Agenda item

The Planning Officer presented the application as detailed in the agenda.  He provided members with several updates including the following revised planning obligations which differed to those that were printed in the agenda report:

Sports Arts and Leisure – Local Facilities

·         Contribution towards enhancing existing Town Hall in Ilchester - £78,328

·         The provision of play equipment in a centrally located LEAP of 681m2 with 30m buffer zones, provision of 170m2 youth facility space located adjacent LEAP with 30m buffer and their on-going maintenance through a management company to the satisfaction of the Assistant Director (Wellbeing).

Sports Arts and Leisure – Strategic

·         Contribution towards provision of new 3G pitch in Wincanton - £12,114

·         Contribution towards learner pool at Wincanton Sports Centre - £27,583

·         Contribution towards the enhancement of existing sports halls in Yeovil - £57,408

·         Total including admin fee of £1,754 is £177,188 or £1,181 per dwelling

·         Affordable Housing – 35% with tenure mix of 67:33 in favour of rented accommodation over other immediate types

·         Travel Planning measures

·         School – Contribution of £232,883 towards primary school places in Ilchester.

With the aid of a power point presentation the officer indicated the proposed site including the current fields, indicative plans, play facilities and access details plus relevant photos. He confirmed that his recommendation was to approve the application.

Brigadier N Knudson the chairman of Ilchester PC addressed the committee on behalf of several local residents who had reservations about the proposal and some concerns that included apprehension about the capacity of the existing Ilchester Surgery and the possibility of re-locating it; lack of employment opportunity; limited capacity at the local schools; a lack of facilities in the area; limited parking in the village centre and concern about the extra traffic that could potentially use the current no through road.

E Fowler the agent explained that housing need had been identified and this application was of an appropriate scale due to be phased and completed by 2020. The location was the best for development in the area. She understood the concerns regarding highways but the Highway officer had confirmed the proposed access was safe. Further trenching should begin soon but no archaeological issues were anticipated.

Ward Member Cllr Tony Capozzoli was concerned about the traffic issues although he welcomed further development, he would have liked to see the old Fosseway used by site vehicles and did not understand why a planning obligation contribution was to go towards Wincanton Sports Centre when Ilchester needed additional facilities.

In response to a query the Planning Officer confirmed that a detailed drainage solution had been included and was shown on the indicative layout.

During discussion, varying views were expressed including concern about the disparity between education provision in this application and a similar application for Castle Cary. Concern was raised about the proposed access to the new development through an existing housing estate and about surface water run-off.

The Development Manager explained that Development Control relied on SCC for information regarding education need. 

With reference to the Castle Cary planning application the Chairman explained that public opinion was that a new school was not required on that proposed development site.

The Development Manager understood that the applicant was willing to spend money for health service provision on site but not in the village centre. There was no evidence to demonstrate that the proposed access to the site was unsuitable.

Ward Member Cllr Tony Capozzoli explained that if a suitable site was found the money for funding would come forward.

It was then proposed and seconded to approve the application as per the officer’s recommendation with additional conditions regarding renewable energy, a construction management plan and an informative regarding access direct from the Fosse Way, plus further negotiations regarding the S106 obligation payments towards a medical centre and parking.

On being put to the vote the motion was carried by 6 votes in favour, 4 against and 1 abstention.

RESOLVED: That Planning Application 15/00024/OUT be approved as per the officers recommendation subject to further negotiations with the agent regarding a potential contribution towards a medical centre and parking and:

a)         The prior completion of further archaeological investigation to the satisfaction of the Development Manager in consultation with the County Archaeologist.

b)         The prior completion of a section 106 agreement (in a form acceptable to the Council's solicitor(s)) before the decision notice granting planning permission is issued to:-

1)    Secure a contribution of £1,181 per dwelling towards the increased demand for outdoor playing space, sport and local recreation facilities to the satisfaction of the Assistant Director (Wellbeing).

2)    The provision of play equipment in a centrally located LEAP of 681m2 with 30m buffer zones, provision of 170m2 of youth facility space located adjacent LEAP with 30m buffer and their on-going maintenance through a management company to the satisfaction of the Assistant Director (Wellbeing).

3)    Ensure at least 35% of the dwellings are affordable with a tenure split of 67:33 in favour    of rented accommodation over other intermediate types, to the satisfaction of the Corporate Strategic Housing Manager.

4)    Provide for Travel Planning measures to the satisfaction of the Development Manager in consultation with the County Highway Authority and fully implemented in accordance with the agreed details.

5)    Secure a contribution of £232,883 towards primary school places to the satisfaction of Somerset County Council.

c)         The following conditions:

JUSTIFICATION

01.       Notwithstanding the local concerns, the provision of up to 150 houses in this sustainable location would contribute to the council's housing supply without demonstrable harm to archaeology, residential amenity, highway safety, ecology or visual amenity, and without compromising the provision of services and facilities in the settlement. As such the scheme is considered to comply with the polices of the adopted local plan and the aims and objectives of the NPPF.

SUBJECT TO THE FOLLOWING:

01.       Details of the appearance, landscaping, layout and scale (herein after called the "reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as 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 site hereby approved for development shall be as shown on the submitted location plan BRS.4903_02C and drawing 1312-10 of the Transport Assessment from Transport Planning Associates received 24 December 2014.                    

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

04.       No works shall be undertaken unless a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. The drainage strategy should demonstrate the surface water run-off generated up to and including the 1 in 100 critical storm an allowance for climate change, will not exceed the run-off from the undeveloped site following the corresponding rainfall event. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

            Reason: To prevent the increased risk of flooding, both on and off site in accordance with Policy EQ1 of the South Somerset Local Plan and the aims and objectives of the NPPF.

05.       No development approved by this permission shall be occupied or brought into use until a scheme for the future responsibility and maintenance of the surface water drainage system has been submitted to and approved by the Local Planning Authority. The approved drainage works shall be completed and maintained in accordance with the details agreed.  

            Reason: To prevent the increased risk of flooding, both on and off site in accordance with Policy EQ1 of the South Somerset Local Plan and the aims and objectives of the NPPF.

06.       No works shall be undertaken unless a foul water drainage strategy is submitted and approved in writing by the local Planning Authority in consultation with Wessex Water acting as the sewerage undertaker

-           a drainage scheme shall include appropriate arrangements for the agreed points of connection and the capacity improvements required to serve the proposed development phasing

-           the drainage scheme shall be completed in accordance with the approved details and to a timetable agreed with the local planning authority.       

            Reason: To ensure that proper provision is made for sewerage of the site and that  the development does not increase the risk of sewer flooding to downstream property in accordance with the aims and objectives of the NPPF

07.       No works shall be undertaken unless the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the local planning authority.  

            Reason: To safeguard heritage assets of archaeological interest in accordance with Policy EQ3 of the adopted South Somerset Local Plan and the aims and objectives of the NPPF.

08.       To be submitted with any future full or reserved matters application details of measures for the enhancement of biodiversity, based upon the submitted reports and noted by the Somerset Wildlife Trust. The biodiversity enhancement measures shall be implemented in accordance with the approved details unless otherwise approved in writing by the local planning authority.   

            Reason: For the enhancement of biodiversity in accordance with Policy EQ4 of the adopted South Somerset Local Plan and the aims and objectives of the NPPF.

09.       In the event that any signs of pollution such as poor plant growth, odour, staining of the soil, unusual colouration or soil conditions, or remains from the past industrial use, are found in the soil at any time when carrying out the approved development it must be reported in writing within 14 days to the Local Planning Authority (LPA). The LPA will then consider if the findings have any impact upon the development and development must be halted on that part of the site. If the LPA considers it necessary then an assessment of the site must be undertaken in accordance with BS10175. Where remediation is deemed necessary by the LPA a remediation scheme must be submitted to and approved in writing by the LPA and then implemented in accordance with the submitted details.          

            Reason: To protect the health of future occupiers of the site from any possible effects of contaminated land, in accordance with Policy EQ7 of the adopted South Somerset Local Plan.

10.       No works shall be undertaken unless a scheme of works for acoustic insulation for the new dwellings has been submitted to and agreed in writing by the Local Planning Authority.    

            Reason: In the interests of amenity due to aircraft noise in accordance with the aims and objectives of the NPPF and the details contained within Appendix 4 of the adopted South Somerset Local Plan

11.       As part of any full or reserved matters application a detailed landscape strategy, including a hedge protection plan to BS5837, shall be submitted with the onsite landscape proposals based on indicative drawing BRS.4903_09E.                                 

            Reason: In the interests of visual amenity and in accordance with policies EQ2 of the adopted South Somerset Local Plan.

12.       The proposed dwellings shall be constructed as two storey buildings with the main eaves line approximately level with the first floor window heads.          

            Reason: In the interests of the character of the locality in accordance with Policy EQ2 of the adopted South Somerset Local Plan.

13.       The residential component of development hereby approved shall comprise no more than 150 dwellings.                        

            Reason: To ensure that the level and density of development is appropriate to the location and commensurate with levels of contributions sought in accordance with Policies EQ2, HW1, SS6, HG3 and TA4 of the adopted South Somerset Local Plan.

14.       No work shall commence on the individual parts of the development site until a car parking scheme for that part of the site has been submitted to and approved in writing by the Local Planning Authority.  The scheme should be in line with the optimum levels set out in the County Council Parking Strategy and is to be fully implemented in accordance with the approved details, unless otherwise agreed in writing with the Local Planning Authority.     

            Reason: In the interests of parking on the site in accordance with Policy TA6 of the adopted South Somerset Local Plan.

15.       The proposed estate roads, footways, footpaths, tactile paving, cycleways, bus stops/bus lay-bys, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car, motorcycle and cycle parking, and street furniture shall be constructed and laid out in accordance with details to be approved by the Local Planning Authority in writing before their construction begins.  For this purpose, plans and sections, indicating as appropriate, the design, layout, levels, gradients, materials and method of construction shall be submitted to the Local Planning Authority.      

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

16.       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 Policy TA5 of the adopted South Somerset Local Plan.

17.       The gradients of the proposed drives to the dwellings hereby permitted shall not be steeper than 1 in 10 and shall be permanently retained at that gradient thereafter at all times.           

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

18.       None of the dwellings hereby permitted shall be occupied until a scheme of street lighting has been installed between on all the proposed roads in accordance with a design and specification to be approved in writing by the Local Planning Authority.

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

19.       To be submitted with any reserved matters or full applications, the layout shall include a full assessment of renewable energy including measures such as the maximisation of solar orientation, maximising natural shade and cooling and water efficiency.

            Reason: In the interests of addressing climate change by enhancing renewable energy features in accordance with Policy EQ1 of the adopted South Somerset Local Plan.   

20.       No works shall be undertaken unless 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, car parking for contractors, specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice. The development shall be carried out strictly in accordance with the approved Construction Management Plan.

            Reason: In the interests of highway safety and residential amenity in accordance with Policies TA5 and EQ2 of the adopted South Somerset Local Plan.  

Informatives:

01.       You are reminded of the contents of the Environment Agency's letter of 26 January 2015 which is available on the council's web-site.

02.       You are reminded of the comments of the Council's Climate Change Officer dated 13 January 2015 which is available on the council's web-site.

03.       You are reminded of the contents of the Police Architectural Liaison Officer's letter of 20 January 2015 which is available on the council's web-site.

04.       You are reminded of the contents of the Environmental Protection Officer's letter of 23 February 2015 which is available on the council's web-site.

05.       You are reminded of the contents of Wessex Water's letter of 27 February 2015 which is available on the council's web-site.

06.       No work shall commence on the development site until an appropriate right of discharge for surface water has been obtained before being submitted to and approved in writing by the Local Planning Authority.

07.       The Council considers that a preferable access to the site is directly from Fossway to the East and this should be considered.  

 (Voting: 6 in favour; 4 against; 1 abstention)