Agenda item

RESOLVED:

That planning application 19/01598/FUL be APPROVED, as per the officer recommendation, and subject to the following:

Justification

The proposal by reason of its size, scale and materials, is acceptable as it respects the character of the site and its surroundings, and has no detrimental impact on local ecology, residential amenity or highway safety. As such, the proposed development is considered to accord with the aims and objectives of policies SD1, TA1, TA5, TA6, EQ2 and EQ4 of the South Somerset Local Plan 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:

            2641 - PL - 3, 4, 5....39, 40 and 41 - Plots 1-7 Garage, Roof, Floor and Elevation Plans

            2641 - PL - 42 - Indicative Street Scene

            Extended Habitat Survey (April 2019) Country Contracts

            RMA - C1961-1 - Compton Dundon Drainage Strategy

            2641 - PL - 02 Rev B Site Plan

            2641 - PL - 01 Location Plan

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

03.       The area allocated for parking on the submitted plan number 2641-PL-02 rev A shall be kept clear of obstruction and shall not be used other than for parking 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 District Local Plan 2006-2028

04.       The proposed roads, footways, 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, drive gradients, car parking 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 in accordance with policies TA5 and TA6 of the South Somerset District Local Plan 2006-2028

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. Such provision shall be installed before the

            development 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 District Local Plan 2006-2028

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 vehicular access and extending to points on the nearside carriageway edge

            43 metres in both directions. 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 and in accordance with policies TA5 and TA6 of the South Somerset District Local Plan 2006-2028

07.       There shall be no obstruction to visibility greater than 600 millimetres above adjoining road level in advance of lines drawn 1.5 metres back from the carriageway edge on the centre line of the pedestrian access and extending to points on the nearside carriageway

            edge 43 metres in both directions. 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 and in accordance with policies TA5 and TA6 of the South Somerset District Local Plan 2006-2028

08.       No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority by the ecologist

            Reason: In the interests of nesting wild birds and in accordance with policy EQ4 of the South Somerset Local Plan.

09.       Badgers could be encountered during and post development. Appropriate impact avoidance and briefing of contractors and information for home occupiers should be provided as per the following conditions:

·      All contractors on site must be appropriately briefed by the Site manager, indicating that badgers are legally protected and must not disturbed.

·      Any construction excavations over 1 metre deep and left open overnight must be either cover plated or have a means of escape should a badger fall in. A suitable means of escape is a rough wood plank slowly inclined from the base of the excavation to the surrounding ground level.

·      Any construction opening larger than 125mm diameter of equivalent, must not be left open overnight.

·      New home occupiers must be advised by the Developer that badgers are active in the vicinity and that badgers and badger setts are legally protected.

            Reason: To ensure compliance with the Protection of Badgers Act 1992, which affords badger setts protection from intentional or reckless interference and in accordance with Policy EQ4 of the South Somerset District Local Plan.

10.       Potential resting places for reptiles were found on site in the form of log piles and other material, as such:

·      Any features, such as the spoil pile on the western edge of the site, which potentially afford resting places for reptiles and/or amphibians will be dismantled by hand, piles should be removed from the site in phases; beginning from the centre of the pile moving slowly outwards to give any protected species present time to disperse away and to avoid being isolated from ecological corridors that will provide a means of escape.

            Reason: In the interests of biodiversity and in accordance with Policy EQ4 of the South Somerset District Local Plan.

11.       Prior to the commencement of development a landscape plan shall be submitted to and approved by the LPA (and discharged through reviewing photographs of installed enhancements): 

·        Any new fencing must have accessible hedgehog holes, measuring 13cm x 13cm to allow the movement of hedgerows into and out of the site;

·        All new planting must be high nectar producing to encourage a range of invertebrates to the site, to provide continued foraging for bats. The planting must also appeal to night-flying moths which are a key food source for bats. The Royal Horticultural Society guide, "RHS Perfect for Pollinators, www.rhs.org.uk/perfectforpollinators" provides a list of suitable plants both native and non-native;

·        Where the landscaping scheme allows all new trees planted on site should ideally be from local native stock, such as field maple, ash, hornbeam, dogwood, spindle and beech;

·        At least four integrated bee bricks (https://www.nhbs.com/bee-brick) must be built into the external wall space of the new buildings. The bricks will be placed one meter above ground level on a south facing aspect, vegetation must not block the entrance holes.

·        A precautionary approach to the formation of the visibility splay and site access points is recommended. A Method Statement to minimise potential impact on wildlife when removing the roadside ditch and hedgerow section must be produced to inform and manage such works. The resulting method statement should be sent to South Somerset District Council prior to the commencement of works on site.

·        To enhance the local provision for bat roost sites at least four bat roost boxes, tubes or shelters must be installed on the new residences.

·        To compensate for the loss of potential nest sites at least 4 hole fronted bird nest boxes should be provided within the development.

            Reason:  In the interests of biodiversity and in accordance with Policy EQ4 of the South Somerset District Local Plan.

12.       Before any foul drainage pipe work is installed, the details of that system and how it will be implemented to ensure it results in a sealed system, must be submitted to and approved by the Local Planning Authority. The system must be installed entirely in accord with the agreed details.

            Reason: To ensure no groundwater enters the foul water drainage system within the site and in accordance with Policy EQ2 of the South Somerset District Local Plan.

13.      No approval is granted for the submitted building materials - revised details shall be submitted to and approved in writing by the local planning authority prior to the commencement of development. Details shall include:

-        Wall materials: Natural lias and ham stone with limited render

-        Roof: Natural slate or clay tiles

-        Windows & doors: Timber or at least re-constituted timber

-        Window and fascia colours: An off-white or other soft colour would be preferred

-        Black metal rainwater goods.

Reason: In the interests of visual amenity and to preserve the historic character of the street scene in accordance with Policies EQ2 and EQ3 of the South Somerset Local Plan (2006-2028).

14.      The proposed footpath to the village hall as shown on the plan refs. 2641 – PL-02 rev B and 2614 – PL-01 shall be implemented in accordance with a specification that shall have been first agreed in writing with the Local Planning Authority and shall be fully complete and available for use prior to the occupation of 50% of the approved dwellings. The footpath will be retained and maintained in perpetuity thereafter.

Reason: To ensure that the footpath is provided in a timely manner and in accordance with Policy SS2 of the South Somerset Local Plan (2006-2028).

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.

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 cil@southsomerset.gov.uk.

02.       Somerset County Council advises:

Filling of Existing Watercourses

In 2010 Somerset County Council became the Lead Local Flood Authority (LLFA). In the same year the Flood and Water Management Team (FWMT) was formed to satisfy the duties of the Flood and Water Management Act 2010.

Under section 23 of the Land Drainage Act there is a requirement to seek consent from the Flood Risk Management Authorities when culverting or obstructing a watercourse, whether permanent or temporary.

Failure to obtain a Land Drainage Consent prior to carrying out the works may result in a fine up to £5,000, and a further fine of up to £40 for every day thereafter until consent is granted.

It is important to note that under no circumstances will retrospective consent be given for unconsented works. If unconsented drainage works have occurred, the developer will be responsible for restoring the watercourse to its original condition.

Land Drainage consent forms can be downloaded from: www.somerset.gov.uk/consent .

For further information regarding the application form please contact Didier Lebrun from the flood risk management team on 01823 356692 or email: JLebrun@somerset.gov.uk