Agenda item

Planning Application 20/03631/S73A - Glendale, Butchers Hill, Fivehead.

Meeting of Area North (Informal), Wednesday 14th July 2021 2.00 pm (Item 28.)

Minutes:

Proposal: Application to vary conditions 02, 03, 04, 05, 06, 07, 08, 10 of approval 18/01855/FUL (Demolition of existing dwelling and the erection 3 No. new dwellings), as varied by approval 19/02672/S73, to allow change to siting of the three dwellings, minor changes to internal layout and elevations and amended landscaping scheme.

(Prior to presentation of the application, the Chairman noted that Cllr Mike Stanton was acting ward member for the application in Cllr Malcolm Cavill's absence.)

The Specialist (Development Management) introduced the application and provided a comprehensive presentation of what was proposed in this application, an overview of previous approved permissions, and highlighted the key considerations. She noted some objections had been raised regarding climate change matters such as flooding issues and fitting of solar panels, however as such matters had been assessed with the original 2018 application it was unreasonable to introduce other matters now under this S73A application. Some concerns had also be raised regarding ecology issues as the site had now been cleared, however formal consultees had not raised any objections. No changes to the already approved scheme were proposed regarding highways, and the current widening of the access was temporary during construction.

She updated members that since the agenda had been published a letter of support had been received, and the parish council maintained their objection. It was explained that matters relating to the recent 2021 Fivehead Housing Needs Survey were not considered relevant as this application was considering changes to the 2018 permission.

Due to comments and concerns raised in representations, she explained in detail about the ground levels and re-positioning of the dwellings, and acknowledged that full detail about exact ground levels had not been provided in previous applications due to the site being overgrown. Overlooking was not considered to be an issue due to the distances, retained trees and proposed landscape planting. She advised that concerns raised about ownership, covenants or damage to third party property were a civil matter and not for the Local Planning Authority to consider.

If members were minded to approve the application, she suggested an update to condition 2 to update the approved details and include the finished floor plans to ensure the ground levels.

A parish councillor, Chairman of Fivehead Parish Council and a member of the public spoke in objection to the application, and some of their comments included:

· Reference to their supplied slide showing current proposal overlaid over the 2018 permission.

· Reference to the position of the houses and datum lines, don't believe the buildings have just been moved south.

· There were failings for section diagrams in the previous S73 application.

· The parish wanted what had originally been promised in the 2018 proposal - three modern houses in a woodland setting.

· Referring to the landscape plan and tree planting - feel some works have been undertaken in breach of ecology conditions.

· Concern now at the increased height of the buildings which consider to be unreasonable and will impact on privacy and residential amenity.

· Feel to say buildings have been moved south is spurious.

· The ground levels need to be monitored.

· There needs to be significant planting and the original proposals for doors and windows should be re-instated.

The applicant and agent then addressed members and some of their points included:

· Had purchased site with permission for three modern dwellings, and provided a brief background of aspirations.

· Proposal to move the buildings south provided a better layout and more space to the north at plot 1.

· The challenge of a sloping site with undulations had led to the layout as proposed in this application.

· Applicant has been mindful of the need to be sympathetic to the site, and the technical requirements on the applicant are onerous.

· If use the fall-back position the position of buildings would be 6 metres higher up the hill.

· As a whole the development follows the fall of the land, and the buildings will be 30 metres from neighbouring dwellings and lower in height.

Acting ward member, Councillor Mike Stanton, commented there seemed to be conflicting assertions especially about whether the buildings have moved 6 metres to the south. He asked whether the buildings were actually higher in this current proposal? He noted he had discussed the application at length with the actual ward member, and also the parish council, agent, applicant, officers and local residents. It was a difficult and long running saga with many objections locally. There were clearly many strong feelings about the position and height of the proposed buildings, and also concerns about the appearance of the site now it had been cleared. He agreed with the officer recommendation to approve, and did not feel any of the objections provided a strong enough reason to refuse the application.

In response to comments raised, the Specialist (Development Management) advised that:

· Looking at the aerial block plans, yes, the buildings had moved south.

· Acknowledge where the parish council are coming from with their supplied overlay plan.

· There was no evidence to indicate that the building were higher in this current proposal, as no ground levels were shown on the 2018 plan, and the extant permission had no specified ground levels agreed on it.

· Condition 4 provided for tree work measures. The SSDC tree officer had raised no objections to the work that had taken place or that was proposed.

· Condition 8 provided for landscaping with extensive planting.

· Condition 7 for surface water drainage and run off onto the highway from the access had been agreed through discharge of conditions.

During a short discussion some mixed views were raised including:

· No previous datums and feel this proposal with conditions gives us a stronger position.

· Acknowledge the number of objections. Feel people need some confidence and assurances, as it seems there may have been some basic communication errors with the parish council.

· Applicant could build on the fall-back position. Feel will always be some differences of opinion about the levels and positions.

At the end of debate it was proposed to approve the application as per the officer recommendation, subject to the amendment of condition 2 as advised by the officer. and an additional condition relating to finished floor levels being as shown on the submitted plan. On being put to the vote, the proposal was carried 6 in favour, 1 against.

RESOLVED:

That planning application 20/03631/S73A be GRANTED permission, in accordance with the officer recommendation, subject to conditions listed in the report with an amendment to Condition 2 to vary the approved plan number and include the finished floor plans to ensure the ground levels.

Justification:

01. The proposed variation of conditions are deemed to be acceptable as the amendments, by reason of its size, scale, design and materials, preserve and protect the character and appearance of the area and will cause no unacceptable harm to local ecology, residential amenity, flooding or highway safety, in accordance with the aims and objectives of policies SD1, SS2, TA5, TA6, EQ1, EQ2, EQ4 and EQ5 of the South Somerset Local Plan and the National Planning Policy Framework.

Subject to the following conditions:

01. Notwithstanding the time limits given to implement planning permission as prescribed by Sections 91 and 92 of the Town and Country Planning Act 1990 (as amended), this permission (being granted under section 73A of the Act in respect of development already carried out) shall have effect from the commencement of the use hereby approved.

Reason: To comply with Section 73A of the Act.

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

DSGN0087_P_LS01_Rev C (Proposed Location & Site Plan),

DSGN0087_S73_BP01_Rev E (Block Plan),

DSGN0217_S73_P01_Rev D (Proposed Floor Plans & Elevations Plot 1)

DSGN0087_S73_P02_Rev B (Proposed Floor Plans & Elevations Plot 2), DSGN0087_S73_P03_Rev C (Proposed Floor Plans & Elevations Plot 3)

DSGN0087_S73_P04_Rev A (Proposed Carports and Officers for Plots 1,2 & 3 and Bat Roost).

DSGN0217_S73_P05_Rev B (Site levels and Section)

188/Lan_02d dated November 2020 (Landscape plan)

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

03. The development hereby permitted, in respect to landscaping and ecological conservation, protection and mitigation, shall be carried out in strict accordance with the specifications identified within the submitted Landscape Management Plan (188/LAN_01e) and accompanying Landscape Proposals Plan (188/LAN_02b) and Construction Environmental Management Plan (Ref AE/3550), received 2nd October 2018.

Reason: In the interests of visual amenity, to safeguard the character and appearance of the area, and for the conservation and protection of species of biodiversity importance in accordance with NPPF and policies EQ2, EQ4 and EQ5 of the South Somerset Local Plan, and to ensure compliance with the Wildlife and Countryside Act 1981 and The Habitats Regulations 2017.

04. The scheme of tree protection and tree work measures as prepared by Hellis Arboriculture & Landscape Design (Ref: 16/11/188/NH) shall be fully adhered to and monitored throughout the development in accordance with the details submitted with this application and discharged details under application 20/01196/DOC, in relation to planning approval 19/02672/S73. The approved tree and hedgerow protection requirements shall be implemented in their entirety (inclusive of the submitted requirement for phased arboricultural supervision) for the duration of the construction of the development and the protective fencing and signage may only be moved or dismantled with the prior consent of the Council in-writing.

Reason: To preserve the health, structure and amenity value of existing landscape features (protected trees) in accordance with the policies EQ2, EQ4 and EQ5 of The South Somerset Local Plan and the aims and objectives of the National Planning Policy Framework.

05. The approved access shall be properly consolidated and surfaced in accordance with the details submitted and discharged under application 20/01196/DOC in relation to planning approval 19/02672/S73. Such approved details shall be carried out prior to any of the dwellings hereby approved being first occupied and maintained thereafter.

Reason: In the interests of highway safety, in accordance with policy TA5 of the South Somerset Local Plan and the aims and objectives of the National Planning Policy Framework.

06. The proposed estate roads, footways, footpaths, tactile paving, cycleways, bus stops/bus lay-bys, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car, motorcycle and cycle parking, and street furniture shall be constructed and laid out in accordance with the details submitted and discharged under application 20/01196/DOC in relation to planning approval 19/02672/S73.

Reason: In the interests of highway safety, in accordance with policy TA5 of the South Somerset Local Plan and the aims and objectives of the National Planning Policy Framework.

07. Surface water drainage to serve the development, shall be carried out in accordance with the details submitted and discharged under application 20/01196/DOC in relation to planning approval 19/02672/S73 and as indicated on the approved block plan. Such approved drainage details shall be completed and become fully operational before any part of the development hereby permitted is first brought into use. Following its installation such approved scheme shall be permanently retained and maintained thereafter.

Reason: In the interests of highway safety and to ensure that the development is served by a satisfactory system of drainage, in accordance with policies TA5, EQ1 and EQ2 of the South Somerset Local Plan) aims and objectives of the National Planning Policy Framework.

08. The scheme of landscaping shall be carried out in full accordance with approved drawing no. 188/LAN_02d and the Landscape Management plan ref: 188/LAN_01e, and implemented in the first planting and seeding season following the first occupation of the dwellings or the completion of the development, whichever is the sooner; and shall be maintained and retained in perpetuity. Any trees or hedging which die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason: In the interest of visual and residential amenity, in accordance with Policy EQ2 of the South Somerset Local Plan.

09. Prior to first occupation of any of the dwellings hereby permitted, 16amp electric charging points for electric vehicles shall be provided adjacent to the parking spaces shown on the approved plans. Sufficient electric charging points for at least one per dwelling shall be provided in this way. Once installed such parking points shall be retained 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.

10. The development hereby permitted shall be carried out strictly in accordance with the submitted Construction Traffic Management Plan dated December 2020 and all agreed temporary work, such as widening of the access, shall be fully reinstated to reflect the approved plans following the first occupation of all the dwelling hereby approved.

Reason: In the interests of visual and residential amenity and highway safety, in accordance with policies TA5, EQ2 and EQ3 of the South Somerset Local Plan and the aims and objectives of the National Planning Policy Framework.

11. The areas allocated for parking and turning on the approved plans shall be provided prior to the occupation of the dwelling for which each parking space is provided and thereafter shall be kept clear of obstruction and shall not be used other than for the parking and turning of vehicles in connection with the development hereby permitted.

Reason: In the interests of highway safety, in accordance with policies TA5 and TA6 of the South Somerset Local Plan and the aims and objectives of the National Planning Policy Framework.

12. At the proposed access, there shall be no obstruction to visibility greater than 600mm above adjoining road level forward of the visibility splays indicated on the approved plans. Such visibility splays shall be provided prior to any of the dwellings hereby approved first being occupied and shall thereafter be maintained at all times.

Reason: In the interests of highway safety, in accordance with policy TA5 of the South Somerset Local Plan and the aims and objectives of the National Planning Policy Framework.

13. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order), the use of any garage hereby permitted, as part of this development shall not be used other than for the parking of domestic vehicles and not further ancillary residential accommodation, or any other purpose whatsoever.

Reason: In the interests of highway safety, in accordance with policies TA5 and TA6 of the South Somerset Local Plan and the aims and objectives of the National Planning Policy Framework.

14. 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 alterations to the approved windows and doors once built, and no additional windows, including dormer windows, or other openings (including doors) shall be formed in the dwellings hereby permitted without the prior express grant of planning permission.

Reason: In the interests of residential, in accordance with policy EQ2 of the South Somerset Local Plan and the aims and objectives of the National Planning Policy Framework.

15. 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), the roofs of the buildings hereby permitted shall not be used as a roof terrace or as any other area of domestic amenity space, without the prior express grant of planning permission.

Reason: In the interests of residential, in accordance with policy EQ2 of the South Somerset Local Plan and the aims and objectives of the National Planning Policy Framework.

16. 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 building and no buildings or other structures including walls, fences and ponds to be built within the application site as a whole without the prior express grant of planning permission.

Reason: In the interests of visual amenity, to safeguard the character and appearance of the area, and for the ongoing conservation and protection of species of biodiversity importance in accordance with NPPF and policies EQ2, EQ4 and EQ5 of the South Somerset Local Plan, and to ensure compliance with the Wildlife and Countryside Act 1981 and The Habitats Regulations 2017

17. The finished floor levels shall be as indicated on approved drawing no. DSGN0217_S73_P05_Rev B.

Reason: in the interest of visual and residential amenity in accordance with policy EQ2 of the South Somerset Local Plan (2006-2028)

Informatives:

01. 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.

You are advised to visit our website for further details https://www.southsomerset.gov.uk/cil or email cil@southsomerset.gov.uk.

02. Having regard to the powers of the Highway Authority under the Highways Act 1980 the applicant is advised that the creation of the new access will require a Section 184 Permit. This must be obtained from the Highway Service Manager for the South Somerset Area at The Highways Depot, Mead Avenue, Houndstone Business Park, Yeovil BA22 8RT, Tel No 0845 345 9155. Application for such a permit should be made at least four weeks before access works are intended to commence.

(Voting: 6 in favour, 1 against)

Supporting documents: