Agenda item

Application for reserved matters following outline approval of 18/03895/OUT seeking approval of access, appearance, landscaping, layout and scale

The Specialist Planner introduced the application for an agricultural workers dwelling in the hamlet of Howley which was within the Blackdown Hills Area of Outstanding Natural Beauty (AONB).  She used a power point presentation to show maps and photographs of the site and the proposed dwelling and its proximity to the listed building and farm buildings.  There was an existing public right of way and authorisation to cross it would have to be obtained from the County Council.  The site was on a steep hillside and the proposed dwelling was to be dug into the hillside with 2m retaining walls around it.  The setting of the dwelling would be above the existing listed building which would impact upon it and cause harm.  The public benefit of the application was not sufficient to offset that harm and for this reason, it was proposed to refuse the application.

In response to questions from Members, the Principal Planner advised:-

·         There were no objections to the application from any of the statutory consultees or neighbours.

·         The Conservation officer felt the harm to the listed building was in the low to medium category.

·         Outline permission for a dwelling had already been granted.

·         There had been engagement with the Agent and a previous design had been proposed which had less impact upon the setting of the listed building.  Unfortunately, that proposal was not taken forward, possibly because of the levels at the site.

·         The planning officer for the AONB had not objected to the application from a landscape perspective.

·         The older outbuildings were included within the curtilage of the listed building.

·         The listed building was Grade 2.

·         The houses to the north of the site were more modern and were not listed.

·         The proximity of the proposed dwelling to the listed building impacted upon and disrupted the setting of the listed building to an unacceptable degree.

·         The agricultural occupancy condition was imposed at the outline permission stage.

The Agent for the applicant advised that the original position of the dwelling was moved as agreed at the outline permission stage to its current position, some 1.8m lower than before.  The house would be 1 ½ storeys with no dormer windows to ensure it sat comfortably within the context of the listed building and the sloping site.  There were no objections from the AONB.  The dwelling would be affordable to construct and would allow the farmer to live on site with quick access to his livestock.  The alleged harm to the listed building was outweighed by the benefits of an agricultural workers dwelling on site.

The Ward Member, Councillor Martin Wale, said he had received no objections to the application from local residents or from the AONB.  The site was on the edge of the hamlet and he felt the proposal would not affect the listed farmhouse as it was already surrounded by farm buildings.  The house would be dug into the hillside to lessen the impact and he proposed that permission be granted.

The other Ward Member, Councillor Jenny Kenton, said she agreed with her fellow ward member and seconded his proposal to grant permission.

During discussion it was noted that the Conservation Officer should have explained in the report their concerns regarding the low to medium harm which the development posed to the setting of the listed building.  Members also felt that the rural economy should be supported and the dwelling was required to enable the farmer to comply with the stringent animal husbandry required on a modern dairy farm. 

At the conclusion of the debate, the proposal to approve the application, contrary to the officer’s recommendation, and subject to conditions on plans, materials, withdrawing permitted development rights, landscaping, highways conditions and an informative on Rights of Way was put to the vote and unanimously approved. 

RESOLVED: That planning application 20/00536/REM be APPROVED contrary to officer recommendation with the following justification and conditions:

Reason for approval:

This detailed scheme, by reason of its scale, layout, design, landscaping and materials, respects the character of the area without resulting in any demonstrable harm to visual amenity, residential amenity, the AONB, the historic environment or highway safety and therefore accords with the aims and objectives of policies SD1, TA1, TA5, TA6, EQ2 and EQ3 of the South Somerset Local Plan (2006-2028) and the provisions of the National Planning Policy Framework.

Conditions:

1.      The development hereby permitted shall be carried out in accordance with the following approved plans (except where directed otherwise by the conditions below)

Drawing no. p125/002

Drawing no. p125/001

Drawing no. p125/003A

Drawing no. p125/105

Drawing no. p125/120

Drawing no. p125/104A

Drawing no. p125/110A

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

2.      No work shall be carried out above ground works on site unless particulars of the following have been submitted to and approved in writing by the Local Planning Authority:

a)  full details of all new natural stone walls including any new boundary walls and retaining walls, to include details of materials, coursing, bonding, coping, mortar profile, colour and texture, along with a written description of the mortar mix, and supported by a sample panel provided on site;

b)  details of the render, including colour finish

c)  details of all timber cladding, including plank width and finish/colour

d)  details of the roof tiles

e) details of the external finish, colour and recessing for all external doors and windows;

f)  details of all roof eaves, verges and abutments and all new guttering, down pipes and other rainwater goods;

g) details of the surface material for the parking and turning area.

Once approved such details shall be fully implemented and shall thereafter not be altered unless agreed otherwise in writing by the Local Planning Authority.

Reason:  In the interests of visual amenity and the historic environment and to accord with Policies EQ2 and EQ3 of the South Somerset Local Plan (2006-2028).

3.      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), there shall be no extensions to the property hereby approved without the express grant of planning permission by the local planning authority.

Reason: extensions in this location will need to be assessed due to sloping ground levels and proximity to a listed building and their impact on the character of the area and visual amenity and to accord in with policies EQ2 and EQ3 of the South Somerset Local Plan.

4.      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), there shall be no development as specified within Schedule 2, Part 1, Class E of the GPDO erected within the curtilage of the dwelling hereby approved without the express grant of planning permission by the local planning authority.

Reason: extensions in this location will need to be assessed due to sloping ground levels and proximity to a listed building and their impact on the character of the area and visual amenity and to accord in with policies EQ2 and EQ3 of the South Somerset Local Plan.

5.      No later than within the first planting season following first occupation of the dwelling hereby approved a scheme of tree and shrub planting shall be submitted to and approved in writing by the Local Planning. 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 occupation of the dwelling 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.

6.    Prior to the first occupation of the dwelling hereby approved the access surface for the first 6 metres back from the carriageway edge shall be properly consolidated with tarmac, as stated on approved drawing no. p125/003A, and shall be maintained in the agreed form thereafter at all times.

Reason: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

7.    Prior to the first occupation of the dwelling hereby approved the visibility splays as shown on approved drawing no. p125/105 shall be fully provided and shall thereafter be maintained at all times.

Reason: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

8.    Provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway.  Such provision shall be installed before the site is first brought into use and thereafter maintained at all times.

Reason: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

9.    The areas allocated for parking and turning on approved drawing p125/003A,  shall be kept clear of obstruction and shall not be used other than for the parking of vehicles in connection with the development hereby permitted.

Reason: In the interests of highway safety, in accordance with policy TA5 and TA6

of the South Somerset Local Plan 2006-2028.

Notes:

1. The applicant is reminded of the need to comply with the conditions set out on planning approval 18/03895/OUT and where necessary have them formally agreed in writing

2. The applicant needs to be confident that they can demonstrate that they have an all-purpose vehicular right to the property along path CH 29/7. If they are unable to demonstrate this then they would be committing a criminal activity by driving on a public path without lawful authority.

(Voting: unanimous in favour)