Planning Application 19/00655/OUT - Land OS 9609 Brewham Road, Bruton
Application Proposal: Outline planning permission is sought for the development of up to 60 residential dwellings (Use Class C3), together with associated highways and drainage infrastructure, public open space and landscaping. Details of access are submitted for approval with all other matters (Layout, Scale, Appearance and Landscaping) reserved for later approval.
The Planning Specialist presented his report to members. He explained that the application was an outline application for up to 60 dwellings and that all matters, except access, would be considered by a later reserved matters application.
Using a PowerPoint presentation, he provided plans to show the location of the site and photographs of the site and access. He also pointed out the position of the junction in relation to the Old Toll House at the corner of Frome Road and Brewham Road.
He explained that the layout plan which had been provided was an indicative plan, and also showed the indicative drainage strategy plan and position of the proposed large attenuation pond. He advised members that both the Environment Agency and Lead Local Flood Agency were satisfied with the proposal subject to a detailed drainage condition.
He detailed the access and visibility splay as proposed, explaining that the proposed visibility splay was more than normally required. He also explained that the proposal included a new pavement to link the development to the town, which would be situated the south of the development, adding that a priority system for vehicles approaching from the west, was also proposed on the road along the north of the site. The proposal had been considered and audited by Somerset County Council and had passed the tests which were carried out.
Photographs on the site and the surrounding area, to include the access, were shown to members.
The Planning Specialist advised that a number of planning applications for housing developments had recently been approved in Bruton, which totalled 193 new dwellings.
He explained that the additional 60 dwellings which were proposed as part of this application would exceed the minimum target of planned houses to be built in Bruton by 24%. However, as this was only a minimum target figure and that the current local plan policy is now considered out of date, only minimum weight can be given and therefore he felt that this would not be considered significant.
In summary, he felt that the key considerations for members would be drainage and highway safety, however advised that it was his recommendation that the application be approved.
Councillor Lucy Trimnell SSDC Ward member then spoke in objection to the application. Her comments included:
· Additional traffic which would be created by this proposal was a concern, especially when considering other new housing developments in the area.
· Pedestrian access which would be created would be unsafe.
· Local facilities such as the local primary school and doctor’s surgery cannot cope with the increase.
· Concerns regarding flooding and impact this will have on the area and local roads.
· Impact on Ecology and local wildlife.
· Already have safety concerns with children walking to school which will only be exacerbated by lorries and the narrowing of roads.
· Welcomed new affordable homes in the town, and this would help the national housing shortage, however this site was not suitable for development.
· Believed there a lot to be rectified and considered before making a decision.
Members of the Bruton Town Council spoke in objection to the application. Their comments included;
· Bruton welcomes new, well-designed homes in suitable locations.
· A clear need for 2 or 3 bedroom homes as well as affordable homes had been identified.
· 60 homes is too excessive for this site.
· Supported the Area East Committee reasons for refusal of this application.
· The Parish Council disagree with the SCC Highway comments as pedestrian routes are unsafe.
· This is the third scheme submitted as the first two were rejected and believed this proposal to still be unacceptable.
· Unsustainable location and as a leading Council for the environment strategy need to offer alternative transport as this proposal would only generate an increase in car use.
Members of the public addressed the Committee to speak in objection to the proposal. Their comments included;
· The footpath can be overrun with vehicles and will be unsafe for pedestrians and local school children. Walking to school is already a scary experience.
· In this current climate why the urgency to continue development with no thought for environmental issues to protect the future of our planet and communities.
· There is little benefit to the community. The developer has built another scheme in the town and provided only 18% of the development as affordable housing after they promised 35%.
· The road is frequently used by large vehicles.
· There are missing footpath links, which does not encourage walking or cycling. The route that has been provided is dangerous; most cars drive in excess of 40mph along this stretch.
· The swept path analysis which has been provided in flawed and an alternative access should be proposed.
· The narrowing of the road will make the road more dangerous and will make driving large agricultural vehicles difficult. Trailers will overhang pavement when turning.
· It is already difficult turning onto Brewham Road from Frome Road
· The road is dangerous and often used by lorries and tractors. It will become terrifying is the road is narrowed.
· Concerns over drainage on the site. The existing drain and sewer cannot cope with the rapid surface water drainage. No evidence has been provided to show that the problem will not be worsened by the proposal.
· Dropping Lane has huge run off flooding issues and there will be a cumulative effect.
· Proposal would have an impact on Toll House which is a listed building so would have impact on heritage asset.
· This proposal would take level of growth for Bruton over the target set out in the Local plan and therefore contrary to NPPF and SSDC local plan.
· There have been over 100 objections to the scheme as well as a petition.
A representative from Hydrock addressed the committee and although appreciated the concerns raised believed on balance the technical assessments and traffic issues were low. He said the technical submissions had been accepted and approved by the highways authority and therefore the proposal was in accordance with the NPPF.
The agent then addressed the committee. He explained that currently SSDC do not have a five year land supply and considered this a sustainable location for Bruton with residents able to walk to the town centre from the site. He said there had been no technical objections from any statutory consultees and highlighted that new homes are needed in Bruton and that no affordable housing had been delivered in Bruton since 2012. He further explained that the proposal will provide high quality and affordable homes and would help contribute to the town and its local people.
The applicant addressed the Committee. He referred to the good consultation with the Town Council and that the scheme would deliver 50% of two bed dwellings or less. Acorn Developments had recently built another development in Bruton and explained that this was a successful development, which provided high quality homes. He advised that the proposed development along Brewham Road would also provide high quality homes and understood the highway concerns, adding that a footpath had been proposed to try to overcome some concerns. He noted no technical objections had been received.
During members discussion several comments were made including:
· Access is poor and this would make the road narrower with the alternative pedestrian route insufficient.
· No thought for environmental issues to protect the future of our planet and communities.
· Impact on the heritage assets and the listed Toll House.
· Concerns over drainage on the site. The existing drain and sewer cannot cope with the rapid surface water drainage. No evidence has been provided to show that the problem will not be worsened by the proposal.
· The road is dangerous and frequently used by HGV’s. It will become terrifying if the road is narrowed and will not encourage residents and children to walk.
· The road is already frequently used by large vehicles and therefore believe the proposal would be an improvement.
· Affordable housing is much needed.
· Appreciate would take the level of growth above the target for Bruton, however this is a district wide issue and would not stand up at appeal.
· Noted all statutory consultees had raised no objections.
· Appreciate concerns raised regarding highway safety but believe on balance with the road improvements and the delivery of much needed affordable housing consider the proposal to be acceptable.
At the conclusion of the debate, the proposal to grant permission was carried by 9 votes in favour, 3 against and 0 abstentions.
RESOLVED: That Planning Application 19/00655/OUT be GRANTED permission for the following reason:-
Permission be granted subject to -
a) The prior completion of a section 106 agreement (in a form acceptable to the Council's solicitor(s)) before the decision notice granting planning permission is issued to secure:
i. A Travel Plan to the satisfaction of the Highway Authority;
ii. The provision of 35% affordable housing with a split of 80:20, social rent : intermediate product;
iii. Financial contributions of £2,370 per dwelling to be paid to South Somerset District Council Sports, Arts, and Leisure;
iv. Provision of a centrally located area of 500m2 for a LEAP;
v. Details of the management company to maintain the informal open space
b) planning conditions
01. The Council's lack of a five year housing land supply lends significant weight when considering the planning balance. In this case, the site is located in a sustainable location with access to a high range of services and facilities. The proposal is not considered to result in a significant and adverse impact upon the settlement hierarchy, historic environment, visual amenity, residential amenity, highway safety, flood risk, or ecology/biodiversity. Therefore, in terms of the 'planning balance', it is considered that there are no adverse impacts that would 'significantly and demonstrably' outweigh the benefits of providing up to 60 homes (35% of which will be affordable) to the Council's under-supply. The proposal is considered to be in accordance with policies SD1, SS5, SS6, HG3, HG5, TA1, TA4, TA5, HW1, EQ1, EQ2, EQ3, EQ4, and EQ5 of the South Somerset Local Plan 2006-2028 and the aims and objectives of the NPPF.
SUBJECT TO THE FOLLOWING:
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 scale, layout, appearance, and landscaping of the development, referred to in this permission as 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 be carried out in accordance with the following approved plans:
Site Location Plan (Drg 200)
Drawing No. 09637-HYD-XX-XX-DR-TP-0101 revision P04
Drawing No. 09637-HYD-XX-XX-DR-TP-0109 revision P03
Drawing No. 09637-HYD-XX-XX-DR-TP-0110 revision P02
Reason: For the avoidance of doubt as to the development authorised and in the interests of proper planning.
04. The dwellings hereby permitted shall be constructed to accord with sustainable construction principles with a fabric specification which exceeds the minimum elemental requirements of Part L1A of the Building Regulations.
Reason: To provide low energy, sustainable dwellings, in accordance with policy EQ1 of the South Somerset (2006-2028) and the provisions of the NPPF.
05. Before any work is commenced a programme showing the phasing of the development shall be submitted to and approved in writing by the Local Planning Authority and the development of the estate shall not proceed other than in accordance with the approved programme.
Reason: In the interests of highway safety, efficiency, and for the encouragement of modal shift, in accordance with policies TA1 and TA5 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.
06. No development shall commence unless a Construction Environmental Management Plan has been submitted to and approved in writing by the Local Planning Authority. The works shall be carried out strictly in accordance with the approved plan. 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 all contractors;
· Specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice;
· A scheme to encourage the use of Public Transport amongst contractors;
· Measures to avoid traffic congestion impacting upon the Strategic Road Network;
· On-site vehicle wheel washing facilities
Reason: In the interests of amenity and highway safety, in accordance with policies EQ2 and TA5 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.
07. 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 occupation and thereafter maintained at all times.
Reason: In the interests of proper surface water management and highway safety and efficiency, in accordance with policies EQ1 and TA5 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.
08. Prior to first occupation of any dwelling a package of mitigation measures shall be constructed entirely at the developer's expense. These measures, as shown on plan number 09637-HYD-XX-XX-DR-TP-0109 rev P02 shall include;
· Surface improvements on Darkey Lane
· A pedestrian/cycling link into the site from Darkey Lane
· A new 1.2m wide footway along the southern side of Brewham Road between the junction of Darkey Lane and the existing footway on the southern side of Frome Road with a suitable dropped crossing/tactile pacing at the junction of Bruelands
· A section of priority working on Brewham Road including appropriate signage and linin
· A new gateway feature east of Darkey Lane to reinforce the 30mph speed limit
Reason: In the interests of highway and pedestrian safety, in accordance with policy TA5 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.
09. The proposed estate roads, footpaths, tactile paving, cycleways, 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, car, motorcycle and cycle pavement, 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 highway safety and the creation of quality places, in accordance with policies TA5 and EQ2 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.
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 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: To allow future occupants to traverse the site safely and conveniently during the construction phase.
11. The development hereby permitted shall not be occupied until parking spaces for each dwelling are properly consolidated and surfaced turning spaces for vehicles have been provided and constructed within the site in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority. Such parking and turning spaces shall be kept clear of obstruction at all times and shall not be used other than for the parking and turning of vehicles in connection with the development hereby permitted.
Reason: To secure adequate on-site parking and turning provisions and in the interests of highway safety, in accordance with policies TA5 and TA6 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.
12. There shall be no obstruction to visibility greater than 300 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 79m to the west and 84m to the east of the new access. Such visibility shall be fully provided before the development hereby permitted is first occupied and shall thereafter be maintained at all times.
Reason: In the interests of highway safety, in accordance with policy TA5 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.
13. Before the commencement of the development hereby permitted the applicant, or their agents or successors in title, shall have secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation (WSI) which has been submitted and approved in writing by the Planning Authority. The WSI shall include details of the archaeological excavation, the recording of the heritage asset, the analysis of evidence recovered from the site and publication of the results. The development hereby permitted shall be carried out in accordance with the approved scheme.
Reason: To secure a programme of archaeological work and record any heritage assets, in accordance with policy EQ3 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.
14. The works (including ground works and vegetation clearance) shall not in any circumstances commence unless the local planning authority has been provided with either:
a) a copy of the licence issued by Natural England pursuant to Regulation 55 of The Conservation of Habitats and Species Regulations 2017 authorising the development to go ahead; or
b) a statement in writing from the licensed hazel dormouse ecologist to the effect that he/she does not consider that the development will require a licence.
Reason: A pre-commencement condition in the interests of the strict protection of a European protected species and in accordance with policy EQ4 of the South Somerset Local Plan.
15. No development shall take place (including demolition, ground works, vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the local planning authority. The CEMP (Biodiversity) shall include the following:
a) Risk assessment of potentially damaging construction activities.
b) Identification of biodiversity protection zones.
c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements).
d) The location and timing of sensitive works to avoid harm to biodiversity features.
e) The times during construction when specialist ecologists need to be present on site to oversee works.
f) Responsible persons and lines of communication.
g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person.
h) Use of protective fences, exclusion barriers and warning signs.
The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local planning authority.
The CEMP will also include details of protection measures to be put into place to protect roosting bats, breeding birds, badgers, reptiles, amphibians and all retained boundary habitat during the construction phase in addition to measures to prevent damage to the drain of the River Brue and sensitive ecological habitats and also pollution prevention measures to protect the water courses in line with the Environment Agency guidelines.
Reason: To safeguard ecology/biodiversity, in accordance with policy EQ4 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.
16. Prior to the first occupation for any reason, a lighting design for bats shall be submitted to and approved in writing by the local planning authority. The strategy shall:
a) identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around resting places or along important routes used to access key areas of their territory, for example, for foraging; and
b) show how and where external lighting will be installed (through the provision of lighting contour plans and technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.
All external lighting shall be installed in accordance with the specifications and locations set out in the design, and these shall be maintained thereafter in accordance with the design. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.
Reason: In the interests of the Favourable Conservation Status of populations of European protected species and in accordance with policy EQ4 of the South Somerset Local Plan.
17. A Landscape and Ecological Management Plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to the commencement or occupation of the development [or specified phase of development]. The content of the LEMP shall include the following:
a) Description and evaluation of features to be managed.
b) Ecological trends and constraints on site that might influence management.
c) Aims and objectives of management. [biodiversity enhancements including]
d) Appropriate management options for achieving aims and objectives.
e) Prescriptions for management actions.
f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).
g) Details of the body or organization responsible for implementation of the plan.
h) On-going monitoring and remedial measures.
The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme. The approved plan will be implemented in accordance with the approved details.
Reason: In the interests of the Favourable Conservation Status of populations of European protected species, UK protected species and biodiversity generally and in accordance with policy EQ4 of the South Somerset Local Plan.
18. The following will be integrated into the structure of the dwelling or mounted on trees:
a) Five Schwegler 1A swift bricks or similar not less than 60cm apart under the eaves, away from windows and at least 5m above ground level of northerly elevations of five houses
b) A Schwegler 1SP sparrow terrace or similar under the eaves and away from windows of northerly facing elevations on five house
c) Five Schwegler 1B nest boxes (32mm hole) mounted accordingly on suitable trees
d) A bee bricks will be installed 1 metre above ground level on a south or southeast facing elevation of each house
A scheme showing the locations of the installed features will be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the structural works. The features will be installed in accordance the approved scheme.
Reason: In accordance with Government policy for the enhancement of biodiversity within development as set out in paragraph 170(d) of the National Planning Policy Framework
19. 1. No development shall be commenced until details of the surface water drainage scheme, based on sustainable drainage principles, together with details of a programme of implementation and maintenance for the lifetime of the development, have been submitted to and approved in writing by the Local Planning Authority. This scheme should aim to enhance biodiversity, amenity value, water quality and provide flood risk benefit (i.e. four pillars of SuDS) to meet wider sustainability aims, as specified by The National Planning Policy Framework (July 2018) and the Flood and Water Management Act (2010). The drainage scheme shall ensure that surface water runoff post development is attenuated on site and discharged at a rate and volume no greater than greenfield runoff rates and volumes. Such works shall be carried out in accordance with the approved details.
These details shall include: -
· Details of phasing (where appropriate) and information of maintenance of drainage systems during construction of this and any other subsequent phases.
· 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 sustainable 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 must be allowed to flood during any storm up to and including the 1 in 30 event, flooding during storm events in excess of this including the 1 in 100yr (plus 40% allowance for climate change) must be controlled within the designed exceedance routes demonstrated to prevent flooding or damage to properties.
· 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, sustainable system of surface water drainage and that the approved system is retained, managed and maintained throughout the lifetime of the development, in accordance with National Planning Policy Framework (July 2018) and the Technical Guidance to the National Planning Policy Framework.
20. The development shall be carried out in accordance with the submitted flood risk assessment (Hydrock, Reference BRB-HYD-XX-XX-RP-D-5001) and the following mitigation measure it details in paragraph 6.2.1 'Flood Resistance and Resilience':
· Finished floor levels shall be set no lower than 62.5Maod
The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme's timing/phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.
Reason: To reduce the risk of flooding to the proposed development and future occupants.
01. Please be advised that subsequent full or reserved matters approval by South Somerset District Council will attract a liability payment under the Community Infrastructure Levy. CIL is a mandatory financial charge on development and you will be notified of the amount of CIL being charged on this development in a CIL Liability Notice.
You are required to complete and return Form 1 Assumption of Liability as soon as possible and to avoid additional financial penalties it is important that you notify us of the date you plan to commence development before any work takes place Please complete and return Form 6 Commencement Notice.
You are advised to visit our website for further details https://www.southsomerset.gov.uk/cil or email email@example.com
02. The applicant will be required to secure an appropriate legal agreement/ licence for any works within or adjacent to the public highway required as part of this development, and they are advised to contact Somerset County Council to make the necessary arrangements well in advance of such works starting.
03. Water efficiency measures should be incorporated into this scheme. This conserves water for the natural environment and allows cost savings for future occupants. The development should include water efficient systems and fittings such as: dual-flush toilets; water-saving taps; water butts; showers and baths. Greywater recycling and rainwater harvesting should also be considered.
04. Safeguards should be implemented during the construction phase to minimise the risks of pollution and detrimental effects to the water interests in and around the site. Such safeguards should cover the use of plant and machinery, oils/chemicals and materials; the use and routing of heavy plant and vehicles; the location and form of work and storage areas and compounds and the control and removal of spoil and wastes. We recommend the applicant refer to our Pollution Prevention Guidelines, which can be found at: https://www.gov.uk/guidance/pollution-prevention-for-businesses.
05. If any controlled waste is to be removed off site, then site operator must ensure a registered waste carrier is used to convey the waste material off site to a suitably authorised facility. If the applicant require more specific guidance it is available on our website https://www.gov.uk/how-to-classify-different-types-of-waste.
(voting: 9 in favour, 3 against, 0 abstentions)