Agenda item

Planning Application: 16/02521/OUT - Land Os 7216,Church Street, Winsham

Minutes:

Application Proposal: The erection of 1 No. dwellinghouse and detached double garage (Outline)

 

(Prior to consideration of the application, Councillor Sue Osborne declared a personal interest as the Ward Member)

 

The Planning Officer introduced the report and with the aid of slides and photographs summarised the details of the application.  She advised that since writing her report a further letter had been received from a local resident raising concerns over condition 5.  She highlighted the key considerations and advised that her recommendation was for approval subject to conditions.

 

In response to questions from Members, the Planning Officer confirmed that:-

 

·         There would be a Replanting Scheme utilising native trees and shrubs;

·         The site was part of a large parcel of land.  The applications listed under the history of the site related to other sites with the exception of the formation of agricultural vehicular/access; 

·         No further comments had been received from the County Highway Authority;

·         A change in the speed limits could not be imposed as part of this application. The Highway Authority had assessed and considered the speed limits when they considered the application;

·         She had not been provided with any SID data from the survey carried out in September as referred to by the Parish Council;

·         There was no requirement for regular visits to the field served by the agricultural access at the current time as it was only occupied by a few sheep but it could at any time be used on a regular basis.

 

The Committee was addressed by Mr J Gapper, Ms J Robinson and Mr J Chance who all spoke against the proposed development.  Their comments included:-

·         Lack of public transport and good services in the village;

·         Unsuitable location;

·         12 new houses have already been approved in the village;

·         Concerns about the security implications of the proposed pedestrian access;

·         Questioned how the lockable gate and low lighting would work;

·         Concerns over loss of privacy, light pollution, loss of amenity and security for residents in the area;

·         Inadequate visibility splays;

·         Access unsuitable for pedestrians and no provision for members of the public walking on the highway.

 

The Agent for the applicant, Nick Forrest advised that lengthy pre-application discussions had taken place and the advice received had been fully incorporated into all aspects of the proposed dwelling.  He advised that the proposed development respected the setting of existing dwelling and that there was no overlooking.

 

The Ward Member, Councillor Sue Osborne commented that there was little support for the application within the village and although the location was more acceptable the highway issue was unacceptable.  She believed that a single dwelling would make no difference to the 5 year housing land supply.  She also expressed concerns over the access.  If the application were to be approved she was in support of extending the 30mph speed limit to the bridge at Bere Farm and using a grampian clause to cover the speed limit and then once completed the development could take place.

During the discussion varying views were expressed.  Comments made included the following:

 

·         An additional condition was suggested to cover the landscape and treatment of trees on the southern boundary;

·         There were no reasons to refuse the application on highway grounds;

·         County Highways did not consider the highway issues to be severe;

·         The Parish Council could apply for the speed limit to be extended;

·         Concerns over the width of the highway and unsatisfactory sustainable transport;

·         Local knowledge should be taken into consideration;

·         Lack of a 5 year housing land supply was not a reason to approve the application;

·         There was a big difference between agricultural and residential use.  There would be far more vehicle movements and the access would be unsafe.

 

The Planning Officer confirmed that the materials would be considered as part of reserved matters.

 

Following discussion it was proposed and seconded to refuse the application contrary to the Planning Officer’s recommendation for the reasons outlined by the Planning Officer which were on the grounds of highway safety.  On being put to the vote the proposal was lost.  The vote was 5 in favour, 6 against and 2 abstentions.  It was subsequently proposed and seconded to approve the application as per the Planning Officer’s recommendation outlined in the agenda report subject to an additional condition to ensure that the landscape details are submitted as part of the reserved matters.  On being put to the vote the proposal was carried 7 votes in favour, 4 against and 2 abstentions.

 

RESOLVED:

That Planning Application No. 16/02521/OUT be approved as per the Planning Officer’s recommendation subject to an additional condition to ensure that the landscape details are submitted as part of the reserved matters for the following reason:

 

01.       Notwithstanding the objections from local residents and the Parish Council, the proposed residential development of the site is considered to be acceptable in this location, and could be carried out, subject to detail, with respect to the character of the area, and without causing demonstrable harm to residential amenity and highway safety, in accordance with policies SD1, SS1, SS2, TA5, TA6 and EQ2 of the South Somerset Local Plan (2006-2028) and the core planning principles of the National Planning Policy Framework.

 

SUBJECT TO THE FOLLOWING:

 

01.       Details of the scale and appearance of the building(s) and the landscaping of the site (hereinafter 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: Drawing No.'s 2271-PL-01 Rev A and 2271-PL-02 Rev A.

           

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

 

04.       Before the development hereby permitted is commenced, a properly consolidated and surfaced access shall be constructed (not loose stone or gravel) details of which shall have been submitted to and approved in writing by the Local Planning Authority.  The access shall be constructed in accordance with the agreed design and shall be maintained in the agreed form thereafter at all times.

           

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

 

05.       There shall be no obstruction to visibility greater than 600 millimetres above adjoining road level forward of a line drawn 2.4 metres back and parallel to the nearside carriageway edge over the entire site frontage.  Such visibility shall be fully provided before works commence on the development hereby permitted and shall thereafter be maintained at all times.

           

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

 

06.       The gradient of the proposed access shall not be steeper than 1 in 8 and shall be maintained at that gradient thereafter at all times.

 

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

 

07.       Provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway, details of which shall have been submitted to and approved in writing by the Local Planning Authority.  Such provision shall be installed before the site is first brought into use and thereafter maintained at all times.

           

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

 

08.       The development hereby permitted shall not be occupied until 4 parking spaces for the dwelling and a properly consolidated and surfaced turning space for vehicles have been provided and constructed within the site in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority. Such parking and turning spaces shall be kept clear of obstruction at all times and shall not be used other than for the parking and turning of vehicles in connection with the development hereby permitted.

           

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

 

09.       Before commencement of the pedestrian path from the site to Court Street details of the path (including proposed surfacing, lighting and lock/security measures) shall be submitted to and approved in writing by the Local Planning Authority. The path shall be fully implemented in accordance with the approved details before occupation of the dwelling hereby approved. Once constructed the pedestrian route shall be made available and maintained at all times in accordance with the details agreed.

           

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

 

10.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order), the use of any existing garage, or garage hereby permitted, as part of this development shall not be used other than for the parking of domestic vehicles and not further ancillary residential accommodation, business use or any other purpose whatsoever.

           

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

 

11.       The dwelling hereby permitted shall not exceed 1.5 stories in height.

           

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

 

12.     The landscaping details to be submitted as part of the reserved matters shall fully comply with the advice and guidance contained within the Landscape Statement dated May 2016 prepared by Clark Landscape Design and the landscaping details and planting shown on Drawing No. 2271-PL-02 Rev A.

 

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

 

Informatives:

 

01.       The application site is within 250 metres of a suspected landfill site. The applicant/developers attention is drawn to the fact that there is the potential for production and migration of landfill gas. You are reminded that the responsibility for safe development rest with the owner and/or developer. Accordingly, the applicant/developer is advised to seek independent expert advice regarding the possibility of the presence, or future presence, of gas and whether any precautionary measures are necessary. The Council's Environmental Health Service will make available to you, free of charge, any information data that it has in relation to the land to which the application applies. For further information please contact Tim Cox.

 

02.       The applicant is advised that the landscaping plan submitted as part of the reserved matters should include the recommendations of the Landscape Statement and Arboricultural Impact Assessment prepared by Clark Landscape Design that accompany this outline application. It is also suggested that the plan includes proposals for the maintenance of the leylandii boundary hedge.

 

(voting: 7 in favour, 4 against, 2 abstentions)

 

Supporting documents: