Agenda item

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 a plan showing the relationship with the other proposed schemes in the area.

He proceeded to provide members with several updates including:

·         Clarified positon of support from Castle Cary Town Council whereby the same conditions were specified as in the previous application 14/15/02347/OUT with the exception of the no through route as does not apply in this case.  Comments also included that the access link onto Station Road be completed before work begins onsite and a detailed landscaping plan provided.

·         The Area Development Team echoed comments from the previous application 14/15/02347/OUT to include lack of overall plan, risk of sites coming forward in isolation and the overall cumulative effect for the area.

·         Applicant confirmed and content with the SCC education increase in the cost 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

The Area Lead East accepted that this application would put the housing figure marginally over the accepted level but as this is specified as a minimum number it was considered acceptable.  His recommendation was therefore 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 positive negotiations had taken place with the applicant and therefore in this instance the Town Council would look to support this application as only way to defend other applications and agree the best outcome for the local community.

Mrs Pek Peppin Chair of planning on Castle Cary Town Council addressed the committee.  She believed the Neighbourhood Plan was a legitimate way to planning and safeguarding development for the area and hoped that the two developers would work together to ensure a single access route onto Station Road and maintain road safety for local people.

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

·         Inadequate traffic assessments.

·         Reluctantly support the application but with strict conditions as specified by the Town Council.

·         Disappointed in the lack information and support from the Highway Authority.

·         Considered the proposed roundabout as indicated by the Neighbourhood design statement as simply the best means to serve the developments in the area.

Mr Barry Lane also addressed the committee.  He believed the site ought to have required a Masterplan to negate any issues from the scheme and make certain the precise location of the roundabout on Station Road.  He felt consideration should be given to include B1 employment provision on site and hoped the developer will work with the local people to establish an acceptable scheme.

Mr Kevin Bird the applicant then addressed the committee.  He thanked all parties that the outcome of negotiations allowed a recommendation for approval.  He believed this development would not have a cumulative impact on the local area and confirmed that there had been discussions with the other developer Donne Holdings and SCC regarding a single access point on to Station Road. 

Councillor Henry Hobhouse, Ward member reiterated his comments from the previous application 15/02347/OUT and requested that the same strict conditions be applied should the application be approved.  He understood a highway assessment had been undertaken and that this application along with the previously approved schemes would be approaching capacity for the area.  He understood the applicant would not seek ransom strip rights within the development and that the developer will work closely with the local community.

Councillor Nick Weeks, Ward member also reiterated his comments from that of planning application 15/02347/OUT and that a proposal to Highways should be made to ensure that the proposed roundabout on to Station Road is the only acceptable way forward. 

During members’ discussion, several points were raised including the following:

·         Appreciated the developer was happy to negotiate and work with local people to ensure an agreed scheme to benefit the whole community.

·         Established that the proposed single access in the form of a roundabout at Station Road is fully supported by the Area East committee members.

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

·         No ransom strips to be created.

·         To safeguard ability to create suitable access arrangements for adjoining safeguarded route.

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   No ransom strips to be created.

o   Layout should not prejudice delivery of safe access for safeguarded route on adjoining site and should make provision for necessary visibility splays onto Station Road.

Details to be agreed with Ward Members and Vice Chair.

On being put to the vote this was carried unanimously.

RESOLVED:

That application 15/02388/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:

·      £12,500 towards provision of new youth facilities in Castle Cary/Ansford;

·      £29,366 towards enhancement of existing pitches or provision of new grass or artificial pitches in Castle Cary/Ansford;

·      £59,622 towards enhancement of existing changing rooms or provision of new changing rooms in Castle Cary/Ansford;

·      £38,474 towards enhancement of existing community hall facilities in Castle Cary/Ansford.;

·      £30,372 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).

(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 £183,855 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 no ransom strips will be created.

            and the following conditions.

(b)  That no evidence be offered in relation to the appeal against the non-determination of application 15/02388/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 up to 75 dwellings would 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 on the location plan submitted with the application received 11/05/15.

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

04.       No development hereby approved shall be commenced until a detailed surface water drainage schemefor the site 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.       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 and a time scale for delivery of all such measures, 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.

08.          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.

09.          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.

10.       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.

11.       The reserved matters application(s) shall include provision for footpath, cycle-path and vehicular links to the boundary with the adjoining land to the south. 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.

12.       The access to the site shall be formed generally in accordance with the details shown on drawing 01, the full details of which shall be submitted to and approved in writing by the local planning authority prior to its commencement.

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

13.          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.

14.       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 access. 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.

15.       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 condition (detailed wording to be agreed with Ward Members and Vice Chair).

16.       Layout should safeguard ability to create suitable access arrangements for safeguarded route.

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 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.

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

4.         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.

5.         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: unanimous)