Agenda item

Application Proposal: Development of 68 homes and associated car parking, public open space and infrastructure

The planning officer presented his report to members with the aid of a PowerPoint presentation which included photographs and plans of the proposed scheme.

He explained to members that the application had been approved at Area East Committee approximately one year, subject to a S106 agreement but that issues had arisen in terms of viability of the scheme. He explained to members that the financial obligations which had been agreed would remain the same, but that there was now a reduction in the amount of affordable homes proposed.  It was now proposed that only 20% of the scheme would be affordable, which amounted to 12 homes. He advised that the District Valuer had confirmed that this was viable. He further advised there had been some minor alterations to the design of the dwellings and a revised footpath route and recommended that the application be approved.

During the discussion, the new footpath route was indicated on the plans and drainage within the site was discussed.

Mr Bishton, representing the Bruton Trust, spoke in support of the application. He explained to members that this was the only large available space for housing in Bruton. He spoke favourable of the design and the works which had already been carried to alleviate flooding.

Mr H Sedman, the applicant, addressed the Committee. He explained to the Committee that their aim was to build unique and contemporary homes that Bruton could be proud of. He was disappointed that due to dramatic increases in build costs, they had not started works on site, but following a viability appraisal and the revisions to the application, he was happy that the houses could now be provided.

Councillor Anna Groskop, Ward Member, spoke in support of the application. She informed the Committee that suitable land is in short supply and that there is a huge demand for housing in Bruton. She advised that the Town Council support the application and hoped that the area of green land within the site would be for recreational use only.

During the discussion, concerns over flooding were raised. It was also suggested that cycle paths within the site would be welcomed.

Following the discussion, it was proposed and seconded that the planning application should be approved as per the officer recommendation and subject to conditions as detailed in the agenda report.

On being put to the vote, this was carried unanimously in support.

RESOLVED:  that planning permission be approved, as per the officer recommendation, subject to the prior completion of a section 106 planning agreement (in a form acceptable to the Council's solicitor(s)) before the decision notice granting planning permission is issued to secure;

(i)      Contributions towards offsite recreational infrastructure, to the satisfaction of the Assistant Director (Wellbeing) broken down as:

·         £9,167 towards enhancing the youth facility provision at Jubilee Park, Bruton.

·         £24,695 towards enhancing the playing pitch provision at Jubilee Park, Bruton.

·         £50,139 towards enhancing the changing room provision at Jubilee Park, Bruton.

·         £25,044 as a commuted sum towards the above local facilities

·         £32,355 towards enhancing the community hall provision in Bruton;

·         Monitoring fee of 1% - £1,414

(ii)      The provision of an on-site LEAP to the satisfaction of the Assistant Director (Wellbeing).

(iii)     12 dwellings as affordable dwellings (6 one-bedroom flats, 4 two-bedroom flats and 2 two-bedroom houses for social rent) to the satisfaction of the Development Manager in consultation acceptable to the Corporate Strategic Housing Manager.

(iv)    Travel Planning measures to the satisfaction of the Development Manager in consultation with the County Highways Authority

(v)     Off-site highways and footway improvements, including two crossing points on the A359 any contribution necessarily to the full cost of applying for any Traffic Regulation Orders to the satisfaction of the Development Manager in consultation with the County Highways Authority

For the following reason;

01.          Notwithstanding the local concerns the provision of 68 dwellings, which would contribute to the district Council’s housing shortfall and make provision for enhancements to drainage, highways safety and community facilities and without undue impacts in terms of landscape, residential amenity, ecology, drainage or highway safety. As such the proposal accords with the policies of the South Somerset Local Plan 2006 - 2028 and the provisions of the National Planning Policy Framework.

SUBJECT TO THE FOLLOWING CONDITIONS;

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.       Unless required otherwise by conditions attached to this permission the development hereby permitted shall be carried out in accordance with the plans set out below.

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

03.       Notwithstanding the details shown in the submitted plans, no dwellings hereby approved shall be commenced out until particulars of following have been submitted to and approved in writing by the Local Planning Authority;

a)    details of materials and positioning where appropriate (including the provision of samples where appropriate) to be used for the external walls and roofs;

b)    details of the recessing, cills and lintels, materials and finish (including the provision of samples where appropriate) to be used for all new windows (including any rooflights) and doors;

c)    details of all hardstanding and boundaries

d)    details of the rainwater goods and eaves and verge treatments.

e)    Details of meter boxes, any external aerials/satellite dishes, vents, flues and extracts

Once 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 policies EQ2 and EQ3 of the South Somerset Local Plan 2006-2028.

04.       No development hereby approved shall be commenced until a detailed surface water drainage schemefor the site has been submitted to and approved in writing by the local planning authority. Such scheme shall include measures to prevent the run-off of surface water from private plots onto the highways. The scheme shall subsequently be implemented in accordance with the approved details before the development is occupied.  

Reason:  To ensure the development is properly drained in accordance with policy EQ1 of the South Somerset Local Plan 2006-2028 and the provisions of the National Planning Policy Framework

05.       No dwelling 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 ensure the development is properly drained in accordance with policy EQ1 of the South Somerset Local Plan 2006-2028 and the provisions of the National Planning Policy Framework.

06.       The development shall not be commenced until a foul water drainage strategy is submitted and approved in writing by the local Planning Authority in consultation with Wessex Water acting as the sewerage undertaker. Such strategy scheme shall include appropriate arrangements for the agreed points of connection and provision for capacity improvements as required to serve the development. Once approved the drainage scheme shall be completed in accordance with the approved details and to a timetable agreed with the local planning authority.

Reason: In the interests of residential amenity and to ensure that proper provision is made for sewerage of the site in accordance with policies EQ1 and EQ2 of the South Somerset Local Plan 2006-2028 and the provisions of the National Planning Policy Framework.

07.       Prior to the commencement of the dwellings hereby approved details of measures for the enhancement of biodiversity, which shall include the provision of bat, swallow and swift boxes and a time scale for delivery of all such measures, shall be submitted to and approved in writing by the Local Planning Authority.  The biodiversity enhancement measures shall be implemented in accordance with the approved details unless otherwise approved in writing by the local planning authority.

Reason: For the conservation and protection of species of biodiversity importance in accordance with policy EQ4 of the South Somerset local Plan 2006-2028.

08.       The works shall be implemented in accordance with details of the proposed bat compensation/mitigation measures (as outlined in ‘Bat Addendum’, Sep 2015, Clarkson and Woods Associates), and as modified to meet the requirements of the ‘European Protected Species Mitigation Licence’ issued by Natural England, unless otherwise approved in writing by the local planning authority.

Plots 28 and 29 shall not be sold or occupied until inspection and written confirmation, by a Natural England licenced bat consultant, that compensatory bat roosting features have been provided in accordance with the bat compensation proposals and/or the requirements of any ‘European Protected Species Mitigation Licence’ issued by Natural England, has been submitted to and approved in writing by the Local Planning Authority.

If the demolition of Frome House or its outbuildings hasn’t been completed by 31^st March 2017, then a further survey shall be undertaken to ascertain any changes in bat presence or activity before demolition work commences.  Such survey shall be submitted to the local planning authority and approved in writing before work commences along with any further mitigation or compensation proposals that may be necessary as a result of any significant changes in bat presence or activity.  Any amended compensation/mitigation measures shall thereafter be implemented as agreed.

Reason: For the conservation and protection of species of biodiversity importance in accordance with NPPF and Policy EQ4 of the South Somerset Local Plan, and to ensure compliance with the Wildlife and Countryside Act 1981 and The Habitats Regulations 2010.

09.          The proposed estate roads, footways, footpaths, tactile paving, cycle ways, bus stops/bus lay-bys, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture shall be constructed and laid out in accordance with details to be approved by the Local Planning Authority in writing before their construction begins.  For this purpose, plans and sections, indicating as appropriate, the design, layout, levels, gradients, materials and method of construction shall be submitted to the Local Planning Authority.

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

10.          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 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 highways safety in accordance with Policy TA5 of the South Somerset Local Plan 2006-2028.

11.          None of the dwellings hereby permitted shall be occupied until a scheme of street lighting has been installed in accordance with a design and specification to be approved in writing by the Local Planning Authority.

Reason: In the interests of highways safety and the amenities of the locality in accordance with Policies TA5 and EQ2 of the South Somerset Local Plan 2006-2028.

12.          There shall be no obstruction to visibility greater than 600mm above adjoining road level in advance of lines drawn 2.4m back from the carriageway edge on the centre line of the access from Frome Road (A359) and extending to points on the nearside carriageway edge 43m either side of the access. Such visibility shall be fully provided before the development hereby permitted is occupied and shall thereafter be maintained at all times.

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

13.       The development hereby permitted shall not commence unless a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall include construction operation hours, construction vehicular routes to and from site, measures to prevent mud/debris being deposited on the highways by vehicles leaving the site, construction delivery hours, car parking for contractors and specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice. Once approved the development shall be carried out in accordance with the approved Construction Management Plan.

Reason: To safeguard the amenities of the locality in accordance with Policy EQ2 of the South Somerset Local Plan 2006-2028.

14.       Prior to implementation of this planning permission, site vegetative clearance, demolition of existing structures, ground works, heavy machinery entering site or the on-site storage of materials, a scheme of tree planting, a Tree Protection Plan and an Arboricultural Method Statement relating to all retained trees on or adjoining the site shall be drafted so as to conform to British Standard 5837: 2005. Such Tree Protection Plan and the Arboricultural Method Statement details shall be submitted to and agreed in writing with the Council and it shall include:

a)  details of any required tree works so as to conform to BS 3998:2010 - Tree Works;

b)  plans detailing root protection areas, construction exclusion zones and the installation of tree protection fencing;

c)  layout plans showing the locations of required below-ground services

d)  special tree protection and engineering measures for any approved installation of built structures, below-ground services and hard surfacing within the root protection areas of retained trees;  

e)  a scheme of arboricultural on-site supervision, monitoring and certificates of compliance relating to the tree protection measures.

Upon implementation of this planning permission, the measures as specified within the agreed scheme of tree planting, the Tree Protection Plan and the Arboricultural Method Statement shall be implemented in their entirety for the duration of construction, inclusive of any landscaping measures.

Reason : To safeguard existing trees in accordance with Policies EQ2 and EQ4 of the South Somerset Local Plan 2006-2028.

15.          All planting, seeding or turfing comprised in the Landscaping Proposals as shown on drawing 13-31-30 shall be carried out in the first planting and seeding seasons following the occupation of the dwellings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority give written approval to any variation.

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

16.          No dwelling hereby approved shall be occupied out until a scheme of maintenance and management of the structural and open space planting has been submitted to and approved in writing by the local planning authority. Once approved such regime shall be adhered to at all times thereafter unless agreed otherwise 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.

17.       In the event that any signs of pollution such as poor plant growth, odour, staining of the soil, unusual colouration or soil conditions, or remains of past industrial use, are found at any time when carrying out the approved development al work shall cease, unless agreed otherwise in writing by the LPA and the findings must be reported in writing to the local planning authority within 14 days. If the LPA considers it necessary, an assessment of the site must be undertaken in accordance with BS10175. Where remediation is deemed necessary, a remediation scheme must be submitted to and approved in writing by the LPA and thereafter all works on site shall be carried out in accordance with the agreed scheme.

Reason: To protect the health of future occupiers of the site from any possible effects of contaminated land, in accordance with Policy EQ7 of the South Somerset Local Plan 2006-2028.

18.       Unless agreed otherwise in writing, no dwelling hereby occupied shall be occupied until such time as the details and specifications of the play equipment within the LEAP, along with a timetable for its installation have been submitted to, and agreed in writing, by the local planning authority. Once approved such details shall be fully implemented in accordance with the approved details and not thereafter altered without the prior written agreement of the local planning authority.

Reason: To ensure the provision of a quality environment for future occupiers in accordance with policy HW1 and EQ2 of the South Somerset Local Plan 2006-2028

Informatives

1.         You are reminded that development, insofar as it affects a right of way should not be started and the right of way should be kept open for public use until the necessary diversion/stopping up order has come into effect. Failure to comply with this request may result in the developer being prosecuted if the path is built on or otherwise interferedwith.

2.         You are reminded that there should be no removal of vegetation that may be used by nesting birds (trees, shrubs, hedges, bramble, ivy or other climbing plants) nor works to or demolition of buildings or structures that may be used by nesting birds, shall be carried out between 1^st March and 31^st August inclusive in any year, unless previously checked by a competent person for the presence of nesting birds.  If nests are encountered, the nests and eggs or birds, must not be disturbed until all young have left the nest.

3.         Before this development can commence, a European Protected Species Mitigation Licence (under The Conservation (Natural Habitats, &c.) Regulations 2010) may be required from Natural England.  You will need to liaise with your ecological consultant for advice and assistance on the application for this licence.  Natural England will normally only accept applications for such a licence after full planning permission has been granted and all relevant (protected species) conditions have been discharged. 

4.         It is suggested 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 is to be remedied by the developer to the satisfaction of the Highway Authority once all works have been completed on site.

5.            You are reminded that no work should commence on the development site until the appropriate rights of discharge for surface water have been obtained.

6.            It should be noted that given the nature and scale of the works required to create the proposed new access, it is likely that these works will need to be secured via a suitable legal agreement rather than a standard 184 Licence. Please contact the Highway Authority to progress this agreement well in advance of commencement of development.

7.            The developer delivering the necessary highway works associated with the development hereby permitted is required to consult with all frontagers affected by said highway works as part of the delivery process. This should be undertaken as soon as reasonably practicable after the grant of planning permission and prior to the commencement of said highway works, especially if the design has evolved through the technical approval process. This is not the responsibility of the Highway Authority.

8.            Section 59 of the Highways Act 1980 allows the Highway Authority to recover certain expenses incurred in maintaining highways, where the average cost of maintenance has increased by excessive use. The condition survey will be used as evidence should damage to the highway network occur during the construction phase of the development.

9.            The applicant should be aware that it is likely that the internal layout of the site will result in the laying out of a private street, and as such under Sections 219 to 225 of the Highways Act 1980, will be subject to the Advance Payments Code (APC).

10.          The details to be provided in connection with condition 5 should include details of an annual maintenance regime of the ditch to the north of the site.

(Voting: Unanimous in favour)