Agenda item

Proposal: Erection of a dwellinghouse and garage and construction of access

The Principal Planning officer presented the application and with the help of a PowerPoint presentation proceeded to show the site and proposed plans.

He explained that the application was before members due the applicant being an elected member. It was not a controversial application in terms of officer recommendation and it had not received any objections.

He showed his key considerations and highlighted the public right of way on the proposed plans.

Since the report was published, the applicant asked that condition 11 be simplified to a more simplistic wording which the officer was happy with.

In response to a query the Planning officer confirmed that Condition 11 would ensure the garage structure would remain ancillary to the dwelling and if sold separately to the dwelling, would be a breach of the conditions.

It was proposed and seconded to approve the application in line with the officer’s recommendation with the amended wording for condition 11 as read out by the planning officer. On being put to the vote it was approved unanimously.

RESOLVED

That Area East members recommend to the Chief executive that planning application 21/03589/FUL be approved subject to conditions in the report with the amendment to Condition 11 of the report as follows:

The proposed garage/car port building, including the space at first floor level, shall be used solely for purposes incidental to the enjoyment of the principal dwellinghouse and shall remain ancillary thereto,.

For the following Reasons:

01.       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 application site benefits from an extant planning permission to erect a single dwellinghouse and as such the principle of development is accepted on this occasion. The proposed dwelling would be located between existing buildings and is of an appropriate design. Given that there would be no significant harm to visual or residential amenity, highway safety, flood risk or biodiversity the proposal is considered to be acceptable and in accordance with South Somerset local plan and policies SS1, EQ2, EQ4 and TR5.

SUBJECT TO THE FOLLOWING:

01.       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.

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

            Drawing No. 20070-10 - Site Survey

            Drawing No. 20070-8B - Proposed Plans, Elevations and Section

            Drawing No. 20070-9C - Proposed Site Plan including surface water drainage arrangements

            Drawing No. 20070-4C - Site Location Plan

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

03.       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.

04.       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.

05.       The approved surface water drainage works as shown on Drawing Number 20070-9C shall be shall be fully completed prior to the first occupation of the development hereby permitted.

            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.

06.       Prior to the first 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. 20070-09C. 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.

07.       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, www.rhs.org.uk/perfectforpollinators" 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.

08.       Prior to occupation of the dwellings, a "lighting design for bats" for the existing and proposed bordering hedgerows and tree's on the site shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall:

            a) identify those areas/features on site that are particularly sensitive for bats (the existing and proposed bordering hedgerows and tree's) and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and

            b) show how and where external lighting will be installed through the provision lighting contour plans and if appropriate directional lighting of lights with hoods technical specifications so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places.

            c) Where PIR timers are to be included, it should be shown that timers are going to be set to less than one minute.

            Reason: In the interests of the Favourable Conservation Status of populations of European protected species and in accordance with South Somerset District Council Local Plan - Policy EQ4 Biodiversity

09.       No removal of hedgerows, trees, scrub, bramble and any other vegetation that provides potential for nesting birds shall take place between 1st March and 30th September inclusive, unless a competent ecologist has undertaken a careful, detailed check for active birds' nests immediately before the vegetation is cleared or works to or demolition of buildings commences and provides 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 by the ecologist accompanied by dated photos showing the site before and after clearance. In no circumstances should netting be used to exclude nesting birds.

            Reason: In the interests of nesting wild birds and in accordance with South Somerset District Council Local Plan - Policy EQ4 Biodiversity

10.       Prior to the commencment of development hereby permitted, all existing trees and hedgerows bording the site that are to be retained will be protetced throughout the duration of works by Heras fencing. No materials shall be stored or plant operated within 1 metre of the Heras fencing.

            Reason: In accordance with BS 5837:2012, NPPF 2018 and UK Government guidance on Ancient woodland, ancient trees and veteran trees: protecting them from development 2018

11.       The proposed garage/car port building, including the space at first floor level, shall be used solely for purposes incidental to the enjoyment of the principal dwellinghouse and shall remain ancillary thereto.

            Reason: In the interest of amenity in accordance with Policies SS1 and 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 2 - 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. (Form 6 - Commencement)

Please Note: It is the responsibility of the applicant to ensure that they comply with the National CIL Regulations, including understanding how the CIL regulations apply to a specific development proposal and submitting all relevant information. South Somerset District Council can only make an assessment of CIL liability based on the information provided.

You are advised to visit our website for further details

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

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