Agenda item

Outline application for the erection of up to 185 dwellings with public open space, landscaping, sustainable drainage system, and vehicular access point. All matters reserved except for means of access.

The Principal Planner presented the application as outlined in the agenda report and with the aid of slides highlighted the application site, proposed layout and associated access. This included:

·         Location of the proposed packaged treatment site.

·         Proposed access point with the Coppits Hill access point to be cut off, new access and 30 mph road and new footways proposed.

·         Location of the existing Listed building ‘Brimsmore House’.

·         Topography and boundary screening of the site.

She also updated members that:

·         The agent requested that the totals of Section 106 contributions offered be amended to ‘per dwelling’ which had been agreed as an acceptable amendment.

·         Clarified the site is no longer part of an emerging allocation due to the discontinued work on the new local plan.

·         Two additional objections had been received raising concerns about the use of Coppits Hill becoming a rat run and that ecological impacts are fully considered.

The Principal Planner also highlighted the key considerations and summarised why each were not significant to warrant refusal as follows:

·         Principle – Delivery of homes has stalled, that the Council cannot demonstrate a five-year housing land supply and detailed the presumption to grant sustainable development.

·         Highways – Following extensive discussion and the amended to provide the 30mph zone, the Highways Authority accept the proposal subject to traffic regulation orders to secure the 30mph limit and protect the new entrance. Noted works are due to take place at Coppits Hill under the Brimsmore key site development.

·         Setting of Listed Building and Landscape Impact – Consider the site to be well contained and as such the landscape impact would be limited.  Application is accompanied by a flood risk assessment and has demonstrated that surface water can be managed and secured through a planning condition.

·         Phosphates – Proposed on site waste water treatment works and on site wetlands system considered acceptable.

She concluded that after considering all the responses and issues, as outlined in the agenda report, the application be approved with conditions, as set out in the agenda report.

In response to questions from members, the Principal Planner and Lead Specialist advised:

·         A construction management plan would need to be submitted under reserve matters to secure any construction traffic concerns and access to the site.

·         There are no Rights of Way on the site.

·         Explained in detail the phosphates solution on the site and the management of such works and confirmed the LLFA were happy with the scheme and management of the surface water drainage.

·         The Environment Agency will agree the waste treatment plant at detailed consent stage, however if this is not agreed an alternative solution would need to be submitted before any development could take place.

·         Confirmed that the water treatment plant would need to be functioning before the first house was built.

·         Confirmed there has been no discussion regarding the use of Coppits Hill in connection with this development.

·         Planning conditions are proposed to secure adequate visibility splays regarding the 30mph road.

·         Confirmed that there are no protected trees on site and do not consider any loss of trees to be an impediment to the development.

·         Acknowledge the possible requirement of cycle paths that can be put forward at reserve matters stage.

A representative of Yeovil Without Parish Council addressed the committee.  Her comments included:

·         Raised concern regarding the safety and access of the site with it being dependent upon infrastructure to be provided by Brimsmore key site.  

·         The roads surrounding the key site are yet to be developed and as such impact cannot be fully understood.

·         Believe the proposed entrance should be located at the Coppits Hill roundabout.

A member of the public then spoke in objection to the application. Their comments included:

·         Concern regarding the on-site sewerage treatment plant.

·         Have doubts about the ability of Severn Trent to be able to deliver this safely.

·         Unhappy with the proposals to deal with spillage.

·         Concern that Coppits Hill will be used as a ‘rat run’.

The agent then addressed the committee.  Her comments included:

·         Consider this to be a sustainable location adjacent to the Brimsmore site with access to a wide range of services and facilities.

·         Site was identified in the former emerging local plan for development.

·         Development will contribute towards the need for homes within Yeovil and the delivery of 35% affordable homes on the site.

·         Proposed significant open space and proposed play area within the development.

·         No objections had been received from any statutory consultees.

·         Proposed road and access plans to be found acceptable following extensive discussion with the Highways authority.

·         Detailed and acceptable Phosphate’s mitigation strategy will be provided on site.

·         Believe the benefit of the development outweighs any impact on the character of the nearby listed building.

Councillor Graham Oakes, ward member raised doubts surrounding the sustainability of the application given the Brimsmore key site is yet to be fully developed and as such cannot be fully understood.  He believed the application to be ‘out of sequence’ and that further large-scale developments should not be built until further improvement of the roads.  He also raised concern around the access of emergency vehicles on to the site given there only being one access proposed. 

Councillor Mike Lock, ward member raised concern regarding the drainage issues of the site and felt the need for two access points within the site to ensure adequate access for emergency vehicles.

Councillor Rob Stickland, ward member sought clarification regarding what consideration was given to the Brimsmore key site and its proposed facilities when considering this application.

In response the Principal Planner confirmed that the Highways authority had considered the Brimsmore key site when considering the highway proposals of this application.  She also wished to note the securing of nearly £2 million pounds for education provision and £400,000 for on-site sport provision would be provided by this scheme.

During discussion, members raised several comments including:

·         This application is to consider the principle of development and not the detail of the scheme.

·         Raised concern the application is dependent upon the infrastructure and facilities to be provided by Brimsmore key site which has yet to be delivered.

·         Acknowledge concerns raised regarding the access and impact on highways, however there is the need to consider this application on its own and whether the site itself is a sustainable location and not dependent on the Brimsmore key site and the facilities it provides.

·         Raised concern regarding water run-off from the site and the impact on Yeovil Marsh, therefore the need to ensure that water is pumped back up the site to existing water outlets.

Following a short discussion, it was then proposed and subsequently seconded to approve the application as per the officer’s recommendation with conditions as set out in the agenda report and subject to an additional informative as follows:

‘The applicants are requested by the Area South Committee to strongly consider the provision of a second access and to ensure drainage issues are fully considered within the Reserved Matters application’.

A further proposal was then put forward and subsequently seconded to refuse the application for reasons around the lack of detail regarding adequate on-site drainage and access of the site.

For clarification, the Chairman then explained he would take the first proposal to approve the application as previously stated.

Ob being put to the vote this was carried by 9 votes in favour and 3 against.

RESOLVED:

That planning application 19/03242/OUT be approved for the following reason, subject to:

a) The prior completion of a section 106 planning obligation (in a form acceptable to the Council's Solicitor(s)) before the decision notice granting planning permission is issued to cover the following terms/issues:

1) The provision of 35% affordable (to include the provision of First Homes) which would be split 80:20 social rent: intermediate product equating to 65 units, split as 52 for social rent and 13 for shared ownership or other intermediate affordable solution;

2) Contribution towards the provision of sport, play and strategic facilities (£397,961);

3) Contribution towards education provision (£1,961,084);

4) A travel plan safeguarding sum and required highways works; and

5) Provision and maintenance of open space.

6) Implementation of phosphate mitigation scheme to ensure the development achieves nutrient neutrality.  The scheme shall either (a) include a WwTW to be managed by Severn Trent Connect (or similar OFWAT-appointed statutory sewage undertaker), a wetland and scheme for phosphorus removal from surface water runoff, which have all successfully passed a Habitat Regulations Assessment demonstrating nutrient neutrality, or (b) an alternative scheme which the Local Planning Authority (in consultation with Natural England) consider also passes a Habitat Regulations Assessment demonstrating nutrient neutrality.

01.       The Council's lack of a five year housing land supply lends significant weight when considering the planning balance. In this case, the site is located in a sustainable location with access to a high range of services and facilities. The proposal is not considered to result in such a significant and adverse impact upon the visual amenity, residential amenity, highway safety, flood risk/drainage or ecology/biodiversity as to justify a refusal of planning permission. Furthermore, the proposal would result in less than substantial harm to the setting of the heritage assets and the public benefits of the proposal outweigh this harm. Therefore, in terms of the 'planning balance', it is considered that there are no adverse impacts that would 'significantly and demonstrably' outweigh the benefits of providing up to 185 dwellings in this sustainable location. The proposal is considered to be in accordance with Policies SD1, SS1, SS4, SS5, SS6, HG3, HG5, TA1, TA3, TA5, TA6, HW1, EQ1, EQ2, EQ3, EQ4, EQ5 and EQ7 of the South Somerset Local Plan 2006-2028 and the aims and objectives of the NPPF.

SUBJECT TO THE FOLLOWING:

01.       Details of the appearance, landscaping, layout, and scale of the development hereby permitted (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development takes place and the development shall be carried out as approved.

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

02.       Application for approval of the reserved matters shall be made to the local planning authority not later than 3 years from the date of this permission.

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

03.       The development hereby permitted shall begin not later than 2 years from the date of approval of the last of the reserved matters to be approved.

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

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

            Location Plan - ref. CSA/4226/106 Rev. A

            Access Plan - ref. P17033-20-08 Rev. A

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

05.       The proposed access shall be constructed generally in accordance with details shown on the submitted plan, drawing number P17033-20-08A and shall be available for use before first occupation of the dwellings hereby permitted. Once constructed the access shall be maintained thereafter in that condition at all times.

            Reason: In the interests of highway safety and policy TA5 of the South Somerset Local Plan 2006-2028.

06.       The proposed footway along the northern side of Tintinhull Road shall be constructed generally in accordance with details shown the submitted plan, drawing number P17033-20-08A and shall be available for use before first occupation of the dwellings hereby permitted. Once constructed the footway shall be maintained thereafter in that condition at all times.

            Reason: In the interests of highway safety and policy TA5 of the South Somerset Local Plan 2006-2028.

07.       No development shall commence until a Construction Environmental Management Plan has been submitted to and approved in writing by the Local Planning Authority.  The works shall be carried out strictly in accordance with the approved plan.  The plan shall include:

            o          Construction vehicle movements

            o          Construction operation hours

            o          Construction vehicular routes to and from site including any temporary construction access points and haul roads required. This information should also be shown on a map of the route

            o          Construction delivery hours

            o          All construction deliveries being made off highway

            o          On-site turning facility for delivery vehicles and egress onto highway only with guidance of a trained banksman

            o          Expected number of construction vehicles per day

            o          All contractor vehicle parking being accommodated off highway including a plan showing the onsite parking arrangements

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

            o          A scheme to encourage the use of Public Transport amongst contractors

            o          On-site vehicle wheel washing facilities and the regular use of a road sweeper for local highways

            Reason: In the interests of highway safety and policy TA5 of the South Somerset Local Plan 2006-2028.

08.       Provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway, details of which shall have been submitted to and approved in writing by the Local Planning Authority.  Such provision shall be installed before occupation and thereafter maintained at all times.

            Reason: In the interests of highway safety and policy TA5 of the South Somerset Local Plan 2006-2028.

09.       The proposed estate roads, footways, footpaths, tactile paving, cycleways, , verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays of estate roads, accesses, carriageway gradients, drive gradients, car, motorcycle and cycle parking, and street furniture shall be constructed and laid out in accordance with details to be approved by the Local Planning Authority in writing before their construction begins.  For this purpose, plans and sections, indicating as appropriate, the design, layout, levels, gradients, materials and method of construction shall be submitted to the Local Planning Authority.

            NOTE: If it is not possible to construct the estate road to a standard suitable for adoption, yet it is deemed the internal layout of the site results in the laying out of a private street, under Sections 219 to 225 of the Highway Act 1980, it will be subject to the Advance Payment Code (APC). In order to qualify for an exemption under the APC, the road should be built and maintained to a level that the Highway Authority considers will be of sufficient integrity to ensure that it does not deteriorate to such a condition as to warrant the use of the powers under the Private Streetworks Code. A suitable adoptable layout should be provided as part of the Reserved Matters application.

            Reason: In the interests of highway safety and policy TA5 of the South Somerset Local Plan 2006-2028

10.       Prior to the commencement of development, a scheme for the construction of the network of cycleway and footpath connections shall be submitted to and approved in writing by the Local Planning Authority. The development shall take place in accordance with the agreed details.

            Reason: To promote sustainable modes of transport in accord with Policy TA3 of the South Somerset Local Plan.

11.       No dwelling shall be occupied until space for that dwelling has been laid out for the parking of cars, motorcycles and cycles in relation to that dwelling in accordance with a drawing and schedule to be submitted to and be approved in writing by the Local Planning Authority. These areas shall thereafter not be used for any purpose other than the parking of cars, motorcycles and cycles.

            Reason: To ensure appropriate parking provision on the site in accordance with Policy TA6 of the South Somerset Local Plan 2006-2028.

12.       There shall be no obstruction to visibility greater than 600 millimetres above adjoining road level in advance of lines drawn 2.4 metres back from the carriageway edge on the centre line of the access and extending to points on the nearside carriageway edge 82 metres to the east of the access and 43m to the west of the access  Having regard to the size of vehicles to be attending the site during the construction phase such visibility shall be fully provided before the development hereby permitted is commenced and shall thereafter be maintained at all times.

            Reason: In the interests of highway safety and policy TA5 of the South Somerset Local Plan 2006-2028.

13.       No part of the development shall be first occupied until a detailed Travel Plan has been submitted to and been approved in writing by the Local Planning Authority. The Travel Plan once approved shall thereafter be implemented as specified within the approved document. The Travel Plan shall be completed in accordance with the latest guidance and good practice documentation as published by the Department of Transport or as advised by the Local Highway Authority.

            Reason: To promote sustainable modes of transport in accord with Policy TA3 of the South Somerset Local Plan.

14.       No works shall commence on the site until the Traffic Regulation Order to extend the 30mph speed limit on Tintinhull Road beyond the Coppits Hill Lane junction has been secured by the Local Highway Authority.

            Reason: In the interests of highway safety and policy TA5 of the South Somerset Local Plan 2006-2028.

15.       No development shall be commenced until details of the surface water drainage scheme, based on sustainable drainage principles, together with details of a programme of implementation and maintenance for the lifetime of the development, have been submitted to and approved in writing by the Local Planning Authority. This scheme should aim to enhance biodiversity, amenity value, water quality and provide flood risk benefit (i.e. four pillars of SuDS) to meet wider sustainability aims, as specified by The National Planning Policy Framework (February 2019) and the Flood and Water Management Act (2010). The drainage scheme shall ensure that surface water runoff post development is attenuated on site and discharged at a rate and volume no greater than greenfield runoff rates and volumes. Such works shall be carried out in accordance with the approved details.

            These details shall include the following: -

            o          Details of phasing (where appropriate) and information of maintenance of drainage systems during construction of this and any other subsequent phases.

            o          Information (confirmation of outfall locations, discharge rates etc.) demonstrating that the surface water design for the adjacent permitted developments do not impact on this proposed development.

            o          Detailed layout drawings that demonstrate the inclusion of sustainable drainage (SuDS), where appropriate, with levels, location, size of key drainage features with supporting attenuation volume calculations. Details of proposed features such as infiltration structures, attenuation features, conveyance features, pumping stations, outfall structures and any land drainage requiring consideration.

            o          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 (6 metres minimum), 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/or surface waters. Should infiltration be proposed, confirmation of groundwater levels to demonstrate that the invert level of any soakaways or unlined attenuation features can be located a minimum of 1m above groundwater levels.

            o          Any works required 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). Calculations to be provided to inform the assessment of the risk of water backing up the drainage system from any proposed outfall and how this risk will be managed without increasing flood risk to the site or to people, property and infrastructure elsewhere.

            o          Flood water exceedance routes both on and off site, note, the drainage system shall be designed to prevent surcharging of any below ground drainage up to and including the 1 in 2 year event, and no part of the site must 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 100yr (plus 40% allowance for climate change) must be controlled within the designed exceedance routes demonstrated to prevent flooding or damage to properties. Overland flow route plans to demonstrate how these have influenced the development layout and design of the drainage system with an assessment of the residual risks to downstream receptors and proposed mitigation and management measures. Calculations to be provided to support this using hydraulic modelling software.

            o          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, management company or maintenance by a Residents' Management Company and / or any other arrangements to secure the operation and maintenance to an approved standard and working condition throughout the lifetime of the development for all drainage features.

            o          Evidence of a permission to discharge. If discharging to a drainage system maintained/operated by other authorities (Environment Agency, internal drainage board, highway authority, sewerage undertaker, or Canals and River Trust), evidence of consultation and the acceptability of any discharge to their system should be presented for consideration.

            Reason: To ensure that the development is served by a satisfactory, sustainable system of surface water drainage and that the approved system is retained, managed and maintained throughout the lifetime of the development, in accordance with National Planning Policy Framework and the Technical Guidance to the National Planning Policy Framework.

16.       No proposed access works and associated development shall take place (including ground works and vegetation clearance) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the Local Planning Authority. The CEMP: Biodiversity shall include the following:

            a. Risk assessment of potentially damaging construction activities.

            b. Identification of "biodiversity protection zones".

            c. Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements) to biodiversity on site, including habitats (trees, hedgerows and field edges) and protected species (bats, birds, badgers, reptiles and amphibians), followed by appropriate mitigation, as required.

            d. The location and timing of sensitive works to avoid harm to biodiversity features.

            e. The times during construction when specialist ecologists need to be present on site to oversee works.

            f. Responsible persons, lines of communication and written notifications of operations to the Local Planning Authority.

            g. The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person (including regular compliance site meetings with the Council Biodiversity Officer and Landscape Officer (frequency to be agreed, for example, every 3 months during construction phases)).

            h. Use of protective fences, exclusion barriers and warning signs.

            i. Provisions for monitoring (with agreed time scales), including compliance checks by a competent person(s) during construction and immediately post-completion of construction works.

            The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.

            Reason: In the interests 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.

17.       A report prepared by the Ecological Clerk of Works or similarly competent person certifying that the required mitigation and compensation measures identified in the CEMP: Biodiversity have been completed to their satisfaction, and detailing the results of site supervision and any necessary remedial works undertaken or required, shall be submitted to the Local Planning Authority for approval before occupation of each phase or sub-phase of the development or at the end of the next available planting season, whichever is the sooner.

            Any approved remedial works shall subsequently be carried out under the strict supervision of a professional ecologist following that approval.

            Reason: To ensure that ecological mitigation measures are delivered and that protected/priority species and habitats are safeguarded in accordance with the CEMP and South Somerset District Council Local Plan - Policy EQ4 Biodiversity has been complied with.

18.       Prior to occupation, a lighting design for bats and biodiversity for the development 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 (hedgerows, trees, scrub, ponds and grassland) 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 of lighting contour plans and, if appropriate, 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.

            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 South Somerset District Council Local Plan - Policy EQ4 Biodiversity.

19.       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) Ecological trends and constraints on site that might influence management.

            c) Aims and objectives of management.

            d) Appropriate management options for achieving aims and objectives.

            e) Prescriptions for management actions.

            f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period).

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

            h) On-going monitoring and remedial measures.

            The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery.

            The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme.

            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.

20.       A Biodiversity Mitigation and Enhancement Plan (BMEP) shall be submitted to, and be approved in writing by, the Local Planning Authority prior commencement or prior to commencement of construction works.

            Photographs of the installed features will also be submitted to the Local Planning Authority prior to occupation.

            The content of the BMEP shall include the following:

            a) The mitigation measures outlined with the Land off A37, Yeovil Ecological Impact         Assessment (CSA environmental, 2019).

            b) A (Habibat 001) bat box or similar will be built into the structure of 50 houses, positioned at least four metres above ground level and away from windows of the west or south facing elevation

            c) A cluster of five Schwegler 1a swift bricks or similar will be built into the structure of 10 houses, built into the wall at least 60cm apart, at least 5m above ground level on the north facing elevation (of Plots to be confirmed)

            d) A cluster of three Vivra Pro Woodstone House Martin nests or similar will be mounted directly under the eaves of the north elevation of 10 houses.

            e) Two Schwegler 1SP Sparrow terraces or similar at least one metre apart mounted on 10 houses or garages, away from windows on the north elevations.

            f) 10 Vivara Pro Barcelona Woodstone Bird Box (open front design) or similar mounted between 1.5m and 3m high on the northerly facing aspect of trees and maintained thereafter.

            g) A bee brick built into the structure of 20 houses or garages, located 1 metre above ground level on the south or southeast elevation.

            h) Any new fencing must have accessible hedgehog holes, measuring 13cm x 13cm to allow the movement of hedgehogs into and out of the site

            i) One reptile hibernacula and 3 log piles as a resting place for reptiles and or amphibians constructed within the north west corner of the site.

            j) 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.

            k) The new hedgerows will be planted with a minimum of 5 of the following species: hazel,           field maple, hawthorn, blackthorn, dog rose, bird cherry and spindle.

            Hedgerow should be coppiced and layed on reaching maturity.

            l) The two SuDS basins, and associated potential swales and rain gardens, are to planted up with native wetland plants comprised of grasses, rush, sedge and marginal vegetation.

            m) New wild flower grassland areas are to include a seed mix containing species native to the area, and which provide benefits to pollinators and associated biodiversity.

            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.

21.       Prior to the commencement of development, an invasive non-native species protocol shall be submitted to and approved by the local planning authority, detailing the containment, control and removal of Signal Crayfish on site. The measures shall be carried out strictly in accordance with the approved scheme.

            Reason: Under the Wildlife and Countryside Act 1981 (as amended), it is an offence to release, or allow to escape, any non-native species into the wild in the UK except under licence.

22.       Prior to commencement of the development hereby permitted the applicant, or their agents or successors in title, shall have secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation (WSI) which has been submitted and approved in writing by the Local Planning Authority. The WSI shall include details of a Trial Trench evaluation and the nature of the further work required based on the results of the trenching, as well as detailing the methods utilised for archaeological excavation, the recording of the heritage asset, the analysis of evidence recovered from the site and publication of the results. The development hereby permitted shall be carried out in accordance with the approved scheme.

            Reason: To ensure appropriate consideration of heritage assets in accordance with Policy EQ3 of the South Somerset Local Plan 2006-2028 and advice within the NPPF.

23.       No building shall be occupied until the site archaeological investigation has been completed and post-excavation analysis has been initiated in accordance with Written Scheme of Investigation approved under the POW condition and the financial provision made for analysis, dissemination of results and archive deposition has been secured.

            Reason: To ensure appropriate consideration of heritage assets in accordance with Policy EQ3 of the South Somerset Local Plan 2006-2028 and advice within the NPPF.

24.       Prior to the first occupation of the dwellings hereby approved the applicant shall submit a noise report that demonstrates compliance with the noise levels cited in BS8233:2014, namely: to at least secure internal noise levels no greater than 30dB LAeq, 8-hr (night), 45 dB LAmax (night) and 35dB LAeq, 16-hr (day) in bedrooms, 35dB LAeq, 16-hr (day) in living rooms and 40dB LAeq, 16-hr (day) in dining rooms/areas.

            Reason: In the interests of residential amenity in accordance with Policy EQ2 of the South Somerset Local Plan 2006-2028 and advice within the NPPF.

25.       Prior to the occupation of the dwellings hereby approved a scheme for the inclusion of water efficiency measures to ensure 110 litres / per person per day are provided shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be installed prior to the occupation of any dwelling and shall be retained and maintained as agreed.

            Reason: To ensure the provision of water efficiency measures as required by Policy EQ1 of the South Somerset Local Plan 2006-2028.

Informatives:

01.       The developers are reminded of the legal protection afforded to badgers and their resting places under the Protection of Badgers Act 1992 (as amended). It is advised that during construction, excavations or large pipes (>200mm diameter) must be covered at night. Any open excavations will need a means of escape, for example a plank or sloped end, to allow any animals to escape. In the event that badgers or signs of badgers are unexpectedly encountered during implementation of this permission it is recommended that works stop until advice is sought from a suitably qualified and experienced ecologist at the earliest possible opportunity.

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.

03.       The application site is located close to a military airfield. Future occupants should be made aware that military aircraft may be seen and heard operating in the area and that aircraft may overfly the site. The mitigation of noise in external areas may not be possible. Future occupants should also be made aware that aircraft types, flight paths and ground-based activity can vary over time and this may cause disturbance.

In the interest of good practice it is recommended that noise levels for the scheme should aim to achieve Leq 16hr 35dB within living rooms during daytime (07.00 - 23.00) and Leq 8hr 30dB within bedrooms during night-time (23.00 - 07.00).

04.       Please be advised that subsequent full or reserved matters approval 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

05.       The applicants are requested by the Area South Committee to strongly consider the provision of a second access and to ensure drainage issues are fully considered within the Reserved Matters application.

(voting: 9 in favour, 3 against, 0 abstentions)