Agenda item

The Planning Officer presented the report as detailed in full in the agenda; with the aid of a power point presentation he showed the site and drawings of the proposal. The officer confirmed that his recommendation was to approve the application.

Laila Jhavin of Battens Solicitors urged members to approve the application.

Ward Member Cllr Mike Beech addressed the committee and explained that no members of Bratton Seymour Parish Meeting had been able to attend the AEC meeting, but they had voiced their objection to the application as detailed in the agenda report. Cllr Beech suggested that the meeting be deferred to enable members of the Parish Meeting to attend a future AEC meeting and he also proposed that members should visit the site in order to assess the concerns regarding the access on to the highway as the proposal would mean that the access would be moved to within 16 meters of the corner.

There was no seconder to the proposal made by Cllr Beech.

The Area Lead East explained that members should consider whether the increase in traffic from one extra dwelling would be detrimental enough to refuse the application.

During the short discussion it was felt that as there was already one dwelling on the site and it was proposed to improve the access, the application should be approved.  Therefore it was proposed and seconded to approve the application subject to a revision to Condition 13 to require a new access to be formed from the commencement of development.

On being put to the vote the motion was carried by 8 votes in favour: 1 against and 1 abstention.

RESOLVED: That Planning Application 15/00522/FUL be approved as per the officers recommendation:

04.  The proposal, by reason of its scale, design and siting, respects the character and appearance of the area, and causes no demonstrable harm to residential amenity, landscape or ecology, in accordance with the aims and objectives of Policies HG8, EQ2, TA6 and EQ4 of the South Somerset Local Plan, 2006-2028, and the NPPF.

SUBJECT TO THE FOLLOWING:

04.  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: drawings ref. S5110/100D, /101H, /102G, /103B, /104D, /105D received 4 February 2015.

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

03.       No development hereby approved shall be carried out until particulars of 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; this shall include surface modelling and interface between the various wall materials;

b.         a sample panel, to be prepared for inspection on site, to show the render finish of the external walls;

c.         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;

            d.         details of all hardstanding and boundaries

            e.         details of the rainwater goods, and eaves and fascia details and treatment.

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

Reason: To safeguard the character and appearance of the area in accordance with saved policy EQ2  of the South Somerset Local Plan 2006-2028, and the NPPF.

04.       No external lighting shall be installed or erected on the site unless as part of a scheme, details of which have been submitted to and approved in writing by the Local Planning Authority. The scheme of lighting should seek to minimise external lighting and avoid spotlights particularly any visible from the public highway. Once approved, such lighting shall only be erected and used in accordance with such scheme unless otherwise agreed in writing with the Local Planning Authority.

Reason: To safeguard the character of the area and in the interests of preventing light pollution in accordance with Policy EQ2 of the South Somerset Local Plan, 2006-2028, and the NPPF.

05.       No development hereby permitted shall be commenced until there has been submitted to and approved in writing by the Local Planning Authority a scheme of 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. The scheme of landscaping shall be generally in accordance with the submitted site layout plan ref. S5100/105D, and shall include supplementary boundary tree & shrub planting, which would benefit the existing screening values of the mature trees by ensuring a succession of younger age-structure.

Reason: To safeguard the character and appearance of the area, and to accord with Policy EQ2 of the South Somerset Local Plan, 2006-2028, and the NPPF.

06.       The tree protection measures as specified within the submitted Tree Protection Plan [Appendix 1 of Report Reference: 1054 – AIA 2] and Arboricultural Method Statement [Chapter 5.1 – 5.3.5 inclusive, as detailed within Report Reference: 1054 – AIA 2] shall be implemented in their entirety for the duration of the construction of the development, inclusive of any landscaping operations. 

Reason: To preserve the health, structure and amenity value of trees in accordance with the objectives within Policy EQ4 of the South Somerset Local Plan 2006-2028 and those statutory duties as defined within the Town & Country Planning Act, 1990 (as amended).

07.       The development hereby permitted shall not be commenced (including any demolition or site clearance) until there has been submitted to and approved in writing by the Local Planning Authority, full details of a bat mitigation plan and method statement.  The works shall be implemented in accordance with the approved details and timing of the mitigation plan and method statement, 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.

            No demolition of either Bratton Lodge or Bratton Lodge Cottage shall commence until the replacement Bat Roost (as indicated on Drawing no. S5110/104D and appended to the bat survey report) has been constructed, and an inspection and confirmation by a Natural England licensed bat consultant verifying it is fit for purpose (for use by the intended species of bats) has been submitted to and 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 EQ4 of the South Somerset Local Plan 2006-2028, and to ensure compliance with the Wildlife and Countryside Act 1981 and The Habitats Regulations 2010.

08.       If the development hereby approved, including any demolition, does not commence within the period of 2 years from the date of the most recent wildlife surveys, then a further survey shall be undertaken to ascertain any changes in protected species presence or activity before work commences.  Such surveys shall be submitted to the local planning authority and approved in writing before work commences along with any further mitigation proposals that may be necessary as a result of any significant changes in protected species presence or activity.  Any amended mitigation measures shall thereafter be implemented as agreed.

            Reason: For the conservation and protection of legally protected species of recognised nature conservation importance in accordance with Policy EQ4 of the South Somerset Local Plan 2006-2028, and to ensure compliance with the Wildlife and Countryside Act 1981 and The Habitats Regulations 2010.

09.       Before the dwelling is occupied, the revised access over the first 5m of its length 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 (before works commence), by the Local Planning Authority and thereafter maintained at all times. 

Reason: In the interests of highway safety and to accord with Policy EQ2 of the South Somerset Local Plan, 2006-2028, and the NPPF.

10.       The proposed access shall be constructed in accordance with details shown on the submitted plan, drawing number S5110/105D, and shall be available for use before development commences.  Once constructed the access shall be maintained thereafter in that condition at all times.

            Reason: In the interests of highway safety and to accord with Policy EQ2 of the South Somerset Local Plan, 2006-2028, and the NPPF.

11.       The driveway between the edge of carriageway and the entrance gates 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 and to accord with Policy EQ2 of the South Somerset Local Plan, 2006-2028, and the NPPF.

12.       The area allocated for parking and turning on the submitted plan, drawing number S5110/105D, shall be kept clear of obstruction 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 and to accord with Policy TA6 and EQ2 of the South Somerset Local Plan, 2006-2028, and the NPPF.

13.       Wording toproposed Condition 13 to be agreed: to require a new access to be formed from the commencement of development.

14.       The existing structures, including Bratton Lodge, Bratton Lodge Cottage and associated outbuildings, shall be removed from the site in accordance with a timetable and scheme of demolition to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development.  Such details shall  reflect the mitigation measures to be agreed under condition 7 above, and shall provide for the demolition and removal of both dwellings prior to the occupation of the replacement dwelling and/or annexe hereby approved.

Reason: To ensure that comprehensive development of the site and its final development in accordance with the approval hereby granted.

15.       The development shall not commence (specifically including any site clearance or ground works) until a scheme for the eradication of Japanese Knotweed from the site has been submitted to, and approved in writing, by the local planning authority.  The approved scheme shall be implemented in full unless otherwise agreed in writing.

Reason: For the protection of amenity of future owners/occupiers of the site and neighbours, and to ensure compliance with The Wildlife and Countryside Act 1981 (as amended).

Informatives:

04.  Update bat surveys will be required in spring/summer 2015 before a European Protected Species Mitigation Licence (under The Conservation (Natural Habitats, &c.) Regulations 2010) application can be made to Natural England.  This licence will be required before the development can commence.  You will need to liaise 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.

02.       Badgers are present on the site and may create ‘outlier setts’ (temporary setts) at any time, which could require identifying an exclusion zone or require closure under licence from Natural England (normally restricted to July to November inclusive).  Update surveys for badgers are recommended prior to commencing development (particularly each new stage of ground works or excavations) in order to minimise the risk of damaging setts in contravention to the Protection of Badgers Act 1992, and introducing delays to the development.  Site specific advice from an ecological consultant is recommended in order to inform appropriate exclusion zones and protection, timing of sensitive operations (which may be limited to July to November), and assistance with the application for sett closure licence from Natural England.

03.       Reptiles (particularly slow worms) could be present on the site and could be harmed by construction activity, contrary to legislation (Wildlife and Countryside Act 1981), unless appropriate precautionary measures are employed.  Suitable measures could include appropriate management of the vegetation to discourage reptiles away from areas of risk, reptile exclusion fencing, and/or translocation of animals from the site.    An ecological consultant should be commissioned to undertake further reptile specific survey and provide site specific advice.

04.       The Wildlife and Countryside Act 1981 makes it an offence to disturb a nest of any wild bird whilst it is in use or in the process of being built.  Clearance of trees, scrub, ivy, bramble or other dense vegetation, and demolition of, or works to buildings, could cause disturbance to nesting birds, and it is advisable to carry out such works outside of the main nesting season of 1^st March to 31^st August inclusive, unless a prior check by a competent person has confirmed the absence of nesting birds.

(Voting: 8 in favour: 1 against 1 abstention)