Agenda item

Proposal: Construction of a bridge across the A359 and associated estate track and landscape works.

The Planning Specialist presented the application as detailed in the agenda report and with the aid of a PowerPoint presentation proceeded to show the site and proposed plans. Part of the presentation included plans of the proposed bridge and photos of the proposed location with how the bridge would look in situ. He highlighted to members the key considerations that included:

·         Visual impact – the site was not in a protected area or an AONB. Tracks would only be visible from short term views. There was a high degree of landscaping and the applicant had a reputation for delivering high quality schemes. The visual impact was deemed acceptable.

·         Drainage – the Lead Local Flood Authority (LLFA) were happy with the surface water strategy.

·         Highways – there were no objections as the proposal would not result in a greater number of vehicular movement. Overall it would enhance highway safety.

·         Bio Diversity – No objections

·         Residential Amenity – the proposal was about 150m from the nearest residential property and there was deemed to be no adverse impact. Pre-application consultations had been undertaken with the wider community.

In summary the principle of development was deemed acceptable, and it was recommended that planning permission be granted.

The Agent then addressed members in support of the application and some of his comments included;

·         The Newt was a popular visitor attraction for the Emily estate and the farming and land management were key to operations.

·         There were daily vehicle and livestock movements across the road and the proposed bridge would take all this traffic off the highway. It would also give a safe passage for the public and connect the bridle way to the public footpath.

·         There would be new tree planting to support the visual amenity of the proposal.

·         The pre-application had been fully supported.

·         There had been good local community engagement and the dedicated footpath across the bridge was a result of these consultations.

Ward member Councillor Robin Bastable explained that he had asked the application to come to the committee as it was a visible application in the area and also because the proposal was on the edge of his ward, and also included Cary ward. He commented that the slides shown in the presentation showing the bridge had been helpful and was supportive of the application.

Councillor Kevin messenger informed members that plans had been brought to his parish council and there had been good communication with nearby villages. He was supportive of the application.

There was further supportive discussion between members and some questions were raised. The planning specialist responded with the support of the applicants in agreement with the Chair and members and some of the comments included:

·         The planning consultation included everyone who shared a boundary with the proposal.

·         The wider pre-application consultation was with Castle Cary town council and Galhampton parish council.

·         The access and tracks would be made from compacted materials and the bridge width had been amended to 2metres wide to allow for 2-way traffic.

·         The ownership and maintenance of the bridge would be the applicants responsibility.

·         The applicant would have to get the relevant Section 278 agreement with the highways authority before any works commenced.

·         Handrails and width of the pathway were amended during the application process to ensure they were compliant with highways safety needs.

·         It was anticipated that the road would only be closed for 5-7 days during the bridge installation.

·         The British Horse Society was in support of the application.

At the end of discussion, it was proposed and seconded to approve the planning application, in-line with the officer’s recommendation and subject to the conditions as set out in the planning report. On being up to the vote it was approved unanimously.

RESOLVED:

Area East members approved planning application 21/03400/FUL for the following reason;

The principle of development is considered to be acceptable in this location. Subject to the use of appropriate conditions there will be no demonstrable harm to local character, residential amenity, highway safety, flood risk, or ecology/biodiversity. As such, the proposal should be recommended for approval in accordance with policies EQ1, EQ2, EQ4, TA5, EP4 and EP5 of the South Somerset Local Plan and the aims and provisions of the NPPF.

SUBJECT TO THE FOLLOWING:

01.       The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. 

            Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

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

            2.         Development must proceed in strict accordance with the following plans:

            ADP-00-XX-DR-A-9003 SP P9

            ADP-00-XX-DR-A-9008 SP P12

            ADP-00-XX-DR-A-9020 SP P5

            ADP-00-XX-DR-A-9021 SP P6

            ADP-00-XX-DR-A-9022 SP P6

            ADP-00-XX-DR-A-9025 SP P8

            ADP-00-XX-DR-A-9026 SP P10

            ADP-00-XX-DR-A-9027 SP P8

            ADP-00-XX-DR-A-1303 SP P4

            ADP-00-XX-XX-L-1900 S2 P4

            BB1441-GA-001 P04

            BB1441-GA-004 P05

            BB1441-GA-002 P04

            Reason: In the interests of clarity and proper planning.

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

03.       The development hereby approved shall be constructed using the materials schedule set out in the application documents, subject to any further detailed approvals granted by the Local Planning Authority pursuant to condition 8 of this permission.

            Reason: To ensure that the external appearance of the development is appropriate to its surroundings in accordance with Policy EQ2 of the adopted South Somerset Local Plan 2006 - 2028.

04.       No removal of hedgerows, trees or shrubs shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check for active birds' nests immediately before the vegetation is cleared 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. In no circumstances should netting be used to exclude nesting birds.

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

05.       Prior to commencement of the development, site vegetative clearance, demolition of existing structures, ground-works, heavy machinery entering site or the on-site storage of materials, the pre-commencement requirements of the submitted scheme of tree and hedgerow protection measures (Ref: Tree Protection Plan- as prepared by Bosky Trees dated 11th May, 2022) must be installed and made ready for inspection by a competent Arboriculturalist who must confirm in-writing to the Council that the approved tree and hedgerow protection measures (in particular, any required fencing, signage and ground-protection installations) are installed to a satisfactory standard (to comply with this planning condition, you will need to instruct your appointed Arboriculturalist to contact us at planning@southsomerset.gov.uk - quoting Planning Reference: 21/03400/FUL).  The approved protection requirements must remain implemented in accordance with the approved scheme throughout the duration of the construction of the development (inclusive of hard and soft landscaping measures) and may only be moved, removed or dismantled with the prior consent of the Council in-writing.

            Reason: To preserve existing landscape features (trees and hedgerows) in accordance with the Council's policies as stated within The South Somerset Local Plan (2006 - 2028); EQ2: General Development, EQ4: Bio-Diversity & EQ5: Green Infrastructure.

06.       All planting and landscaping measures comprised in the approved planting and landscaping scheme (Ref: ADP-XX-XX-L-1900 S2P4) must be carried out within the  first available dormant planting season (November to February inclusively) upon or prior to the first occupation of the development hereby approved; and if any trees or shrubs which within a period of ten years from the completion of the development die, are removed or in the opinion of the Council, become seriously damaged or diseased, they shall be replaced by the landowner in the next planting season with trees/shrubs of the same approved specification, in the same location; unless the Local Planning Authority gives written consent to any variation.

            Reason: To ensure the planting of new trees and shrubs in accordance with the Council's statutory duties relating to The Town & Country Planning Act, 1990 (as amended)[1] and to secure a quality scheme of landscaping measures in order to fulfil the following objectives of The South Somerset Local Plan (2006 - 2028); EQ2: General Development, EQ4: Bio-Diversity & EQ5: Green Infrastructure.

07.       Other than site clearance works, the development hereby approved shall not commence until a construction management plan or construction method statement has been submitted to and approved in writing by the Local Planning Authority.  The plan/statement shall provide for: 

·                     24-hour emergency contact number; 

·                     Hours of operation; 

·                     Parking of vehicle of site operatives and visitors (including measures taken to ensure satisfactory access and movement for existing occupiers of neighbouring properties during construction); 

·                     Routes for construction traffic. 

·                     Locations for loading/unloading and storage of plant, waste, and construction materials; 

·                     Method of preventing mud being carried onto the highway; 

·                     Measures to protect vulnerable road users (cyclists and pedestrians) 

·                     Any necessary temporary traffic management measures; 

·                     Arrangements for turning vehicles; 

·                     Arrangements to receive abnormal loads or unusually large vehicles; 

·                     Methods of communicating the Construction Management Plan to staff, visitors and neighbouring residents and businesses. 

            The approved plan/statement shall be adhered to throughout the demolition/construction period.

            Reason: In the interests of highway safety, in accordance with Policy TA5 of the adopted South Somerset Local Plan 2006 - 2028.

08.       Prior to the bridge hereby permitted first being brought into use, full design and engineering details of the bridge structure and associated works shall be submitted to and approved in writing by the local planning authority. Thereafter, the bridge shall be constructed in accordance with the approved details unless otherwise agreed in writing with the local planning authority.

            Reason: In the interests of highway safety, in accordance with Policy TA5 of the adopted South Somerset Local Plan 2006 - 2028.

09.       The development shall be carried out in strict accordance with the submitted mitigation and enhancement measures set out within Section 5 of the approved ecology report Season Ecology Preliminary Ecology Appraisal December 2020/October 2021/MAY 2022 to provide appropriate mitigation for protected species and to conserve features of nature conservation value. 

            Reason: To provide adequate safeguards for the protection of any protected species existing on the site, in accordance with the provisions of the National Planning Policy Framework and Policies EQ4 and EQ5 of the adopted South Somerset Local Plan 2006 - 2028.

10.       Prior to the erection, installation, fixing, placement and/or operation of any external lighting on the site (including on the buildings themselves), details of such external lighting shall be submitted to and approved in writing by the Local Planning Authority. 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 building and any other parts of the application site edged red and the hours at which such lighting is to be operated.

            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. Under no circumstances should any other external lighting be installed without prior consent in writing from the Local Planning Authority.

            Reason: To safeguard the rural character and appearance of the locality and to safeguard any biodiversity interests; and in the interests of public safety and convenience, having regard to Policies EQ2 and TA5 of the South Somerset Local Plan and relevant guidance within the

            NPPF.

11.       The use of the bridge hereby approved shall not commence until the scheme for the provision of permissive bridleway routes, as identified on drawing number ADP-00-XX-DR-A-9008 SP P12, has been completed. Thereafter, the permissive routes shall remain open and available for public access for the duration of the operational life of the bridge.

            Reason: To deliver public benefit through increased accessibility to the countryside for the public, in accordance with Local Plan Policies HW1 and EQ2.

12.       Other than site clearance works, no development shall be commenced until detailed engineering details of the sustainable surface water drainage scheme for the site, has been submitted to and approved in writing by the local planning authority. Such scheme should aim to meet the four pillars of SuDS (water quantity, quality, biodiversity, and amenity) to meet wider sustainability aims as specified by The National Planning Policy Framework (July 2018) and the Flood and Water Management Act (2010). The development shall include measures to prevent the control and attenuate surface water and once approved the scheme shall be implemented in accordance with the approved details and maintained at all times thereafter unless agreed otherwise in writing by the local planning authority. 

            Reason: To ensure the development is properly drained in accordance with the NPPF.

13.       The estate tracks and approved bridge shall not be first brought into use until a plan for the future responsibility and maintenance of the surface water drainage system has been submitted to and approved by the Local Planning Authority. The approved drainage works shall be completed and maintained in accordance with the details agreed. 

            Reason: To safeguard the long-term maintenance and operation of the proposed system to ensure development is properly drained in accordance with the NPPF.

Informatives:

01.       IN relation to Conditions 3 and 4 of this permission, the LLFA will expect to see the following in order to discharge the conditions:

·           Drawing / plans illustrating the proposed surface water drainage scheme including the sustainable methods employed to delay and control surface water discharged from the site, sewers and manholes, attenuation features, pumping stations (if required) and discharge locations. The current proposals may be treated as a minimum and further SuDS should be considered as part of a 'SuDS management train' approach to provide resilience within the design.

·           Detailed, network level calculations demonstrating the performance of the proposed system are required and this should include:

·           Details of design criteria etc and where relevant, justification of the approach / events / durations used within the calculations.

·           Where relevant, calculations should consider the use of surcharged outfall conditions.

·           Performance of the network including water level, surcharged depth, flooded volume, pipe flow, flow/overflow capacity, status of network and outfall details / discharge rates.

·           Results should be provided as a summary for each return period (as opposed to each individual storm event). 

·           Evidence may take the form of software simulation results and should be supported by a suitably labelled plan/schematic to allow cross checking between any calculations and the proposed network

·           Detail drawings including cross sections, of proposed features such as infiltration structures, attenuation features, pumping stations and outfall structures. These should be feature-specific.

·           Details for provision of any temporary drainage during construction. This should include details to demonstrate that during the construction phase measures will be in place to prevent unrestricted discharge, and pollution to the receiving system. Suitable consideration should also be given to the surface water flood risk during construction such as not locating materials stores or other facilities within this flow route.

·           Further information regarding external levels and surface water exceedance routes and how these will be directed through the development without exposing properties to flood risk.

·           With regards to maintenance, it should be noted the condition is recommended as a 'pre-occupation' condition. The following information will be required

·           Detailed information regarding the adoption of features by a relevant body. This may consider an appropriate public body or statutory undertaker (such a water company through an agreed S104 application) or management company. 

·           A management and maintenance plan for the lifetime of the development which shall outline site specific maintenance information to secure the long-term operation of the drainage system throughout the lifetime of the development.

02.       Your attention is drawn to the need to apply for and obtain a s278 Agreement license from Somerset County Council in relation to the bridge detail and audit process.

(Voting: Unanimous)