Agenda item

The Area South Lead Officer presented the application as detailed in the agenda and with the aid of a powerpoint showed the site and proposed plans.  He explained to members that this was a revised application following the previous application of 15 dwellings currently at appeal.  He also updated members that:

·         An amendment be made to the actual composition of dwellings as set out on page 29 of the agenda report. This should be made up of 7 x 4 bed houses, 1 x 3 bed house, 1 x 2 bed house and 1 x 2 bed bungalow.

·         Letter received from Hardington Mandeville Parish Council requesting the addition of extra drainage on site to aid surface water drainage of the site. 

·         Highways comments had been received relating to the internal road layout of site.

·         Local Flood Authority had yet to respond, however the proposed drainage scheme is exactly the same as that which formed part of the last refused application and no objections had been raised.

·         Revision of condition 2 to omit the 5 bed units.

The Area South Lead Officer referred to the key considerations which included:

·         Principle – Policy SS2 vs lack of 5 year land supply.  Material considerations and the Planning Balance.

·         Impact upon visual and residential amenity, ecology, heritage, highways and drainage.

·         Planning Gain

In conclusion the Area South Lead Officer considered that all other outstanding issues could be controlled by planning condition or planning obligation and therefore his proposal was to approve the application subject to the conditions as set out in the agenda report with the amendment to condition 2.

Mr Ernest Kong, Hardington Mandeville Parish Council Representative then addressed the committee.  He confirmed the Parish Council were in support of the application as the number of dwellings was more suitable for the size of the site and the type of housing proposed met the identified needs of the village. He voiced concern regarding the priority road markings and that priority should not be given to the estate traffic.

Mr Richard Leach a local resident requested that condition be imposed regarding the road surface materials to be used and also requested that priority should not be given to the estate traffic. He also believed there would be considerable impact on the traffic at the construction phase and that the timing of the consultation period with local residents was not ideal as carried out over the Christmas holiday period. 

Mr Keith Dack a local resident appreciated that the developer had listened to local residents but still raised concern regarding traffic safety within Moor lane as this was a single track road where increase in traffic could be a danger to pedestrians.  He asked that construction traffic be diverted through the neighbouring farmland.

Dan Trundle, the Agent also addressed the committee. He explained they had worked closely with officers and guided by the local residents had produced a scheme that was acceptable within the scale and character of the surroundings.   It included the required housing need incorporating two bungalows and a further two dwellings with the option of the governments ‘Right to Buy’ scheme.  They would look to investigate further the Parish Council request for extra drainage and that financial contribution had been secured toward local facilities.

Councillor Cathy Bakewell, Ward member also expressed her wish that priority should not be given to the estate traffic.  She was disappointed that there were no proposed affordable rentable properties but appreciated the option of the ‘Right to Buy’ scheme.  She felt the site was currently an eyesore and supported the redevelopment of the site in this format.

Councillor Gina Seaton, Ward member supported the redevelopment of the site and was pleased with the new proposal of ten dwellings.  She believed the passing place had been removed to protect the lane and was please that off-site play contributions had been made.

In response to comments made, the Area South Lead Officer explained that SSDC consultation on the planning application had exceeded that normally required.  He appreciated the comments made regarding the priority road markings and confirmed the application did not include the widening of the lane or the inclusion of a passing place. He also clarified that the Government scheme being offered was ‘Help to Buy’ not ‘Right to Buy’ and Help to Buy is not defined as affordable housing. 

During a short debate members expressed their support for the new revised scheme and considered the proposal acceptable for the location, and the type of housing proposed met the identified needs of the village. 

It was then proposed and subsequently seconded that planning permission be granted as per the officers recommendation as set out in the agenda report and with the amendment to Condition 2.  On being put to the vote this was carried unanimously.

RESOLVED:

That application 15/05598/FUL be granted for the following reason, subject to:

(a)        the prior completion of a section 106 planning obligation (in a form acceptable to the Council's solicitor(s))             before the decision notice granting planning permission is issued, the said planning obligation to cover the       following:

(i)Community, Heath Service and Leisure contributions towards outdoor playing space, sport and recreation facilities (as detailed in the consultations section of this report)

(b)        the imposition of the planning conditions set out below on the grant of planning permission.

The Council cannot currently demonstrate a five year housing land supply and there are no adverse impacts of granting permission that would significantly and demonstrably outweigh the benefits when assessed against the policies in the National Planning Policy Framework when taken as a whole.

The proposal seeks to provide housing in a rural settlement, in a manner that is commensurate to the scale and character of the area and would increase the sustainability of the settlement generally. 

The proposal maintains landscape character, safeguards the setting of adjacent listed buildings, includes ecological mitigation, achieves a safe means of highway access and solves existing drainage issues, in accordance with the aims of objectives of the National Planning Policy Framework, policies SD1, SS1, SS2, SS4, SS5, SS6, HG3, HG5, TA1, TA4, TA5, TA6, HW1, EQ2, EQ3, EQ4 and EQ7 of the South Somerset Local Plan (adopted April 2006) and with reference to the Somerset County Council Parking Strategy (March 2012), the Hardington Mandeville - Parish Plan (2008-2012) and the Hardington Mandeville Village Design Statement (1999).

SUBJECT TO THE FOLLOWING CONDITIONS:

01.       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:

            a)         Location Plan, Drawing No. 1563-A-P-X-01

            b)         Proposed Site Layout, Drawing No. 1563-A-P-X-02 RevJ

            c)         Plot 1 - Drawing No. 1563-A-PE-X-13 RevB

            d)         Plot 2 - Drawing No. 1563-A-PE-X-08 RevC

            e)         Plot 3 - Drawing No. 1563-A-PE-X-09 RevD

            f)          Plots 4 and 5 - Drawing No.1563-A-PE-X-06 RevC

            g)         Plots 6, 8 and 9 - Drawing No. 1563-A-PE-X-14 RevB

            h)         Plot 7 - Drawing No. 1563-A-PE-X-15 RevA

            i)          Plot 10 - Drawing No. 1563-A-PE-X-10 RevD

            j)          Typical Garages - Drawing No. 1563-A-PE-X-11 RevD

            k)         Materials Plan, Drawing No. C-3-101

            l)          Boundaries Plan, Drawing No.102

            m)        Details Location, Drawing No.103

            n)         Typical Stone Wall Detail, Drawing No. C_3_400 RevA

            o)         Permeable Block Paving Detail, drawing No. C_3_402

            p)         Entrance Path Detail, Drawing No. C_3_404 RevA

            q)         Close-Board Fence Detail, Drawing No. C_3_405

            r)          Rendered Wall Detail, Drawing No. C-3_406

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

03.       Save for demolition, no works shall be carried out unless the following details have been submitted to and approved in writing by the Local Planning Authority:

            a)         specific materials to be used for the external walls and roofs:

            b)         materials to be used for rainwater goods and window dressings (lintels, cills);

c)         the design (including joinery details where appropriate), type of material, plus proposed colour and finish of all windows and doors plus recesses:

            d)         details of eaves/verges;

            e)         location and design details of all vents, flues and meter boxes; and

            g)         the specific surfacing materials of all areas of hardstanding, incl. driveways.

            Once agreed the scheme shall be carried out in accordance with those details unless further agreement is reached with the Local Planning Authority.

            Reason: To maintain the character and appearance of the area to accord with policy EQ2 of the South Somerset Local Plan (2006-2028).

04.       Save for demolition, no work shall be carried out on site unless full details of the new natural stonework walls, including the materials, coursing, bonding, mortar profile, colour, and texture along with a written detail of the mortar mix, have been be provided in writing; this can be supported with detailed photographs. Prior to the commencement of any walling within the works hereby approved sample panels shall be made available on site and approved in writing by the Local Planning Authority. The work shall be carried out in accordance with the agreed details, and the sample panels shall remain available for inspection throughout the duration of the work.

            Reason: To maintain the character and appearance of the area to accord with policy EQ2 of the South Somerset Local Plan (2006-2028).

05.       Save for demolition, no works shall be carried out until details of the internal ground floor levels of the buildings to be erected on the site shall be submitted to and approved in writing by the Local Planning Authority.

            Reason: To maintain the character and appearance of the area to accord with policy EQ2 of the South Somerset Local Plan (2006-2028).

06.       Save for demolition, no works shall be carried out until a scheme for the foul and land/surface water drainage of the site has been submitted to and approved in writing by the Local Planning Authority and such approved drainage details shall be completed and become fully operational before the development hereby permitted is first brought into use. Following its installation such approved scheme shall be permanently retained and maintained thereafter.

            Reason: To afford the site proper drainage with the National Planning Policy Framework.

07.       Save for demolition, no 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), shall take place until a scheme that includes the following components 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:

            a)         A preliminary risk assessment which has identified:

                                    i.          all previous uses

                                    ii.          potential contaminants associated with those uses

                        iii.         a conceptual model of the site indicating sources, pathways and receptors potentially unacceptable risks arising from contamination at the site.

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

c)         The results of the site investigation and detailed risk assessment referred to in (b) 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.

d)         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 (c) 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 written consent of the Local Planning Authority. The scheme shall be implemented as approved.

            Reason: The National Planning Policy Framework paragraph 109 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution.

08.       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 a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the Local Planning Authority. The remediation strategy shall be implemented as approved.

            Reason: The National Planning Policy Framework paragraph 109 states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution.

09.       The development (particularly including any site clearance) shall not commence until a 'Biodiversity Mitigation and Enhancement Plan' has been submitted to, and approved in writing by the local planning authority.  The plan shall include details of provisions for further wildlife surveys, and avoidance, mitigation and compensation measures for badgers, reptiles, bats, dormice and nesting birds, measures for ecological supervision of sensitive stages of development, and measures for the enhancement of biodiversity. The Biodiversity Mitigation and Enhancement Plan shall be implemented in full, unless otherwise agreed in writing by the Local Planning Authority.

            Reason: For the protection and conservation of protected and 'priority species' in accordance policy EQ4 of the South Somerset Local Plan (2006-2028), NPPF, and to ensure compliance with the Wildlife and Countryside Act 1981 and the Habitats Regulations 2010, and for the enhancement of biodiversity in accordance with NPPF.

10.       Prior to the first occupation of either Units 9 or 10 an acoustic barrier shall be installed along the northern boundary. The exact location, specification, and finished height of the barrier shall have been previously submitted to and approved in writing by the Local Planning Authority.

            Reason: To maintain residential amenity from potential odour and noise from the adjoining farm complex to accord with policy EQ2 of the South Somerset Local Plan (2006-2028).

11.       Save for demolition, no works shall be carried out until a scheme has been submitted detailing the following tree protection and planting details:

            a)         a comprehensive tree and hedge planting scheme

            b)         a layout plan of the below-ground drainage & services to be installed;

            c)         a Tree Survey, Tree Protection Plan and Arboricultural Method Statement relating to all retained trees and hedges on or adjoining the site, so as to conform to British Standard 5837: 2005 - Trees in relation to construction; which shall include:

                                    i. a layout and specification of tree and hedge protection fencing

                                    ii.          special protection and engineering measures for required access, installation of built structures, below-ground services, drainage and hard-surfacing within the Root Protection Areas of retained trees

                                    iii.         a schedule of compliance-monitoring for the duration of the construction phases of the             development (inclusive of landscaping & dismantling of tree protection fencing)

            All planting comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of any dwelling or the completion of the development, whichever is the sooner; and any trees or plants which within a period of twenty 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.

            Upon approval by the Local Planning Authority, the tree protection scheme shall be implemented in its entirety for both the duration of the construction of the development.

            Reason: To integrate the development into its environs, build on local character and preserve the health, structure and amenity value of retained trees to comply with the National Planning Policy Framework. 

12.       There shall be no public street lighting installed, unless the Local Planning Authority agrees to any variation.

            Reason: To protect bat foraging routes and to maintain the rural distinctiveness of Hardington Moor in accordance with policies SS2, EQ2 and EQ4 of the South Somerset Local Plan (2006-2028).

13.       Construction works (including the operation of any machinery) and the delivery or dispatching of any construction materials, shall not take place outside 0830 hours to 1800 hours Mondays to Fridays, and 0830 hours to 1300 hours on Saturdays but not at any time on Sundays, Bank or Public Holidays.

            Reason: In the interests of residential amenity to accord with policy EQ2 of the South Somerset Local Plan (2006-2028).

14.       No part of the development hereby permitted shall be occupied until the access arrangements/carriageway realignment have been carried out in accordance with a design and specification to be approved in writing by the Local Planning Authority and to be fully implemented in accordance with the approved details, unless otherwise agreed in writing with the Local Planning Authority.

            Reason: In the interests of highway safety to accord with policy TA5 of the South Somerset Local Plan (2006-2028).

15.       The areas allocated for parking and turning on the submitted plan, Drawing No. 1563-A-P-X-02 RevH, 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. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order) the garages hereby approved shall not be used other than for the domestic and private needs of the occupier and shall not be converted to habitable accommodation with the prior grant of planning permission. 

            Reason: In the interests of highway safety and to maintain on-site parking levels and turning provision to accord with policy TA5 of the South Somerset Local Plan (2006-2028).

16.       Prior to the commencement of development, including demolition, a Construction Traffic Management Plan providing details on the delivery of the materials and equipment to the site; compound parking area; shall be submitted to and approved in writing by the Local Planning Authority (and Local Highway Authority) and fully implemented in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

            Reason: In the interests of highway safety and residential amenity to accord with policy EQ2 of the South Somerset Local Plan (2006-2028).

Informatives:

01.       In respect of Condition 09, the Biodiversity Mitigation and Enhancement Plan should include detailed proposals that are likely to be based upon the outline recommendations given in the 'Conservation Action Statement' in Appendix 7 of the 'Ecological Appraisal Report' (Acorn Ecology Ltd, November 2014).

02.       The applicant is advised to contact the Highway Authority well in advance of commencement of development to progress a suitable legal agreement to secure the construction of the highways works necessary as part of this development.

03.       The applicant is advised that Section 59 of the Highways Act 1980 allows the Highway Authority to recover certain expenses incurred in maintaining highways, where the average cost of maintenance has increased by excessive use. This is stated with specific reference to Moor Lane during the construction period.

04.       You are reminded of the Section 106 that accompanies this application.

(voting: unanimous)