Agenda item

Planning Application 19/00911/FUL - Land At Boozer Pit, Merriott, TA16 5PW

Minutes:

Application Proposal: Erection of 2 dwellings

The Specialist – Planning presented the application as outlined in the agenda with the aid of a powerpoint presentation. She explained that the site was located on the north eastern edge of Merriott and the proposal sought the infill of two detached dwellings. She referred to the site previously having an appeal in 2015 as there was a refusal on an outline application for 6 dwellings, 2 of which were affordable housing. The appeal was dismissed on the impact of the character of the area and sustainability. At the time of the appeal, it was acknowledged and assessed on the Council having a 5 year housing land supply. With regard to this application, she explained that the circumstances were different and the Local Plan was adopted in March 2015 and at the time of the outline application it had very little weight. The Council was currently unable to demonstrate a 5 year housing land supply therefore Policy SS2 currently carried little weight.

The Specialist – Planning explained that amended plans had been received and were acceptable to revise the design of house 1 to reflect the character of the area and to lower the ridge height on house 2. She advised that access to the site had been given consent in 2012 and was already in place. The Specialist – Planning outlined the key considerations which were principle of development, impact on visual amenity, impact on residential amenity and impact on highway safety. The Specialist – Planning recommended approval of the application subject to conditions.

In response to questions, members were informed of the following:

· As the application was for under 10 dwellings, an affordable housing contribution would not be sought.

· There was sufficient distance between the properties to alleviate any adverse overlooking. House 1 would be 33 metres from Farmhouse Cottage to the north. House 2 would be 10 metres from Half Moon House and there would be no windows on facing elevations.

· Education capacity was not taken into consideration on applications of this size.

· All comments received were taken into consideration in assessing the application.

· The site was some distance from the Conservation Area and was therefore not considered as part of the application.

The Committee was addressed by a representative from the Parish Council. Points raised related to the following:

· The Parish Council did not support development on good greenfield sites.

· The site was located outside of the residential area of the village.

· There was poor pedestrian access to the village from the site.

· The village had a comprehensive housing survey which showed an overwhelming need for affordable family homes.

The Committee was then addressed by two people (who were also speaking on behalf of a number of residents in Merriott) in objection to the application. Concerns raised related to the following:

· No proven need for three bedroomed properties in Merriott.

· Queried why no garages had been included on the properties.

· No consideration has been given to the loss of privacy caused by the proposed development on neighbouring properties.

· The two storey buildings would dominate the landscape and stand above the adjacent properties.

· No consideration made for the disposal of surface water run-off and the potential for ingress into the adjacent much lower properties.

· Effect of construction traffic on residential amenity.

· No condition to restrict construction traffic from obstructing Boozer Pitt.

· Concerns over the potential for development on land to the east.

· Site outside of village core and no justification for development.

· Development intrusive and can been seen from along the road.

· Development conflicts with EQ2 of the Local Plan.

· The access was approved on appeal for agricultural purposes only.

· The proposed properties did not contribute to the local housing need in the village.

· The proposal was not sustainable development.

The Committee was addressed by a representative speaking on behalf of the Applicants. Points raised related to the following:

· The application was supported by local tradesmen living in the Merriott area;

· A condition for an ecological assessment could be included in the scheme.

· The site plan included new hedgerow planting to the north and southern boundaries and tree planting along the roadside. Existing roadside and rear boundary hedges would be maintained and a full landscaping scheme would be submitted for approval.

· The intention to include air source heat pumps and solar roof panels.

· Electric car charging points would be provided for each dwelling.

· The proposal was in line with the Council’s recently adopted Environment Strategy.

The Committee was then addressed by the Applicant’s Agent. He advised that pre-application discussions had taken place and as a result of neighbourhood consultation one of the dwellings had been repositioned further away from a neighbouring property. He highlighted that much had changed since the refusal of 6 dwellings on the site in 2015; there was no constraint on development limits for Merriott, the Council did not have a 5 year housing land supply and there was more of a flexible approach to what represents a sustainable location for new housing in rural areas with less emphasis on pedestrian accessibility. One of the plots would be a self- build and the Council had a duty under sections 2 and 2A of the Self-build and Custom Housebuilding Act 2015 to give enough suitable development permissions to meet the identified demand. The high quality design of the scheme complemented the pattern of development in the area. He concluded that there was insufficient justification to warrant refusal of the application and that there was no intention to develop the land at the rear of the site.

Ward Member, Councillor Paul Maxwell stated that the site was located on a rural country lane on the edge of Merriott and the nature of the surrounding area was scattered homesteads with large gaps in between backed by open countryside. He was of the opinion that the proposal was infill building on a greenfield site and could easily be considered as building in the open countryside and was not within a sustainable location. There were no footpaths and people living in the dwellings would have to rely on private cars as there was no public transport and the nearest shop was approximately a mile away. He felt that the application would be harmful to the rural and village amenity, the residential amenity would have a harmful landscape impact and would impact upon the nearby Conservation Area. He noted that no ecological or bat survey had been undertaken on the site and there was likely to be wildlife present. He concluded that the proposal was against various policies and was therefore unable to support the application.

During the discussion on the application, members made the following comments:

· The site was not an isolated location.

· The design was sympathetic to the surrounding area.

· An infill site was more favourable than a bigger development.

· Good example of building that would have good green credentials and should be promoted.

In response to a member query over the conditions, the Specialist – Planning confirmed that Condition 5 would deal with road water run off on the highway and the other matters of water run off would be dealt with through building regulations. In regard to restricting further development, she advised that it would be unreasonable to impose such a condition as any development would have to be considered on its own merits. There was no condition to remove windows on the side elevation as any windows on a first floor property would be covered by General Permitted Development.

A proposal was made to refuse the application but did not receive a seconder. It was subsequently proposed and seconded to approve the application as per the Specialist – Planning’s recommendation outlined in the agenda. On being put to the vote the proposal was approved by 11 votes in favour, 1 against and 1 abstention.

RESOLVED:

That Planning Application No. 19/00911/FUL be APPROVED as per the Specialist – Planning’s recommendation for the following reason:

01. The proposed 2 no. dwellings, by reason of size, design, materials and location, will contribute to housing provision and growth in this sustainable location and respects the character of the area, the conservation area and causes no demonstrable harm to residential amenity, biodiversity or highway safety in accordance with the aims and objectives of policies SD1, SS1, SS2, SS4, SS5, EQ2, EQ3, EQ4, TA1, TA5 and TA6 of the South Somerset Local Plan (2006-2028) and the core planning principles of the National Planning Policy Framework.

SUBJECT TO THE FOLLOWING:

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: 617(00)05 Rev A, 617(00)01 Rev C, 617(00)02 Rev F, 617(00)03 Rev C, and 617(00)04 Rev B received 22nd August 2019.

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

03. Prior to commencement on the natural stone walls a sample panel shall be made available for inspection on site and shall show the stone to be used, mortar mix and coursing, the details shall be submitted to and approved in writing by the Local Planning Authority. Once approved such details shall be fully implemented unless agreed otherwise in writing by the Local Planning Authority.

Reason: In the interests of visual amenity and to accord with Policy EQ2 of the South Somerset Local Plan 2006-2028.

04. At the proposed main access there shall be no obstruction to visibility greater than 600 millimetres above adjoining road level within the visibility splays shown on the submitted Site Layout Plan (Drawing No 617(00)02 Rev F). Such visibility splays shall be maintained at all times.

Reason: In the interests of highway safety to accord with Policy TA5 of the South Somerset Local Plan (2006-2028) and the aims and provisions of the NPPF (2019).

05. 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. Once constructed, the system of interception shall be retained in a good state of repair thereafter at all times.

Reason: In the interests of highway safety to accord with Policy TA5 of the South Somerset Local Plan (2006-2028) and the aims and provisions of the NPPF (2019).

06. During construction of the proposed development, no construction traffic shall access or leave the site or construction works shall be undertaken on the site except between the hours 07.00hrs and 18.00hrs Monday to Friday and the hours of 08.00hrs and 16.00hrs on Saturdays and not at any time on Sundays, Bank or Public Holidays.

Reason: In order to protect residential amenity to comply with Policy EP3 of the South Somerset Local Plan (2006-2028) and the aims and provisions of the NPPF (2019).

07. Prior to first occupation of the dwellings hereby permitted, electric charging points (of a minimum 16amps) for electric vehicles shall be provided for each dwelling adjacent to their designated parking spaces or garages shown on the approved plan. Sufficient electric charging points for at least one per dwelling shall be provided in this way. Once installed such parking points shall be retained and maintained in working order, unless otherwise agreed in writing with the Local Planning Authority.

Reason: To ensure that the development is resilient and sustainable in accordance with Policy TA1 (Low Carbon Travel) of the adopted South Somerset Local Plan (2006-2028) and the aims and provisions of the NPPF (2019).

08. Prior to first occupation of the dwellings hereby permitted, a lighting design for bats shall be submitted to and approved in writing by the local planning authority. The design shall show how and where external lighting will be installed (including through the provision of technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory or having access to their 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 avoiding adverse impact on protected species in accordance with Policy EQ4 of the South Somerset Local Plan (2006-2028) and the aims and provisions of the NPPF (2019).

09. Prior to first occupation of the dwellings hereby permitted, the following will be installed into or onto the new dwellings accordingly:

• Four Schwegler 1a swift bricks or similar will be built into the wall under eaves and away from windows at least 5m above ground level on the north elevation of each dwelling

• A Habibat 001 bat box or similar will be built into the wall at least 4 metres above ground level of the south elevation of each dwellings

• One bee brick built into the wall about 1 metre above ground level on the south elevation of each dwelling.

Photographs of the installed features will be submitted to the local planning authority prior to the completion of the construction of each dwelling.

Reason: For the protection and enhancement of biodiversity in accordance with Policy EQ4 of the South Somerset Local Plan (2006-2028) and the aims and provisions of the NPPF (2019).

10. Any entrance gates shall be hung to open inwards only and thereafter shall be maintained in that condition at all times.

Reason: In the interests of highway safety further to policy TA5 of the South Somerset Local Plan 2006-2028.

11. The areas allocated for parking and turning on the approved plan shall be implemented prior to the first occupation of the dwellings hereby approved and shall be kept clear of obstruction and shall not be used other than for the parking of vehicles in connection with the dwellings hereby approved.

Reason: In the interests of highway safety, in accordance with policies TA5 and TA6 of the South Somerset Local Plan 2006-2028.

12. The windows and doors shall be of materials as indicated on the approved plans unless otherwise agreed in writing by this authority.

Reason: In the interests of visual amenity and to accord with Policy EQ2 of the South Somerset Local Plan 2006-2028.

13. Prior to commencement on the roofs a sample of the roof tiles shall be submitted to and approved in writing by the Local Planning Authority. Once approved such details shall be fully implemented unless agreed otherwise in writing by the Local Planning Authority.

Reason: In the interests of visual amenity and to accord with Policy EQ2 of the South Somerset Local Plan 2006-2028.

14. No works shall be undertaken until there has been submitted to and approved in writing by the Local Planning Authority, a scheme of landscaping. The submitted scheme shall clearly confirm the details and dimensions of any intended tree or shrub planting, earth-moulding, seeding, turfing and surfacing. All planting stock shall be confirmed as UK-grown, and details shall be provided in regards to the planting locations, numbers of individual species, sizes, forms, root-types/root volumes and the intended timing of planting. The installation details regarding ground-preparation, weed-suppression, staking/supporting, tying, guarding, strimmer-guarding and mulching shall also be included within the submitted scheme. All planting comprised in the approved scheme shall be carried out within the dormant planting season (November to February inclusively) 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 by the landowner in the next planting season with trees/shrubs of the same approved specification, in the same location; unless the Local Planning Authority gives written consent to any variation.

Reason: To ensure the planting of new trees and shrubs in accordance with the Council's statutory duties relating to The Town & Country Planning Act, 1990 (as amended)[1] and the following policies of The South Somerset Local Plan (2006 - 2028); EQ2: General Development, EQ4: Bio-Diversity & EQ5: Green Infrastructure

Informatives:

01. Please be advised that approval of this application 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.

(Voting: 11 in favour, 1 against, 1 abstention)

Supporting documents: