Agenda item

The Area Lead Officer presented the application as detailed in the agenda and with the aid of a power point presentation showed the site and proposed plans.  He noted a further objection had been received regarding the traffic problems associated in Forest Hill and the implications to the bus stop and on-site parking.

He explained that this was a revised application following the withdrawal of a previous application and that this proposal was of smaller size, layout had been improved by providing a turning area for delivery vans and more justification had been supplied for the need of a new pharmacy. The recommendation was therefore for approval as it was felt on balance there were benefits to the proposal.

Valerie Muir, Wendy Hunt, Mr T Burlinson, David Staddon and Ray Fraser all members of the public then addressed the committee and spoke in objection to the application.  Various comments were made including:

·         Concern regarding traffic safety and the increase in vehicles in what is already a busy and hazardous junction between Forest Hill and West Coker Road.

·         Lack of parking on site and people likely to park on the road.

·         Concern regarding the turning on site which can only be achieved with difficulty.

·         Just moves existing traffic problem from Sandhurst Road to Forest Hill.

·         Concern over the existing bus stop located near the proposed entrance and the school bus stop which picks up/drops off school children both in the morning and afternoon.

·         Forest Hill is a residential area and therefore not an appropriate location for a pharmacy.

·         Visual impact on the area and surrounding properties.

·         A brand new pharmacy has recently been built at Hendford Lodge Medical Centre and Tesco Pharmacy as both located less than a mile away.

·         Concern regarding the recent cutbacks and requirements as issued from the General Pharmaceutical Council.  Is there a real need?

·         Covenant on 48 West Coker Road indicating that the property should be for residential use only.

Mike Bellamy, the applicants Highway Consultant then addressed the committee.  He believed the proposed new pharmacy would serve the community with no significant increase in the traffic network.  He considered the new proposed access was far superior to that of the current site located on Sandhurst Road, staff parking would be provided in the curtilage of no 48 West Coker Road and that it was not uncommon for bus stops to be located near access and other junctions. He confirmed the pharmacy would not open before 9.00am therefore having no conflict with waiting children and the proposal was consistent with the Traffic Policy of the National Planning Policy Framework (NPPF).

Mr Max Punni, the applicant addressed the committee.  He said his current premises were too small and unable to expand and therefore in order to serve the community and provide a safe, confidential and secure service for the aging population this was his only option.  He confirmed his intention was to close the current pharmacy at Sandhurst Road and that the opening hours would remain the same.  It was proposed that the existing dwelling be used by the Pharmacy manager and that the parking at the front be used for staff. 

The Legal Services Manager advised members that with regard to a removal of a covenant this is a private matter and is not a material consideration when determining planning permission.

Councillor Nigel Gage, Ward member noted three main concerns regarding the application, parking, safety and the need.  He believed the proposal was located too close to what was already a very busy junction at Forest Hill/West Coker Road and that the flow of traffic would increase significantly as people will park anywhere as already witnessed at the current site.  He also raised concern regarding the safety of pedestrians and school children currently using the area, noted that Yeovil Town Council were not in favour of the application and believed it was not a suitable location which could set a precedent for future business in the area.

During discussion, members expressed varying comments including:

·         Main issue was highway safety and unsure whether this was a suitable location.

·         Appreciate the need to expand and support local businesses.

·         Concern regarding the safety of pedestrians and children using the area.

·         Increase in traffic flow within the area.

·         Highway Authority advice raise no issue and extra parking proposed with additional staff parking goes beyond what is necessary.

·         New proposed site has superior parking and access than that of the current pharmacy located at Sandhurst Road.

·         Believe new location to be no less safe than that of the current site.

Following a further short debate, it was proposed and 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 taken as 8 votes in favour and 8 against.  The Chairman then provided his casting vote in favour of the application.

RESOLVED:

That application 16/01284/FUL be approved subject to:

Grant permission for the following reason:

01.       Notwithstanding the neighbour and Town Council concerns the provision of a pharmacy meets a community need and in assessing all the impacts does not adversely affect residential or visual amenity, highway safety or parking. The proposal therefore complies with policies SD1, SS1, EP15, TA3, TA5, TA6, EQ2 and EQ7 of the adopted South Somerset Local Plan (2006 -2028) and the aims and objectives of the NPPF.

SUBJECT TO THE FOLLOWING:

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: amended drawing 3758-02E received 21 April 2016.

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

03.       The building hereby approved shall be used as a pharmacy and for no other purpose (including any other purpose in Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order (with or without modification).

            Reason: The application has been assessed on this basis only in accordance with policies EQ2, EP15, TA5 and TA6 of the adopted South Somerset Local Plan (2006 - 2028).

04.       No works shall be undertaken unless details of all proposed boundary treatment are submitted to and agreed in writing by the Local Planning Authority.

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

05.       The pharmacy shall not open unless the internal security fence as detailed in drawing 3758-02E has been fully implemented.

            Reason: In accordance of Policy EQ2 of the adopted South Somerset Local Plan (2006 - 2028) and the aims and objectives of the NPPF.

06.       No works shall be undertaken unless details of the external materials (including the provision of samples where appropriate) have been submitted to and agreed in writing by the Local Planning Authority.

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

07.       (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).

08.       Notwithstanding the provisions of the Town & Country Planning General Permitted Development Order 2015 (or any subsequent order amending or revoking and re enacting that Order) there shall be no external plant or equipment unless an application for planning permission in that behalf is first submitted to and approved by the Local Planning Authority.

            Reason:  The Local Planning Authority is not satisfied that the building could accommodate external plant without detriment to the amenities of the area in accordance with Policy EQ7 of the adopted South Somerset Local Plan (2006 - 2028).

09.       The pharmacy shall not be opened outside the hours of 09:00 - 18:00 Monday to Friday and 09:00 - 13:00 on Saturdays. It is shall not open on Sundays or Bank Holidays.

            Reason: In the interests of residential amenity and to define the scope of the application in accordance with Policy EQ2 of the adopted South Somerset Local Plan (2006 - 2028).

10.       The area shown as 'parking area for pharmacy staff' on approved drawing 3758-02E shall thereafter be provided for the parking of staff whilst the pharmacy is open.

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

11.       The area allocated for parking and turning on the submitted plan shall be properly consolidated, surfaced, drained and marked out before the use commences or the building(s) are occupied and shall not be used other than for the parking of vehicles in connection with the development hereby permitted.

            Reason: In the interests of providing sufficient parking and turning on site in accordance with Policies TA5 and TA6 of the adopted South Somerset Local Plan (2006 - 2028) and the aims and objectives of the NPPF.

12.       Before the development hereby permitted is occupied, unobstructed visibility shall be provided above a height of 900mm from adjoining carriageway level for a minimum distance of 43m to the north and 33m to the south for a depth of 2.4 metres measured from the nearside edge of the adjoining carriageway as shown on approved drawing 3758-02E.  Such visibility splays shall thereafter be maintained unobstructed.

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

13.       The pharmacy shall not open unless the cycle stand shown on drawing 3758-02E has been implemented and thereafter retained.

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

(Voting: 9 in favour, 8 against, 0 abstentions)