Agenda item

15/00763/FUL - Land off Stone Lane, Yeovil

Meeting of Area South Committee, Wednesday 6th April 2016 2.00 pm (Item 144.)

Minutes:

The Development Manager presented the application as detailed in the agenda and with the aid of a power point presentation showed the site and proposed plans.

He explained to members that this application was approved at the April 2015 Area South Committee subject to the Section 106 Legal Agreement. He explained that following the resolution to grant permission the viability of the scheme has been raised and following information provided by the applicant and figures assessed by the District Value this application is brought back to Area South for a new resolution.

In response to members’ questions, the Development Manager explained:

· The Highway Authority raised no requirement for this application and therefore cannot impose any financial contribution for this purpose.

· Due to the unpredictable housing market conditions and the Authority’s approach to encourage housing development to come forward, it is suggested that the insertion of a review mechanism which allows for any improvement in market conditions should a surplus or large profit be made by the proposal. This was usual standard procedure should any revision be made to a Section 106 Legal agreement.

· Clarified that the Community building to be completed upon occupation of 15 units and not 30% of occupation as previously agreed.

· The Strategic Housing team will be charged with the investment of the affordable housing off-site contribution, however noted concern that money be intended specifically for bungalows.

· The age restriction of 55+ was considered acceptable which gave additional flexibility to the development. It was noted the applicant was not concerned either way in this case.

Iris Coton from Yeovil Without Parish Council spoke in support of the application. She said the Parish Council were in support of the application and revised resolution and that there was a genuine need within the parish and town for this type of development. She believed the age restriction of 55+ was a sensible idea and supported the proposed off-site contribution for affordable housing.

Mr Peter Concannon then addressed the committee. As a local resident he considered the application to be an excellent scheme and questioned the need for the applicant to contribute toward off-site affordable housing when he had already offered up his land for this development. He also supported the revised 55+ age restriction.

Matt Frost, the agent addressed the committee. He supported the recommendation and revision to the Section 106 Legal agreement and believed that due to the specialist characteristics of the development it would be unsuited to on-site affordable housing and hoped that members support this application with the revisions proposed.

Councillor Mike Lock, Ward member believed the applicant had produced an excellent scheme in a great location and supported the revised resolution.

During a short debate, members discussed the 55+ age restriction and a proposal was made and seconded to amend the recommendation to change the restriction on age to 60+. On being put to the vote this was lost by 4 votes in favour, 11 against and 0 abstentions.

There being no further discussion, is was then proposed and subsequently seconded to approve the application as per the officers recommendation as set out in the agenda report. On being put to the vote this was carried unanimously.

RESOLVED:

That application 15/00763/FUL be approved 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 ensure that:-

1) Restriction on age (55+)

2) Sports, Arts and Leisure (£3,000 towards enhanced playing pitches and / or changing rooms in Yeovil)

3) Affordable Housing (£224,853 off-site contribution)

4) Maintenance of open space

5) Community building to be completed upon 30% of occupations

A review mechanism to be included in the Section 106 to allow the outcome of the sales of the implemented scheme be examined.

and

b) the conditions previously agreed by the Area South Committee in April 2015 as detailed below:

Conditions

1) 3 Yr Time Limit

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.

2) Submitted plans and subsequent amended plans

The development hereby permitted shall be carried out in accordance with the following approved plans: drawings 3374/001, 3374/004, 3374/005, 3374/006, 3374/007, 3374/008, 3374/009, 3374/010, 3374/011, 14888/T03, 14888/T04 and JS/Longcroft/010314-001A all received 11 February 2015 and amended drawings 3374/002A, 3374/003A, 3374/012, Tree Protection Plan (TPP Longcroft) and STL_005 rev B all received 31 March 2015 .

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

3) Details of retaining walls Details of materials especially cladding, stone, coursing and mortar mix and render colour and finish

No works shall be undertaken unless particulars of the following have been submitted to and approved in writing by the Local Planning Authority;

details of materials (including the provision of samples where appropriate) to be used for the external walls and roofs;
a sample panel, to be prepared for inspection on site, to show the mortar mix and coursing of the external walls;
details of the recessing, materials and finish (including the provision of samples where appropriate) to be used for all new windows (including any rooflights) and doors;
details of all hardstanding and boundaries
details of the rainwater goods and eaves and fascia details and treatment.
details of retaining walls.

On approved such details shall be fully implemented unless agreed otherwise in writing by the Local Planning Authority.

Reason: To safeguard the character and appearance of the area in accordance with Policy EQ2 of the adopted South Somerset Local Plan (2006 - 2028)

4) Landscaping

(i) No works shall be undertaken unless a landscaping scheme, which shall include details of the species, siting and numbers to be planted, shall be submitted to and approved in writing by the Local Planning Authority.

(ii) The scheme shall be completely carried out within the first available planting season from the date of commencement of the development, or as otherwise extended with the agreement in writing of the Local Planning Authority.

(iii) For a period of five years after the completion of the planting scheme, the trees and shrubs shall be protected and maintained and any trees or shrubs that cease to grow shall be replaced by trees or shrubs of similar size and species, or the 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 Plan (2006-2028).

5) Archaeology

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: To safeguard any archaeological interests on the site in accordance with Paragraph 128 of the NPPF.

6) Ecological Management Plan

The development (including any site clearance) shall not commence until a ‘Construction Ecological Management Plan’ has been submitted to, and approved in writing by the local planning authority. The plan shall include details of provisions for any further wildlife surveys that may be appropriate, avoidance, mitigation and compensation measures for protected species, measures for ecological supervision of sensitive stages of construction, and details for the incorporation of features for the enhancement of biodiversity. The Construction Ecological Management Plan shall be implemented in full, unless otherwise agreed in writing by the local planning authority.

Reason: For the protection and conservation of biodiversity and legally protected species in accordance Policy EQ4 of the adopted South Somerset Local Plan (2006-2028), 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.

7) Surface water drainage scheme - EA

No works shall be undertaken unless a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. The drainage strategy should demonstrate the surface water run-off generated up to and including the 1 in 100 critical storm an allowance for climate change, will not exceed the run-off from the undeveloped site following the corresponding rainfall event. In addition detailed information on the attenuation pond in reducing its attractiveness for wildlife shall be provided. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

Reason: To prevent the increased risk of flooding, both on and off site and in the interests of aviation safety in accordance with Policy EQ1 of the South Somerset Local Plan and the aims and objectives of the NPPF.

8) Management of agreed drainage scheme

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 prevent the increased risk of flooding, both on and off site in accordance with Policy EQ1 of the South Somerset Local Plan and the aims and objectives of the NPPF.

9) Tree Protection Plan

Prior to implementation of this consent, ground-works, heavy machinery entering site or the on-site storage of materials, a scheme of tree protection measures based upon the submitted Tree Protection Plan relating to the protected trees on the site shall be submitted to and agreed in writing with the Council and it will include the following details:

- A specification relating to the installation of a permeable, anti-compaction cellular confinement system to construct the proposed access driveway and parking areas where it lies within the Root Protection Areas of the adjoining protected trees;

- rigidly-braced HERAS tree protection fencing;

- notwithstanding the agreed construction of the specially engineered driveway and parking areas, a commitment to avoiding machinery movements, ground-works, amendments to the soil (including rotavating & additions to soil-grade), the storage of materials, the mixing and discharge of cement liquids, the lighting of fires & the installation of below-ground services (including drainage & soak-aways) within the Root Protection Areas of the adjoining protected trees;

Upon approval by the Council, the measures specified within the agreed scheme of tree protection measures, shall be implemented in their entirety for the duration of the construction of the development, inclusive of landscaping measures.

Reason: To preserve the health, structure and amenity value of existing landscape features (trees) in accordance with the objectives within Policies EQ2 and EQ5 of the adopted South Somerset Local Plan (2006 - 2028).

10) Levels

No works shall be undertaken unless details of the internal ground floor levels of the buildings to be erected on the site have been submitted to and approved in writing by the Local Planning Authority.

Reason: In order to achieve a satisfactory form of development in the interests of visual and residential amenity and further to Policy EQ2 of the adopted South Somerset Local Plan (2006 - 2028).

11 ) Lighting

No works shall be undertaken unless details of a street lighting scheme has been submitted to and agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the agreed details and no additional street lights installed without the written agreement of the Local Planning Authority.

Reason: In the interests of visual amenity in accordance with Policy EQ2 of the adopted South Somerset Local Plan (2006 - 2028).

12) Cemp - especially lorries entering site. Deliveries. Working hours

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 and residential amenity in accordance with Policies TA5 and EQ2 of the adopted South Somerset Local Plan (2006 - 2028).

13) Highways

No dwelling hereby approved shall be occupied unless the pedestrian build out has been fully constructed in accordance with the details shown in drawing 14888/T04.

Reason: In the interests of pedestrian safety and to encourage walking in accordance with Policy TA5 of the adopted South Somerset Local Plan (2006 - 2028).

14) Highways conditions as suggested by CHA.

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.