That
Planning Application 14/04200/FUL be APPROVED
01. The proposed
conversions and residential development by reason of their design,
layout and appropriate reuse of listed buildings will preserve the
character and appearance of the listed and historic buildings on
site and the Conservation Area, would not adversely harm highway
safety or the amenity of adjoining residents. The application has
satisfactorily dealt with the flooding issues at the site.
Furthermore the proposal will secure the re-use of important
redundant listed and historic buildings. Suitable mitigation will
be provided for ecological interests. The scheme is therefore in
accord with saved policies ST3, ST4, ST5, ST6, ST10, EC3, EC8, EH1,
EH2, EH3, EH4, EH5, EP5, EU4, EU6, HG4, CR2, CR3 and CR9 of the
South Somerset Local Plan 2006 and the Core planning Principles and
Chapters 4, 6, 7, 10, 11 and 12 of the NPPF.
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
approved plans as detailed on the Document Issue Register 007
received 16 December 2014 and Drawing No.'s 001 and 002 from
LvW Highways dated
08.08.2014.
Reason: For the avoidance of doubt and in the interests of proper
planning.
03. No dwelling shall be
occupied unless those buildings that are not identified for
retention have been wholly removed from the site, in accordance
with a scheme that shall have first been submitted to and approved
in writing by the Local Planning Authority.
Reason: To safeguard the character and appearance of the area and
safeguard amenity and to accord with policies ST5 and ST6 of the
South Somerset Local Plan 2006.
04. No development
approved by this permission shall be commenced until a detailed
scheme for improved flood conveyance under the Tail Mill Lane (to
the north west of the development site) has been submitted to and
approved in writing by the Local Planning Authority.
Reason: The proposals for the development on the western side of
the site depend on this to reduce flood levels in the vicinity and
ensure the development is safe.
05. Floor levels shall
be set at least 300mm above the relevant 1 in 100 year including
climate change flood level, as given in Table 4.2 of the Flood Risk
Assessment from SLR Consulting Limited dated December 2007,
reference 405.01592.00002.
Reason: To protect the development from flooding in accordance with
Chapter 10 of the NPPF.
06. No development
approved by this permission shall be commenced until a scheme for
flood resilience in the design and construction of the development
has been submitted to and approved in writing by the Local Planning
Authority. (The detailed scheme must include flood resilience in
the construction of buildings and the design of site
contours/landscaping. For example, the flood flow path through the
development site and drainage channel/cut-off trench along the
western perimeter proposed in section 5.3 of the SLR
FRA.)
Reason: To reduce the impact of any flooding on the development in
accordance with Chapter 10 of the NPPF.
07. No development
approved by this permission shall be commenced until a scheme for
the provision of surface water drainage works, including pollution
prevention measures, has been submitted to and approved in writing
by the Local Planning Authority. Such a scheme shall utilise
Sustainable Drainage Principles and shall not result in an increase
in the rate &/or volume of surface water discharge to the local
land drainage system. The drainage works shall be completed in
accordance with the details and timetable agreed.
Reason: To prevent the increased risk of flooding by ensuring the
provision of a satisfactory means of surface water management and
to prevent pollution of the local water environment in accordance
with Chapter 10 of the NPPF.
08. Prior to the
commencement of development approved by this planning permission
(or such other date or stage in development as may be agreed in
writing with the Local Planning Authority), a scheme to deal with
the risks associated with contamination of the site shall be
submitted to and approved by the local planning authority. That
scheme shall include all of the following elements unless
specifically excluded, in writing, by the Local Planning
Authority.
1. A desk study identifying:
- all previous uses
- potential contaminants
associated with those uses
- a conceptual model of the site indicating sources, pathways and
receptors
- potentially unacceptable risks arising from contamination at
the site
2. A site investigation scheme, based on (1) to provide information
for an assessment of the risk to all receptors that may be
affected, including those off site.
3. The results of the site investigation and risk assessment (2)
and a method statement based on those results giving full details
of the remediation measures required and how they are to be
undertaken.
4. A verification report on completion of the works set out in (3)
confirming the remediation measures that have been undertaken in
accordance with the method statement and setting out measures for
maintenance, further monitoring and reporting.
Any changes to these agreed elements require the express consent of
the local planning authority.
Reason: To prevent pollution of controlled waters in accordance
with Chapter 10 of the NPPF.
09. Prior to being
discharged into any watercourse, surface water sewer or
soakaway system, all surface water
drainage from parking areas and hardstandings shall be passed through trapped
gullies with an overall capacity compatible with the site being
drained.
Reason: To prevent pollution of the water environment in accordance
with Chapter 10 of the NPPF.
10. The areas of
rebuilding and demolition shall be restricted to that defined on
the approved plans and shall not be enlarged without the prior
express grant of Listed Building Consent. In the event that completion strictly in
accordance with such approved plans shall become impracticable for
whatever reason, work shall thereupon cease and only be
re-commenced if and when consent has been obtained in regard to an
amended scheme of works which renders completion of the scheme
practicable.
Reason: In the interests of the special architectural and historic
interests of the listed buildings and conservation area in
accordance with Policies EH1, EH3 and EH5 of the South Somerset
Local Plan 2006.
11. All electrical and
telephone services to the development shall be run
underground. All service intakes to the
dwelling(s) shall be run internally and not visible on the
exterior. All meter cupboards and gas
boxes shall be positioned on the dwelling(s) in accordance with
details, which shall have been previously submitted to and approved
in writing by the local planning authority and thereafter retained
in such form. On (all) buildings satellite dishes shall be of dark
coloured mesh unless fixed to a light coloured, rendered wall, in
which case a white dish should be used.
Satellite dishes shall not be fixed to the street elevations of the
buildings or to roofs. All soil and
waste plumbing shall be run internally and shall not be visible on
the exterior unless otherwise agreed in writing by the local
planning authority.
Reason: In order to ensure that the development accords with the
character of the conservation area in accordance with Policy ST6,
EH1 and EH5 of the South Somerset Local Plan 2006.
12. The development
hereby permitted shall not be commenced until there has been
submitted to and approved in writing by the Local Planning
Authority a scheme of landscaping, which shall include indications
of all existing trees and hedgerows on the land, and details of any
to be retained, together with measures for their protection in the
course of the development, as well as details of any changes
proposed in existing ground levels; all planting, seeding,
turfing or earth moulding comprised in
the approved details of landscaping shall be carried out in the
first planting and seeding season following the occupation of the
building or the completion of the development, whichever is the
sooner; and any trees or plants which within a period of five years
from the completion of the development die, are removed or become
seriously damaged or diseased shall be replaced in the next
planting season with others of similar size and species, unless the
Local Planning Authority gives written consent to any
variation. The scheme of landscaping
shall include details of the protection of trees and hedgerows
alongside the access road, details of additional planting alongside
the access road and details of the treatments of all boundaries
(internal and external).
Reason: In the interests of visual amenity and to accord with ST5,
ST6 and EH1 of the South Somerset Local Plan 2006.
13. No works shall
commence unless a scheme for the management of the Mill Pond have
been submitted to and approved in writing by the Local Planning
Authority. The scheme shall include
details of clearance, restoration and planting together with an
implementation programme. The
development shall thereafter be carried out in accordance with the
approved scheme unless otherwise agreed in writing by the Local
Planning Authority.
Reason: In the interests of visual amenity and biodiversity and to
accord with EH1, ST5 and ST6 of the South Somerset Local Plan
2006.
14. No dwelling shall be
occupied unless provision has been made for waste and recycling
collection, details of which shall have been submitted to and
approved in writing by the Local Planning Authority. The provision shall be carried out fully in
accordance with the approved details and permanently maintained
unless otherwise agreed in writing by the Local Planning
Authority.
Reason: In the interests of amenity and to accord with ST6 of the
South Somerset Local Plan 2006.
15. No work shall
commence on any new dwelling or conversion of existing buildings
until the junction, bollards, access and footpath links have been
carried out in accordance with a design and specification to be
approved in writing by the Highway Authority and Local Planning
Authority and to be fully implemented in accordance with the
approved details, unless otherwise agreed in writing with the Local
Planning Authority. (The provision of
these works will require a legal agreement and contact should be
made with the Highway Authority well in advance of commencing the
works so that the agreement is complete prior to starting the
highway works.)
Reason: In the interests of highway safety and in accordance with
Policy ST5 of the South Somerset Local Plan (2006).
16. The area allocated
for parking on the submitted plan and shall be kept clear of
obstruction at all times and shall not be used other than for the
parking of vehicles in connection with the development hereby
permitted.
Reason: In the interests of highway safety and in accordance with
Policy ST5 of the South Somerset Local Plan (2006).
17. The proposed estate
roads, footways, footpaths, tactile paving, cycleways, bus stops/bus lay-bys, verges,
junctions, street lighting, sewers, drains, retaining walls,
service routes, surface water outfall, vehicle overhang margins,
embankments, visibility splays, accesses, carriageway gradients,
drive gradients, car, motorcycle and cycle parking, and street
furniture shall be constructed and laid out in accordance with
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.
Reason: In the interests of highway safety and in accordance with
Policy ST5 of the South Somerset Local Plan (2006).
18. The proposed roads,
including footpaths and turning spaces where applicable, shall be
constructed in such a manner as to ensure that each dwelling before
it is occupied shall be served by a properly consolidated and
surfaced footpath and carriageway to at least base course level
between the dwelling and existing highway.
Reason: In the interests of highway safety and in accordance with
Policy ST5 of the South Somerset Local Plan (2006).
19. In the interests of
sustainable development none of the dwellings hereby permitted
shall be occupied until a network of cycleway and footpath
connections has been constructed within the development site in
accordance with a scheme to be submitted to and approved in writing
by the Local Planning Authority.
Reason: In the interests of highway safety and in accordance with
Policy ST5 of the South Somerset Local Plan (2006).
20. Prior to the
occupation of any of the dwellings hereby approved, a Travel Plan
Statement is to be submitted to and approved in writing by the
Local Planning Authority. Such Travel
Plan Statement should include soft and hard measures to promote
sustainable travel as well as targets and safeguards by which to
measure the success of the plan. There
should be a timetable for implementation of the measures and for
the monitoring of travel habits. The
development shall not be occupied unless the agreed measures are
being implemented in accordance with the agreed
timetable. The measures should continue
to be implemented as long as any part of the development is
occupied.
Reason: In the interests of highway safety and in accordance with
Policy ST5 of the South Somerset Local Plan (2006).
21. No work shall
commence on the development site until an appropriate right of
discharge for surface water has been obtained before being
submitted to and approved in writing by the Local Planning
Authority. A drainage scheme for the
site showing details of gullies, connections, soakaways and means of attenuation on site shall be
submitted to and approved in writing by the Local Planning
Authority. The drainage works shall be
carried out in accordance with the approved details, unless
otherwise agreed in writing with the Local Planning
Authority.
Reason: In the interests of highway safety and in accordance with
Policy ST5 of the South Somerset Local Plan (2006).
22. No development shall
commence unless details of the proposed resurfacing and works to
Tail Mill Lane (to include proposals for traffic calming and
phasing of the works) have been submitted to and agreed in writing
by the Local Planning Authority. The works shall be carried out
strictly in accordance with the approved plan and phasing unless
otherwise agreed in writing by the Local Planning
Authority.
Reason: In the interests of highway safety and residential amenity
in accordance with Policies ST5 and ST6 of the South Somerset Local
Plan (2006).
23. No development shall
commence unless 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:
- Pollution prevention
measures
- Construction vehicle
movements;
- Construction operation
hours;
- Construction vehicular routes to and
from site;
- Construction delivery
hours;
- Expected number of construction
vehicles per day;
- Car parking for
contractors;
- Specific measures to be adopted to
mitigate construction impacts in pursuance of the Environmental
Code of Construction Practice;
- A scheme to encourage the use of
Public Transport amongst contactors; and
- Measures to avoid traffic congestion
impacting upon the Strategic Road Network.
Reason: In the interests of preventing pollution and to protect
residential amenity and highway safety and in accordance with
Policies ST5 and ST6 of the South Somerset Local Plan (2006) and
Chapter 10 of the NPPF.
24. The development
hereby permitted shall not be commenced until a scheme for the
maintenance of Tail Mill Lane and any communal open space
(including the historic chimney base and hydraulic accumulator)
shown on the submitted plan has been submitted to and approved in
writing by the Local Planning Authority. The approved scheme shall
be implemented fully on the completion of that proportion of the
total development specified in the scheme and the Lane and the open
space area shall thereafter be retained and maintained in complete
accordance with the scheme.
Reason: In the interests of visual and residential amenity in
accordance with Policy ST6 of the South Somerset Local Plan
(2006).
25. The works hereby
approved shall be implemented in accordance with the measures and
timing detailed in section 5 of the 'Bat Survey and Mitigation
Strategy' (Ecological Planning & Research Ltd, December 2014),
as modified to meet the requirements of any 'European Protected
Species Mitigation Licence' issued by Natural England, unless
otherwise approved in writing by the local planning
authority.
Each phase of the development shall not be occupied until
confirmation, by a Natural England licenced bat consultant, that
compensatory bat roosting features have been provided in accordance
with the Bat Mitigation Strategy and/or the requirements of any
'European Protected Species Mitigation Licence' issued by Natural
England, has been submitted to and approved in writing by the Local
Planning Authority.
Reason: For the conservation and protection of species of
biodiversity importance in accordance with NPPF, and of legally
protected species in accordance with Policy EC8 of the South
Somerset Local Plan, and to ensure compliance with the Wildlife and
Countryside Act 1981 and The Habitats Regulations 2010.
26. Prior to the
commencement of the development hereby permitted a Landscape and
Ecological Management Plan (LEMP) shall be submitted to, and
approved in writing to include:
Measures for the control of Himalayan Balsam on the
site.
Management of vegetation in respect of compensation and enhancement
provisions for bats.
The approved plan will be implemented in accordance with the
approved details.
Reason: For the conservation and enhancement of biodiversity and
bats in accordance with NPPF, and for the benefit of
amenity.
27. No development
hereby approved shall take place until the applicant, or their
agents or successors in title, has secured the implementation of a
programme of archaeological work in accordance with a written
scheme of investigation which has been submitted by the applicant
and approved by the local planning authority.
Reason: To ensure appropriate recording and protection of any
archaeological assets on the site in accordance with Policy EH12 of
the South Somerset Local Plan (2006).
28. Notwithstanding the
provisions of the Town and Country Planning (General Permitted
Development) Order 1995 (or any order revoking and re-enacting that
Order) no garage/outbuilding shall be erected on the application
site without the express grant of planning permission in respect
thereof.
Reason: To safeguard the character and appearance of the area and
to accord with ST5 and ST6 of the South Somerset Local Plan
2006.
29. Notwithstanding the
provisions of the Town and Country Planning (General Permitted
Development) Order 1995 (or any order revoking and re-enacting that
order with our without modifications) no fences, gates or walls
other than those agreed as part of the landscaping plan (Condition
24) shall be erected on the site without the prior express grant of
planning permission.
Reason: To safeguard the character and
appearance of the area and to accord with EH1, ST5 and ST6 of the
South Somerset Local Plan.
30. Notwithstanding the
provisions of the Town and Country Planning (General Permitted
Development) Order 1995 (or any order revoking and re-enacting that
Order with or without modification), no additional windows,
including dormer windows, or other openings (including doors and
vents) shall be formed in the buildings without the prior express
grant of planning permission.
Reason: To safeguard the character and
appearance of the area and to accord with ST5, ST6 and EH1 of the
South Somerset Local Plan 2006.
31. Notwithstanding the
provisions of the Town and Country Planning (General Permitted
Development) Order 1995 (or any order revoking and re-enacting that
Order with or without modification), there shall be no extensions
to any of the dwellings (including enlargement/extension of roofs)
without the prior express grant of planning permission.
Reason: In the interests of neighbour and visual amenity and to
accord with ST5 and ST6 of the South Somerset Local Plan
2006.
32. No work shall be
carried out on site unless the following matters have been
submitted to and approved in writing by the Local Planning
Authority. Such approved matters, once carried out shall not be
altered without the prior written consent of the Local Planning
Authority.
i) Particulars of the materials
(including the provision of samples where appropriate) to be used
for external walls and roofs
ii) Full details for the new natural stonework and repointing of
existing walls, including the materials, coursing, bonding, coping
details, pointing mortar profile,
colour, and texture along with a written detail of the mortar mix,
supported with sample panels to be made
available on site and which shall remain available for inspection
throughout the duration of the work.
iii) Details of the design, materials, external finish and reveal
depth for all new doors, windows, boarding and openings including
detailed drawings and sections of at least 1:5 scale.
iv) Design details of all roof eaves, verges and abutments,
including detail drawings at a scale of 1:5, and details of all new
cast metal guttering, down pipes, other rainwater goods, and
external plumbing.
v) Design details of the roof lights and dormer windows.
vi) Details of the lintels to all new openings, including those in
any new build, and the treatment the surrounds of the window (sills
and reveal depths) and doorway openings.
vii) Details of all new services to all bathrooms, kitchens etc.,
including details of routes of foul water and any ventilation or
extraction.
viii) Full details of all works, repairs or refurbishment or
additional secondary glazing to the doors and windows of the
existing listed buildings that are to be converted.
ix) Details of upgrading to existing floors and walls to improve
thermal and acoustic insulation and fire separation to the
units.
x) Details of the internal alterations, including detailed design,
materials and finish for staircases, doors, ceiling, floor and wall
finishes
xi) The design, details and materials of the external
works including paving, railings,
fences and bridge for all open areas on the site.
xii) Design details of any alteration to any structural roof
fabric. The works will only be undertaken in accordance with the
agreed details, and if found to be impracticable will cease until
an alternative has been agreed. Any intervention into historic
fabric will be minimal with the introduction of additional timber
or steel to the structure always being preferred to the replacement
of timber.
Reason: In the interests of the special architectural and historic
interests of the listed buildings and conservation area in
accordance with Policies EH1, EH3 and EH5 of the South Somerset
Local Plan 2006.
33. The development
hereby permitted shall not be commenced until a programme showing
the phasing of the development has been submitted to and approved
by the Local Planning Authority.
Following such approval and commencement of the development hereby
permitted the works comprised in the development shall not be
carried out otherwise than in complete accordance with such
approved programme or such other phasing programme as the Local
Planning Authority may in writing subsequently approve.
Reason: To ensure that the works hereby approved are completed
and/or not left in a partially completed state for a protracted
period detracting from the character and appearance of the listed
building and conservation area in accordance with Policies EH1, EH3
and EH5 of the South Somerset Local Plan 2006.
Informatives:
01. The
applicant/developer is advised that the Local Planning Authority is
prepared to deal with each building on a case by case basis when it
comes to the discharge of relevant conditions.
02. The
applicant/developer's attention is drawn to the County Highway
Authority's letter of 7 January 2014 with regard to the need for a
Section 278 Agreement and various issues to do with the
PROW.
03. Before this
development can commence, a European Protected Species Mitigation
Licence (under The Conservation (Natural Habitats, &c.)
Regulations 2010) will be required from Natural
England. You will need to liaise with
your ecological consultant for advice and assistance on the
application for this licence. Natural
England will normally only accept applications for such a licence
after full planning permission has been granted.
The guidance of an ecologist or 'ecological clerk of works' is
likely to be necessary, including periodic attendance on site, in
order to oversee sensitive operations, to ensure compliance with
Bat Method Statements and Natural England Licence conditions and to
ensure that the correct mitigation is being installed during
construction. It may be appropriate to
include ecologically sensitive operations and mitigation in any
Construction Environmental Management Plan.
04. The
applicant/developer's attention is drawn to the advice contained
within the Environment Agency's letter of the 24 October 2014 that
gives further explanation of their requirements in relation to the
planning conditions.
05. The Ecologist has
requested that the lighting across the site be minimised. Where
required, low level bollard lighting will be installed (e.g. in
parking areas and courtyards). There should be no direct
illumination of:
-
newly created bat roosting features within the new development
buildings;
-
the known commuting route between Buildings 14 and 11;
-
vegetation around these new roosting features; and
-
vegetation which links the roosting
features to wider boundary habitat.
(Voting: unanimous)
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