Agenda item

The Planning Officer presented the application as detailed in the agenda and with the aid of a power point gave a presentation showing the site and proposed plans. 

He updated members that Barwick & Stoford Parish Council had raised strong objection to the application and that East Coker Parish Council also raised concern regarding the increase in traffic especially turning right onto the Dorchester Road.

He also informed members that although issues raised were mainly highway concerns, SCC Highways had raised no objection to the application.  He suggested however that should members be minded to approve the application that the recommendation be amended to include ‘subject to a receipt of a Traffic Management plan for car boot sales at Yeovil Showground, as required by the S106’.

He concluded that on this basis and with the amendment to his recommendation as previously read out was to approve the application for reasons as set out in the agenda report.

In response to members’ questions, the Planning Officer and Area South Lead clarified:

·         Permitted development rights to run car boot sales exist in any case.

·         This application only seeks to release the ‘Specified Land’ from the Section 106 Legal agreement.

·         Appreciate the concerns of members regarding highway traffic safety however referred to the Highways Authority’s comments who considered the likely increase in traffic movement was not severe enough to warrant an objection on traffic impact grounds.

Councillor Cathy Bakewell, Ward member questioned what the owners were trying to achieve and believed that the possibility of additional car boot sales would cause a significant obstruction to the surrounding area which included a main route to the train station and was popular for dog walkers, horse riders etc and would therefore not support the application.

Councillor Gina Seaton, Ward member voiced her concern regarding the impact the increase in traffic would have on the surrounding roads and busy junction onto the Dorchester Road and the need to preserve the conservation area.

During member’s discussion, comments were made including the following:

·         Concerns raised regarding highway safety due to the increase in traffic in the area.

·         Believed the reasons for the application were purely financial, but for this incentive the owners of the ‘Specified Land’ would not have entered into the Section 106 agreement in the first place.

·         Appreciated the concerns of the Ward members regarding the highway safety issues but acknowledged that the SCC Highway Authority raised no objection to the application.

·         Unconvinced the release of the Specified Land would make much difference as other surrounding land could be used for car boot sales should the applicant wish to do so.

In response to comments made the Legal Services Manager clarified that under permitted development rights up to 14 car boot sales a year could be run from the Specified Land if it were released from the agreement.  However, she advised members that the legislation did not give anyone carte blanche to hold further car boots sales, as the exercise of permitted development rights was subject to certain other conditions and limitations.

She explained that the legal test for such applications was whether the existing obligation continued to serve a useful purpose.  The question for members therefore was whether the retention of the Specified Land within the agreement continued to serve such a purpose e.g. does it prevent unacceptable traffic impacts.

Following a short discussion it was then proposed and subsequently seconded to approve the application as per the officer’s recommendation, the Legal Services Manager request for clarity that the variation only refers to the two pieces of ‘Specified Land’ and also the amendment previously read out to include ‘subject to a receipt of a Traffic Management plan for car boot sales at Yeovil Showground, as required by the S106’. 

On being put to the vote this was carried by 8 votes in favour and 6 against. 

RESOLVED:

That the Section 106 agreement dated 13 September 1999 and made between: South Somerset District Council(1), the Trustees of Yeovil Agricultural Society(2) and William Batten, Susan Batten and David Batten(3) be modified by the release of the ‘Specified Land’ from the agreement subject to the receipt of an updated traffic management plan for car boot sales at Yeovil Showground as required by the s106 agreement.

SUBJECT TO THE FOLLOWING:

Informatives:

01.  A copy of this decision will be sent the Councils Land Charges Department and Legal Department so that they can remove the restriction from their records. A copy of this certificate should be retained and kept with the deeds of the property.

02.  That the variation only refers to the two pieces of land comprising ‘the Specified Land’ as defined in the agreement.

(voting: 8 in favour, 6 against)