Agenda item

Proposal: Erection of a dwelling (resubmission)

The Specialist, Principal Planner presented the application as detailed in the agenda, and with the aid of PowerPoint presentation, continued to show the site and proposed plans.

The following key considerations did not raise any concerns:

·         Impact on any nearby designated heritage assets

·         Visual and Residential Amenity

·         Highway safety in respect of additional vehicles use the local road network

·         Biodiversity

·         Flood Risk

As the Local authority did not have a 5-year land supply, the tilted balance would be taken into account. The one dwelling would make minimal impact towards the housing target.

He highlighted the other considerations with Stoke Trister as:

·         Not being a policy SS2 settlement, it only has one facility – a church.

·         Not closely related to other settlements in the area

·         Not appropriate to cluster the site in terms of sustainability

·         The road were narrow, unlit and there was not safe movement for pedestrians or cyclists.

The application was for a self-build proposal. He explained that the authority was already providing sufficient self-build plots to meet demand in terms of the register.

In conclusion, the proposal was contrary to the aims and objectives of sustainable development as set out within policies SD1 and SS1 of the local plan, and the officer recommendation was for refusal.

The Chairman of Stoke Trister and Bayford Parish Council spoke in support of the application, and some of her comments included:

·         The Parish Council supported this application unanimously

·         Felt the proposed development was within the existing surrounding houses in Stoke Trister.

·         Other approved development had been approved in Stoke Trister that would be further away from existing houses.

·         The applicants were very active members of the community

·         Rural settlements such as Stoke Trister supported other neighbouring settlements, such as Bayford, which had a village hall and a pub.

The Principal Planner confirmed that a site visit from the Case Officer had been undertaken.

The applicant and agent then addressed the Committee and some of their comments included;

·         The applicants had longstanding ties with the local area and were very active member s of the community

·         The proposal has been designed to enhance the character of the village

·         There was unanimous approval from the Parish council and many local residents

·         The applicants would engage local tradesmen throughout the development

·         The amenities in the cluster of surrounding villages were shared throughout and so not considered unsustainable

·         The lanes were safe to walk, cycle and for horse riding.

·         In rural areas, planning policies and decisions should be responsive to local circumstances and be supportive of those applications which had support of the local community

·         The site is an infill plot, not an isolated area

·         Development in smaller settlements may support village nearby.

·         Other single build developments in smaller settlements than Stoke Trister such as Yenston had been approved

·         Self-build developments should be supported and granting this permission would not open floodgates for significant additional development.

·         The proposal did comply with Local Plan policy SS2 and paragraphs 62, 78 & 79 of the NPPF (National Planning Policy Framework)

Ward Member Councillor Robin Bastable explained to members how he felt there were fors and against on both sides. He felt the committee would be best placed to make the right decision and he welcomed members input.

During discussion, member’s views were supportive of the application and many echoed the same views. Some of their comments included;

·         Did not agree that a rural settlement was any less safe to walk in that a bigger village or town, where there would still be narrow winding lanes.

·         Felt that policy SS2 needed reviewing in respect of sustainability and allowing local people to remain in their small community.

·         Stoke Trister was in a cluster of villages with a number of facilities and this should be taken into account

·         The views of the Parish Council were important to take into account

·         The family benefit the local economy and this should be supported

·         Was in full support of self-build properties, and queried the environmental plans for the proposal

·         Whilst the policies were out of date, the planning officers still have to work with the existing policies. The role of the committee would be use good judgement where it was felt an out of date policy was being used as part of a reason for refusal.

·         Would there be new sewage treatment work put in?

·         There should be a greater support for self-builds.

The Applicants responded to member questions and explained the build would have modern ground source/air source heat pumps. They would look forward to further build details if the proposal was approved to see what the best options would be. They were conscious to maintain the character of the village within their proposal. They confirmed that a new sewage treatment plant would be installed.

There was no further discussion and members proposed and seconded to go against the officers recommendation and approve the application.

Members agreed the reason for approval was that the application did meet the needs and objectives of SSDC policies, it was within the parish of Bayford and Stoke Trister and therefore was sustainable.

The Planning Officer read out the proposed conditions and members were happy to agree. They asked rather than a condition, that an informative for Solar panels be added.

On being put to the vote, it was carried, with 9 votes in favour, and 2 abstentions.

RESOLVED:  Subject to the prior satisfactory completion of a planning obligation by way of unilateral undertaking made pursuant to Section 106 of the Town and Country Planning Act 1990 requiring the future non-fragmentation of the site and to ensure that the proposed dwelling will be a self-build project, permission be GRANTED for the following reason:

Reason:          Having regard to its self-build nature, the proposal is considered to be acceptable in this location, and would cause no significant adverse impact on any nearby designated heritage asset, on the character of the area, residential amenity, highway safety, flood risk, biodiversity or on the Somerset Levels and Moors Ramsar site. As such it accord with Policies SD1, SS1, SS2, EQ1, EQ2, EQ3, EQ4, TA5 and TA6 of the South Somerset Local Plan and relevant guidance in the NPPF.

(Voting 9 in favour, 2 Abstentions)

Subject to the following Conditions:

1.         Standard Time Limit

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.       Accord with Plans

The development hereby permitted shall be carried out in accordance with the following approved drawings:

Drawing no. 255-SLP: Site Location Plan

Drawing no. 255-SP: Site Plan/Block Plan

Drawing no. 170606/2 (untitled)

Drawing no. HST/01 (untitled)

Drawing no. HST/03: Landscape Section and Garage Details

Drawing no. HST/04: Landscape

Drawing no. HST/10: Plans

Drawing no. HST/11: Elevations

Drawing no. HST/12: Elevations

Drawing no. HST/13: Sections

Drawing no. BTC18062 P_01 Rev P1: Proposed Access, General Arrangement & Visibility Splays

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

3.       Tree and Hedge Protection

No site clearance or building operations of any type shall commence or equipment, machinery or materials brought onto site until a scheme for the protection of all retained boundary trees and hedges, in accordance with BS5837:2012 Trees in relation to design, demolition and construction – Recommendations has been fully implemented in accordance with the details set out in the submitted document “Arboricultural Report” (Ref. ATC/2018/472), dated 13^th December 2018, prepared by Astill Treecare Ltd, and its various appendices.

Thereafter, the development shall be implemented in strict accordance with the approved details and the approved scheme shall be kept in place until all parts of the development have been completed and all equipment, machinery and surplus materials have been removed from the site.

Reason: The implementation of the submitted scheme for the protection of all retained trees and hedges prior to the commencement of works is fundamental to satisfy the Local Planning Authority that the trees and hedges to be retained will not be damaged during construction thus retaining continuity of tree cover and maintaining and enhancing the quality and character of the area, including ecological, environmental an biodiversity benefits, having regard to Policies EQ2, EQ3 and EQ4 of the South Somerset Local Plan and relevant guidance within the NPPF.

4.       Root Protection Areas

At no time during the construction phases of the development hereby permitted shall the following works be carried out within the Root Protection Areas (RPA as defined in BS5837:2012) of any retained tree and hedgerow, except with the prior written approval of the Local Planning Authority:

(a) Notwithstanding the provisions of Article 3, Schedule 2, Part 4, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking, re-enacting or modifying that Order), no materials, equipment, machinery or structure shall be attached to or supported by a retained tree or hedgerow within said RPA and no materials shall be stored, temporary buildings erected, moveable structures, works, plant or machinery placed or ground levels altered within any part of the RPA).

(b) No mixing of cement or use of other contaminating materials or substances shall take place within, or close to, a RPA that seepage or displacement could cause them to enter a RPA.

(c) Levels shall not be raised or lowered in relation to existing ground levels within the RPA of any retained tree or hedgerow.

(d) No roots shall be cut, trenches dug or soil removed within the RPA of any retained tree or hedgerow.

(e) No buildings, hardened areas or other engineering operations shall be constructed or carried out within the RPA of any retained tree or hedgerow.

(f) No vehicles shall be driven over the area of the RPA of any retained tree or hedgerow.

Reason: To ensure the wellbeing of trees and hedges to be retained and continuity of tree cover and maintaining and enhancing the quality and character of the area, including ecological, environmental and biodiversity benefits, having regard to Policies EQ2, EQ3 and EQ4 of the South Somerset Local Plan and relevant guidance within the NPPF.

5.       Timing of Works (Nesting Birds)

No removal of potential bird nesting habitats, comprised of hedgerows, trees, scrub , shrubs and ruderal vegetationshall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of buildings and vegetation for active birds’ nests immediately before works proceed and 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 and written agreement from the Local Planning Authority so obtained.

Under no circumstances should blocking bird access to certain areas and features in using plastic bird netting hung over the gaps and apertures be carried out, as this can lead to entrapment from birds caught in netting.

Reason: To provide adequate safeguards for nesting birds, which are afforded protection under the Wildlife and Countryside Act 1981 (as amended), having regard to Policy EQ4 of the South Somerset Local Plan and relevant guidance within the NPPF.

6.       Reptile Protection Measures

Any vegetation in the construction area of the application site should be kept below, or initially be reduced to a height of 10 centimetres above ground level by hand, brashings and cuttings removed and the remainder left for a minimum period of 48 hours of fine warm weather (limited rain and wind, with temperatures of 10°C or above) before clearing to minimise the risk of harming/killing any reptiles that may be present and to encourage their movement onto adjoining land. This work shall only be undertaken during the period between March and October under the supervision of competent ecologist. Once cut vegetation should be maintained at a height of less than 10cm for the duration of the construction period. A letter confirming these operations and any findings shall be submitted to the Local Planning Authority by the ecologist responsible.

Reason: In the interests of UK protected and priority species and in accordance with Policy EQ4 of the South Somerset Local Plan and relevant guidance in the NPPF.

7.       Construction of Access

Prior to commencement of construction of the dwelling hereby permitted, the proposed vehicular access over at least the first 6.0 metres of its length, as measured from the edge of the adjoining carriageway, shall be properly consolidated and surfaced (not loose stone or gravel) and its gradient shall not be steeper than 1 in 10 as indicated on the approved drawing no.BTC18062 P_01 Rev P1. Once constructed the access shall thereafter be retained and maintained in that condition at all times.

Reason: To prevent loose debris, stones, gravel and similar non-compacted material from being deposited onto the County highway in the interests of highway safety and convenience, having regard to Policies EQ2 and TA5 of the South Somerset Local Plan and relevant guidance within the NPPF.

8.       Details of External Materials

Notwithstanding the details indicated on the submitted drawings, prior to construction/progression of any part of the development hereby permitted above slab level/ground floor level, a schedule of materials and (colour) finishes (including samples and trade descriptions/brochure details where appropriate) of materials to be used in the external surfaces of the development shall be submitted to and approved in writing by the Local Planning Authority. Such a schedule shall include:

(a) details of the type, size, colour and profile of the tiles to be fixed to the roofs of the buildings, together with type, colour and profile of ridge tiles;

(b) a sample panel of the type of stonework, type of pointing and the mortar to be used, measuring not less than two square metres, shall be provided for inspection and written approval by the Local Planning Authority prior to the construction of any new walls and thereafter kept on site for reference until the stonework is completed. Machine cut or sawn faces shall not be used in the walls or for quoin stones.

(c) elevation, plan and vertical sectional drawings at an appropriate scale of all external windows and doors (including garage doors) indicating details of their design, appearance (including thresholds), profiles, position in wall reveals, opening lights (if any), materials, finish and colour, including their method of opening, and materials and finish of all lintels and sills. For the avoidance of doubt, the windows and doors shall be of timber construction and not uPVC.

(d) constructional details at an appropriate scale of all eaves, verges and barge boards. Unless otherwise agreed in writing by the Local Planning Authority, all new (and any subsequent replacement) fascia boards shall be fitted tight to the wall face and the barge shall be finished either with a close fitting timber board or the wall finish taken directly up to the underside of the roof covering;

(e) the colour and finish of all timber decorative features to be used and a drawn section to show its profile, lapping and finish;

(f) the locations, heights, sizes, materials of construction and colour finishes of all flues, ducts, rainwater goods, external vents, extracts, external meter / service boxes and any other external attachments. All meter /service boxes should be fitted to an internal wall where practical and feasible but, if proven to the Local Planning Authority that internal siting of meter / service boxes is not practical and feasible then all external wall mounted meter /service boxes shall be located away from the primary elevations and prominent side walls.

(g) the type, size, siting and method of fixing of all rooflights to be used. All rooflights shall be fitted flush to the roof plane wherever possible.

The development shall be constructed in accordance with the approved details and completed before the development is first occupied (or completed to a stage previously agreed in writing by the Local Planning Authority) and thereafter shall be retained and maintained in that form, unless the Local Planning Authority gives prior written approval to any subsequent variation.

Reason: To enable the Local Planning Authority to consider the details of all external finishing materials prior to their installation/construction at an appropriate stage in the course of the development to ensure that the development displays good design practise and reflects local distinctiveness, having due regard to safeguarding visual and residential amenity and designated heritage assets and in accordance with Policies EQ2 and EQ3 of the South Somerset Local Plan and relevant guidance within the NPPF.

9.       Details of Hard and Soft Landscaping Scheme

Prior to construction/progression of any part of the development hereby permitted above slab level/ground floor level, a scheme of hard and soft landscaping, which shall include details of all hardsurfacing materials and the location, number, species, density, form and size of proposed tree, hedge and shrub planting (this should include native species which occur locally and chosen to provide food for insects on which bats feed), as well as details of any changes in existing ground levels, shall be submitted to and approved in writing by the Local Planning Authority.

As set out in Section 3 of the submitted document “Phase Two Survey Works (Reptile and Grassland)”, dated July 2019, prepared by Abbas Ecology, the submitted soft landscaping scheme shall include general site planting enhancement measures including:

(a) All new hedgerows to be planted up with native species comprised of a minimum of five of the following species: hazel, blackthorn, hawthorn, field maple, elder, elm, dog rose, bird cherry and spindle. The hedgerow shall be laid on reaching maturity, and cut on a 3 year rotation thereafter;

(b) All hedgerows must have a two-meter buffer protection area to avoid the tipping of waste within the hedgerows. Fluorescent tape must be used to indicate this protection zone and contractors briefed not to dump any materials in this area or drive over it;

(c) Yellow rattle seed shall be sown in autumn across the site, following a grass cut which will reduce dense grass swards from forming and stopping wildflowers from flowering;

(d) The western end of the site shall be sown with wildflower seeds suitable to the location and soil type and shall thereafter be established and cut as per the recommendations in said document.

The approved soft landscaping scheme shall be completely carried out within the first available dormant planting season (November to February inclusively) from the date of completion of the development or following occupation of the building, whichever is the sooner.

Reason: To safeguard and enhance the landscape character and visual amenity of the area; to help assimilate the development into its immediate surrounds; and to provide ecological, environmental and biodiversity benefits, having regard to Policies EQ2 and EQ4 of the South Somerset Local Plan and relevant guidance within the NPPF.

10.    Replacement Planting

For a period of five years after the completion of the landscaping scheme approved pursuant to condition 09, the trees, hedges and shrubs shall be protected and maintained in a healthy weed free condition. Any trees, hedges or shrubs that cease to grow or are felled, removed, uprooted, destroyed or die, or become in the opinion of the Local Planning Authority seriously damaged, diseased or defective, shall be replaced by trees, hedges or shrubs of similar size and species, or other appropriate trees, hedges or shrubs as may be approved in writing by the Local Planning Authority. This replacement planting shall be undertaken before the end of the first available planting season (October to March inclusive for bare root plants), following the removal, uprooting, destruction or death of the original trees or plants.

Reason: To safeguard and enhance the landscape character and visual amenity of the area; to help assimilate the development into its immediate surrounds; and to provide ecological, environmental and biodiversity benefits, having regard to Policies EQ2 and EQ4 of the South Somerset Local Plan and relevant guidance within the NPPF.

11.     External Lighting

Prior to the erection, installation, fixing, placement and/or operation of any external lighting on the site (including on any of the buildings themselves), details of such external lighting (including amenity and security lighting) shall be submitted to and approved in writing by the Local Planning Authority, including through the provision of technical specifications. Such details shall include the equipment and supporting structures, positions, sizes, heights, type, luminance/light intensity, direction and cowling of all external lights to the buildings and any other parts of the application site edged red (as indicated on the approved Site Location Plan) and the hours at which such lighting is to be operated, so that it can be clearly demonstrated that areas to be lit will not disturb or prevent bats using their territory or having access to their resting places.

The external lighting shall thereafter be carried out in accordance with the approved details (unless the Local Planning Authority gives prior written approval to any subsequent variations), and shall thereafter be retained in that form and under no circumstances shall it cause light pollution.

Reason: To safeguard the rural character and appearance of the locality and the setting of any nearby designated heritage asset; to safeguard the residential amenities of owners/occupiers of existing neighbouring property; to safeguard any biodiversity interests; and in the interests of public safety and convenience, having regard to Policies EQ2, EQ3, EQ4 and TA5 of the South Somerset Local Plan and relevant guidance within the NPPF.

12.     Ecological Enhancement Measures

Prior to any occupation of the dwelling hereby permitted, the following ecological enhancement measures shall be erected / constructed / installed into the overall development scheme on the site, in accordance with details indicating the siting and appearance of such measures which shall be previously submitted to and approved in writing by the Local Planning Authority.

(a) Six bee bricks built one metre off the ground into the exterior of the carport/garage facing a southern direction and not blocked by growing vegetation;

(b) Two 1FR Schwegler bat tubes (or similar) built into either the northern or western gable end, close to the northern hedgerow, at least three metres but no more than six metres above ground level;

(c) Two double entrance house martin nesting cups installed at least three metres above ground level under the north or east facing eaves on the exterior walls, or within an outbuilding;

(d) Two Manthorpe swift bricks, or similar, installed into the external gable wall, ideally below the overhang of the verge and bargeboard, facing north or east and be five metres above ground level.

Photographs showing the erection or installation of these ecological enhancement measures shall be submitted to the Local Planning Authority by the applicants/developer and the Local Planning Authority shall acknowledge receipt and confirm its acceptance of the photograph within 21 days thereafter following its receipt.

Thereafter, such ecological enhancement features shall be retained and maintained in-situ and shall not be removed, either in whole or in part, without the prior written approval of the Local Planning Authority. Under no circumstances should blocking of these approved bat tubes, nesting cups, swift bricks and bee bricks be carried out and they shall be kept free from vegetation.

Reason: The provision of, and submission to, and written confirmation of acceptance by, the Local Planning Authority of the photographs of the stated ecological enhancement measures is fundamental to ensure that the development contributes to the Government’s target of no net biodiversity loss as set out in the NPPF, Policy EQ4 of the South Somerset Local Plan, and obligations for biodiversity under the Natural Environment and Rural Communities Act 2006.

13.     Electric Vehicle Charging Point

The dwelling hereby permitted shall not be occupied until an electric vehicle charging point (EVCP) rated at a minimum of 16 amps has been provided for the dwelling within its associated parking or garage space. Such provision shall be in accordance with details indicating the siting, design, rating and appearance of the EVCP which shall be previously submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure provision of an EVCP for low emission vehicles as part of the transition to a low carbon economy, having regard to Policy TA1 of the South Somerset Local Plan and relevant guidance within the NPPF.

14.     Garaging, Parking and Turning

The garaging, parking and turning spaces and access thereto shall be provided, hardened, surfaced and laid out in accordance with the approved plans prior to first occupation of the dwelling, and thereafter shall be maintained and retained for such purposes of parking and turning of vehicles (including motorcycles and bicycles) incidental to the occupation and enjoyment of the dwelling hereby permitted to which they serve, and kept permanently free from any other forms of obstruction.

Reason: To protect the visual and residential amenities of the site and surrounds and to ensure that adequate on-site parking and turning spaces are provided and thereafter retained to enable vehicles to turn on-site without having to reverse onto the County highway, in the interests of and for the safety of persons and vehicles using the development and the adjoining road, having regard to Policies EQ2, TA5 and TA6 of the South Somerset Local Plan and relevant guidance within the NPPF.

15.     Visibility

At the proposed new access, there shall be no obstruction to visibility greater than 900 millimetres above adjoining road level within the visibility splays shown on the approved drawing no. BTC18062 P_01 Rev P1 hereby permitted and shall thereafter be retained and maintained at all times.

Reason: In the interests of highway safety and public convenience in accordance with Policies EQ2 and TA5 of the South Somerset Local Plan and relevant guidance within the NPPF.

16.     Surface Water Disposal

Provision shall be made within the site for the disposal of surface water from the new access and drive, so as to prevent its discharge onto the highway, in accordance with details indicated on the approved drawing no. BTC18062 P_01 Rev P1 prior to occupation of the dwelling and thereafter retained and maintained at all times.

Reason: In the interests of highway safety and public convenience in accordance with Policies EQ2 and TA5 of the South Somerset Local Plan and relevant guidance within the NPPF.

17.     Entrance Gates

Any entrance gates erected shall be of a design, appearance, height and position, the details of which shall previously have been submitted to and approved in writing by the Local Planning Authority. Such gates shall be hung to open inwards, shall be set back a minimum distance of 5 metres from the carriageway edge and shall thereafter be maintained and retained in that condition at all times.

Reason: In the interests of highway safety and public convenience in accordance with Policies EQ2 and TA5 of the South Somerset Local Plan and relevant guidance within the NPPF.

18.     No Burning of Materials on Site and Noise Emissions

There shall be no burning of materials arising on site during any phases of site clearance and redevelopment and noise emissions from the site during the course of implementing the approved development (i.e. any clearance and redevelopment of the site) shall be limited to the following hours where noise is audible at any point at the boundary of any noise sensitive dwelling:

Mondays to Fridays inclusive - 08.00 hours to 18.00 hours

Saturdays - 08.00 hours to 13.00 hours.

At all other times, including Sundays, Bank and Public Holidays, there shall be no noisy activities carried out on the site which shall be audible from the boundary of any noise sensitive dwelling.

Reason: To safeguard residential amenity of neighbouring residential properties prior to and during the construction of the approved development and to ensure there is no detrimental effect upon the amenities of the area in accordance with Policies EQ2 and EQ7 of the South Somerset Local Plan and relevant guidance within the NPPF.

19.     Ancillary Use of First Floor Above Garage

The proposed first floor area above the garage spaces shall be used solely for purposes incidental to the enjoyment of the main dwelling and shall not be used as a self-contained unit of residential or holiday accommodation or for any commercial, trade or business purposes, without the prior written approval of the Local Planning Authority.

Reason: It is considered that the site is inappropriate for an independent unit of permanent residential or holiday accommodation in addition to the main dwelling or for use for any trade, business or commercial uses in order to safeguard the amenities of the area and in the interests of highway safety, having regard to Policies EQ2, EQ7 and TA5 of the South Somerset Local Plan and relevant guidance within the NPPF.

20.     Removal of PD Rights

Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any Order revoking, re-enacting or modifying that Order), no development of the types described in the following Classes of Schedule 2 shall be undertaken without the express grant of planning permission, other than that expressly authorised by this permission:

(a) Part 1, Class A (enlargements, improvements or other alterations);

(b) Part 1, Class B (additions etc to the roof of a dwellinghouse);

(c) Part 1, Class C (other roof alterations);

(d) Part 2, Class A (gates, fences, walls or other means of enclosure); and

(h) Part 2, Class B (means of access to a highway).

Reason: To enable the Local Planning Authority to exercise control over development in order to:

(i) safeguard the character and appearance of the development itself and the locality in general, by ensuring there are no inappropriate extensions or other alterations within the curtilage of the dwelling, or inappropriate fencing, walls or other means of enclosure;

(ii) preserve and enhance the setting of nearby designated heritage assets;

(iii) prevent unacceptable harm being caused to the residential amenity of occupiers of nearby property;

(iv) ensure there is no resultant detriment to ecological, environmental and biodiversity interests;

(v) safeguard on-site parking and circulation areas; and

(vi) ensure there is no unacceptable surface water run-off,

having regard to Policies EQ1, EQ2, EQ3, EQ4, TA5 and TA6 of the South Somerset Local Plan and relevant guidance within the NPPF.