Agenda item

Planning Application: 15/02733/OUT - Land And Premises Barley Farm, Houses Lane, Tatworth

Minutes:

(Councillor Andrew Turpin declared a personal interest in the application as a member of Tatworth & Forton Parish Council)

The Planning Officer reminded members that the application had been deferred from the December Area West Committee meeting for additional highway information. He reminded members of the key considerations which were impact on visual amenity/setting of listed buildings, highway safety, drainage and sustainability/5 year land supply. He advised that an additional site location plan had been received together with a swept path analysis.

The Highway Consultant referred to the vehicle tracking plan showing the extent of the proposed visibility splays and confirmed that he felt comfortable with the splays being proposed. He felt that it was not appropriate to have an over engineered tarmac and to take account of service vehicles was suggesting that the hatched areas could be formed from grasscrete. He also referred to a plan showing that a 7.5t vehicle can access the site and reverse out with a 5 metre radius. With regard to refuse vehicles he anticipated the Waste Partnership sending vehicles down Houses Lane and considered the situation to be no different than in other rural locations. The distance to the bin store was a suitable distance. He was of the view that a fire appliance would be able to access the site. The guidance was set within 45 metres and the depth of the site was 30 metres. In conclusion he confirmed that the access arrangements submitted were acceptable.

The Committee was addressed by Clive Watson and Martin Turner in objection to the application. Concerns expressed related to the following:

· Over development;

· Road safety;

· Removal of the Devon bank;

· Adverse impact on listed buildings;

· Local opposition overwhelming;

· Concerns over accessibility for fire appliances.

The Committee was addressed by Terry Bailey in support of the application. He advised that he was born and grew up in Tatworth. He commented that Tatworth was such a popular village but it was impossible for professionals to afford a property.

The Applicant’s Agent commented that the development offered much needed housing in a sustainable location. He referred to the swept path analysis which demonstrated that any vehicle could access the site. He referred to there being no known history of flooding on the site and that surface water could be contained. There was no impact on the listed buildings and the development positively contributed to the setting.

The Ward Member, Councillor Andrew Turpin raised the concern that the Parish Council had not had sufficient time to consider the additional information. He was in favour of the application being deferred until the statutory consultees had been consulted.

The Area Lead North/East explained that the Parish Council had been notified about the additional information out of courtesy. The information provided sought to address the concerns raised in their response as set out in the report and simply clarified what had already been submitted by adding vehicle tracking paths to the submitted drawings. The Senior Legal Advisor confirmed that information being requested at a previous meeting would not normally trigger a formal consultation process.

It was proposed and seconded to defer the application for formal consultation. On being put to the vote the proposal was lost by 2 votes in favour and 9 against.

In response to a member comment regarding the concerns raised over accessibility for fire appliances, the Highway Consultant was of the view that a fire engine could operate without going into the site through a sprinkler system if necessary this would be addressed at the building control stage. There was no other access point appropriate for emergency vehicles but the junction radii could be slackened to accommodate movements which could be undertaken through an appropriate condition.

Ward Member, Councillor Andrew Turpin, commented that he was unable to support the application. Although he was not against some development on the site he was of the view that the access was unsuitable and the proposal was overdevelopment.

During the discussion on the item, some members were of the view that there were solutions to overcome the problems with the access and were supportive of the junction radii being amended.

At the conclusion of the debate, it was proposed and seconded to approve the application as per the Planning Officer’s recommendation subject to an amendment to Condition 4 as suggested by the Area Development Lead/North.

04. At the accesses hereby approved there shall be no obstruction to visibility greater than 300 millimetres above adjoining road level within the visibility splays (drawn 2.4m back from the carriageway edge) as illustrated on approved drawings P-150 Rev.C and P-151 The accesses and visibility splays shall be formed in accordance with full technical details, including surfacing details, junction radii and footpath details to be submitted to and approved in writing by the local planning authority prior to their constriction. Once approved such details shall be fully implemented and the accesses provided in accordance with the approved details prior to the occupation of the dwelling(s) to which they relate and shall thereafter be maintained at all times.

On being put to the vote the proposal was carried by 9 votes in favour and 2 against.

RESOLVED:

That Planning Application No. 15/02733/OUT be APPROVED as per the Planning Officer’s recommendation outlined in the agenda report subject to an amendment to condition 4 for the following reason:

01. The proposed development is located in a sustainable location, provides social benefits in the provision of housing and will contribute to overall housing supply within the district. The impacts of the scheme will be acceptably mitigated through planning obligations and is considered that an acceptable scheme can be achieved in relation to residential amenity, highway safety, visual amenity and would not harm the setting of the adjacent Grade II Listed Building. Planning conditions would ensure that protected species are not harmed and that there are ecological enhancements within the site. An appropriate drainage scheme would ensure that the proposal does not increase the risk of flooding off site. As such it is considered that the proposal would accord with the requirements of policies EQ1, EQ2, EQ3, HG3, TA5 and TA6 of the South Somerset Local Plan (2006-2028).

SUBJECT TO THE FOLLOWING:

01. 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.

02. The development hereby approved shall be carried out in accordance with the following approved plans: P-100; P-150 Rev. B only.

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

03. The landscaping scheme required by condition 1 shall include the retention of the existing hedges to the north, east and western site boundary fronting Houses Lane (other than for the provision of the visibility splay required by this permission), details of measures for their protection in the course of the development and measures for the protection of any trees within the development site. The landscaping scheme shall include details of any changes proposed in existing ground levels, the construction, location and finish of hardstanding and all proposed planting, seeding and turfing. The landscaping scheme shall be carried out and completed in accordance with a timetable to be agreed in writing. Any trees or plants which within a period of five 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 gives written consent to any variation.

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 South Somerset Local plan (2006-2028).

Reason: In the interests of highway safety to accord with Policy EQ2 of the South Somerset local Plan (2006-2028).

05. 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.

Reason: In the interests of highway safety to accord with Policy TA6 of the South Somerset Local Plan (2006-2028).

06. The reserved matters application required by condition 01 shall include a detailed surface water drainage scheme together with a programme of implementation; maintenance and management of the sustainable drainage scheme, for the lifetime of the development have been submitted to and approved by the Local Planning Authority. Such works shall be carried out in accordance with the approved details.

These details shall include: -

- Information about the design storm period and intensity, discharge rates and volumes (both pre and post development), temporary storage facilities, means of access for maintenance (6 metres minimum), the methods employed to delay and control surface water discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters.

- Any works required off-site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing culverts and headwalls or removal of unused culverts where relevant).

- Flood water exceedance routes, both on and off site, note: no part of the site shall be allowed to flood unless specifically designed to do so.

- A management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by an appropriate public body or statutory undertaker, management company or maintenance by a Residents' Management Company and / or any other arrangements to secure the operation and maintenance to an approved standard and working condition throughout the lifetime of the development.

Reason: To ensure that the development is served by a satisfactory system of surface water drainage, constructed to the approved details, thereafter implemented, retained, managed and maintained as per the approved details for the lifetime of the development and in accordance with paragraph 17 and sections 10 and 11 of the National Planning Policy Framework, Paragraph 103 of the National Planning Policy Framework and the Technical Guidance to the National Planning Policy Framework (March 2015).

07. The reserved matters application required by condition 01 shall include details of the design of building foundations and the layout, with positions, dimensions and levels, of service trenches, ditches, drains and other excavations on site, insofar as they may affect trees and hedgerows on or adjoining the site, shall be submitted to and approved in writing by the Local Planning Authority.

08. The dwellinghouse(s) to be erected within the area annotated as 'plot 7' illustrated on the approved plan, drawing No. PL-150 Rev. A shall be of single-storey construction only with no accommodation in the roof space.

Reason: In the interests of preserving the setting of the adjacent Listed Building to accord with Policy EQ3 of the South Somerset Local plan (2006-2028).

09. Prior to commencement of this planning permission, site vegetation clearance, demolition of existing structures, ground-works, heavy-machinery entering site or the on-site storage of materials, an Arboricultural Method Statement and a Tree and Protection Plan shall be prepared in accordance with British Standard 5837: 2012 - Trees in relation to design, demolition and construction and these details shall be submitted to the Council. On approval of the tree protection details by the Council in-writing, a site-meeting between the appointed building/groundwork contractors, the Site Manager and the Council's Tree Officer (Phil Poulton: 01935 462670 or 07968 428026) shall be arranged at a mutually convenient time. The locations and suitability of the tree protection measures (specifically the fencing & signage) shall be inspected by the Tree Officer and confirmed in-writing by the Council to be satisfactory prior to commencement of the development. The approved tree protection requirements shall be implemented in their entirety for the duration of the construction of the development and the protective fencing may only be moved or dismantled with the prior consent of the Council in-writing.

Reason: To preserve the health, structure and amenity value of protected trees in accordance with the Council's statutory duties relating to The Town & Country Planning Act, 1990 (as amended)[1] and the following policies as stated within The South Somerset Local Plan (2006 - 2028); EQ2: General Development, EQ4: Bio-Diversity & EQ5: Green Infrastructure.

10. Prior to the occupation of any of the dwellings hereby permitted, a scheme for the management and responsibility of the mature Ash tree positioned at the junction of Houses lane and Tatworth Street as illustrated on the illustrated on the approved site layout plan, drawing No. P- 150 Rev. B shall be submitted to and approved in writing by the Local planning Authority. The approved scheme shall be implemented in accordance with the agreed details in perpetuity.

11. No removal of any hedge (or part thereof) shall be undertaken until a Method Statement detailing precautionary measures for the avoidance of harm to dormice has been submitted to and approved in writing by the local planning authority. All hedge removal shall be undertaken in full accordance with the approved Method Statement unless otherwise approved in writing by the local planning authority.

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

12. No buildings identified as having low potential to support bats in the Preliminary Ecological Appraisal (Richard Green Ecology Ltd, August 2014) shall be demolished until a dusk emergence or dawn re-entry survey for bats has been undertaken in the period of May to September by an appropriately qualified person (preferably a licenced bat consultant) in accordance with current best practice and the survey report has been submitted to and approved in writing by the Local Planning Authority. The survey shall be completed prior to submission of any full or reserved matters planning application.

In the event of the above survey(s) concluding any potential impact to bats, full details of a mitigation plan or method statement containing measures for the avoidance of harm, mitigation and compensation, shall also be submitted to and approved in writing by the Local Planning Authority. The approved mitigation plan shall be implemented in complete accordance with its contents, unless otherwise agreed in writing by the local planning authority.

Reason: To protect legally protected species of recognised nature conservation importance in accordance with NPPF and Policy EQ4 of the South Somerset Local Plan (adopted).

Informatives:

01. Water Supply Connections

New water supply connections will be required from Wessex water to serve this proposed development.

Application forms and guidance information is available from the Developer Services web-pages at our website www.wessexwater.co.uk.

Further information can be obtained from our New Connections Team by telephoning 01225 526222 for Water Supply.

The applicant is advised that the existing Ash tree at the junction of Houses Lane and Tatworth Street is subject to a Tree Preservation Order. The Tree Preservation Order protects the tree above and below ground and prevents the cutting down, topping, lopping, uprooting, wilful damage or destruction. Any proposed works to the tree require the written consent of the Local Planning Authority. If further advice is required please contact the Councils Tree Officer on 01935 462670.

(Voting: 9 in favour, 2 against)

Supporting documents: