Agenda item
Planning Application: 17/03409/OUT - Lamb Inn, Horton Cross, Ilminster
Minutes:
Application Proposal: Erection of 24 bed residential home and formation of new vehicular access (outline)
The Senior Planning Advisor presented the application and highlighted the key considerations. He explained that Highways were supportive in principle of the proposed access. The Planning Officer was recommending that a residential care home should be located closer to a town centre where it has a range of facilities and it was therefore considered that the site was located within an unsustainable location.
In response to member questions, the Senior Planning Advisor informed members of the following:
· The enforcement of a 30mph speed limit along the road was a Police issue.
· The scheme did not warrant putting in traffic lights or a pelican crossing.
· On balance Officers considered the application site to be isolated and not located within a sustainable location. Housing schemes should be within the existing hierarchy in town centres and rural settlements that have significant community facilities. The Local Plan did not support the development of a new settlement in this location.
The Committee was addressed by the Applicant’s Agent. He commented that the application was supported by the Parish Council and there was no local objection to the scheme. The application was identical to the one granted in 2008 and there had been no change in policy. The applicant would be willing for the design to be considered as part of reserved matters. The care home would be located in a quiet location for the benefit of its residents and was highly accessible to the road network which would be to the benefit of visitors.
The Ward Member did not agree that the site was unsustainable. She commented that the location was better served than many of the communities within the area. A public house was located down the road; there was also a Church, Monks Yard and a Petrol Station close by. She felt that a brownfield site should not be left undeveloped and that a business on the site would generate more traffic movements than a residential home.
During the discussion on the application, a number of members supported the views of the Ward Member. They were of the opinion that the application was located within a sustainable location and did not cause demonstrable harm to the surrounding area.
At the conclusion of the debate, it was proposed and seconded to approve the outline application contrary to the Planning Officer’s recommendation as the site was considered to be within a sustainable location, was in close proximity to a range of facilities and was not considered harmful to the surrounding area. On being put to the vote, the proposal was carried by 9 votes in favour and 3 against.
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RESOLVED: |
That Planning Application No. 17/03409/OUT be APPROVED contrary to the Planning Officer’s recommendation for the following reason:
01. The development by reason of its design, materials and scale respects the character and appearance of the area, will provide a safe means of access to and from the development, will make a valuable contribution to meeting local care needs, and will not cause any harm to the character and setting of heritage assets. The development is thereby in accordance with Policies SD1, HG6, TA5, TA6 EQ2 and EQ3 of the South Somerset Local Plan, and the NPPF.
SUBJECT TO THE FOLLOWING CONDITIONS: 01. The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.
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.
Reason: As required by Section 92(2) of the Town and Country Planning Act 1990.
03. 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; all planting, seeding, turfing or earth moulding comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the occupation of the building or the completion of the development, whichever is the sooner; and 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 protect the amenity of the area to accord with Policy EQ2 of the South Somerset Local Plan.
04. The area allocated for parking and turning on the submitted plan shall be kept clear of obstruction 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 to accord with Policy TA5 of the South Somerset Local Plan.
05. No works shall commence on the development hereby permitted until a highway scheme has been agreed in writing with the Local Planning Authority. The development will then not be brought into use until such a time that the agreed works are complete in accordance with the agreed scheme.
Reason: In the interests of highway safety to accord with Policy TA5 of the South Somerset Local Plan. 06. There shall be no obstruction to visibility greater than 600 millimetres above adjoining road level in advance of lines drawn 2.4 metres back from the carriageway edge on the centre line of the access and extending to points on the nearside carriageway edge 100 metres either side of the access. Such visibility shall be fully provided before the development hereby permitted is brought into use and shall thereafter be maintained at all times.
Reason: In the interests of highway safety to accord with Policy TA5 of the South Somerset Local Plan.
07. The development hereby permitted shall not be carried out in accordance with the following submitted plans: Location plan received 7th August 2017, block plan received 7th August 2017, Drawings numbered 3a and 3b received 7th August 2017.
Reason: To avoid doubt as the application has been amended and in the interests of proper planning.
08. The development hereby approved shall not be first brought into use until details for the boundary treatment has been submitted to and approved in writing by the Local Planning Authority. Once approved, the boundary details shall be fully erected prior to the first occupation of the residential care home.
Reason: To safeguard the rural character of the area and to provide a secure environment for future residents in accordance with Policies EQ2 of the South Somerset Local Plan 2006.
09. Before any of the development hereby permitted is commenced details of the internal ground floor levels of the building(s) to be erected on the site shall be submitted to and approved in writing by the Local Planning Authority.
Reason: To protect the character and appearance of the area in accordance with Policy EQ2 of the South Somerset Local.
10. Before the development hereby permitted is commenced, foul and surface water drainage details to serve the development, shall be submitted to and approved in writing by the Local Planning Authority and such approved drainage details shall be completed and become fully operational before the development hereby permitted is first brought into use. Following its installation such approved scheme shall be permanently retained and maintained thereafter.
Reason: To ensure that the development is satisfactorily drained to accord with the NPPF.
11. Prior to any vegetation clearance or other site preparation works, an ecological consultant shall be commissioned to undertake surveys of the site for legally protected species (to include reptiles and badgers). The results of the surveys shall be used to inform mitigation measures. The survey results and proposed mitigation measures shall be submitted to the local planning authority for approval in writing prior to commencing any vegetation clearance or other site preparation works. The approved mitigation measures shall be implemented in accordance with the approved details.
Reason: For the conservation of biodiversity in accordance with NPPF and Local Plan Policy EQ4, and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended).
12. Construction of the residential care home hereby permitted shall not be commenced until particulars of the materials (including the provision of samples where appropriate) to be used for external walls and roofs have been submitted to and approved in writing by the Local Planning Authority.
Reason: To protect the amenity of the area to accord with Policy EQ2 of the South Somerset Local Plan.
NOTES 01. The applicant will be required to enter into a suitable legal agreement with the Highway Authority to secure the construction of the highway works. The developer will need to make contact with the Highway Authority well in advance of work commencing in order to progress this agreement.
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(Voting: 9 in favour, 3 against)
Supporting documents:
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