OUT be APPROVED, as per the officer recommendation, subject to the following:

Justification:

The development proposes the construction of 6 open market properties. The site is considered to be in sufficiently close proximity to Barrington as to qualify as being 'in' a Rural Settlement.  It is accepted that the scheme accords with the requirements of Policy SS2 of the Development Plan, but as the site is unallocated so is technically a departure from the Development Plan it falls to consideration of the scheme on 'planning balance'.  From consultee responses received it is evident that the scheme can be delivered, subject to adherence to planning conditions. Knowing this, the weighting of delivery of six dwellings where there is no 5YHLS is considerable in this case.  In summary, as the proposal is compliant with adopted settlement policies of the Development Plan, the delivery of six dwellings in a sustainable location, that could contribute towards the under supply of the 5YHLS is considered sufficient to justify supporting the scheme. This outline planning application therefore accords with policies SD1, SS1, SS2, SS4, SS5, TA1, TA5, EQ1, and EQ2 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.

Subject to the following conditions

01.    An application for approval of the reserved matters for the six dwellings approved shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development shall begin no later than 3 years from the date of this permission or not later than 2 years from the approval of the last "reserved matters" to be approved.

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

02.    Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development shall begin no later than 3 years from the date of this permission or not later than 2 years from the approval of the last "reserved matters" to be approved.

         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:

         Site Location 1:1250 drawing 6.3

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

04.    No proposed access works and associated development shall take place (including ground works and vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the Local Planning Authority. The CEMP (Biodiversity) shall include the following:

a.      Risk assessment of potentially damaging construction activities.

b.      Identification of "biodiversity protection zones".

c.      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) to biodiversity on site, including habitats (trees, hedgerows and field edges) and protected species (birds, badgers, reptiles and amphibians), followed by appropriate mitigation, as required.

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

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

f.       Responsible persons, lines of communication and written notifications of operations to the Local Planning Authority

g.      The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person [including regular compliance site meetings with the Council Biodiversity Officer and Landscape Officer (frequency to be agreed, for example, every 3 months during construction phases)];

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

i.       [Ongoing monitoring, including compliance checks by a competent person(s) during construction and immediately post-completion of construction works]

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

05.    Prior to occupation, a "lighting design for bats and biodiversity]" for the development shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall:

a.      identify those areas/features on site that are particularly sensitive for bats (hedgerows, trees, bat boxes and any created grassland) and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and

b.      show how and where external lighting will be installed (through the provision of a 'lighting contour plans and' if appropriate technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.

         All external lighting shall be installed in accordance with the specifications and locations set out in the design, and these shall be maintained thereafter in accordance with the design. Under no circumstances should any other external lighting be installed without prior consent from the Local Planning Authority.

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

06.    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:

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.

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

07.    A Biodiversity Mitigation and Enhancement Plan (BMEP) shall be submitted to, and be approved in writing by, the Local Planning Authority prior commencement or prior to commencement of construction works. Photographs of the installed features will also be submitted to the Local Planning Authority prior to occupation: The content of the BMEP shall include the following:

a)     A [Habibat 001] bat box or similar will be built into the structure of 3 houses, positioned at least four metres above ground level and away from windows of the west or south facing elevation

b)     A cluster of five Schwegler 1a swift bricks or similar will be built into the structure of 1 house, built into the wall at least 60cm apart, at least 5m above ground level on the north facing elevation [of Plots xx]

c)      A cluster of three Vivra Pro Woodstone House Martin nests or similar will be mounted directly under the eaves of the north elevation of 2 houses.

d)     Two Schwegler 1SP Sparrow terraces or similar at least one metre apart mounted on 1 house or garages, away from windows on the north elevations .

e)     A bee brick built into the structure of 3 houses or garages, located 1 metre above ground level on the south or southeast elevation.

f)       Any new fencing must have accessible hedgehog holes, measuring 13cm x 13cm to allow the movement of hedgehogs into and out of the site

g)     New shrubs to include plants that are 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.

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

08.    No work shall commence on the development site until the developer has submitted and had approved by the Local Planning Authority full details of the access to be provided onto and along the public highway (Main Street). No part of the development hereby permitted shall be occupied until the approved detail has been fully constructed.

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

09.    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 and in accordance with Policy TA5 of the South Somerset District Local Plan.

10.    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 commenced brought into use and shall thereafter be maintained at all times.

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

11.    The development hereby permitted shall not be first occupied until an agreed number of vehicle parking spaces and layout for the development have been provided and approved in conjunction with 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.

         Reason: In the interests of highway safety and to ensure that there is adequate off street parking available for the development proposed in accordance with Policies TA5 and TA6 of the South Somerset District Local Plan.

12.    Prior to first occupation of the development hereby permitted, access to covered cycle and, numbers and spaces to be fully in accordance with a detailed scheme to be submitted to and approved in writing by the Local Planning Authority.

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

13.    During the construction phase, the applicant shall ensure that 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 commencement and thereafter maintained until the construction of the site discontinues.

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

14.    Prior to first occupation of the dwellings hereby permitted, electric charging points (of a minimum 16amps) for electric vehicles shall be provided adjacent to the parking spaces or within the 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.

Informatives:

01.    The County Highways Authority advises:

        The applicant will be required to enter into a suitable legal agreement with the Highway Authority to secure the construction of the highway works necessary as part of this development. Please ensure that an advisory note is attached requesting that the developer contact the Highway Authority to progress this agreement well in advance of commencement of development

02.    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.

03.    The SCC Ecologist advises:

The developers are reminded of the legal protection afforded to badgers and their resting places under the Protection of Badgers Act 1992 (as amended). It is advised that during construction, excavations or large pipes (>200mm diameter) must be covered at night. Any open excavations will need a means of escape, for example a plank or sloped end, to allow any animals to escape. In the event that badgers or signs of badgers are unexpectantly encountered during implementation of this permission it is recommended that works stop until advice is sought from a suitably qualified and experienced ecologist at the earliest possible opportunity.