Agenda item

Planning Application 20/01667/FUL - Land At Lemons Ground, Whitechurch Lane, Yenston


Councillor William Wallace, having previously declared a pecuniary interest, left the meeting before consideration of this item at


Proposal: Erect dwellinghouse and construct access thereto.


The Specialist, Planning presented the report and with the aid of a PowerPoint presentation, she proceeded to show the site and proposed plans, including:

·         Adjusted plans to ensure the footpath can remain in place. If a diversion was necessary, an application would need to be made for this.

·         Confirmed the site was not within the Somerset levels catchment area.

·         The materials to be used would be natural stone, slate and timber doors and windows, a standard traditional design.

·         Key Considerations being the Principle of development. This being a countryside location, the development would be contrary to the Settlement strategy policies.

·         Yenston did not have any required services.

Based on the Local plan policy principles, the recommendation was for refusal.


The Applicant addressed the committee and gave some of the following comments:

·         The proposed development was a house for the applicants to move into, freeing up a family home in Yenston.

·         They had lived in the area for 20 years and intend to stay in the area.

·         As a family, they had always walked to Henstridge via Whitechurch Lane and deemed this as a safe walk/cycle route.

·         Wanted this to be considered as an in fill property between 2 dwellings.

The Agent addressed the committee and gave some of the following comments:

·         Pointed out that the agricultural building to the east was in fact a dwelling.

·         Yenston was seen as part of the parish of Henstridge and that Yenston was a cluster forming the parish.

·         There were no Objections from the Henstridge Parish Council nor any 3rd parties.

·         An Ecologist that was employed confirmed there were no issue with ecology at the site.

During discussion, a number of comments were raised, some of which included:

·         Related to policy SS2, Yenton is part of Henstridge, and Henstridge has the necessary services required for sustainability.

·         The area is rural and semi-rural, car use would be inevitable and felt that the sustainability issue didn’t apply.

·         Queried if the walk to Templecombe was safe for pedestrians?

·         Was the build aimed at being carbon zero?

·         We should be encouraging people to move into the area who can contribute.

·         Would want an EV charging point added.

·         Felt the development goes against SSDC policies.

·         Could a condition be put onto the material to be in keeping with the area?

·         Felt the development was an in fill and helped to keep the applicant in the area whilst downsizing and freeing up a larger property for another family.


The Applicant responded to questions raised by Members informing them that there was no footpath to Templecombe and that they were going down the environmentally friendly route with the proposed development.


At the end of the discussion it was proposed and seconded to approve the application on the grounds that the site was sustainable, Yenston is a cluster within the Parish of Henstridge.


In response to the proposal and hearing comments made during discussion, the Specialist Planner advised that conditions would be required for:

·         Time limit

·         Agreed plans

·         Details of material to be provided

·         Hard and soft landscaping

·         Surface water drainage details

·         EV charger, access, parking/turning areas

·         Public footpath not interfered with

·         Bio diversity enhancement plan

·         External Lighting design

·         Hedgerow and tree protection


On being put to the vote, the proposal to approve the application was carried 7 votes in favour, 1 against and 1 abstention.



That planning application 20/01667/FUL be APPROVED, contrary to the officer’s recommendation, for the following reason:


The application site is within the village of Yenston which forms a cluster of settlements with nearby Henstridge and Templecombe where local services are available and reasonably accessible. The proposed dwelling would be located between existing buildings and is intended to enable local residents to remain in the village; as such the proposal is considered to be acceptable as an exception to the settlement strategy of the South Somerset local plan and policies SS1 and SS2.


Subject to the following conditions:


1.            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.


2.            The development hereby permitted shall be carried out in accordance with the following approve plans:

Site Plan                                              Drawing No 20070-2 Rev G

Proposed Plans and Elevations         Drawing No 20070-3 Rev C

Block Plan                                           Drawing No 20070-04 Rev A

Access                                                Drawing No 20070-05

Location Plan                                      Drawing No 20070-06

Proposed site section A-A                  Drawing No 20070-7

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


3.            Prior to the commencement of any development hereby approved, above damp proof course level, details (including colour photographs) of all external facing materials for the walls and roofs shall be submitted to, and approved in writing by the Local Planning Authority. Thereafter, the development shall proceed in accordance with such materials as have been agreed.   

Reason: To ensure a satisfactory visual appearance of the development in accordance with Policy EQ2 of the South Somerset District Council Local Plan.


4.            Prior to the commencement of any development hereby approved, above damp course level, full details of both hard and soft landscape works shall be submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved.  These details shall include:- means of enclosure; hard surfacing materials; external lighting; existing planting to be retained and means of protection; and proposed new planting.  All hard and soft landscape works shall be carried out in accordance with the approved detail prior to first occupation of the development and any trees or plants that within a period of five years after planting are removed, die, or become, in the opinion of the Local Planning Authority, seriously damaged or defective shall be replaced as soon as it is reasonably practical with others of species, size and number as originally approved.

Reason:  Landscaping is considered essential in order to preserve and enhance the visual amenities of the locality, in accordance with Policy EQ2 of the South Somerset District Council Local Plan.


5.            Prior to commencement of development details of the surface water drainage works shall be submitted to and approved in writing by the Local Planning Authority and the approved drainage scheme shall be completed before occupation of the development.

Reason:  To avoid drainage problems as a result of the development with consequent pollution or flood risk, in accordance with Policy EQ2 of the South Somerset District Council Local Plan.


6.            Prior to the first or occupation of the development hereby permitted, the access, visibility splay, car parking areas and turning space shall be laid out and constructed as shown on Drawing Nos. 20070-04 Rev A and 20070-05. The first 5m of the access shall be a consolidated surface (not loose stone or gravel) and the layout shall include a charging point for electric vehicle.  Thereafter, these areas and the charging point shall be maintained, kept free from obstruction and available for the purposes specified.

Reason: In the interests of highway safety, in accordance with Policy TA5 of the South Somerset Local Plan.


7.            No development hereby approved, which shall interfere with or compromise the use of footpath WN 12/2, shall take place until a path diversion order has been made and confirmed.

Reason: To ensure the public right of way is maintained and not obstructed.


8.            A Biodiversity Enhancement Plan (BEP) shall be submitted to, and be approved in writing by, the Local Planning Authority prior to first occupation of the new dwelling. Photographs of the installed features will also be submitted to the Local Planning Authority prior to occupation: The content of the BEP shall include the following:

a)    A Habibat 001 bat box or similar will be built into the structure at least four metres above ground level and away from windows of the west or south facing elevation

b)      A Schwegler House Martin Terrace No. 11 or will be installed under the eaves of the north-west elevation

c)    Two bee bricks built into the wall about 1 metre above ground level on the south-west and south-east elevation of the new dwelling.

d)    To compensate and enhance for the loss of the 10m hedgerow on the north-west side of the site, approximately 100m of hedgerow will be planted around the site. The new hedgerow/s to be planted up with native species comprised of a minimum of 5 of the following species: hazel, blackthorn, hawthorn, field maple, elder, elm, dog rose, bird cherry and spindle. 

e)    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.

f)     All new shrubs must be high nectar producing to encourage a range of invertebrates to the site, to provide continued foraging for bats. The shrubs must also appeal to night-flying moths which are a key food source for bats. The Royal Horticultural Society guide, “RHS Perfect for Pollinators,” provides a list of suitable plants both native and non-native.

Reason: In accordance with Government policy for the enhancement of biodiversity within development as set out in paragraph 170(d) of the National Planning Policy Framework, and the Draft Environment (Principles and Governance) Bill 2018.



1.    Development, insofar as it affects a right of way should not be started, and the right of way should be kept open for public use until the necessary (diversion/stopping up) Order has come into effect. Failure to comply with this request may result in the developer being prosecuted if the path is built on or otherwise interferedwith.


2.    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.


3.    The developers and their contractors are reminded of the legal protection afforded to bats and bat roosts under legislation including the Conservation of Habitats and Species Regulations 2017.  In the unlikely event that bats are encountered during implementation of this permission it is recommended that works stop, and advice is sought from a suitably qualified, licensed and experienced ecologist at the earliest possible opportunity.


Voting (7 in favour or approval, 1 against, 1 abstention)

Supporting documents: