Agenda item

Demolition of Part Wall, Outbuilding and Gable End, refurbishment of The Red House, erection of three further dwellings and alterations to vehicular access

The Planning Officer presented his report to the Committee with the aid of a power point presentation. He informed the Committee that there had been no updates to the report.

Members were advised that access to the site would be similar to the previous scheme and that Somerset County Council had raised no objections. He also pointed out that the Conservation Officer and the Ecologist were satisfied with the proposal.

The Planning Officer confirmed to Members that he was recommending that approval be granted.

Ms P Peppin, representative for Castle Cary Town Council, addressed the Committee. She advised the Committee that she was delighted with the original scheme for 3 houses but was less happy with the revised scheme. She explained that she would like to see a protected footpath route from the Red House site, through the BMI site to the Town Centre. She appreciated that there was a badger sett present, but though that this link could still be made.

Mr J Paterson, Architect, explained that the development had been carefully designed and that the access had been retained and widened as an improvement.

He highlighted the amendments which had been made to the application were modest and were mostly following the advice of the Conservation Officer, who supported the application.

In response to comments concerning a footpath, he confirmed it was not possible due to the presence of a badger sett.

Councillor Henry Hobhouse, Ward Member, spoke in support of the application. He would like to see work commencing on site and hoped that the application would be approved.

Councillor Nick Weeks, Ward Member, expressed that he would like to have seen a footpath through the site.

Following a short discussion it was proposed to approve the application as per the officer recommendation and on being put the vote, was carried 7 votes in favour, 1 against and 1 abstention.

RESOLVED:

That planning application 15/04029/FUL be approved subject to;

a)         The prior completion of a section 106 agreement or unilateral undertaking (in a form acceptable to the Council's solicitor(s)) before the decision notice granting planning permission is issued to:-

1)         Secure a contribution of £20 per square metre of internal floor space towards the provision of affordable housing in the district.

b) The following conditions:

Justification

01.       The site is within the development area of a market town and the principle of residential development is therefore considered acceptable. The residential development of the site would respect the character of the conservation area with no demonstrable harm to the setting of the nearby listed building, highway safety, protected species, or residential amenity. The scheme will contribute appropriately to the provision of affordable housing within the district. As such the proposal complies with local plan policies SD1, SS1, SS5, TA5, TA6, HG4, EQ2, EQ3, and EQ4 and the aims and objectives 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 following approved plans:, 3414/PL02B, 3414/PL04A, 3414/PL05A, 3414/PL06A, 3414/PL07, and 3414/PL09B received 02 October 2015, and 3414/PL03C received 22 October 2015.

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

03.       No work shall be carried out to the Red House (unit 1) unless a detailed specification has been submitted to and approved in writing by the Local Planning Authority. This shall include all matters relating to the conservation of the existing building, such as repointing and repair / renewal of joinery, re-roofing, as well as the making good of the south and west elevations following demolition, any works of alterations including the introduction of services where they affect the external façade. Once agreed the work shall be carried out in strict accordance with the agreed details unless written agreement is given to any variation.

            Reason: In the interests of visual amenity in accordance with policies EQ2 and EQ3 of the South Somerset Local Plan.

04.       No work shall be carried out to construct units 2, 3 or 4 unless particulars of the materials (including the provision of samples where appropriate) to be used for external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Such particulars will include the detailed finish (rough sawn, hand tooled, etc.). details of new masonry shall be supported by the provision of a sample panel to be made available on site. Such approved details, once carried out shall not be altered without the prior written consent of the Local Planning Authority.

            Reason: In the interests of visual amenity in accordance with policies EQ2 and EQ3 of the South Somerset Local Plan.

05.       No work shall be carried out to fit any doors, windows, boarding or other external opening (including garage doors) unless details of the design, materials and external finish of these elements have been submitted to and approved in writing by the Local Planning Authority. This will include detailed drawings including sections of at least 1:5. Such approved details, once carried out shall not be altered without the prior written consent of the Local Planning Authority.

            Reason: In the interests of visual amenity in accordance with policies EQ2 and EQ3 of the South Somerset Local Plan.

06.       The windows comprised in the development hereby permitted shall be recessed in accordance with details to be submitted to and approved in writing with the Local Planning Authority before any windows are fitted.

            Reason: In the interests of visual amenity in accordance with policies EQ2 and EQ3 of the South Somerset Local Plan.

07.       No work shall be carried out to construct units 2, 3 or 4 unless design details of all roof eaves, verges and abutments, including detail drawings at a scale of 1:5, and all new cast metal guttering, down pipes, other rainwater goods, and external plumbing shall be submitted to and approved in writing by the Local Planning Authority.  Such details once carried out shall not be altered without the prior written consent of the Local Planning Authority.

            Reason: In the interests of visual amenity in accordance with policies EQ2 and EQ3 of the South Somerset Local Plan.

08.       No external fixtures or fittings including externally visible services shall be fitted to units 2, 3 or 4 unless details of such have been submitted to and agreed in writing by the Local Planning Authority. This shall include details of extract vents, boiler flues, soil pipe vents, external lighting and metre boxes. Once agreed the work shall be carried out in strict accordance with the agreed details unless written agreement is given to any variation.

            Reason: In the interests of visual amenity in accordance with policies EQ2 and EQ3 of the South Somerset Local Plan.

09.       The access hereby permitted shall not be brought into use until drop kerbs have been installed at the carriageway edge and a vehicle cross-over constructed across the footway fronting the site for the width of the access.

            Reason: In the interests of highway safety and in accordance with policies TA5 and TA6 of the South Somerset Local Plan.

10.       The proposed access (or drive) shall incorporate pedestrian visibility splays on both its sides to the rear of the existing footway based on co-ordinates of 2.0m x 2.0m. Such splays shall be fully provided before the access hereby permitted is first brought into use and shall thereafter be maintained at all times.

            Reason: In the interests of highway safety and in accordance with policies TA5 and TA6 of the South Somerset Local Plan.

11.       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 policies TA5 and TA6 of the South Somerset Local Plan.

12.       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 policies TA5 and TA6 of the South Somerset Local Plan.

13.       The areas allocated for parking and turning on the submitted plan, drawing number 3414/PL02 Rev B, shall kept clear of obstruction and shall not be used other than for parking and turning of vehicles in connection with the development hereby permitted.

            Reason: In the interests of highway safety and in accordance with policies TA5 and TA6 of the South Somerset Local Plan.

14.       At the proposed access there shall be no obstruction to visibility greater than 300mm above adjoining road level within the visibility splays shown on the submitted plan. Such visibility splays shall be constructed prior to the commencement of the development hereby permitted and shall thereafter be maintained at all times.

            Reason: In the interests of highway safety and in accordance with policies TA5 and TA6 of the South Somerset Local Plan.

15.       No development shall take place until detailed plans have been submitted to and approved in writing by the Local Planning Authority (in conjunction with the local Highway Authority) relating to line, level and layout of the access road junction and its means of construction and surface water drainage. The approved access road junction shall be laid out constructed in accordance with the requirements of a Section 278 Agreement under the provisions of the Highway Act 1980.

            Reason: In the interests of highway safety and in accordance with policies TA5 and TA6 of the South Somerset Local Plan.

16.       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:

·         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 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 contractors; and

·         Measures to avoid traffic congestion impacting upon the Strategic Road Network.

            Reason: In the interests of highway safety and in accordance with policies TA5 and TA6 of the South Somerset Local Plan.]

17.       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. 

            Reason: In the interests of visual amenity in accordance with policies EQ2 and EQ3 of the South Somerset Local Plan.

18.       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 conservation area building known as The Red House is not left in a derelict or partially restored state in accordance with policy EQ3 of the South Somerset Local Plan.

Informatives:

01.       The developer shall note that the works on or adjacent to the existing highway will need to be undertaken as part of a formal legal agreement with Somerset County Council. This should be commenced as soon as practicably possible, and the developer should contact Somerset County Council for information 0300 123 2224.

02.       The developer in delivering the necessary highway works associated with the development hereby permitted is required to consult with all frontagers affected by said highway works as part of the delivery process. This should be undertaken as soon as reasonably practicable after the grant of planning consent and prior to the commencement of said highway works, especially if the design has evolved through the technical approval process. This is not the responsibility of the Highway Authority.

03.       Where works are to be undertaken on or adjoining the publicly maintainable highway a licence under Section 171 of the Highway Act 1980 must be obtained from the Highway Authority. Application forms can be obtained by writing to the Traffic and Transport Development Group, County Hall, Taunton or by telephoning 0300 123 2224. Applications should be submitted at least four weeks before works are proposed to commence in order for statutory undertakers to be consulted concerning their services.

The fee for a Section 171 Licence is £250. This will entitle the developer to have his plans checked and specifications supplied. The works will also be inspected by the Superintendence Team and will be signed off upon satisfactory completion.

04.       A badger sett is present on site and care will need to be taken to avoid disturbance or damage from construction operations which could contravene wildlife legislation.  All site operatives will need to be made aware of appropriate exclusion zones based on site specific advice from an ecological consultant, and other precautionary measures to avoid harm such as covering open trenches overnight or positioning a plank to provide an escape ramp.

05.       All contractors working on site should be aware of the recommendations contained within section 4 of the of the submitted bat survey completed by Crossman Associates and dated 14th July 2015. Contractors should be made aware of the legal necessity of complying with these recommendations.

(Voting: 7 in favour, 1 against with 1 abstention)