Agenda item

Proposal: Section 73 application to amend the approved plans condition (no. 26) of planning consent 14/02141/OUT to amend the highway plans and the provision of supplemental environmental statements to reflect such changes

Please see previous minute No:

The Specialist for Development Management advised that she had no further comments to add to her previous presentation on application 19/03482/S73.

The Agent for the applicant confirmed that he had no further comments to make other than those relating to the previous application.

The Ward Member, Councillor Mike Best, proposed that that the officer’s recommendation to approve the application be accepted.  This was seconded by Councillor Robin Pailthorpe and when put to the vote, this was agreed unanimously.

RESOLVED: That planning application 19/03483/S73 be GRANTED permission, in accord with the officer’s recommendation, subject to:-

(i)      The prior completion of an updated Section 106 agreement (in a form acceptable to the Council's solicitor(s)) before the decision notice granting planning permission is issued, to secure the following matters in addition to the existing obligations already secured:

a)    To secure the amendments to the alignment of the link road;

b)    To secure the delivery of the attenuation pond for both Outline 1 (05/00661/OUT) and Outline 2 (14/02141/OUT); and

(ii)      Conditions, as set out below (as well as any additional or modified conditions recommended by Wessex Water and the LLFA):

Justification:

Notwithstanding the allocation of this site for employment uses there are material considerations that justify a policy exception to accept a mixed use development of this site. The proposal would maintain a reasonable level of employment land to meet the anticipated need in the town over the plan period and there are significant benefits in terms of the delivery of additional housing to meet the District wide shortfall as well as the need in the town identified by policy SS5. The proposal would have not undue adverse impact on highways safety, food risk, ecology, landscape character or visual or residential amenity. The revised package of planning obligations across the side reflects the viability of the allocated site and is necessary to ensure the delivery of this stalled site whilst maintaining the mitigation measures without which the development would be unacceptable. As such, whilst acknowledging, the policy conflict, there are significant benefits and material considerations that outweigh any harm that might arise.      

Subject to the following conditions:

01.       Details of the appearance, landscaping, layout and scale (herein after called the "reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

            Application(s) for approval of the reserved matters shall be made to the local planning authority not later than 5 years from the date of this permission and the development shall begin not later than 5 years from the date of this permission or not later than 2 years from the approval of the last "reserved matters" to be approved.

02.       The residential component of development hereby approved shall comprise no more than 110 dwellings.

            Reason: To ensure that the mitigation measures negotiated as part of the scheme hereby approved are commensurate with the development as built in accordance with Policies HG1, KS/CREW/1, HG3, HW1 and SS6 of the South Somerset Local Plan 2006-2028.

03.       The development hereby granted permission shall not be commenced unless a written programme, showing the phasing of the development, including the relevant parts of the highway and the provision of the new Link Road and associated works; the planting of structural landscaping and delivery of the public open space; and the timings for the delivery of each phase, has been submitted to and approved in writing by the local planning authority. Such phasing shall accord with the recommendations of the Environmental Statement and its addendum, submitted in support of the application. Subsequently each of the phases shall be completed in accordance with the phasing programme unless agreed otherwise in writing by the local planning authority.

            Reason: To accord with the provisions of section 91(1) of the Town and Country Planning Act 1990.

04.       For each phase, or part thereof, all reserved matters shall be submitted in the form of one application to show a comprehensive and coherent scheme in accordance with the aims and objectives of the approved Masterplan and the recommendations of the Environmental Statement and its addendum submitted with this outline application.

            Reason: As required by Section 92(2) of the Town and Country Planning Act 1990.

05.       As part of the first reserved matters a Landscape and Ecological Management Strategy for the entire site shall be submitted to and approved in writing by the local planning authority. Such strategy shall be based on the Approved Masterplan and the findings and recommendations of the Environmental Statement submitted in support of this application and shall set out, on a phase by phase basis, the principles by which the impacts of the development on landscape and ecology will be managed. No trees or hedges shall be removed in advance of the agreement of the site wide Landscaping and Ecological Management Strategy.

            Subsequently, each application for the approval of the reserved maters shall be accompanied by a detailed Landscape and Ecological Management Plan based on the principles agreed in the  site wide Strategy for that phase, including up-to-date surveys and mitigation strategies where necessary. Once agreed such Plans shall be adhered to throughout the relevant construction phase unless agreed otherwise in writing by the local planning authority.

            Reason: In the interests of visual amenity and to safeguard the ecological interest of the site in accordance with policies KS/CREW/1, EQ1, EQ2, EQ4 and EQ5 of the South Somerset Local Plan 2006-2028.

06.       As part of the first reserved matters a Landscape Planting Strategy for the entire site shall be submitted to and approved in writing by the local planning authority. Such strategy shall be based on the Approved Masterplan and the findings and recommendations of the Environmental Statement and addendum submitted in support of this application and shall set out, on a phase by phase basis, the principles by which the landscaping, including structural planting, of the site will be guided. No trees or hedges shall be removed in advance of the agreement of the site wide Landscape Planting Strategy.

            Subsequently, each application for the approval of the reserved matters shall be accompanied by a detailed Landscaping Plan based on the principles agreed in the  site wide Strategy for that phase, including up-to-date surveys and mitigation strategies where necessary. Once agreed such Plans shall be adhered to throughout the relevant construction phase unless agreed otherwise in writing by the local planning authority.

            Reason: In the interests of visual amenity and to safeguard the ecological interest of the site in accordance with policies KS/CREW/1, EQ1, EQ2, EQ4 and EQ5 of the South Somerset Local Plan 2006-2028.

07.       As part of the first reserved matters a Waste Management Plan setting out the principles for waste management and refuse collection throughout the site shall be submitted to and approved in writing by the local planning authority. This shall then be used as the basis for all submissions of applications for approval of reserved matters.

            Reason: To ensure that the development is appropriately served by waste management strategies and refuse collection in the interests of the amenities of future residents in accordance with policy EQ2 of the South Somerset Local Plan 2008-2028.

08.       Notwithstanding the details on the drawings hereby approved, prior to the commencement of the construction of the junction of the link road with the A356 details of any retaining structures, levels changes, landscaping and drainage of the junction shall be submitted to and approved in writing by the local planning authority. Once approved such details shall be fully implemented prior to the occupation of any unit unless agreed otherwise in writing by the local planning authority.

            Reason: In the interests of visual amenity and highway safety in accordance with policies TA5 and EQ2 of the South Somerset Local Plan 2006-2028.

09.       No development hereby approved shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the local planning authority.        

            Reason: To safeguard the archaeological interest of the site in accordance with policy EQ3 of the South Somerset Local Plan 2006-2028.

10.       No development shall take place on any phase or part thereof, unless a Construction Environmental Management Plan (CEMP) for that part of the development has been submitted to and approved in writing by the local planning authority. Subsequent development shall be carried out in accordance with the requirements of the approved CEMP.

            Reason: In the interest of the amenities of the locality in accordance with policy EQ2 of the South Somerset Local Plan 2006-2028.

11.       No development hereby approved shall commence until a detailed surface water drainage scheme for the site, generally in accordance with the submitted Flood Risk Assessment has been submitted to and approved in writing by the local planning authority. Such scheme shall include measures to prevent the run-off of surface water from private plots onto the highways. The scheme shall subsequently be implemented in accordance with the approved details before the development is occupied. 

            Reason:  To ensure the development is properly drained in accordance with policy EQ1 of the South Somerset Local Plan 2006-2028 and the provisions of the National Planning Policy Framework

12.       No development approved by this permission shall be occupied or brought into use until a scheme for the future responsibility and maintenance of the surface water drainage system has been submitted to and approved by the Local Planning Authority. The approved drainage works shall be completed and maintained in accordance with the details agreed.

            Reason:  To ensure the development is properly drained in accordance with policy EQ1 of the South Somerset Local Plan 2006-2028 and the provisions of the National Planning Policy Framework.

13.       Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the local planning authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:-

1) A preliminary risk assessment which has identified:

     -      all previous uses,

     -      potential contaminants associated with those uses,

     -      a conceptual model of the site indicating sources, pathways and receptors,

     -      potentially unacceptable risks arising from contamination at the site.

2)    A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

3)    The results of the site investigation and detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

4)    A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

            Any changes to these components require the express consent of the LPA. The scheme shall be implemented as approved.

            Reason: To protect controlled waters in accordance with policy EQ7 of the South Somerset local Plan 2006-2028.

14.       If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, a remediation strategy detailing how this unsuspected contamination shall be dealt with. The remediation strategy shall be implemented as approved.

            Reason: To protect controlled waters in accordance with policy EQ7 of the South Somerset local Plan 2006-2028.

15.       Streetlighting columns shall not exceed six metres in height and shall be equipped with maximum cut-off and downlighting in accordance with details which shall be submitted to and approved in writing by the local planning authority.  There shall be no variation of this height unless otherwise agreed in writing by the local planning authority.

            Reason: To protect wildlife habitats, in the interests of visual amenity and to prevent light pollution in accordance with policies EQ2 and EQ4 of the South Somerset Local Plan 2006-2028.

16.       The proposed estate 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 visual amenity and highways safety in accordance with Policies EQ2 and TA5 of the South Somerset Local Plan 2006-2028.

17.       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: In the interests of highways safety and the amenities of future occupiers in accordance with Policies EQ2 and TA5 of the South Somerset Local Plan 2006-2028.

18.       The development hereby permitted shall not be commenced (including any ground works or site clearance) until a mitigation plan or method statement detailing measures to avoid harm to slow worms, has been submitted to and approved in writing by the local planning authority.  The works shall be implemented in accordance with the approved details and timing of the mitigation plan / method statement, unless otherwise approved in writing by the local planning authority.

            Reason: To safeguard protected species in accordance with policy EC8 of the South Somerset Local Plan 2006-2028

19.       The development hereby permitted shall not be commenced until there has been submitted to, and approved in writing by the Local Planning Authority, details of measures for the protection of badger setts (until such time that Natural England has issued a licence permitting their closure), ecological supervision of works and update surveys for badger setts.  The works shall be implemented in accordance with the approved details and timing of the approved badger sett protection measures, unless otherwise approved in writing by the local planning authority.

            Reason: To safeguard protected species in accordance with policy EC8 of the South Somerset Local Plan 2006-2028.

20.       No works shall be undertaken to any trees that have been identified as having potential to be used by roosting bats until a prior survey and assessment for bats has been completed in full by a licenced bat consultant, and any resulting legal requirements complied with.

            Reason: To safeguard protected species in accordance with policy EC8 of the South Somerset Local Plan 2006-2028.

21.       No hedge nor scrub, nor any part thereof, nor any tree, shall be removed until a European Protected Species Mitigation Licence (in respect of dormouse) has been issued by Natural England and a copy thereof (i.e. confirmation) submitted to and approved by the local planning authority.  Thereafter, only the sections of hedge or trees specifically identified by the licence, or by subsequent such licences, shall be removed, and shall be done so in accordance with the conditions of the relevant licence.  Unless otherwise permitted in writing by the local planning authority.

            Reason: To safeguard protected species in accordance with policy EC8 of the South Somerset Local Plan 2006-2028

22.       Precautionary measures for minimising harm to Priority Species (Common Toad, Otter, Hedgehog) shall be undertaken as detailed in the Environment Statement, and the relevant Landscape and Ecological Management Strategy (LEMS) or Landscape and Ecological Management Plan (LEMP).

            Reason: To safeguard priority species in accordance with policy EC8 of the South Somerset Local Plan 2006-2028.

23.       Prior to the commencement on each phase of the development hereby approved details of measures for the enhancement of biodiversity, which shall include the provision of bat and bird boxes for that phase (including provision for swallows and swifts) shall be submitted to and approved in writing by the Local Planning Authority.  Once approved, such biodiversity enhancement measures shall be implemented as part of the development and maintained at all times thereafter in accordance with the approved details unless otherwise approved in writing by the local planning authority.

            Reason: For the conservation and protection of species of biodiversity importance in accordance with policy EQ4 of the South Somerset local Plan 2006-2028.

24.       Prior to the occupation of any dwelling or any industrial unit a measures only travel statement, as relates to that part of the development, shall be submitted to and approved in writing by the local planning authority. The approved measures in such travel statements(s) shall thereafter be implemented as part of the development.

            Reason: To promote sustainable travel in accordance with policy TP4 of the South Somerset local Plan 2006-2028.

25.       As part of the first reserved matters a 'Noise Management Strategy' for the entire site shall be submitted to and approved in writing by the local planning authority. Such strategy shall be based on an update full noise survey of the site and shall set out, on a phase by phase basis, the principles by which the impacts of noise on the development will be mitigated. It shall also show that the development will be laid out in such a manner so as not to compromise the operation of existing users on the adjoining industrial estate.

            Subsequently, each application for the approval of the reserved maters shall be accompanied by a detailed Noise Management Plan based on the principles agreed in the site wide Strategy for that phase. Once agreed such Plans shall be adhered to throughout the relevant construction phase unless agreed otherwise in writing by the local planning authority.

Reason: In the interests of residential amenity in accordance with policies EQ2 and EQ7 of the South Somerset local Plan 2006-2028.

26.       Development shall be carried out in accordance with the following approved plans:

·         18065_L01.01 (Site Location Plan)

·         18-138-019B (Proposed Link Road Gateway General Arrangement)

            Reason:  To clarify the development hereby approved.

Informatives:

01.       The health and safety of the public using the footpaths must be taken into consideration during works to carry out the proposed development.  Somerset County Council (SCC) has maintenance responsibilities for the surface of the footpaths, but only to a standard suitable for pedestrians.  SCC will not be responsible for putting right any damage occurring to the surface of the footpaths resulting from vehicular use during or after works to carry out the proposal.  It should be noted that it is an offence to drive a vehicle along a footpath unless the driver has lawful authority (private rights) to do so.

(Voting: unanimous in favour)