Agenda item

Proposal: The erection of a double garage and formation of new access.

The Planning Officer presented the application as detailed in the agenda and with the aid of a PowerPoint presentation, proceeded to show the site and proposed plans. He noted that the property is located in the Marston Magna Conservation Area.

Updates: The Tree Officer provided an objection on initial plans. Since the plans were amended the updated comments were received after the report was submitted.

His comments included:

The intentions for the roadside hedge were unclear and the two tall trees were also not shown on the submitted layout drawing. The amended proposal appears likely to require the removal or damage to the roots. He continued to object to the proposal on the basis that they are contrary to the Council objectives to preserve the quality and historic character of the Conservation Area.

The Planning Officers’ key considerations were the domestic garage to serve a dwelling and an additional access and hardstanding, The Conservation Area wouldn’t be impacted as long as existing landscaping is retained. Conditions regarding the new access and hardstanding would need to be signed off prior to the first use.

The tree comments were submitted after the Officers final report so members may need to consider this. The application, being finely balanced, was recommended for approval.

Vice Chairman of Marston Magna Parish Council spoke in objection to the application. Some of his comments included:

·         The road is busy being located near Perry’s Recycling where a number of lorry’s use the road every day.

·         The property has three entrances already.

·         Concerns that the hedge at the front could be compromised if the hedge was cut back.

·         The hedge running along the footpath is also going to be cut back considerably.

·         Garage to be timber clad, but the last application with timber cladding was turned down.

The Planning Officer confirmed to members that the new access would not be located in the vicinity of the Public right of way

Ward Member Councillor Mike Lewis commented on the plans showing no access from the public right of way. The pictures of the hedges in the report showed little to no maintenance of the hedges inhibiting the visibility of the entrance and could a condition be included to maintain them at the front and alongside the public right of way. He felt that the application could be approved but conditions could be added to make it more acceptable.

In response to a query from The Chairman, The Lead Specialist, Development Management confirmed that the comments from the Tree Officer were accepted as they could still be taken to the committee meeting and be heard from members before a decision was made.

After a short discussion, Members raised some of the following points were raised:

·         Proposed a further condition to install an EV charger on the site.

·         Approve the application with the additional conditions that were proposed.

·         Moving the hedge could compromise the hedgerow.

It was then proposed to approve the application with the conditions to include an EV charger and prohibit commercial use in the property and that the hedges are kept maintained for the Visibility.

On being put to the vote, the application was approved.

RESOLVED: That planning application 20/01269/HOU be APPROVED and to add an additional condition to provide an electric vehicle charging point within the site. The following reason for approval:

The proposal, by reason of its size, siting, materials and design, is acceptable to the dwelling and neighbours and causes no demonstrable harm to the quality and character of the Marston Magna Conservation Area, neither is there a risk to highway safety, the adjoining public right of way or the nearby trees, in accordance with Policies SD1, EQ2, EQ3, EQ4, EQ5, TA5 & TA6 of the South Somerset Local Plan (2006-28) and the provisions of the National Planning Policy Framework 2019.

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 referenced:

            Drawing No.

            o          1480/1/2/A, received 1st July 2020

            o          1480/1/3, received 24th April 2020

            o          1480/1/4, received 13th July 2020

            o          1480/1/5 (Proposed Garage Roof Plan), received 24th April 2020

            o          1480/1/5 (Site Survey), received 1st July 2020

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

03.       The external surfaces of the development shall be of materials as indicated in the application form and no other materials shall be used without the prior written consent of the local planning authority.

            Reason: To ensure the proposed development is completed in accordance with Policy EQ2 of South Somerset Local Plan and the and the provisions of the National Planning Policy Framework 2019.

04.       Prior to the first use of the development hereby approved, the access, driveway and turning area to be provided, as shown in drawings No. 1480/1/2A and 1480/1/5, shall be properly consolidated (not loose stone or gravel), surfaced and drained to ensure no surface water discharge onto the highway.

            Reason - In the interest of Highway Safety and adequate onsite parking provision, in accordance with Policies TA5 and TA6 of South Somerset Local Plan (2006-2028)

05.       Prior to the first use of the development hereby approved, the turning area to be provided shall be constructed to a minimum width of 5 metres except for at the entrance to the garage which shall be constructed to a minimum width of 6 metres as shown in drawing No. 1480/1/2A.

            Reason - In the interest of Highway Safety and adequate onsite parking provision, in accordance with Policies TA5 and TA6 of South Somerset Local Plan (2006-2028)

06.       Prior to the first use of the development hereby approved, the new access to be created shall be located in the exact position of shown in Drawings No. 1480/1/2A and 1480/1/5

            Reason - In the interest of Highway Safety and adequate onsite parking provision, in accordance with Policies TA5 and TA6 of South Somerset Local Plan (2006-2028)

07.       There shall be no obstruction to visibility greater than 600mm above adjoining road level in advance of a line drawn 2.4 metres back from the carriageway edge on the centre line of the access and extending 43 metres to the east and west as shown on the approved plan, Drawing no. 1480/1/5.  Such visibility shall be fully provided before the development hereby permitted is occupied and shall thereafter be maintained at all times.

            Reason: In the interests of highway safety, in accordance with policy TA5 of South Somerset Local Plan 2006-28.

08.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order) the extension hereby permitted shall only be used incidental to the enjoyment of the dwellinghouse.

            Reason: In the interests of residential amenity and highway safety in accordance with Policies EQ2 and TA5 of the South Somerset Local Plan (2006-2028)

09.       The existing boundary hedgerow growing along the roadside frontage of the site to west of the proposed access, shall be retained and maintained and shall not be removed, either in whole or in part, and shall be maintained at a height no lower than 2.5 metres in height (as measured from the ground level on which it is growing). The hedgerow shall be maintained and retained in this fashion for a period of ten years from the completion of the development hereby permitted. Should any of the hedgerow planting become damaged or diseased during this ten year period the plant(s) shall be replaced in the next planting season with others of a similar species, unless the local planning authority gives written consent to any variation.

Reason: In the interests of visual amenity, having regard to Policy EQ2 and EQ3 of the South Somerset Local Plan and relevant guidance within the NPPF.

10.       Prior to commencement of the development, site vegetative clearance, demolition of existing structures, ground-works, heavy machinery entering site or the on-site storage of materials, a scheme of tree and hedgerow protection measures shall be prepared by a suitably qualified Arboricultural Consultant who is familiar with supporting planning applications in accordance with British Standard 5837: 2012 - Trees in relation to design, demolition and construction and the prepared scheme shall be submitted to the Council for their approval in-writing. Prior to commencement of the development, the appointed Arboricultural Consultant shall inspect and confirm in-writing to the Council (contact us at planning@southsomerset.gov.uk) that the installation of the approved tree and hedgerow protection measures has been carried out to a satisfactory standard.  The approved protection requirements must remain implemented in their entirety for the duration of the construction of the development and may only be moved, removed or dismantled with the prior consent of the Council in writing.

Reason: To preserve existing landscape features (trees and hedgerows) in accordance with the Council's policies as stated within The South Somerset Local Plan (2006 - 2028); EQ2: General Development, EQ4: Bio-Diversity & EQ5: Green Infrastructure.

11.       No works shall be undertaken until there has been submitted to and approved in writing by the Local Planning Authority, a scheme of hard and soft landscaping measures. The submitted scheme shall clearly confirm the details, materials and dimensions of any intended tree or shrub planting, earth-moulding, boundary treatments (e.g. hedgerows, fences & walls), seeding, turfing and the installation of hard surfaces, driveways and parking spaces.  All planting stock shall be specified 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) upon or prior to the first occupation 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.

12.       Prior to first occupation and use of the garage and access hereby permitted, 1 no. electric charging point (of a minimum 16amps) for an electric vehicle shall be provided adjacent to the double garage shown on the approved plans. Once installed such charging points shall be retained thereafter 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 and the provisions of the NPPF.

(Voting: 8 in favour, 3 against)