Agenda item

Planning Application 20/00962/FUL - Change of use of agricultural land to garden; the erection of a garden store; amendments to dwelling design (roof height, fenestration and internal layout of east wing); deletion of approved access driveway (17/02438/REM) and the formation of a replacement access and driveway, Meadow House Lower Kingsbury Milborne Port

Minutes:

Proposal: Change of use of agricultural land to garden; the erection of a garden store; amendments to dwelling design (roof height, fenestration and internal layout of east wing); deletion of approved access driveway (17/02438/REM) and the formation of a replacement access and driveway.

 

 

The Lead Specialist, Development Management presented the application as detailed in the agenda and with the aid of a PowerPoint presentation proceeded to show the site and proposed plans.

Her key considerations were:

·         The loss of agricultural land. After checking the agricultural land classification for the site, it is grade 3a  meaning not high quality, therefore an objection could not be raised on that basis alone.

·         Landscaping and character of area, the scheme was considered to soften the edge of the boundary as it goes into the countryside, there are also bio diversity benefits with the proposed planting.

·         The proposed new access would be considered as an improvement, as it will protect the trees sited near the old access that was approved.

In conclusion, the recommendation was for approval.

 

A Milborne Port Parish Council Representative then addressed the committee and some of his points included:

·         The Junction at the top of the road is close to the access point where there is also access to a public footpath and a post box. Line of sight remains questionable, as there are often parked cars at the top of the hill.

·         The steep hill into the property was queried as to whether emergency vehicles would have access to the property.

·         Highways report refers to standing advice only and an independent expert hasn’t confirmed this.

·         There are flooding issues at the site and pictures show flooding over the winter.

·         In the Reserve matters approval, the landscape officer stated there should be no ‘creep’ to the North of the site, and this application seems to be doing just so.

 

The agent then addressed the Committee on behalf of the applicants. Some of her comments included:

·         All comments from residents and Parish councils have been considered and a number of changes have been made to satisfy these concerns.

·         The Garden is supported by the local plan and a logical completion of the settlement edge.

·         The area of land is already bounded by gardens on three sides, which contains it. The proposed native hedge along the boundary would provide a buffer to strengthen the settlement edge.

·         The new access would mean the trees near to the original approved access will be unaffected. The width of Lower Kinsgbury is also wider at this point.

·         No physical development proposed in the flood zones 2 and 3, only landscaping proposals.

 

Ward Member Councillor Sarah Dyke highlighted the pros and cons to the application and discussed some of the following points:

·         The new access does develop the area of agricultural land but recognised the ‘rounding off’ of the boundary.

·         Concern for the residential immunity for hilltop view, however the alternative access saves the destruction of a stone wall and protects the root area of the trees with TPO’s.

·         Highway safety concerns of the proposed access being close to the junction at the top of the lane where there is also a public footpath.

·         After seeing some pictures of the site showing flooding of the area had some further concerns with regards to a risk of flooding.

·         Proposed a condition to ensure a permeable surface for the access drive if the application was approved.

·         EV Charger to be installed on site.

 

After a short discussion member raised some of the following points:

·         This access is more favourable over the initial approved access being away from the protected trees.

·         Agreed with the extra conditions raised by Cllr Dyke.

·         Minded to approve the application is line with the officer’s recommendation.

 

It was the proposed and seconded to approve the application, and on being put to the vote, was approved unanimously.

 

RESOLVED:   That planning application 20/00962/FUL be APPROVED and to add two additional conditions to secure the following:

- To provide an electric vehicle charging point within the site

- To ensure the access driveway is finished in a permeable surface to reduce surface water run-off. The application was approved for the following reason:

 

The proposal, by reason of its location, represents appropriate infill within the defined development area and does not foster growth in the need to travel and is therefore sustainable and can achieve an acceptable highways access and on site highway arrangements in accordance with the aims of objectives of policy SD1, SS1, TA5, TA6, EQ1, EQ2, EQ4 AND EQ5. EQ2, EQ3, TA5 and TA6 of the South Somerset Local Plan 2006- 2028.

 

SUBJECT TO THE FOLLOWING:

 

01.       The development hereby permitted shall be carried out in accordance with the following approved plans: Garden Room Plans 6987-01b, Proposed Dwelling Plans and Elevations 6987 - 03 and Proposed Landscaping 20.03.44. LAN_01b.

           

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

 

02.       The finished ground floor levels of the dwelling altered under this planning application must be at least 79.000 AOD as agreed under the previous discharge of condition application (19/01586/DOC).

           

            Reason: To ensure the finished floor levels are of a suitable height to comply with the recommendations of the Flood Risk Assessment previously submitted, in accordance with policies EQ1, EQ2 and EQ7 of the Local Plan and the provisions of the NPPF. 

           

03.       Development must continue to proceed in strict accordance with the particulars agreed under 19/01586/DOC for conditions 2 and 3 of 17/02438/REM, concerning the design and installation of the retaining structures and below-ground services required within the designated Root Protection Areas, as well as the agreed Arboricultural Method Statement and Tree Protection Plan.

           

            Reason: To preserve existing landscape features (trees) in accordance with the Council's policies as stated within policy EQ2, EQ4 and EQ5 of the Local Plan and the provisions of the NPPF.

 

04.       Notwithstanding the proposed garden room, development must proceed in strict accordance with the materials, sample panel, rainwater goods, eaves and fascia details and treatments, window and door particulars received on 22nd Feburary 2018 under the previous reserved matters application (17/02438/REM).

           

            Reason: To safeguard the character and appearance of the area in accordance with saved policies EQ2 of the South Somerset Local Plan 2006- 2028.

 

05.       All planting comprised in the approved landscaping scheme (plan reference 20/03/44/LAN_01b) shall be carried out in the timescales detailed on the plan, unless the Local Planning Authority agrees to any variation in writing. 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.

           

Reason: To safeguard the character and appearance of the area in accordance with saved policies EQ2 of the South Somerset Local Plan 2006- 2028.

 

06.       Prior to first use of the development hereby permitted, 1 no. electric charging point (of a minimum 16amps) for an electric vehicle shall be provided to serve the parking area 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.

 

07.       The access driveway hereby permitted shall be constructed in a permeable surface and maintained as such.

 

            Reason: In the interests of highway safety and to prevent increased surface water run-off from the development, in accordance with policy EQ2, EQ7 and TA5 of the South Somerset Local Plan 2006-2028 and the provisions of the NPPF.

 

 

(Voting: Unanimous in favour)

Supporting documents: