Agenda item

The Planning Officer presented this application and Planning Application 14/00926/LBC in conjunction; she explained that a previous application had been approved with a S106 obligation but since this approval, the Government had decided to remove S106 obligations for small developments of 10 homes or less.  The principal of this agreement had been agreed but this application was now minus a S106 obligation.

Mr P Horsington from Limington PC confirmed that the Parish Council supported the application but regretted the change of rules.

In response to a query the Area Lead East explained that the legal agreement had never been signed, but even if it had been signed an application could have been submitted to lift the obligation given the change regarding planning obligations.

After a short discussion, a proposal was made and seconded to approve application 14/00925/FUL as per the officer’s recommendation.  On being put to the vote, the motion was carried by 8 votes in favour and 2 abstentions.

RESOLVED: That Planning Application 14/00925/FUL be approved as per the officers recommendation for the following reason:

 01.      It is considered that the proposed development is acceptable in principle and in relation to: the character and setting of the listed buildings; the landscape character; bats and birds; highway safety and parking; residential amenity; flood risk and noise pollution.  As such, it is in accordance with saved policies ST3, ST5, ST6, EC3, EC8, EH3, EH5, EH7, ME7, CR3 of the South Somerset Local Plan (adopted 2006) and the National Planning Policy Framework 2012.

SUBJECT TO THE FOLLOWING:

01.       The development hereby permitted shall be carried out in accordance with the following approved plans (except where directed otherwise by the conditions below):

            3312/SP06, date-stamped 03/03/2014;

            3312/ABE01, date-stamped 03/03/2014;

            3312/BAE01, date-stamped 03/03/2014;

            3312/BBE01, date-stamped 03/03/2014;

            3312/BCE01, date-stamped 03/03/2014;

            3312/BDE01, date-stamped 03/03/2014;

            3312/BEE01 A, date-stamped 13/05/2014;

            3312/BFE01, date-stamped 03/03/2014;

            3312/PO1 A, date-stamped 13/05/2014;

            3312/PO2 A, date-stamped 13/05/2014;

            3312/PO3, date-stamped 03/03/2014;

            3312/PO4 A, date-stamped 13/05/2014;

            3312/PO5 A, date-stamped 13/05/2014;

            3312/PO6, date-stamped 03/03/2014.

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

            02.       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.

            03.       The development hereby permitted shall not be commenced until there has been submitted to and approved in writing by the Local Planning Authority a scheme of hard and soft landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of the development, as well as details of any changes proposed in existing ground levels; all planting, seeding, turfing or earth moulding comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the occupation of the building or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.  It shall also include details of surfacing and boundary treatments.

            Reason: In the interests of the setting of the listed buildings, in accordance with saved policy EH5 of the South Somerset Local Plan (adopted 2006).

            04.       Before first occupation of any of the dwellings hereby approved, the proposed development shall be served by a new access constructed in accordance with the submitted plans.

            Reason: In the interests of highway safety, in accordance with saved policy ST5 of the South Somerset Local Plan (adopted 2006).

            05.       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 made before commencement and maintained thereafter at all times.

            Reason: In the interests of highway safety, in accordance with saved policy ST5 of the South Somerset Local Plan (adopted 2006).

            06.       The areas allocated for parking and turning on the submitted plans shall be kept clear of obstruction at all times and shall not be used other than for parking and turning of vehicles in connection with the development hereby permitted.

            Reason: In the interests of highway safety, in accordance with saved policy ST5 of the South Somerset Local Plan (adopted 2006).

            07.       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 interests of highway safety, in accordance with saved policy ST5 of the South Somerset Local Plan (adopted 2006).

            08.       No development shall take place until detailed plans have been submitted to and approved in writing by the Local Planning Authority (in conjunction with the local highway authority) relating to line, level and layout of the improved access road junction onto Old Fosse Way and its means of construction and surface water drainage. The approved access road junction shall be laid out constructed in accordance with the requirements of a Section 278 Agreement under the provisions of the Highway Act 1980 and no part of the site be occupied until the works have been fully completed to the satisfaction of the LPA.

            Reason: In the interests of highway safety, in accordance with saved policy ST5 of the South Somerset Local Plan (adopted 2006).

            09.       The development hereby permitted shall not commence until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority (in consultation with Somerset County Council). The plan shall include construction vehicle movements, construction operation hours, construction vehicular routes to and from site, construction delivery hours, expected number of construction vehicles per day, measures to 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, car parking for contractors, specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice and a scheme to encourage the use of public transport amongst contractors. The development shall be carried out strictly in accordance with the approved Construction Management Plan.

            Reason: In the interests of highway safety, in accordance with saved policy ST5 of the South Somerset Local Plan (adopted 2006).

            10.       No works shall commence on site unless a scheme of works for acoustic insulation is submitted to and approved in writing by the Local Planning Authority.  Such a scheme shall refer to the measures recommended within the submitted O'Neill report.  The scheme shall be implemented in strict accordance with the approved details, prior to the occupation of the dwellings hereby approved, and shall remain as such in perpetuity.

            Reason: In the interests of residential amenity, in accordance with saved policies EP1 and ST5 of the South Somerset Local Plan (adopted 2006).

            11.       The development permitted by this planning permission shall only be carried out in accordance with the submitted Flood Risk Assessment (FRA) dated 30 October 2013 by Awcock Ward Partnership and the following mitigation measures detailed within the FRA:

             Finished floor levels should be set above the 1 in 100 year flood level or 300 mm above surrounding ground levels as indicated within the FRA.

                        Flood resilient measures should be incorporated as detailed within the FRA.

            The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the LPA.

                        Reason: To prevent the increased risk of flooding, in accordance with saved policy ST5 of the South Somerset Local Plan (adopted 2006).

            12.       No works shall commence on site unless there has been submitted to and approved in writing by the Local Planning Authority, full details of a bat mitigation plan and method statement, prepared by a suitably qualified and Natural England licenced bat consultant, and full details of mitigation and compensation roosting/nesting provision for barn owls and swallows.  The works shall be implemented in accordance with the approved details, as modified to meet the requirements of any 'European Protected Species Mitigation Licence' issued by Natural England, unless otherwise approved in writing by the local planning authority.

            Reason: For the conservation and protection of legally protected species of recognised nature conservation importance in accordance with Policy EC8 of the South Somerset Local Plan, and to ensure compliance with the Wildlife and Countryside Act 1981 and The Habitats Regulations 2010.

            Informatives:

01.       The applicant is advised of the following recommendations/informatives of the Environment Agency:

Surface water run-off should be controlled as near to its source as possible through a sustainable drainage approach to surface water management (SUDS). SUDS are an approach to managing surface water run-off which seeks to mimic natural drainage systems and retain water on or near the site as opposed to traditional drainage approaches which involve piping water off site as quickly as possible. SUDS involve a range of techniques including soakaways, infiltration trenches, permeable pavements, grassed swales, green roofs, ponds and wetlands. SUDS offer significant advantages over conventional piped drainage systems in reducing flood risk by attenuating the rate and quantity of surface water run-off from a site, promoting groundwater recharge absorbing diffuse pollutants and improving water quality. Ponds, reedbeds and seasonally flooded grasslands can be particularly attractive features within public open spaces.

The variety of SUDS techniques available means that virtually any development should be able to include a scheme based around these principles and provides multiple benefits, reducing costs and maintenance needs.

The Council's Emergency Planners should be consulted in relation to flood emergency response and evacuation arrangements for the site. We recommend the applicant contacts the Environment Agency on 0845 988 1188 to sign up for our free Floodline Warnings Direct service.

 We do not normally comment on or approve the adequacy of flood emergency response and evacuation procedures accompanying development proposals, as we do not carry out these roles during a flood. Our involvement with this development during an emergency will be limited to delivering flood warnings to occupants/users.

There must be no interruption to the surface water drainage system of the surrounding land as a result of the operations on the site. Provisions must be made to ensure that all existing drainage systems continue to operate effectively and that riparian owners upstream and downstream of the site are not adversely affected.

02.       Before this development can commence, a European Protected Species Mitigation Licence (under The Conservation (Natural Habitats, &c.) Regulations 2010) will be required from Natural England.  You will need to liase with your ecological consultant for advice and assistance on the application for this licence.  Natural England will normally only accept applications for such a licence after full planning permission has been granted and all relevant (protected species) conditions have been discharged.  However, the information required for the Natural England licence application may also be suitable for submission to the Council when applying for discharge of the relevant condition.

(Voting: 8 in favour; 2 abstentions)