Agenda item

The Planning Officer presented her report to members with the aid of a PowerPoint presentation.

She explained to the Committee that amended plans had been received for consideration which included a revised south gable. She advised members that following the submission of these amended plans, that she was now recommending that the planning application was approved, subject to conditions.

She pointed out that following amended plans, the consultation period to neighbour and consultees would expire on the 15^th June 2016 and that a decision could be reached but not issued until after this date.

She continued to use a PowerPoint presentation, containing photographs and plans, to show the scheme as approved and the plans which were now being considered.

She explained to the Committee that the access to neighbouring properties was a concern as it did not accord with the plans which had been submitted. She did however point out the access met Somerset County Council’s standing advice.

She advised members that she was now recommending approval of the planning application subject to conditions which;

·         secure details of the gradient and surfacing of the first 5 meters of the access and that there be no obstruction to visibility above 900m above road level within the visibility splays set out on the approved plans

·         remove Permitted Development rights for any new external openings in the dwelling

·         remove permitted development rights for any new outbuildings

·         ensured parking and turning area is free from obstruction

·         ensured no entrance gates less than 5 meters from highway

Richard Montagu spoke in objection to the application. He was a resident of Lytes Cary Court and further represented another neighbour. He explained to the Committee that the road alongside the site is an unrestricted, narrow and heavily used. He informed members that the planning application which was approved in 2012 retained visibility to the north of his access, but that the developer had built a wall 2.4 meters closer to the road which now restricted his view.

He informed members that it was now difficult and made him feel anxious when driving out of his property access. He also pointed out that the SSDC Highway Consultant indicated in his consultation letter that he would support a change to the wall. He urged members not to grant approval without alterations to the wall.

Stuart Sinclair, the applicant, addressed the Committee. He pointed out that the glazing issue had now been resolved and that although his client accepts the objections made by the neighbours, that he had consulted with both the neighbours and the planners. He also pointed out that the wall could be built to this height under permitted development rights.

Councillor David Norris, Ward Member expressed his concern that the development should have been built in accordance with the approved plans. He explained that although the issues with the overlooking had now been resolved, he still found the wall to be a concern. He read an extract from comments made by the SSDC Highway Consultant and pointed out that he hoped that the wall could be reduced in height or moved back to the approved position.

Following these comments, Stuart Sinclair pointed out that the previously approved plan showing the position of the wall was incorrect.

During the discussion, it was suggested that the application shouldn’t be determined prior to the expiry of the consultation date. The Area Lead Officer (North/East) felt that this would not be an issue, providing that any additional comments received, if any, were passed to the Ward Member and Chairman of the Committee. The Legal Services Manager agreed that this would be acceptable.

The applicants permitted development rights and the neighbour’s safety was discussed. It was also pointed out that applications have been approved for similar schemes. 

Concern was raised over a shorter, corner section of the wall, which adjoined the highway and the neighbour’s access, referred to as the ‘milk-stand’. It was thought that this ‘milk-stand’ section of the wall could provide an opportunity for additional items to be stored on, such as signage or plants and that it should be removed.

Following the discussion, it was proposed and seconded that the application be approved subject to the conditions as suggested by the Planning Officer as well as a requirement that the applicant reconfigure the boundary wall, including the removal of the ‘milk stand’, in order to improve the next door neighbour’s visibility. These revised boundary wall details should be agreed following re-consultation with the neighbours and the Parish Council and should be subject to a condition requiring these works be completed within two months of the date of the decision being issued. The application should be referred back to the Ward Member and Area Chair for their agreement prior to any decision being issued.

On being put to the vote, this was carried 7 votes in favour, with 1 abstention.

RESOLVED: that planning permission be approved for the following reason:

The proposed development, by reason of its location, layout, design and materials, is considered to make an appropriate reuse of this disused building in accordance with the provisions of paragraph 55 of the NPPF. The development respects the setting of the adjacent historic park and garden and is not considered to cause any demonstrable harm to visual amenity, residential amenity or highway safety in accordance with the aims and objectives of policies SD1. TA5. TA6, EQ2 and EQ3 of the South Somerset Local Plan.

Subject to the following conditions:

01.       The development hereby permitted shall be carried out in accordance with the approved plans drawings numbered TC1601/2b received 27/05/2016 and TC1601/3 received 18/01/2016.

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

02.       Prior to the occupation of the dwelling hereby approved, the external boarding proposed at first floor level on the southern gable shall be installed in its entirety. Prior to these works being carried out details of the timber boarding, including the materials, profile, finish / colour (to include the provision of a sample where appropriate) shall be submitted to and approved by the local planning authority. Once installed the timber boarding shall be maintained in this fashion in perpetuity.

Reason: In the interest of visual amenity and residential amenity to accord with policy EQ2 of the Local Planning Authority;

03.       Within one month of the date of this permission details of the gradient and surfacing of the first five metres of the access shall be submitted to and agreed in writing by the local planning authority. Prior to the first occupation of the dwelling the access shall be constructed in accordance with the agreed gradient and surfacing details and there shall be no obstruction to visibility greater than 900mm above adjoining road level within the visibility splays shown on drawing number TC1601/3 received 18/01/2016. The access shall thereafter be maintained at all times in this fashion, unless otherwise agreed in writing by the local planning authority.

            Reason: In the interest of highway safety to accord with Policy TA5 of the South Somerset Local Plan.

04.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), there shall be no extensions to the dwelling hereby permitted, no additional windows, including dormer windows, or other openings (including doors) shall be formed in the dwelling, without the prior express grant of planning permission.

            Reason: In the interest of visual and residential amenity to accord with policy EQ2 of the South Somerset Local Plan.

05.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no outbuildings shall be erected within the curtilage of the dwellinghouse, other than those permitted by this permission.

            Reason: In the interest of visual amenity to accord with policy EQ2 of the South Somerset Local Plan.

06.       The parking and turning area shown on the submitted plan 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.

            Reason: In the interest of highway safety to accord with policy TA6 of the South Somerset Local Plan.

07.       Any entrance gates erected shall be hung to open inwards and shall be set back a minimum distance of 5m from the highway. 

            Reason: In the interest of highway safety to accord with Policy TA5 of the South Somerset Local Plan.