Agenda item

Planning Applications 14/02141/OUT and 15/04084/DPO - Crewkerne Key Site, Land between A30 and A356, Crewkerne

Meeting of Area West Committee, Wednesday 17th February 2016 5.30 pm (Item 119.)

Minutes:

Application Proposal: Outline development of up to 110 houses, 60 bed nursing home, up to 3.74 hectares of employment land, vehicular access from Station Road and Blacknell Lane, Crewkerne

Application to modify S106 agreements dated 31^st January 2013 between SSDC and SCC and Taylor Wimpey Lit in respect of planning permission reference 05/00661/OUT

The Area Lead Planning Officer (North/East) summarised the applications and made reference to the following points:

· The application injected some value into the site and revisited the S106 obligations on the original outlined scheme;

· The application was seeking to amend the original scheme in line with the new scheme;

· Odour emissions would be low enough not to affect residential amenity;

· Pre-application discussions had been held on the dormouse bridge although a culvert under the road may work and should be cheaper to construct, however the applicant could fall back to constructing the bridge;

· With regard to the issue of noise and the close proximity to the employment area of the town, based on 24 hour monitoring there was no reason to believe that the noise was unsatisfactory. A condition required the submission of a detailed noise survey;

· Access was as per the original application;

· Archaeology had been investigated on the northern part of the site;

· With regard to the planning obligations off-site leisure provision and landscape planting had been reduced;

· Dormouse mitigation had been reduced due to the culvert rather than a bridge;

· The applicants had offered £7.6m to cover all the S106 obligations;

· There were significant savings within the S106 obligations from landscaping and the use of natural stone on the housing;

· Affordable housing was down from 17.5% to 8.25% all for social rent but pressing need was social rent and there was a reasonable balance;

· The NPPF was clear that allocations for employment land which were not coming forward should be looked at again. The principle was contrary to the Local Plan but there were arguments that constituted exceptional circumstances;

· The District Valuer was satisfied with the revised obligations.

In response to questions from Members, the Area Lead Planning Officer advised that:-

· The sewage works were currently located to the north of the site and they could be expanded adjacent to the existing works or all works could be relocated elsewhere;

· There had been no obligation at outline stage with reference to photovoltaic panels on roofs. The lower site was likely to be less sensitive and so a condition or informative could be included if members wished;

· The level of odour emissions would not affect the level of residential amenity;

· The provision of on-street parking on Station Road remained;

· The land to be transferred to the town council was off the site and they were willing to take it on in principle for a commuted sum which was within the landscaping budget;

· The missing figure on agenda page 92 should be £1,377,657;

· The applicant was not requesting any changes to the trigger point of 200 houses for the road. If the site were sold the obligation would run with the land. When the trigger point was reached the road would have to be built;

· The Noise Management Strategy would show the developable areas on site for housing and would come back to Committee at REM stage;

· The phasing would need to be agreed. If priority was the employment land then an additional condition could be added or included in the S106 agreement;

· There was no reason to assume that the industrial land area was locked and it could not grow towards the east;

· Wessex Water had been consulted on the drainage and sewerage.

The Committee was addressed by Philip Bailey, Tim Sturgess, Puck Webber and Sophie Larter in objection to the application. Points mentioned included the following:

· Concerns over the location and nature of the access junction;

· Preference for a roundabout rather than traffic lights;

· The proposed route for the link road would feed traffic towards two estate bottlenecks and without significant improvements these would be gridlocked at peak times;

· Concerns over loss of affordable housing;

· Proximity to sewage works;

· Environmental impact on locality;

· Loss of greenfield;

· Concerns over flooding;

The Agent, Colin Danks advised that the site already had planning permission and that the issue was now about viability. He commented that he had worked with officers through the process to make the best contributions. The road had not changed from the original scheme and the housing element made the site viable.

Ward Member, Cllr. Marcus Barrett commented that although there was reduced social housing he believed there were still benefits to the proposal. He supported the need for more employment land and believed there was a reasonable balance with future potential.

Ward Member, Cllr. Mike Best commented that industrial land was important to the town and should not be forgotten. He felt that the development did bring advantages as the schools were currently crowded and the scheme did provide some affordable housing. He felt that the road could provide an access for a bypass for Misterton in the future.

Ward Member, Cllr. Angie Singleton commented that she was disappointed with the proposals but accepted that financially times had changed. Although the affordable housing offer was not ideal she would accept the offer. She said that her main concerns were in relation to employment land noise and odour issues. She also felt that the revised outline layout of the site was unacceptable and would prefer to see the housing to the south of the site where employment was currently situated. She said that the housing and care home should not be adjacent to the recycling centre, scrap yard and sewage works. With regard to the S106 Agreement, she wished to see the involvement of the ward members with regard to the provision of outside play areas and the dormouse bridge.

She noted a discrepancy in the highways contribution set out in the table on pages 94/95. Whilst the total was put at £432,250, the figures added up to £709,250. The difference of £277,000 was questioned. The Area Lead Officer (North/East) apologised for the error which was due to the figure of £277,000 for the commuted sums to A30 works being confirmed late in the day. He advised that this figure would need to be accounted for, but considered there to be sufficient capacity in other obligations for this to be found without unacceptably altering the balance. It was suggested that this be done with the involvement and agreement of the ward members and chair.

Cllr. Singleton also referred to the need for safeguarding planting by transferring the informal recreation areas on site to ensure planting was maintained for an appropriate commuted sum. She was of the view that the employment land nearest to the care home and housing should be kept to BI use and the light industrial and land furthest away to B2 and B8 use to protect residents. She was unable to accept the outline plans as presented and felt that permission should be subject to a revised outline plan.

The Area Lead Planning Officer (North/East) advised that the site layout could not be conditioned. With regard to a noise condition, he advised that this could be looked at further at the REM stage. He advised that the only part that could not be changed was the access and phasing of the development would be reinforced within the S106 Agreement. He agreed to consult the ward members regarding the details of highways contributions and finalised financial figures, on-site play areas, dormouse crossing and on-site landscaping.

The Legal Services Manager confirmed that the outline application could not be legally granted subject to a satisfactory layout plan. The permission did not tie the layout and would be considered as part of reserved matters.

The Ward Members requested to be involved in the Discharge of Condition 3.

It was proposed and seconded to approve Recommendation A as outlined in the officer’s report. On being put to the vote the proposal was carried 11 in favour and 2 abstentions. It was then proposed and seconded to approve Recommendation B as outlined in the officer’s report subject to the agreement of the details of phasing, trigger points, highways contributions and finalised financial figures, on-site play areas, dormouse crossing and on-site landscaping with the ward members and chair. On being put to the vote the proposal was carried unanimously in favour.

RESOLVED:

That, subject to satisfactory additional information being provided to address the Environmental Protection Unit’s concerns about noise, application 14/02141/OUT be approved, as an amending permission to site wide outline permission 05/00661/OUT, subject to the 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 agree appropriate planning obligations across the allocated site (KS/CREW/1) and the conditions set out below.

(Voting: 11 in favour, 2 abstentions)

That application 15/04084/DPO to vary the planning obligations previously agreed in relation to the development of this allocated keysite, as now varied by the development proposed by 14/02141/OUT as follows:-

· Provide for the completion of the link road through the site, between the A30 and the A356, prior to the occupation of the 200^th house or within 4 years of the occupation of the 1^st house, whichever is sooner.

· Provide for the completion of the link between the new link road and Blacknell Lane prior to the occupation of 1,000m² of employment space or within 4 years of commencement of the employment land or within 7 years of the first occupation of any dwelling, whichever is sooner.

· Ensure the delivery of 50 of the housing as affordable homes for ‘social rent’ to the satisfaction of the Strategic Housing Manager and to require the developer to make ‘best endeavours’ to seek additional funding to raise the proportion of affordable housing.

· Provide for the delivery of the serviced school site, free of any archaeological or ecological interest, to the County Council. The school site to be developed with the potential for dual use of the buildings as a community facility.

· Provide an education contribution of £2,224,112 as requested by the County Education authority, to the satisfaction of the Development Manager.

· Provide for a contribution of £379,871 towards the enhancement of sports and leisure facilities in Crewkerne to as required by the Assistant Director (Wellbeing) to the satisfaction of the Development Manager

· Provide for a contribution of £432,250 towards off site highways mitigation, to include:-

· £100,000 towards town centre improvements (upon commencement)

· £31,000 to off-site traffic calming

· £37,250 towards bus and cycle hard measures

· £100,000 towards improvements to footpath/cycle path links

· £164,000 towards bus services to serve the development

· £277,000 as a commuted sum toward the maintenance of A30 junction works and signalisation

As previously agreed by the County Highways authority

· Provide for the provision and maintenance of on-site play areas to the sum of £329,931 as requested by the Assistant Director (Wellbeing) to the satisfaction of the Development Manager, in consultation with the Ward Members

· Provide for the landscaping and maintenance of the structural landscaping indicated the original Landscape Master Plan, drawing number 08-07-02, including any landscaping necessary for dormouse mitigation measures to the satisfaction of the Development Manager, in consultation with the Ward Members.

· Provide for the completion of appropriate dormouse crossing point of the link road, and associated mitigation works prior to the completion of the link road through the site to the satisfaction of the Development Manager, in consultation with the Ward Members;

· Provide for appropriate badger mitigation measures as required by the Council’s ecologist to the satisfaction of the Development Manager;

· Provide for the transfer of land owned by the applicant to either District Council or the Town Council, together with an appropriate commuted sum for the purposes of the provision of enhanced leisure/recreational facilities, to the satisfaction of the Development Manager, in consultation with the Ward Members;

· Provide for 3 yearly reviews of the viability of the development throughout the construction phase with the allocation of any recovered obligations to uplift the provision of affordable housing as originally agreed.

JUSTIFICATION

Notwithstanding the allocation of this site for employment uses there are material considerations that justify a policy exception to accept a mixed use development of this site. The proposal would maintain a reasonable level of employment land to meet the anticipated need in the town over the plan period and there are significant benefits in terms of the delivery of additional housing to meet the District wide shortfall as well as the need in the town identified by policy SS5. The proposal would have not undue adverse impact on highways safety, food risk, ecology, landscape character or visual or residential amenity. The revised package of planning obligations across the side reflects the viability of the allocated site and is necessary to ensure the delivery of this stalled site whilst maintaining the mitigation measures without which the development would be unacceptable. As such, whilst acknowledging, the policy conflict, there are significant benefits and material considerations that outweigh any harm that might arise.

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.

Application(s) for approval of the reserved matters shall be made to the local planning authority not later than 5 years from the date of this permission and the development shall begin not later than 5 years from the date of this permission or not later than 2 years from the approval of the last “reserved matters” to be approved.

02. The residential component of development hereby approved shall comprise no more than 110 dwellings.

Reason: To ensure that the mitigation measures negotiated as part of the scheme hereby approved are commensurate with the development as built in accordance with policies KS/CREW/1, HG3, HW1 and SS6 of the South Somerset Local Plan 2006-2028.

03. The development hereby granted permission shall not be commenced unless a written programme, showing the phasing of the development, including the relevant parts of the highway and the provision of the new Link Road and associated works; the planting of structural landscaping and delivery of the public open space; and the timings for the delivery of each phase, has been submitted to and approved in writing by the local planning authority. Such phasing shall accord with the recommendations of the Environmental Statement and its addendum, submitted in support of the application. Subsequently each of the phases shall be completed in accordance with the phasing programme unless agreed otherwise in writing by the local planning authority.

Reason: To accord with the provisions of section 91(1) of the Town and Country Planning Act 1990.

04. For each phase, or part thereof, all reserved matters shall be submitted in the form of one application to show a comprehensive and coherent scheme in accordance with the aims and objectives of the approved Masterplan and the recommendations of the Environmental Statement and its addendum submitted with this outline application.

Reason: As required by Section 92(2) of the Town and Country Planning Act 1990.

05. Prior to the submission of any application for the approval of the reserved matters a ‘Landscape and Ecological Management Strategy for the entire site shall be submitted to and approved in writing by the local planning authority. Such strategy shall be based on the Approved Masterplan and the findings and recommendations of the Environmental Statement submitted in support of this application and shall set out, on a phase by phase basis, the principles by which the impacts of the development on landscape and ecology will be managed. No trees or hedges shall be removed in advance of the agreement of the site wide Landscaping and Ecological Management Strategy.

Subsequently, each application for the approval of the reserved maters shall be accompanied by a detailed Landscape and Ecological Management Plan based on the principles agreed in the site wide Strategy for that phase, including up-to-date surveys and mitigation strategies where necessary. Once agreed such Plans shall be adhered to throughout the relevant construction phase unless agreed otherwise in writing by the local planning authority.

Reason: In the interests of visual amenity and to safeguard the ecological interest of the site in accordance with policies KS/CREW/1, EQ1, EQ2, Eq4 and EQ5 of the South Somerset Local Plan 2006-2028.

06. Prior to the submission of any application for the approval of the reserved matters a ‘Landscape Planting Strategy for the entire site shall be submitted to and approved in writing by the local planning authority. Such strategy shall be based on the Approved Masterplan and the findings and recommendations of the Environmental Statement and addendum submitted in support of this application and shall set out, on a phase by phase basis, the principles by which the landscaping, including structural planting, of the site will be guided. No trees or hedges shall be removed in advance of the agreement of the site wide Landscape Planting Strategy.

Subsequently, each application for the approval of the reserved maters shall be accompanied by a detailed Landscaping Plan based on the principles agreed in the site wide Strategy for that phase, including up-to-date surveys and mitigation strategies where necessary. Once agreed such Plans shall be adhered to throughout the relevant construction phase unless agreed otherwise in writing by the local planning authority.

07. Prior to the submission of any application for the approval of the reserved matters a Waste Management Plan setting out the principles for waste management and refuse collection throughout the site shall be submitted to and approved in writing by the local planning authority. This shall then be used as the basis for all submissions of applications for approval of reserved matters.

Reason: To ensure that the development is appropriately served by waste management strategies and refuse collection in the interests of the amenities of future residents in accordance with policy EQ2 of the South Somerset Local Plan 2008-2028.

08. Notwithstanding the details on the drawings hereby approved, prior to the commencement of the construction of the junction of the link road with the A356 details of any retaining structures, levels changes, landscaping and drainage of the junction shall be submitted to and approved in writing by the local planning authority. Once approved such details shall be fully implemented prior to the occupation of any unit unless agreed otherwise in writing by the local planning authority.

Reason: In the interests of visual amenity and highway safety in accordance with policies TA5 and EQ2 of the South Somerset Local Plan 2006-2028.

09. 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 interest of the site in accordance with policy EQ2 of the South Somerset Local Plan 2006-2028.

10. No development shall take place on any phase or part thereof, unless a Construction Environmental Management Plan (CEMP) for that part of the development has been submitted to and approved in writing by the local planning authority. Subsequent development shall be carried out in accordance with the requirements of the approved CEMP.

Reason: In the interest of the amenities of the locality in accordance with policy EQ2 of the South Somerset Local Plan 2006-2028.

11. No development hereby approved shall commence until a detailed surface water drainage schemefor the site, generally in accordance with the submitted Flood Risk Assessment has been submitted to and approved in writing by the local planning authority. Such scheme shall include measures 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

12. 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.

13. Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the local planning authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:-

1) A preliminary risk assessment which has identified:

· all previous uses,

· potential contaminants associated with those uses,

· a conceptual model of the site indicating sources, pathways and receptors,

· potentially unacceptable risks arising from contamination at the site.

2) A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

3) The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the express consent of the LPA. The scheme shall be implemented as approved.

Reason: To protect controlled waters in accordance with policy EQ7 of the South Somerset local Plan 2006-2028.

14. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, a remediation strategy detailing how this unsuspected contamination shall be dealt with. The remediation strategy shall be implemented as approved.

Reason: To protect controlled waters in accordance with policy EQ7 of the South Somerset local Plan 2006-2028.

15. Streetlighting columns shall not exceed six metres in height and shall be equipped with maximum cut-off and downlightling in accordance with details which shall be submitted to and approved in writing by the local planning authority. There shall be no variation of this height unless otherwise agreed in writing by the local planning authority.

Reason: To protect wildlife habitats, in the interests of visual amenity and to prevent light pollution in accordance with policies EQ2 and EQ4 of the South Somerset Local Plan 2006-2028.

16. 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 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 visual amenity and highways safety in accordance with Policies EQ2 and TA5 of the South Somerset Local Plan 2006-2028.

17. 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 and the amenities of future occupiers in accordance with Policies EQ2 and TA5 of the South Somerset Local Plan 2006-2028.

18. The development hereby permitted shall not be commenced (including any ground works or site clearance) until a mitigation plan or method statement detailing measures to avoid harm to slow worms, has been submitted to and approved in writing by the local planning authority. The works shall be implemented in accordance with the approved details and timing of the mitigation plan / method statement, unless otherwise approved in writing by the local planning authority.

Reason: To safeguard protected species in accordance with policy EC8 of the South Somerset Local Plan 2006-2028.

19. The development hereby permitted shall not be commenced until there has been submitted to, and approved in writing by the Local Planning Authority, details of measures for the protection of badger setts (until such time that Natural England has issued a licence permitting their closure), ecological supervision of works and update surveys for badger setts. The works shall be implemented in accordance with the approved details and timing of the approved badger sett protection measures, unless otherwise approved in writing by the local planning authority.

Reason: To safeguard protected species in accordance with policy EC8 of the South Somerset Local Plan 2006-2028.

20. No works shall be undertaken to any trees that have been identified as having potential to be used by roosting bats until a prior survey and assessment for bats has been completed in full by a licenced bat consultant, and any resulting legal requirements complied with.

Reason: To safeguard protected species in accordance with policy EC8 of the South Somerset Local Plan 2006-2028

21. No hedge nor scrub, nor any part thereof, nor any tree, shall be removed until a European Protected Species Mitigation Licence (in respect of dormouse) has been issued by Natural England and a copy thereof (i.e. confirmation) submitted to and approved by the local planning authority. Thereafter, only the sections of hedge or trees specifically identified by the licence, or by subsequent such licences, shall be removed, and shall be done so in accordance with the conditions of the relevant licence. Unless otherwise permitted in writing by the local planning authority.

Reason: To safeguard protected species in accordance with policy EC8 of the South Somerset Local Plan 2006-2028

22. Precautionary measures for minimising harm to Priority Species (Common Toad, Otter, Hedgehog) shall be undertaken as detailed in the Environment Statement, and the relevant Landscape and Ecological Management Strategy (LEMS) or Landscape and Ecological Management Plan (LEMP).

Reason: To safeguard priority species in accordance with policy EC8 of the South Somerset Local Plan 2006-2028

23. Prior to the commencement of the development hereby approved details of measures for the enhancement of biodiversity, which shall include the provision of bat and bird boxes (including provision for swallows and swifts) shall be submitted to and approved in writing by the Local Planning Authority. Once approved, such biodiversity enhancement measures shall be implemented as part of the development and maintained at all times thereafter 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.

24. Prior to the occupation of any dwelling or any industrial unit a measures only travel statement, as relates to that art of the development, shall be submitted to and approved in writing by the local planning authority. The approved measures in such travel statements(s) shall thereafter be implemented as part of the development.

Reason: To promote sustainable travel in accordance with policy TP4 of the South Somerset local Plan 2006-2028.

25. Prior to the submission of any application for the approval of the reserved matters a ‘Noise Management Strategy’ for the entire site shall be submitted to and approved in writing by the local planning authority. Such strategy shall be based on an update full noise survey of the site and shall set out, on a phase by phase basis, the principles by which the impacts of noise on the development will be mitigated. It shall also show that the development will be laid out in such a manner so as not to compromise the operation of existing users on the adjoining industrial estate.

Subsequently, each application for the approval of the reserved maters shall be accompanied by a detailed Noise Management Plan based on the principles agreed in the site wide Strategy for that phase. Once agreed such Plans shall be adhered to throughout the relevant construction phase unless agreed otherwise in writing by the local planning authority.

Reason: In the interests of residential amenity in accordance with policies EQ2 and EQ7 of the South Somerset local Plan 2006-2028.

Informative

01. The health and safety of the public using the footpaths must be taken into consideration during works to carry out the proposed development. Somerset County Council (SCC) has maintenance responsibilities for the surface of the footpaths, but only to a standard suitable for pedestrians. SCC will not be responsible for putting right any damage occurring to the surface of the footpaths resulting from vehicular use during or after works to carry out the proposal. It should be noted that it is an offence to drive a vehicle along a footpath unless the driver has lawful authority (private rights) to do so.

(Voting: unanimous in favour)

Supporting documents: