Agenda item

Application Proposal: Refurbishment and conversion of St John's Priory (Formerly Florida House) to form 4 bed house, 3 no. 1 bed apts and 1 no. 2 bed apt. Conversion of existing coach house to form 2 no. 2 bed semi-detached houses, demolition of existing pool structure and construction of 2 bungalows as replacement, together with 3 no. detached houses to south of the Priory, and 2 no. 2 bed houses sited at the entrance to the Priory.

The Planning Officer presented his report to the Committee.

He advised that he had received an additional letter of support; however he felt that the letter had not raised any issues which had not already been raised.

He advised members that should the application be approved as recommended in his report, he proposed that an additional biodiversity condition be added to the approval.

Using a PowerPoint presentation, he provided images of the proposed plans and photographs of the site. He provided an image of the proposed block plan and pointed out the proposed additional dwellings as well as the proposed access, parking, bin storage areas and trees protected by Tree Preservation Orders.

He advised that the Conservation Officer considered that there would be no significant adverse impact on the listed building or the surrounding conservation area. He stated that the applicant had agreed to a phasing scheme which ensured that the refurbishment of the listed building would be completed before any of the additional dwellings could be occupied. This would be secured by a legal agreement.

He advised that the SSDC ecologist recommended that the application be approved, subject to detailed ecology conditions which were included within the agenda report and the additional proposed ecology condition and advised that the SCC Highways, the SSDC Tree Officer or the Somerset Waste Partnership had not raised an objection to the scheme.

He informed members that The Priory had suffered from damage and vandalism over the years and that the windows and doors had been boarded up. He also clarified that the area which he had referred to as the ‘village green’ is not allocated as a designated public open space in planning terms and this area and is within a gift from the applicant.

At the request of the Chairman, the Planning Officer clarified where the parking areas would be situated.

Mrs Joan Harfield, Mr Swan, Mrs Swan and Mr Chris Martin spoke in objection to the scheme. Their comments included;

·         The ‘village green’ is a valuable social asset for families and should remain so.

·         The rubbish bins should be stored at and collected from the properties that produce the rubbish and not from the area near to the ‘village green’ area.

·         The refurbishments of The Priory is supported.

·         The ‘Village Green’ has been maintained by The Residents Association and is well used as a social area by adults and children.

·         The rubbish should be stored within the grounds of The Priory.

·         The parking spaces provided should be closer to the proposed dwellings, within the grounds of The Priory.

·         The proposed bungalows should be positioned closer to the proposed gatehouses.

·         The bins and parking should be situated on the old pool building.

·         The existing driveway for The Priory should be used to provide access for the proposed new dwellings.

·         Parking for the two proposed bungalows is accessed at the end of a private road, which is extremely narrow and a dead-end road.

·         The pitched roof on the proposed car port is out of character and would be seen by The Priory. It requires the removal of further woodland area.

Roger Thompson spoke in support of the application. He explained that the building is derelict and had been for many years. He explained that he would be losing a grass verge and that the private road outside his home will be used more, however he hoped that the current owners would restore the building.

Marcus Clarke, the planning agent, addressed the Committee. He explained that;

·         the village green area is within the grounds of The Priory and that he had tried to retain a maximum amount of green space for residents to enjoy.

·         He had worked with Somerset Waste Partnership and the SSDC Planning Department to develop a satisfactory scheme for the bin storage, however he is happy to look at amending the bin storage area, but to retain the access, should the application be approved.

·         The building is deteriorating and is often subject to vandalism.

·         Keen to get this application approved and move forward with the restoration and refurbishment.

The Chairman Councillor Nick Weeks, the Ward Member, explained that this was a beautiful and iconic building and welcomed the restoration and refurbishment. However, he suggested that the green area should remain and that the access and parking could be moved further within the site.

He commented that he had concerns over the 2 bungalows which were proposed on the site of the old pool building. He further pointed out there were large areas to the south/west of the site where dwellings could have been proposed, rather than so close to The Priory building. These dwellings could then benefit from their own access and bin storage areas. He felt that by moving the proposed bungalows to this area, traffic could be reduced and the bin storage area could be removed from the village green area of the site.

Councillor Henry Hobhouse, also Ward Member, agreed with these comments. It was his view that these are only small problems which are causing the issues and hoped that they could be resolved. He queried whether the Residents Association that had been maintaining and occupying the ‘village green’ area could apply to the land registry to take ownership of this land.

The Senior Legal Executive confirmed that there had been cases where ownership of land had been claimed where maintenance of the land had been provided by groups or individuals on which they do not own. However, this would be a private legal matter and should not preclude the application being determined today.

Mr Chris Brooks, the architect, addressed the Committee. He advised that the scheme had been developed in line with comments received from the SSDC Conservation Officer. He had been advised to keep The Priory building in a clear open space.

During the discussion, members suggested that 3 dwellings on the western edge of the site, rather than 2 dwellings to the north of The Priory would be considered favourably.

The Area Lead Planning Officer confirmed that an amendment of this scale could not be determined today and that these amendments would require a new planning application to be submitted from the applicant. However, he suggested that the bin storage details could be reserved by a condition.

The Planning Officer confirmed that the PD would automatically be removed as the dwellings would be within the curtilage of the listed building.

Members raised concern that some of the proposed dwellings were situated close to each other and that there are issues of the dwelling overlooking each other. The Planning Officer acknowledged this, and advised that some buildings are existing and that buyers will be aware of this when purchasing properties.

It was proposed that the application be approved subject to an amendment to the village green area and for the locating of bin storage area.

During the discussion, members made it clear that they were unhappy with the proposed parking areas.

On further discussion, it was proposed and seconded that the application be approved subject to a condition to agree an amendment to the village green area by relocating the bin storage area (to be agreed by the Ward Members), the omission of the car port to bungalow parking area, additional biodiversity condition and an amendment to condition 24 to agree an alternative parking strategy (to be agreed by the Ward Members)

On being put to the vote, this was carried 6 in support, 3 against with 1 abstention.

RESOLVED:  that planning application 16/04434/FUL be approved on or after the 3rd April 2017 as per the officers recommendation with additional conditions to agree an amendment to the village green area that relocate the bin storage area (to be agreed by the Ward Members), omission of the car port to bungalow parking area, additional biodiversity condition and an amendment to condition 24 to agree an alternative parking strategy (to be agreed by the Ward Members)

a)         The prior completion of a section 106 agreement or unilateral undertaking (in a form acceptable to the Council's solicitor(s)) before the decision notice granting planning permission is issued to:-

1)         Secure an appropriate scheme of phasing to ensure that works to restore the primary listed building are carried out in a timely fashion, to the satisfaction of the SSDC Conservation Officer.

2)         To secure a review mechanism in relation to the provision of affordable housing in order to recoup a fair proportion of any available surplus in the event that improved market conditions result in a surplus or 'super normal' profit for the applicant, to the satisfaction of the SSDC Strategic Housing Manager.

b) The following conditions:

Justification;

01.          The site is located within a sustainable location in an existing market town where the principle of residential development is acceptable. The development of the site would respect the character of the conservation area with no demonstrable harm to the character of the listed building, highway safety, protected species, protected trees, or residential amenity. The very limited harm to the setting of the listed building is outweighed by the benefits of the scheme. As such the proposal complies with local plan policies SD1, SS1, SS5, TA5, TA6, EQ2, EQ3, EQ4, and EQ5 and the aims and objectives of the NPPF.

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.       The development hereby permitted shall be carried out in accordance with the following approved plans: BN1/182/P001/C, BN1/182/P002/B, BN1/182/P-003/B, BN1/182/P-004/B, BN1/182/P-005/A, BN1/182/P-006/B, BN1/182/P-007/A, BN1/182/P-008/C, BN1/182/P-009/C, BN1/182/P-010/B, BN1/182/P-011/A, BN1/182/P-013/A, BN1/182/SK-014/A, BN1/182/SK-015, BN1/182/P-017 received 21 December 2017, BN1/182/P-016/C received 10 January 2017, and BN1/182/P-019 (Main House Bat Mitigation) received 03 February 2017.

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

03.       The construction of the pool replacement buildings shall not commence until details of the wall and roof materials, roof details (ridges, eaves, verges, abutments and rainwater goods), doors and windows (including recessing and lintel treatment), and any external fittings (including pipework, lighting, vents and grills) have been submitted to and approved in writing by the Local Planning Authority. This shall include the provision of samples where necessary and a sample panel of any new stonework. Once agreed the

development shall be carried out in strict accordance with the agreed details, unless written consent is given for any variation.

Reason: In the interests of visual amenity and to accord with Policies EQ2 and EQ3 of the South Somerset Local Plan.

04.       The construction of the gatehouse buildings shall not commence until details of the wall and roof materials, roof details (ridges, eaves, verges, abutments and rainwater goods), doors and windows (including recessing and lintel treatment), and any external fittings (including pipework, lighting, vents and grills) have been submitted to and approved in writing by the Local Planning Authority. This shall include the provision of samples where necessary and a sample panel of any new stonework. Once agreed the development shall be carried out in strict accordance with the agreed details, unless written consent is given for any variation.

Reason: In the interests of visual amenity and to accord with Policies EQ2 and EQ3 of the South Somerset Local Plan.

05.       The construction of the three dwellings in the southeast corner of the site shall not commence until details of the wall and roof materials, roof details (ridges, eaves, verges, abutments and rainwater goods), doors and windows (including recessing and lintel treatment), and any external fittings (including pipework, lighting, vents and grills) have been submitted to and approved in writing by the Local Planning Authority. This shall include the provision of samples where necessary and a sample panel of any new stonework. Once agreed the development shall be carried out in strict accordance with the agreed details, unless written consent is given for any variation.

Reason: In the interests of visual amenity and to accord with Policies EQ2 and EQ3 of the South Somerset Local Plan.

06.       No work shall be carried out to the coach house until full details of any external works (including, but not exclusively, details of all external repair and alteration, covering works to windows, stonework, roofs and any additional vents/flues etc) have been submitted to and approved in writing by the Local Planning Authority. This shall include the provision of samples where necessary and a sample panel of any new stonework. Once agreed the development shall be carried out in strict accordance with the agreed details, unless written consent is given for any variation.

Reason: In the interests of visual amenity and to accord with Policies EQ2 and EQ3 of the South Somerset Local Plan.

07.       The construction of the car port to serve the pool replacement buildings shall not commence until details of the wall and roof materials, and roof details (ridges, eaves, verges, abutments and rainwater goods), have been submitted to and approved in writing by the Local Planning Authority. This shall include the provision of samples where necessary. Once agreed the development shall be carried out in strict accordance with the agreed details, unless written consent is given for any variation.

Reason: In the interests of visual amenity and to accord with Policies EQ2 and EQ3 of the South Somerset Local Plan.

08.       The construction of the bin store shall not commence until details of the wall and door materials have been submitted to and approved in writing by the Local Planning Authority. This shall include the provision of samples where necessary. Once agreed the development shall be carried out in strict accordance with the agreed details, unless written consent is given for any variation.

Reason: In the interests of visual amenity and to accord with Policies EQ2 and EQ3 of the South Somerset Local Plan.

09.       No bat mitigation work shall be carried out to the principle priory building unless details of the bat entry points and associated separation partitions have been submitted to and approved in writing by the Local Planning Authority. Such details, once approved, shall not be altered without the prior written consent of the Local Planning Authority.

Reason: In the interests of visual amenity and to accord with Policies EQ2 and EQ3 of the South Somerset Local Plan.

10.       No work shall be carried out to the exterior of the principle priory building unless a schedule of work has been submitted to and approved in writing by the Local Planning Authority relating to all works of external repair. This shall include works to the roofs, walls, windows and doors. Such details, once approved, shall not be altered without the prior written consent of the Local Planning Authority.

Reason: In the interests of visual amenity and to accord with Policies EQ2 and EQ3 of the South Somerset Local Plan.

11.       No work shall be carried out to fit any new doors, windows, boarding or other external opening to the principle priory building unless details of the design, materials and external finish of these elements have been submitted to and approved in writing by the Local Planning Authority. This will include detailed drawings including sections of at least 1:5. Such approved details, once carried out shall not be altered without the prior written consent of the Local Planning Authority.

Reason: In the interests of visual amenity and to accord with Policies EQ2 and EQ3 of the South Somerset Local Plan.

12.       No work shall be carried out to fit the roof lights to the principle priory building unless details of the units have been submitted to and agreed in writing by the Local Planning Authority. Unless otherwise agreed in writing, the roof lights shall be top hung and flush with the roof covering. Such approved details once carried out shall not be altered without the prior written consent of the Local Planning Authority.

Reason: In the interests of visual amenity and to accord with Policies EQ2 and EQ3 of the South Somerset Local Plan.

13.       No work shall be carried out to add any external fixtures to the principle priory building unless details of such fixtures have been submitted to and approved in writing by the Local Planning Authority. This shall include external signage, lighting and metre boxes (which should be fitted internally). Such approved details, once carried out shall not be altered without the prior written consent of the Local Planning Authority.

Reason: In the interests of visual amenity and to accord with Policies EQ2 and EQ3 of the South Somerset Local Plan.

14.       No works are to be undertaken to any structural timbers in the principle priory building until details of any alteration have been submitted to and approved in writing by the Local Planning Authority. The works will only be undertaken in accordance with the agreed details, and if found to be impracticable will cease until an alternative has been agreed. Any intervention into historic fabric will be minimal with the introduction of additional timber or steel to the structure always being preferred to the replacement of timber.

Reason: In the interests of visual amenity and to accord with Policies EQ2 and EQ3 of the South Somerset Local Plan.

15.       No work shall be carried out to fit any new WCs, bathrooms, kitchens or utility rooms within the principle priory building unless details of all new services to such rooms, including details of routes of foul water and any ventilation or extraction have been submitted to and approved in writing by the Local Planning Authority. Such approved details, once carried out shall not be altered without the prior written consent of the Local Planning Authority.

Reason: In the interests of visual amenity and to accord with Policies EQ2 and EQ3 of the South Somerset Local Plan.

16.       No work shall be carried out to the interior of the principle priory building unless details of all new and replacement plasters, renders, floor surfaces, ceilings etc, including any making good of any existing structure abutting any of those to be demolished, have been submitted to and approved in writing by the Local Planning Authority. These details shall be submitted in the format of a room by room schedule as necessary. Such approved details, once carried out shall not be altered without the prior written consent of the Local Planning Authority.

Reason: In the interests of visual amenity and to accord with Policies EQ2 and EQ3 of the South Somerset Local Plan.

17.       No doors shall be removed from the principle priory building until a door schedule has been submitted to and approved in writing by the Local Planning Authority. The schedule shall include a survey of all existing doors, an estimate of age and significance, which doors are to be retained in situ and which doors to be resited and to what location. Any alterations to the doors must be specified. Such approved details, once carried out shall not be altered without the prior written consent of the Local Planning Authority.

Reason: In the interests of visual amenity and to accord with Policies EQ2 and EQ3 of the South Somerset Local Plan.

18.       No work shall be carried out to the principle priory building in relation to the upgrading to existing floors and walls to improve acoustic and fire separation between the units unless details of such work has been submitted to and agreed in writing by the Local Planning Authority. Such approved details, once carried out shall not be altered without the prior written consent of the Local Planning Authority.

Reason: In the interests of visual amenity and to accord with Policies EQ2 and EQ3 of the South Somerset Local Plan.

19.       No development shall commence until a surface water drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed and shall be maintained to a fully functional capacity thereafter, unless otherwise agreed in writing with the Local Planning Authority.

Reason: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the surface water drainage system.

20.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no garages or outbuidings shall be erected on site [other than those expressly authorised by this permission].

Reason: In the interests of visual amenity and to accord with Policies EQ2 and EQ3 of the South Somerset Local Plan.

21.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no extensions or other external alterations shall be made to the buildings hereby approved.

Reason: In the interests of visual amenity and to accord with Policies EQ2 and EQ3 of the South Somerset Local Plan.

22.       The development hereby permitted shall not commence until a Construction Traffic Management Plan has been submitted to and approved in writing by the Local Planning Authority (in consultation with Somerset County Council). The plan shall include construction vehicle movements, construction operation hours, construction vehicular routes to and from site, construction delivery hours, expected number of construction vehicles per day, car parking for contractors, specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice and a scheme to encourage the use of public transport amongst contractors. The development shall be carried out strictly in accordance with the approved Construction Traffic Management Plan.

Reason: In the interests of highway safety and in accordance with policies TA5 and TA6 of the South Somerset Local Plan.

23.       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 policies TA5 and TA6 of the South Somerset Local Plan.

24.       Notwithstanding the details shown on drawings BN1/182/P-001C and BN1/182/P-017, no permission is hereby given to the parking arrangements applied for. Prior to the commencement of development on site a revised parking strategy shall be agreed in writing with the local planning authority. The works shall be implemented in accordance with the approved details, unless otherwise approved in writing by the local planning authority and the area allocated for parking and turning on the approved 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 interests of highway safety and in accordance with policies TA5 and TA6 of the South Somerset Local Plan.

25.       Prior to commencement of the development, site vegetative clearance, demolition of existing structures, ground-works, heavy machinery entering site or the on-site storage of materials, the submitted scheme of tree protection measures (Ref: Arboricultural Method Statement ATC/350/C and Tree Protection Plan ATC/350 Appendix 5 as prepared by Astill Treecare Ltd), specifically the fencing and signage requirements; shall be installed and made ready for inspection. A site meeting between the appointed Site Manager and the Council's Tree Officer shall then be arranged at a mutually convenient time. The locations and suitability of the tree protection measures 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 and shall remain so for the duration of the construction of the development. The protective fencing and signage may only be moved or dismantled with the prior consent of the Council in-writing.

Reason: To preserve existing landscape features (trees and hedgerows) in accordance with the following of the Council's policies as stated within The South Somerset Local Plan (2006 - 2028); EQ2: General Development, EQ4: Bio-Diversity & EQ5: Green Infrastructure.

26.       The development hereby permitted shall not be commenced until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of the development, as well as details of any changes proposed in existing ground levels, and full details of all hard surfacing and boundary treatments. The scheme shall also include a scheme of tree and shrub planting. Such a scheme shall include numbers of individual species, sizes at the time of planting, whether container-grown or cell-grown and the approximate date of planting. The installation details regarding ground preparation, staking, tying, guarding and mulching shall also be included in the scheme. All planting, seeding, turfing or earth moulding comprised in the approved details of landscaping shall be carried out within the next planting season following the commencement of any aspect of the

development hereby approved; and if any trees or shrubs which within a period of ten years from the completion of the development die, are removed or in the opinion of the Council, become seriously damaged or diseased, they shall be replaced in the next planting season with trees/shrubs of the same approved specification, unless the Local Planning Authority gives written consent to any variation.

Reason: In the interests of visual amenity and to accord with Policies EQ2 and EQ3 of the South Somerset Local Plan.

27.       No works shall commence to the Priory (main house) and no activities that could result in disturbance to bats (including second phase of tree/shrub/hedge/scrub clearance, and demolition of the pool building) shall commence until the following have been submitted to and approved in writing by the Local Planning Authority:

·         Emergence/re-entry bat surveys undertaken between April and September, and in accordance with Industry best practice;

·         full details of mitigation measures to avoid, mitigate and compensate for harm to bats and their roosts, including key flight lines;

·         a lighting scheme that minimises lighting disturbance to bats.

Emergency safeguarding works to the Priory may be undertaken at any time but any such works to the upper

storeys, roof voids, or roof coverings shall only be undertaken with approval from a Natural England licenced

bat ecologist. The works shall be implemented in accordance with the approved details and timing of the approved bat

mitigation measures, as modified to meet the requirements of any 'European Protected Species Mitigation

Licence' issued by Natural England, unless otherwise approved in writing by the local planning authority.

Under no circumstances should any other external lighting be installed without prior consent from the local

planning authority.

Reason: For the conservation and protection of species of biodiversity importance (bats) 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.

28.       No construction lighting shall be used post official sunset time and prior to official sunrise time from the 1^st April to the 30th September (i.e. no lighting during spring and summer months).

Reason: To avoid potentially significant disturbance, and disruption to roost access and exit, to a light sensitive species of bat of high conservation importance, and to ensure compliance with wildlife legislation.

29.       The development hereby permitted shall not be commenced (including any ground works or site clearance) until a survey to determine presence/absence of slow worms, plus if present, a mitigation plan or method statement detailing measures to avoid harm to slow worms, has been submitted to and approved in writing by the local planning authority. The works shall be implemented in accordance with the approved details and timing of the mitigation plan / method statement, unless otherwise approved in writing by the local planning authority.

Reason: For the protection and conservation of a priority species in accordance with policy EQ4 of the South Somerset Local Plan, NPPF and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended).

30.       The development shall not commence until there has been submitted to, and approved in writing by the Local Planning Authority, a badger mitigation plan or method statement detailing measures for precommencement update surveys, minimising disturbance and harm to badgers, protection of badger setts, enabling badgers continued access within their territory as appropriate for their welfare, and details of badger barrier fencing to minimise conflict between badgers and future householders (if considered appropriate).

The works shall be implemented in accordance with the approved details and timing of the plan, unless otherwise approved in writing by the local planning authority.

Reason: For the conservation and protection 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 Protection of Badgers Act 1992.

31.       Prior to the commencement of the dwellings hereby approved details of measures for the enhancement of biodiversity, which shall include the provision of 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.

32.       Notwithstanding the details shown on drawings BN1/182/P-001C, BN1/182/P-018A and BN1/182/P-019A(Refuse Distribution), no permission is hereby given to the refuse storage and distribution arrangements applied for. Prior to the commencement of development on site a revised refuge storage and distribution strategy shall be agreed in writing with the local planning authority. The works shall be implemented in accordance with the approved details, unless otherwise approved in writing by the local planning authority.

Reason: In the interest of residential and visual amenity and in accordance with policies EQ2 and EQ3 of the South Somerset Local Plan.

33.       Notwithstanding the details shown on drawings BN1/182/P-001C and BN1/182/P-017, no permission is hereby given to the proposed pool replacement carport.

Reason: In the interest of residential and visual amenity and in accordance with policies EQ2 and EQ3 of the South Somerset Local Plan.

Informatives:

01.       Before this development can commence, a European Protected Species Mitigation Licence (under The Conservation (Natural Habitats, &c.) Regulations 2010) will 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.

(Voting: 6 in support, 3 against and 1 abstention)