Agenda item

Councillor Mike Lewis confirmed that as a Somerset County Councillor and although did not have a prejudicial interest in application 15/02347/OUT he would abstain from voting.

The Area Lead East presented the application as detailed in the agenda and with the aid of a powerpoint presentation showed the site, proposed plans, photos of the vicinity and coloured plan of the proposed schemes within the area and relationship with each. 

He proceeded to provide members with several updates including:

·         Clarified positon of support from Castle Cary Town Council with request for conditions to take account of:

o   Traffic management to ensure residential traffic exits onto Station Road with employment/industrial traffic exit onto Torbay Road. 

o   No ransom strips be contained within the site. 

o   Somerset County Council (SCC) consider the expansion of the existing primary school

o   Ensure Section 106 contributions remain in the community. 

·          ‘Care4Cary’ comments had also been received which included:

o   That SCC commit to expansion of the existing primary school.

o   Limit employment/commercial use onsite.

o   All residential traffic including construction traffic to be via Station Road with all residential traffic exit onto north of site Station Road with employment/industrial traffic exit to Torbay Road.

o   Preclusion of link road through the proposed site.

In response to these comments the Area East Lead clarified to members that:

·         Traffic management issues and layout can be established at reserved matter stage should members be minded to approve the application.

·         Ransom strip control is not typically recognised through planning condition.

·         Careful consideration should be given at this stage to restrict employment land use as any restrictions could prevent a local employer occupying the land.

·         A provision for modest construction traffic off Torbay Road for first 25 dwellings could be considered and restriction can be made should members be minded to approve the application.

The Area Lead East then proceeded to update members that:

·         The Area Development Team raised concern regarding the cumulative development and overall plan of all schemes within the area.  They welcomed the employment provision but were concerned over the expansion of such sites.

·         Somerset County Education had now revised and increased the cost of education per place to £14,007.00.

·         SCC as flood authority raised no objection to drainage subject to detail.

The Area East Lead also referred to the key considerations which included:

·         Principle of development

·         Cumulative impact

·         Local landscape and visual amenity impact

·         Residential amenity

·         Highway issues

·         Planning Obligations

He confirmed that his recommendation was to approve the application for reasons as detailed in the agenda report.

Mrs Liz Stokes Chair of Castle Cary Town Council addressed the committee.  She confirmed support for the proposal and recognised the need for new housing close to the town centre.  She referred to the draft Neighbourhood plan which would help and allow development in the town to grow appropriately and maintain the character of the town.  She confirmed positive negotiations had taken place with the applicant’s agent and therefore in this instance the Town Council would look to support this application as only way to defend other applications and limit the impact of development in the town.

Mrs Pek Peppin Chair of Planning on Castle Cary Town Council addressed the committee.  She voiced concern over the application including:

·         Believed more influence should be given to local people over such developments and concerned in future to be forced by policy to accept all these proposed developments within the area. 

·         Cumulative schemes would change the character of the town and put a huge strain on the infrastructure and surrounding road network.

·         Recognised the need for some new housing within the town and hoped that support for this application would resist further development.

·         Employment provision was necessary and was a requirement for housing development to be undertaken.

·         Preferences to develop on brownfield sites or derelict housing and resist the need for development on good agricultural land.

She concluded that reluctantly the Town Council support this application on the understanding the agreed conditions be adhered to.

Ms L Johnson, Ms V Noble, Mrs S Lane and Mr C Kay all spoke in objection to the application, their comments included:

·         Recommended the provision of a single roundabout to service the proposed schemes be proposed at the A371 and Station Road junction as concern of road safety issue and the cumulative impact these schemes would have on road traffic safety.

·         Anxious about the construction vehicles on Torbay Road.

·         Requirement for provision of pedestrian/cycleway route.

·         Concerns about road safety issues and the requirement for calming measures both along Station Road and Torbay Road.

·         Worried about the rail crossing points

·         Disappointed that SCC have constantly refused a Freedom of Information (FOI) request as to what traffic analysis has be done on the B3153 and A371 which feeds into the development.

·         Application barely changed from the planning application submitted in April 2015.

·         Road through the estate would be unsuitable to gain access to the industrial estate.

·         Concerned no local concerns had been considered.

·         No environmental impact assessment done.

·         Reassurance that all conditions as set out by Castle Cary Town Council be included should permission be granted.

Mr Barry Lane then addressed the committee.  He felt serious consideration should be given to employment land in order to attract new investment into the town.  He also questioned who would consider buying a new house should there be no provision for employment.  He also believed the existing primary school had the opportunity to expand at its current site and that this could be a feasible option.

Mr James McMurdo the agent noted to members that this application had now been supported by the Town Council and was policy compliant.  He said the development was in the direction of growth for the town and that SSDC cannot currently demonstrate a five year land supply.  He concluded the development abuts existing housing and employment land and there were no technical reasons to refuse the application.

Ward members Councillors Henry Hobhouse and Nick Weeks both raised concern of the application.  They voiced several comments which included:

·         Concern that the provision of a roundabout that had been proposed several weeks ago had not been further considered at this stage.  A single access point was a necessity for the area should the three schemes be developed and believed the applicant and SCC were happy with this proposal and would not support the application unless this was established.

·         Assurance is given that should SCC not require the school site it will not be used for retail purposes.

·         This application and application 15/02388/OUT covers the direction of growth for the area up to 2028.

·         Assurance is given that there be no ransom strips created in the development.

·         Reluctantly support but strong conditions be established to safeguard the route from Station Road to existing industrial estate, allow for 25 houses to be constructed off Torbay Road access, thereafter all residential traffic including construction traffic to be via Station Road and the control of ransom strips on the site.

In conclusion both Ward members expressed their support for the application in anticipation this may defend and limit other applications in the area.

During a short debate, the Development Manager and Area Lead East confirmed to members that:

·         A Section 106 planning obligation could protect land use should SCC not require the school site.

·         Although the planning authority does not usually get involved in ransom strips it is understood that the applicant is willing to agree to this request.

·         There is a clear indication from the applicant to safeguard a route which may result in a roundabout and advised the requirement for this to be established at this stage as a condition.

The Legal Services Manager also advised members that in her opinion the ransom strip rights be controlled with a Section 106 planning agreement and not as a condition.  She did however clarify that should the developer have a change of heart when negotiating this agreement then the application may have to come back to Committee, as only in exceptional cases should there be the removal of ransom rights from a developer.

During members discussion additional points were raised including the following:

·         Cautious that should members be minded to approve these applications it does not guarantee of no further development in the area.

·         Appreciate other appeal decisions but should look to safeguard future development of the area and establish local influence if possible at this stage.

During a short debate, members led by the Development Manager and Area Lead East discussed and suggested additional conditions to include:

·         Should SCC not require the school site, no application for retail use will be made.

·         No ransom strips to be created.

·         Revisions to conditions to include safeguard route along northern boundary

·         Additional conditions :-

o   to safeguard route from Station Road direct to existing industrial area to allow up to 25 houses to be constructed off Torbay Rd access, thereafter all residential traffic, incl. construction traffic and occupier’s access to the 25 constructed off Torbay Rd, to be solely via Station Rd

Details to be agreed with Ward Members and Vice Chair.

Following a short discussion, it was then proposed and subsequently seconded that planning permission be approved as per the officer’s recommendation and subject to the additional conditions as agreed as follows:

·         Section 106 to also cover :

o   In the event that SCC do not require the school site no application for A1 will be made.

o   No ransom strips to be created.

·         Revisions to conditions to include:

o   16 to refer to northern boundary

o   17 insert “unless agreed otherwise…” at beginning

·         Additional conditions :-

o   22 – to safeguard route from Station Road direct to proposed industrial area

o   23 – to allow up to 25 houses to be constructed off Torbay Rd access, thereafter all residential traffic, incl. construction traffic and occupier’s access to the 25 constructed off Torbay Rd, to be solely via Station Rd

o   24 – serviced access to employment land to be provided prior to occupation of 25^th house.

Details to be agreed with Ward Members and Vice Chair.

On being put to the vote this was carried by 5 votes in favour, 0 against and 2 abstentions.

RESOLVED:

That application 15/02347/OUT be approved subject to:

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

(i)      Contributions towards offsite recreational infrastructure, to the satisfaction of the Assistant Director (Wellbeing) broken down as:

·      £27,500 towards provision of new youth facilities in Castle Cary/Ansford;

·      £64,605 towards enhancement of existing pitches or provision of new grass or artificial pitches in Castle Cary/Ansford;

·      £131,167 towards enhancement of existing changing rooms or provision of new changing rooms in Castle Cary/Ansford;

·      £84,643 towards enhancement of existing community hall facilities in Castle Cary/Ansford.;

·      £66,818 as a commuted sum towards the local facilities.

·      Monitoring fee based on 1% of total

(ii)      The provision of an on-site LEAP to the satisfaction of the Assistant Director (Wellbeing) or the provision of land and contribution of £140,052 and a commuted sum of £80,896 to enable the District Council provide and subsequently maintain the LEAP.

(iii)     At least 35% of the dwellings as affordable dwellings of a tenure and mix that is acceptable to the Corporate Strategic Housing Manager.

(iv)    an education contribution of £404,481 to the satisfaction of the Development Manager in consultation with the County Education Authority

(v)     Travel Planning measures to the satisfaction of the Development Manager in consultation with the County Highways Authority

(vi)    an undertaking that in the event SCC does not require the school site no application will be made for A1 retail use.

(vii)    an undertaking that no ransom strips will be created.

            and the following conditions.

(b)  That no evidence be offered in relation to the appeal against the refusal of application 15/02347/OUT subject to the completion of a S106 agreement as outlined above.

Justification:

Notwithstanding the local concerns, by reason of the range of services and facilities to be found in the locality this is considered to be a sustainable location in principle for appropriate development. The erection of 165 dwellings with 2 hectares of employment land would provide employment opportunities, make provision for enhancements to community facilities and would contribute to the supply of local housing without undue impacts in terms of landscape, residential amenity, ecology, drainage or highway safety impacts and would respect the setting of nearby heritage assets. As such the proposal accords with the policies of the South Somerset Local Plan 2006 - 2028 and the provisions of the National Planning Policy Framework.

Subject to the following conditions:

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 not 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 on the land identified by on drawing number 12733_L01_01.

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

04.       No development hereby approved shall commence until a detailed surface water drainage schemefor the site, generally in accordance with the submitted Flood Risk Assessment by Pell Frischmann has been submitted to and approved in writing by the local planning authority. Such scheme shall include measure to prevent the run-off of surface water from private plots onto the highways. The scheme shall subsequently be implemented in accordance with the approved details before the development is occupied.  

Reason:  To ensure the development is properly drained in accordance with policy EQ1 of the South Somerset Local Plan 2006-2028 and the provisions of the National Planning Policy Framework

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 ensure the development is properly drained in accordance with policy EQ1 of the South Somerset Local Plan 2006-2028 and the provisions of the National Planning Policy Framework.

06.       The development shall not be commenced until 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. Such strategy scheme shall include appropriate arrangements for the agreed points of connection and provision for capacity improvements as required to serve the development. Once approved drainage scheme shall be completed in accordance with the approved details and to a timetable agreed with the local planning authority.

Reason: In the interests of residential amenity and 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 policies EQ1 and EQ2 of the South Somerset Local Plan 2006-2028 and the provisions of the National Planning Policy Framework.

07.       The development hereby permitted shall not be commenced until there has been submitted to, and approved in writing by the Local Planning Authority, a badger mitigation plan detailing measures for minimising disturbance and harm to badgers and enabling badgers continued access within their territory as appropriate for their welfare.  The works shall be implemented in accordance with the approved details and timing of the plan, unless otherwise approved in writing by the local planning authority.

Reason: To safeguard protected species in accordance with Policy EQ4 of the South Somerset Local Plan 2006-2028.

08.       The development hereby approved shall be carried out in accordance with the measures, including an ecological watching brief during construction, for minimising harm to Priority Species (Common Toad, Slow-worm) as detailed in the Ecology Mitigation and Enhancement Plan dated 27/04/14 submitted with the application.

Reason: For the protection of priority species in accordance with NPPF and the Natural Environment and Rural Communities Act 2006.

09.       Prior to the commencement of the dwellings hereby approved details of measures for the enhancement of biodiversity, which shall include the provision of bat, swallow and swift boxes, shall be submitted to and approved in writing by the Local Planning Authority.  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 conservation and protection of species of biodiversity importance in accordance with policy EQ4 of the South Somerset local Plan 2006-2028.

10.       The development hereby permitted shall not begin until a scheme to deal with contamination of land, controlled waters and/or ground gas has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include all of the following measures, unless the Local Planning Authority dispenses with any such requirement specifically in writing:

a)     A Phase I site investigation report carried out by a competent person to include a desk study, site walkover, the production of a site conceptual model and a human health and environmental risk assessment, undertaken in accordance with BS 10175 : 2011 Investigation of Potentially Contaminated Sites – Code of Practice. (Completed)

b)     A Phase II intrusive investigation report detailing all investigative works and sampling on site, together with the results of the analysis, undertaken in accordance with BS 10175:2011 Investigation of Potentially Contaminated Sites – Code of Practice. The report should include a detailed quantitative human health and environmental risk assessment.

c)     A remediation scheme detailing how the remediation will be undertaken, what methods will be used and what is to be achieved. A clear end point of the remediation should be stated, such as site contaminant levels or a risk management action, and how this will be validated. Any on-going monitoring should also be outlined.

d)     If during the works contamination is encountered which has not previously been identified, then the additional contamination shall be fully assessed and an appropriate remediation scheme submitted to and approved in writing by the Local Planning Authority.

e)     A validation report detailing the proposed remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology. Details of any post-remedial sampling and analysis to show that the site has reached the required clean-up criteria shall be included, together with the necessary documentation detailing what waste materials have been removed from the site.

Reason: To protect the health of future occupiers of the site from any possible effects of contaminated land, in accordance with policies EQ2 and EQ7 of the South Somerset Local Plan 2006 – 2028.

11.       No development hereby approved shall take place until 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 the archaeological potential of the site in accordance with policy EQ3 of the South Somerset Local Plan 2006 – 2028.

12.          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 highways safety in accordance with Policy TA5 of the South Somerset Local Plan 2006-2028.

13.          The proposed estate roads, footways, footpaths, tactile paving, cycle ways, 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 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 highways safety in accordance with Policy TA5 of the South Somerset Local Plan 2006-2028.

14.       Numbering error – no condition 14.

15.       The development hereby permitted shall not commence unless a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall include construction operation hours, construction vehicular routes to and from site, construction delivery hours, car parking for contractors and specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice. Once approved the development shall be carried out in accordance with the approved Construction Management Plan.

Reason: To safeguard the amenities of the locality in accordance with Policy EQ2 of the South Somerset Local Plan 2006-2028.

16.       The reserved matters application(s) shall include provision for footpath, cycle-path and vehicular links to the boundary with the adjoining land to the north. Unless agreed otherwise in writing, such links shall be fully provided to the boundary prior to the occupation of any dwelling or building on the site

Reason: to ensure that future development is provided with good links to the town in accordance with policies TA1 and TA5 of the South Somerset Local Plan 2006-2028.

17.       Unless agreed otherwise the accesses to the site shall be formed generally in accordance with the details shown on drawings14139/SKC002A; 14136/SKC003A and 14139/SKC001B, the full details of which shall be submitted to and approved in writing by the local planning authority prior to their commencement.

Reason: In the interests of highways safety in accordance with Policy TA5 of the South Somerset Local Plan 2006-2028.

18.          No works shall commence on the development hereby permitted until details of the off-site highway works shown on the submitted drawings have been submitted to and approved in writing by the Local Planning Authority. Such works shall then be fully constructed in accordance with the approved plan to an agreed specification before the development is first brought into use.

Reason: In the interests of highways safety in accordance with Policy TA5 of the South Somerset Local Plan 2006-2028.

19.          There shall be no obstruction to visibility greater than 600mm above adjoining road level in advance of lines drawn 2.4m back from the carriageway edge on the centre line of both accesses and extending to points on the nearside carriageway 43m either side of the accesses. Such visibility shall be fully provided before the development hereby permitted is commenced and shall thereafter be maintained at all times.

Reason: In the interests of highways safety in accordance with Policy TA5 of the South Somerset Local Plan 2006-2028.

20.       The commercial buildings hereby approved shall only be used for uses falling within B1 or B8 of the Use Classes Order.

            Reason:  In the interests of residential amenity in accordance with policy EQ2 of the South Somerset Local Plan 2006-2028.

21.       The development hereby permitted shall not be commenced until there has been submitted to, and approved in writing by the Local Planning Authority, the details of the phasing of the development hereby approved. Such phasing shall take into account any other development within the Direction of Growth for which planning permission has been granted or for which these is a resolution to approve.

            Reason:  In the interest of securing the proposal phased and planned growth of Castle Cary in accordance with policy LMT1 and the policies contained within the National planning Policy Framework.

And the following additional conditions (detailed wording to be agreed with Ward members and Vice Chair)

22.       The reserved matters application to include a safeguarded route from Station Road direct to the proposed employment area.

23.       No more than 25 houses to be constructed off the Torbay Rd access, thereafter all residential traffic, including construction and occupier’s access to be solely via Station Road.

24.       Serviced access to employment land to be provided prior to occupation of 25^th house.

Informatives

1.         You are reminded that development, insofar as it affects a right of way should not be started and the right of way should be kept open for public use until the necessary diversion/stopping up order has come into effect. Failure to comply with this request may result in the developer being prosecuted if the path is built on or otherwise interferedwith.

2.         You are reminded that the submitted layout is indicative only and that objections have been raised to it from the Council’s economic development officer and climate change officer. The layout of the reserved matters application should be informed by their comments. You are urged to discuss these concerns with the local planning authority at an early stage.

3.         You are reminded that there should be no removal of vegetation that may be used by nesting birds (trees, shrubs, hedges, bramble, ivy or other climbing plants) nor works to or demolition of buildings or structures that may be used by nesting birds, shall be carried out between 1^st March and 31^st August inclusive in any year, unless previously checked by a competent person for the presence of nesting birds.  If nests are encountered, the nests and eggs or birds, must not be disturbed until all young have left the nest.

4.         You are reminded that parking provision should be in line with the Somerset County Council Parking Strategy.

5.         It is suggested that a Condition Survey of the existing public highway will need to carried out and agreed with the Highway Authority prior to any works commencing on site, and any damage to the highway occurring as a result of this development is to be remedied by the developer to the satisfaction of the Highway Authority once all works have been completed on site.

6.         You are reminded that no work should commence on the development site until the appropriate rights of discharge for surface water have been obtained.

(voting: 5 in favour, 0 against, 2 abstentions)