Agenda item

The Planning Officer presented the application as detailed in the agenda with the aid of a power point presentation showed drawings and levels of the height of the proposed bund compared to the roadway.

The office advised that there was a slight amendment to proposed condition 02 which should now read: The development hereby permitted shall be carried out in accordance with the

following approved plans numbered 2088-1B Revision B received 08/01/2015, DLA.1621.L001.01 Rev D received 23/02/2015 and Sections Plan received 27/02/2015.

In response to a query the Area Lead East replied that if there was concern regarding the material used to form the bund a condition could be added that all additional materials imported to be agreed in writing with the Local Planning Authority.  This application was one to vary the configuration of the acoustic barrier and conditions should not be more onerous than the original application.

During discussion varying views were expressed including:

·         Only earth should be used to form the bund;

·         The (Environment Agency) EA should be notified if tarmac had been used to infill the bund;

·         Could not understand the need to raise the height of the bund;

·         The right of way would be unaffected by this application;

·         The footprint was not altered;

·         This bund would be preferable to concrete pillars;

·         If approved, trees should be planted to mask the bund.

The planning officer explained that the bund was to protect the property from noise from the nearby A303, the EA was satisfied with the revised scheme.

It was proposed and seconded to approve the application as per the officer’s recommendation plus the amendments to conditions 02 and 07 and an additional condition 13 that all additional materials imported to be agreed in writing with the Local Planning Authority.

Development Control was requested to take up the issue with the EA regarding the tipping of unauthorised materials.

On being put to the vote, the motion was held by 3 votes in favour and 3 against.  The Chairman used his casting vote, with reservations, in favour of the application, therefore the motion was carried.

RESOLVED: That Planning Application 15/00070/FUL be approved as per the officers recommendation for the following reason:

The acoustic barrier, by reason of its form, scale and accompanying landscaping scheme, is considered to respect the characteristic pattern and features of the surrounding landscape, to cause no demonstrable harm to residential amenity or the rural amenities of the area or to adversely affect highway safety or the structural stability of the adjacent A303. The associated planting, which will provide enhanced habitat to the benefit of local ecology. The proposal therefore accords with the aims and objectives of saved policies ST3, ST5, ST6, EC1, EC3, EC7, EC8, EP1, EP3 and EP9 of the South Somerset Local Plan 2006, the policies of the emerging South Somerset Local Plan 2006-2028 as well as the National Planning Policy Framework.

Subject to the following:

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 numbered 2088-1B Revision B received 08/01/2015, DLA.1621.L001.01 Rev D received 23/02/2015 and Sections Plan received 27/02/2015.

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

03.       No works pursuant to the construction of the development hereby permitted shall take place outside the hours of 07.00 to 17.00 Mondays to Fridays and 07.00 to 13.00 Saturdays nor at anytime on bank or public holidays unless otherwise agreed in writing by the Local Planning Authority.

            Reason: In the interest of residential amenity and the amenities of the area to accord with saved policy ST6 of the South Somerset Local Plan 2006.

04.       The development hereby permitted shall not be commenced unless an aftercare scheme has been submitted to and agreed in writing by the Local Planning Authority setting out details to restore the land to the required standard for the use of agriculture.

            Reason:  In the interests of the rural character of the area and to ensure the continued agricultural use of the land to accord with saved policies ST5, ST6, EC1 and EC3 of the South Somerset Local Plan 2006.

05.       The scheme, to ensure that all vehicles leaving the site are in such condition so as not to emit dust or deposit mud, slurry or other debris on the highway, agreed under planning application 10/02210/FUL shall continue to be implemented in full for the duration of the development hereby permitted, unless otherwise agreed in writing by the local planning authority.

            Reason: In the interest of highway safety to accord with saved policies ST5 and ST6 of the South Somerset Local Plan 2006.

06.                   The finished levels of the development hereby permitted shall match those detailed on drawing numbered DLA.1621.L001.01 Rev D received 23/02/2015.

            Reason: For the avoidance of doubt and to safeguard the character and appearance of the area to accord with saved policies ST5, ST6 and EC3 of the South Somerset Local Plan 2006.

07.       The planting scheme as detailed on the Landscape plan (drawing number DLA.1621.L001.01 Rev D received 23/02/2015) and the accompanying written specification (titled 'Detailed Planting Scheme Revision B' received 23/02/2015) shall be carried out in full in the first planting season following the completion of the development hereby permitted and in accordance with a phasing plan, which shall be submitted to and agreed in writing by the Local Planning Authority within three months of the date of this permission. 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.

Reason: To safeguard the rural character of the area to accord with saved

policies ST6 and EC3 of the South Somerset Local Plan 2006

08.       The amendments to the construction of the acoustic barrier hereby permitted shall not be commenced unless an updated method statement for its construction has been submitted to and approved in writing by the local planning authority. The development shall be carried out in strict accordance with these approved details.

            Reason: To safeguard the integrity of the proposed works and to avoid any adverse impacts upon the adjacent SRN to accord with saved policy ST5 of the South Somerset Local Plan 2006.

09.       The amendments to the construction of the acoustic barrier hereby permitted shall not be commenced until an updated Geotechnical Report and Certificate (compliant with HD 22/08) have been submitted to and approved in writing by the Local Planning Authority (who shall consult with the Highways Agency acting on behalf of the Secretary of State for Transport).

                        Reason: To safeguard the integrity of the proposed works and to avoid any adverse impacts upon the adjacent SRN to accord with saved policy ST5 of the South Somerset Local Plan 2006.

10.       The development hereby permitted shall be carried out in accordance with the Construction Environmental Management Plan agreed under planning consent 10/02210/FUL, unless otherwise agreed in writing by the Local Planning Authority.

            Reason: To prevent pollution of the water environment to accord with saved policy EP9 of the South Somerset Local Plan 2006.

11.       The Tree Protection Plan and Arboricultural Method Statement agreed under planning consent 10/02210/FUL shall continue to be implemented in their entirety for the duration of the development hereby permitted, unless otherwise agreed in writing by the local planning authority.

            Reason: To safeguard the rural character of the area and to preserve and retain existing trees in accordance with the statutory duties defined within the Town & Country Planning Act, 1990 (as amended).

12.       No means of external illumination/lighting shall be installed without the prior written approval of the local planning authority.

            Reason: In the interest of visual amenity and to safeguard the rural character of the area to accord with saved policies ST3, EC3 and ST6 of the South Somerset Local Plan 2006.

13.       The amendments to the construction of the acoustic barrier hereby permitted shall not be commenced unless details of the materials (which shall be inert materials only) to be used in the construction of the acoustic barrier have been submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the agreed details.

Reason: In the interests of the environment and to ensure reasonable conditions

for the planting scheme and the use of the land for agricultural purposes to accord with saved policies ST5, ST6 and EC3 of the South Somerset Local Plan 2006.

Informatives:

01.       The proposed access route and some of the proposed planting and new ditches could affect public footpaths (NW 28/9 and NW28/10) that cross / pass near the application site. Should the proposal obstruct these rights of way, affect the health and safety of walkers or make their use less convenient for members of the public a temporary closure order may be necessary and a suitable alternative route provided. In such circumstances the applicant is advised to contact Sarah Hooper of Somerset County Council on 01823 483086. Please note that authorisation is also needed from SCC should new furniture or any changes to the surface of the footpaths be required.

(Voting: 4 in favour; 3 against)