Agenda item

(Having earlier declared a Personal and Prejudicial Interest Councillors Peter Gubbins and John Clark left the room during consideration of this item).

The Planning Officer presented the application as detailed in the agenda and with the aid of a powerpoint presentation showed the site and proposed plans.  He updated members that recommendation ‘b’ be amended to read provision of up to ‘14’ houses and not ‘20’ as detailed on page 70 of the agenda report.

He confirmed that as detailed in the agenda report the previous application for 20 dwellings was dismissed at appeal on only two reasons; 1 – proposal did not contribute to the identified housing need of the local area and did not have support of the local community; 2. – Significant impact to the landscape and surrounding views.  He confirmed the other reasons for refusal were not upheld and costs were awarded against the Council.

The Planning officer also explained that the scheme would provide 5 affordable housing including a bespoke disabled bungalow.  Also it is proposed to include a local preference clause for people in the parish and confirmed that the proposal was to include all bungalows on the site.

In conclusion the Planning Officer believed that the main consideration for members was the impact on the surrounding landscape and the lack of community engagement.  He considered that all other outstanding issues had been addressed and could be controlled by planning condition or planning obligation.   His recommendation therefore was to approve the application subject to the conditions as set out in the agenda report. 

In response to members’ questions the Planning Officer confirmed that:

·         This was an outline application and that no garages had been proposed within this scheme.

·         It is usual that the Parish Council can take on the management of the open spaces under a Section 106 Planning Agreement.

Mr Barry Hartley representative from East Coker Parish Council addressed the committee stating that planning permission had been refused on this site for over a period of twenty years and was not supported by the local community.  He believed there to be a low level of housing need in the area and that the 5 year land supply carried little weight as was forever changing.  He said that 80 houses had recently been approved at Bunford Hollow and that this site was not appropriate for housing development.

Mr Nick Whitsun- Jones spoke of behalf of the CPRE (Campaign to Protect Rural England).  He raised concern regarding the Applicant’s failure to comply with Policy SS2 to submit a Statement of Community Involvement (SCI) therefore believing a lack of community involvement.  He recognised SSDC as not having a five year housing land supply but believed that Policy SS2 was considered to be more than a housing supply policy and the assessment of Policy SS2 should be followed in its entirety.

Caroline Field spoke in objection to the application. She believed the proposal was outside the development area and that all previous applications had been refused on this site.  She referred to the lack of community involvement and engagement with the locals and believed the scheme would have an adverse effect of the surrounding landscape and the views from Coker ridge.  She believed there were a lack of necessary facilities in East Coker and that additional development in the village is not needed referring to the Keyford site already allocated in the local plan within the area.

Keith Fitzsimons also spoke in objection to the application. He reinforced the concern regarding the visual impact from Coker ridge and believed the site to be clearly a visible extension to the village.

Matt Frost, the agent also addressed the committee. He said significant improvements had been made to the proposal including the reduction of 19 dwellings to 14 and proposed as all single storey.  He said the application was supported by a Visual Impact Assessment and believed it would not have a significant impact on the landscape and surrounding character of the area.  He confirmed that five bungalows would be affordable housing which would help meet the local need and aspirations of the neighbourhood plan and that the scheme would contribute towards the five year housing land supply.

In response to comments made, the Area South Lead officer and Planning Officer confirmed that:

·         Landscape issues mitigated by fewer dwellings that are all single storey with the addition of a proposed landscape buffer.

·         Condition imposed to ensure single storey dwellings on site with the landscape buffer being secured by a Planning agreement.

·         Actively SSDC encourage and ask applicants to speak and consult with the local community, however ultimately we cannot legally impose this matter and advised that it would not be upheld at appeal.

Councillor Gina Seaton, Ward member believed the need to keep the historic and heritage area intact. She referred to the Planning Inspector comments regarding the impact on the surrounding landscape and the lack of community engagement.  She emphasised that planning permission had been refused on the site several times before and the significant impact it would have on the surrounding views and countryside.  She noted the lack of community facilities within the village and believed the site to be unsustainable.   

Councillor Cathy Bakewell, Ward member referred to her concern regarding highway safety at the previous application but noted the support of the Highways authority and the other issues which had been dismissed at appeal.   She appreciated the need for housing in the village and the proposal for bungalows on the site and believed that identifying housing need was necessary in order to enhance and maintain the sustainability of the village. 

During member’s discussion, several points were raised including:

·         Benefits secured outweigh the lack of community support.

·         Identified housing need for both the young and old.

·         Appreciate the principles for sustainable development and therefore considered the site to be acceptable.

·         Suitable choice for bungalows on site with 5 dwellings of affordable housing.

·         Believed the concern regarding impact on the local landscape and community involvement had not been mitigated.

It was then proposed and subsequently seconded that planning permission be granted as per the officers recommendation as set out in the agenda report.  On being put to the vote this was carried by 9 votes in favour, 3 against and 1 abstention.

RESOLVED:

That application 15/05325/OUT be granted for the following reason, subject to:

(a)        The prior 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:-

i)          Secure a contribution of £5,357 per dwelling towards the increased demand for outdoor playing space, sport and recreation facilities;

ii)         Ensure at least 35% of the dwellings (5 dwellings) are affordable with a tenure split of 67:33 in favour of rented accommodation over other intermediate types.

To include the provision of a bespoke unit for specific needs due to disability - 1 x 3bed bungalow (6 person).

To also secure a local preference clause for eligible persons, typically with a connection to the parish (currently resident, family, work)

                        To include the following cascade for the ‘local preference’ clause:

1.    The target parish of East Coker, then

2.    ‘Doughnut’ ring of adjacent parishes; Closworth, West Coker, Barwick and Stoford, Hardington Mandeville, then finally

3.    Resident of South Somerset

4.    Beyond South Somerset

iii)         To define and secure the development area, the strategic landscaping and open space (and its future maintenance), and the building free zone as detailed in the email and plan (3353/005) received on 5 February 2015.

(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. 

Notwithstanding the local concerns, the provision of up to 20 dwellings in this sustainable location would contribute to the council's housing supply without demonstrable harm to archaeology, residential amenity, highway safety, ecology or visual amenity, and without compromising the provision of services and facilities in the settlement. As such the scheme is considered to comply with polices SS2, SS4, SS5, SS6, HG3, HG5, TA1, TA5, TA6, HW1, EQ2, EQ3, EQ4 and EQ5 of the South Somerset Local Plan and the aims and objectives of the NPPF.

SUBJECT TO THE FOLLOWING CONDITIONS:

01.          Details of the appearance, landscaping and layout (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 no 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 in accordance with the following approved plans: 3353/002 and 3353/004B received 27 November 2015 and amended drawing 3353/003A received 5 February 2016.

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

04.          The application for approval of the reserved matters shall include details of the finished floor levels and resulting ridge heights of the buildings to be erected on the site.

Reason: In the interests of the visual and residential amenity of the area, in accordance with policies EQ2 of the South Somerset Local Plan (2006-2028).

05.          The residential development hereby approved shall comprise no more than 14 single storey dwellings.

Reason: To ensure that the level and density of development is appropriate to the location, considering the open space and strategic landscaping requirements in accordance with EQ2 of the adopted South Somerset Local Plan (2006 - 2028).

06.          The landscaping/planting scheme shown on the submitted amended plan 3353/003A received on 5 February 2016 shall be completely carried out within the first available planting season from the date of commencement of the development.

For a period of twenty years after the completion of the planting scheme, the trees and shrubs shall be protected and maintained in a healthy weed free condition to the satisfaction of the Local Planning Authority and any trees or shrubs that cease to grow, shall be replaced by trees or shrubs of similar size and species or other appropriate trees or shrubs as may be approved in writing by the Local Planning Authority.

Reason: To ensure that the proposed development makes a satisfactory contribution to the preservation and enhancement of the local character and distinctiveness of the area in accordance with Policy EQ2 of the adopted South Somerset Local (2006- 2028).

07.          Prior to commencement of this planning permission, site vegetation clearance, demolition of existing structures, ground-works, heavy-machinery entering site or the on-site storage of materials, an Arboricultural Method Statement and a Tree and Hedgerow Protection Plan shall be prepared in accordance with British Standard 5837: 2012 - Trees in relation to design, demolition and construction and these details shall be submitted to the Council. On approval of the tree and hedgerow protection details by the Council in-writing, a site-meeting between the appointed Arboricultural Consultant, the Site Manager and the Council's Tree Officer (Phil Poulton: 01935 462670 or 07968 428026) shall be arranged at a mutually convenient time.  The locations and suitability of the tree and hedgerow protection measures (specifically the fencing & signage) shall be inspected by the Tree Officer and confirmed in-writing by the Council to be satisfactory prior to commencement of the development.  The approved tree and hedgerow protection requirements shall remain implemented in their entirety for the duration of the construction of the development and the protective fencing & signage may only be moved or dismantled with the prior consent of the Council in-writing.

Reason: To preserve the health, structure and amenity value of existing landscape features (trees and hedgerows) in accordance with the Council's statutory duties relating to The Town & Country Planning Act, 1990 (as amended) and the following policies as stated within The South Somerset Local Plan (2006 - 2028); EQ2: General Development, EQ4: Bio-Diversity & EQ5: Green Infrastructure.

08.          No works shall be undertaken unless 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: In the interest of archaeology in accordance with Policy EQ3 of the adopted South Somerset Local Plan (2006 - 2028).

09.          No works shall be undertaken (including any ground works or site clearance) unless a 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 method statement, unless otherwise approved in writing by the Local Planning Authority.

Reason: For the protection of a legally protected species to accord with policy EQ4 of the South Somerset Local Plan (2006 - 2028), and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended).

10.          No development shall be commenced until details of the surface water drainage scheme based on sustainable drainage principles together with a programme of implementation and maintenance for the lifetime of the development have been submitted to and approved by the Local Planning Authority.  The drainage strategy shall ensure that surface water runoff post development is attenuated on site and discharged at a rate no greater than greenfield runoff rates.  Such works shall be carried out in accordance with the approved details.

These details shall include: -

o          Details of phasing (where appropriate) and information of maintenance of drainage systems during construction of this and any other subsequent phases.

o          Information about the design storm period and intensity, discharge rates and volumes (both pre and post development), temporary storage facilities, means of access for maintenance (6 metres minimum), the methods employed to delay and control surface water discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters.

o          Any works required off site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing culverts and     headwalls or removal of unused culverts where relevant).

o          Flood water exceedance routes both on and off site, note, no part of the site must be allowed to flood during any storm duration unless it has been specifically designed to do so.

o          A management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by an appropriate public body or statutory undertaker, management             company or maintenance by a Residents' Management Company and / or any other arrangements to secure the operation and maintenance to an approved standard and working condition throughout the lifetime of the development

Reason: To ensure that the development is served by a satisfactory system of surface water drainage and that the approved system is retained, managed and maintained in accordance with the approved details throughout the lifetime of the development, in accordance with paragraph 17 and 103 and sections 10 and 11 of the National Planning Policy Framework and the Technical Guidance to the National Planning Policy Framework (March 2015).

11.          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 highway safety in accordance with Policy TA5 of the adopted South Somerset Local Plan (2006 - 2028).

12.          The development hereby permitted shall not be occupied until parking spaces for the proposed dwellings in line with the SCC Countywide Parking Policy have been provided in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority. In addition as well a properly consolidated and surfaced turning space for vehicles have been provided and constructed within the site. Such parking and turning spaces shall be kept clear of obstruction at all times.

Reason: In the interests of highway safety in accordance with Policies TA5 and TA6 of the South Somerset Local Plan (2006 - 2028).

13.          No works shall be undertaken unless detailed plans have been submitted to and approved in writing by the Local Planning Authority (in conjunction with the local highway authority) relating to line, level and layout of the proposed alterations to Long Furlong Lane (as shown generally in accordance with the submitted plans) including its means of construction and surface water drainage. The approved access road improvements shall be laid out constructed in accordance with the requirements of a Section 278 Agreement under the provisions of the Highway Act 1980 and completed in their entirety to the LPA's written satisfaction prior to any work commencing on any dwelling hereby approved.

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

14.          No works shall be undertaken unless a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority (in consultation with Somerset County Council). The plan shall include construction vehicle movements, construction operation hours, construction vehicular routes to and from site, construction delivery hours, expected number of construction vehicles per day, car parking for contractors, specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice. The development shall be carried out strictly in accordance with the approved Construction Management Plan.

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

15.          The application for approval of the reserved matters shall include a strategy for the storage and collection of domestic recycling and refuse. Such a scheme shall include the locations of collection points (communal if necessary) and access routes thereto. 

Reason: To promote sustainable construction as advocated by the National Planning Policy Framework.

Informatives:

01.          You are reminded that the County Highway Authority have requested 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 will have to be remedied by the developer to the satisfaction of the Highway Authority once all works have been completed on site.

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

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

(voting: 9 in favour, 3 against, 1 abstention)