Agenda item

Application Proposal: Outline application with all matters reserved save for access from A371 - Lawrence Hill for Light Industrial (Use Class B1), general Industrial (Use Class B2), Storage & Distribution (Use Class B8) & Residential Development (Use Class C3) with associated works

The Specialist, Principal Planner presented the report and updated members on the conditions list.  This being that Condition 2 should be removed as it is duplicated by condition 4 and Condition 18 and 19 concerning ground investigations are not required.

He confirmed this was an outline application with all matter reserved part from the access off Lawrence Hill and highlighted the key consideration being; outline application with access for consideration, Principle of Development, Highways, Landscape setting, Ecology, Flooding and Viability.

Other updates included:

• All statutory consultees had responded positively.
• Eight letters of objection had been received and summarised the comments made, including:
  • Wincanton cannot cope with another development
  • The town had exceeded its housing allocation
  • Facilities within the town such as health centres and schools cannot cope with additional people
  • Brownfield sites available for development
  • Inadequate bus services available
  • Inadequate access for construction and emergency vehicles
  • Safety highway implications
  • Landscape concerns.

With the aid of a powerpoint presentation the Specialist, Principal Planner then proceeded to show the site and proposed plans. 

He confirmed the applicant had submitted a Viability report which included two appraisals, one including 35% affordable housing and one with zero affordable housing. This has been reviewed by the District Valuer who concludes that neither scenario was viable. 

He also highlighted that:

·         The applicant was prepared to enter into a Section 106 legal agreement incorporating financial contributions towards education, public open space and travel planning but without any affordable housing thereby accepting lower profit margins.

·         Wincanton is one of the few areas within the District that does not fall within the catchment area of the Somerset Level and Moors Ramsar site and therefore does not contribute to the phosphates loading and acceptable to bring the proposal forward.

·         The residential part of development is supported by the Wincanton Neighbourhood Plan.

·         Employment land is beneficial to Wincanton with a phasing condition to be imposed to ensure this comes forward for delivery.

He therefore concluded that after considering all of the responses and advice, as outlined in the agenda report, his proposal was to approve the application subject to the conditions as set out in the agenda report.

In response to questions the Specialist, Principal Planner confirmed the only vehicular access at present was at one point, however at reserve matters the applicant may propose an additional access point at Crocker Way. 

The Agent then addressed the committee.  He highlighted this was an outline application for mixed development in the direction of growth for Wincanton. He said the current proposed access was via Primrose Hill will all other matters reserved.   He noted there were no objections from any statutory consultees and that the applicant will make a considerable financial contribution towards education and local leisure but without any affordable housing thereby accepting lower profit margins. He believed the development would obtain strategic growth in a sustainable manner and provide jobs and homes for the town.

The Specialist, Principal Planner also confirmed that conditions can be imposed at reserve matter stage to include electric charging points and consideration of solar panels to provide alternative form of green energy.

There being no further debate it was then proposed and subsequently seconded to approve the application per the officer’s recommendation and as set out in the agenda report and with the amendments to the conditions as previously stated.  On being put to the vote this was carried unanimously.

RESOLVED:

The Planning Application 19/02245/OUT be conditionally approved subject to a Section 106 Agreement relating to financial contributions to Education, Leisure, Travel Plan and provision of a LAP totalling £733,282.00.

01.          The proposed development will provide employment and housing in a sustainable location enhancing the role of Wincanton as a Primary Market Town and without harm to the character and amenities of the area, landscape, highway safety or ecology.  As such the scheme is considered to comply with the policies of the South Somerset Local Plan (2006-2028), the Wincanton Neighbourhood Plan (2018) and the aims and objectives of the National Planning Policy Framework.

SUBJECT TO THE FOLLOWING:

01.          The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

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

02.          The development hereby permitted shall be carried out in accordance with the following approved plans: Plans

·         Site Location Plan, dated 1st August 2019

·         Elongated ICD Roundabout Plan, reference 45188/5501/SK02 Rev D dated 8th February 2021

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

03.          Details of the potential secondary access from Crocker Way, appearance, landscaping, layout, and scale of

any phase of development hereby permitted (hereinafter called 'the reserved matters') shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of development within any phase or part thereof. The development shall be carried out as approved.

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

04.          Prior to the commencement of development, a phasing programme detailing the timing for the provision of the commercial and residential uses, open spaces and access/off-site works from A371shall be submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that employment development within the strategic direction of growth for Wincanton and open spaces come forward in a timely manner

05.          Prior to commencement of development of any phase or part thereof, full details of the construction of the site access and highway works shown on Dwg No. 45188/5501/SK02 Rev D shall be submitted to and approved in writing by the Local Planning Authority.  The gradient of the proposed access shall not be steeper than 1 in 10. 

Reason: to ensure the appropriate standards of construction of the access to the site and the remodelled roundabout, in accordance with Policies SS6 and EQ2 of the adopted South Somerset Local Plan 2006 - 2028.

06.          Prior to the commencement of the any phase of development or part thereof hereby permitted a scheme, including its detailed design, that makes provision for the disposal of surface water to prevent its discharge onto the highway, shall be submitted to and approved in writing by the Local Planning Authority. The agreed provision for each phase shall be installed in conjunction with that phase and thereafter maintained at all times.

Reason: In the interests of highway safety, continued access and flood risk, in accordance with policies SS1, SD1, EQ1 and EQ2 of the South Somerset Local Plan.

07.          There shall be no obstruction to visibility greater than 600 millimetres above adjoining road level within the visibility splays. The visibility splays shall be constructed prior to the commencement of the development hereby permitted and shall thereafter be maintained at all times.

Reason: in the interests of highway safety.

08.          No development of any phase or part thereof shall commence until a Construction Environmental Management Plan has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out strictly in accordance with the approved plan. The plan shall include:

·         Construction vehicle movements;

·         Construction operation hours;

·         Construction vehicular routes to and from site;

·         Construction delivery hours;

·         Expected number of construction vehicles per day;

·         Car parking for contractors;

·         Specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice;

·         A scheme to encourage the use of Public Transport amongst contactors; and

·         Measures to avoid traffic congestion impacting upon the Strategic Road Network.

Reason: To ensure the development proceeds in accordance with best practice and any potential negative impacts upon the environment and amenity are mitigated.

09.          Prior to the commencement of development a surface water drainage scheme, based on sustainable drainage principles, shall be submitted to and approved in writing by the Local Planning Authority. The scheme will include details of a programme of implementation and maintenance for the lifetime of the development and will aim to enhance biodiversity, amenity value, water quality, pollution prevention and provide flood risk benefit. The drainage scheme shall ensure that surface water runoff is attenuated on site and discharged at a rate and volume no greater than greenfield runoff rates and volumes. There shall be no surface water connection to the foul drainage network. The details required to be submitted shall include:-

·         Details of phasing and information of maintenance of drainage systems during construction of each phase.

·         Details for provision of any temporary drainage during construction, including demonstrating measures will be in place to prevent unrestricted discharge and pollution to the receiving system.

·         Information about the design storm period and intensity, discharge rates and volumes (both pre- and post-development), temporary storage facilities, means of access for maintenance (allowing a minimum of 6 metres), the sustainable methods employed to delay and control surface water discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and surface waters.

·         Any works required on and off site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing culverts and headwalls or removal of unused culverts where relevant).

·         Flood water exceedance routes both on and off site. The scheme shall demonstrate that no part of the site shall be allowed to flood during any storm up to and including the 1 in 30 event, flooding during storm events in excess of this including the 1 in 100 year event (plus 40% allowance for climate change) must be controlled within the designed exceedance routes demonstrated to prevent flooding or damage to properties.

·         A management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by an appropriate public body or statutory undertaker, relevant management company or maintenance by any other arrangements that will secure the ongoing operation and maintenance of the system throughout the lifetime of the development.

The development shall be carried out in accordance with the approved details.

Reason: In the interests of protection against flood risk, and to ensure the development is served by a satisfactory, sustainable system of surface water drainage that is retained, managed and maintained throughout the lifetime of the development, in accordance with National Planning Policy Framework and Policy EQ1 of the adopted South Somerset Local Plan.

10.          The development shall be carried out in accordance with the submitted flood risk assessment (ref 'Land at

Lawrence Hill, Wincanton - Flood Risk Assessment' dated 8 August 2019 and letter from Stantec dated 24 October reference 45188/4001/TAU/PJ/AJ/CMq). Finished floor levels are to be set a minimum of 300mm above the 100year event plus 30% flood level as described in the additional information submitted by the agent. Levels must be appropriately interpolated across the site and agreed in writing via the Local Planning Authority.

Reason: to reduce the risk of flooding to the proposed development and future occupants

11.          As part of any reserved matters application, a plan showing parking spaces in accordance with the Somerset County Council Parking Strategy shall be submitted to an approved in writing by the local planning authority. Each parking space shall be properly consolidated in the approved manner before any dwelling it is intended to serve is first occupied and shall thereafter be made available at all times solely for the parking of vehicles in association with those dwellings.

Reason: In the interests of ensuring appropriate parking and highway safety for the site, in accordance with policies TA5 and TA6 of the South Somerset Local Plan.

12.          Prior to the commencement of development, a lighting strategy shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall include technical details and siting of all proposed external lighting and will demonstrate how areas to be lit will not disturb or prevent the activities of bats. All external lighting shall be installed in accordance with the specifications and locations set out in the agreed strategy, and these shall be maintained thereafter in accordance with the design. No other external lighting be installed without prior consent from the Local Planning Authority. 

Reason: In the interests of bats, a protected species, in accordance with the provisions of the Chapter 15 of the National Planning Policy Framework.

13.          A landscape and ecological management plan (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to the commencement of the development. The content of the LEMP shall include the following:

(a)     Description and evaluation of features to be managed.

(b)     Aims and objectives of management.

(c)     Management prescriptions and work schedule.

(d)     Details of the body or organization responsible for implementation of the plan.

(e)     Ongoing monitoring and remedial measures.

(f)      The roles and responsibilities and operations that will be overseen by an Ecological Clerk of Works.

The approved plan will be implemented in accordance with the approved details.

Reason: In the interests of the 'Favourable Conservation Status' of populations of European and UK protected species, UK priority species and habitats listed on s41 of the Natural Environment and Rural Communities Act 2006 and in accordance with South Somerset District Council Local Plan - Policy EQ4 Biodiversity.

14.          The development shall be carried out in accordance with the scheme of biodiversity and ecological enhancements set out at Section 6 of the Ecological Impact Assessment (July 2019) by Green Ecology.  

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 Local Plan Policy EQ4.

15.          Prior to the commencement of any works above damp-proof course, details of the external materials for the walls and roofs of the building under construction shall have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

Reason: To safeguard the character and amenities of the area in accordance with Local Plan Policy EQ2.

16.          No building shall be occupied until works for the disposal of sewage shall have been provided on the site to serve the development hereby permitted, in accordance with details that have first been submitted to and approved in writing by the local planning authority.

Reason:  To ensure a satisfactory system of foul drainage in accordance with Local Plan Policies EQ1 and

EQ7

17.          No removal of hedgerows shall take place between 1st March and 15th September inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to the local planning authority.

Reason: In the interests of nesting wild birds and in accordance with policy EQ4 of the South Somerset Local Plan

18.          Prior to occupation, a "lighting design for bats" shall be submitted to and approved in writing by the local planning authority. The design shall show how and where external lighting will be installed (including through the provision of technical specifications) so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory. All external lighting shall be installed in accordance with the specifications and locations set out in the design, and these shall be maintained thereafter in accordance with the design. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

Reason: In the interests of the Favourable Conservation Status of populations of

European protected species and in accordance with policy EQ4 of the South Somerset Local Plan

Informatives:

01.          Somerset County Council is the Lead Local Flood Authority (LLFA) as defined by the Flood and Water Management Act 2010 and the Flood Risk Regulations 2009. Under section 23 of the Land Drainage Act there is a legal requirement to seek consent from the relevant authority before piping/culverting or obstructing a watercourse, whether permanent or temporary. This may also include repairs to certain existing structures and maintenance works. This requirement still applies even if planning permission has been granted

For more information, please visit https://www.somerset.gov.uk/waste-planning-andland/apply-for-consent-to-workon-an-ordinary-watercourse/

02.          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, for example in the demolition of the barn, it is recommended that works stop and advice is sought from a suitably qualified, licensed and experienced ecologist at the earliest possible opportunity.

The proposed planting of a hedgerow would suffice to fulfil the National Planning Policy Framework (paragraph 170(d)) requirement for biodiversity enhancement to be provided within development.

03.          Please be advised that subsequent full or reserved matters approval by SouthSomerset 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. You are advised to visit our website for further details

https://www.southsomerset.gov.uk/cil or email cil@southsomerset.gov.uk