Agenda item

Planning Application 15/05579/S73A - Coat Barn, Highway Road, Martock.

Minutes:

Proposal: Application to vary condition 10 of planning approval 14/01088/FUL to vary approved drawings.

The Planning Officer presented the application as detailed in the agenda report, and noted the application sought minor changes to an approved scheme. Using slides he highlighted the changes as built, compared to the existing approved plans.

Mr R Powell, on behalf of Martock Parish Council, noted they recommended approval of the changes but they were concerned about enforcement regarding use of the property. The original application had been for a private residence, but this was clearly not the case. It was considered the property was being used as a commercial leisure entity, and the parish council, had that day, written to the SSDC Development Manager to ask that the current use of the property be investigated.

Ms P Grundon and Mr G Lill, addressed members in objection to the application, and comments raised by them included:

· Feel the LPA has failed the people of Coat.

· Coat Barn is not a home but is advertised for short term lets and parties.

· Allegations regarding change of use had been made but how is it monitored.

· Noise issues were now being investigated by Environmental Health.

· Significant impact on local properties and feel the use is C1.

· Despite several communications nothing being done about enforcement.

Ward member, Councillor Neil Bloomfield, acknowledged the application was retrospective but he could not ignore the current use in his opinion did not comply with the original permission. He noted it was an 8 bedroom house sleeping 18 but with parking only for 4 cars. On websites the property was advertised for parties, and he had seem presentations taking place inside the property – he felt it was a commercial enterprise not a home, and needed enforcement.

Ward member, Councillor Graham Middleton, noted the people of Coat had supported a single dwelling a looked forward to a new family living in the settlement. The subsequent use of the building had been reported. He noted that the property was now more like a hotel.

During a short discussion, officers were asked to clarify facts regarding use of the property. The Area Lead noted that when the building had been nearing completion, villagers noted it was being advertised for lets and an enforcement file opened. After meetings with the applicant, the view was taken that non-residential uses had ceased and so the property should now only be a holiday let, which did not require permission. He noted the minor changes detailed in this application were not considered objectionable, and that these were the only subject of the present application. Concern about activities on site which might be occurring now or in the future needed to be dealt with separately.

The Chairman reminded members there was a need to focus on the changes to the building, which was the application for consideration, and not the use of property.

It was proposed to approve the application, as per the officer recommendation, and on being put to the vote, was carried 8 in favour, 3 against with 1 abstention.

RESOLVED:

That planning application 15/05579/S73A be APPROVED, as per the officer recommendation, subject to the following:

Justification:

01. The proposed minor material changes to the approved scheme respect the character and appearance of the setting and cause no demonstrable harm to residential amenity or highway safety in accordance with the aims of the NPPF and Policies TA5, TA6, EQ2 and EQ3 of the South Somerset Local Plan.

Subject to the following conditions:

01. The development hereby permitted shall be carried out in accordance with the following approved plans: the drawings ref. 6400, serial numbers 300A, 301, 302, 304, 305 and 306.

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

02. The laurel hedge shown on the submitted plan number 6400-300A shall be permanently retained and maintained.

Reason: In the interests of visual amenity and to accord with Policy EQ2 of the South Somerset Local Plan.

03. The lawned frontage between the new kerb line on Cripple Street and the development shown on the submitted plan number 6400-300A shall be maintained permanently as a lawned area and kept free of any structures, trees and shrubs.

Reason: In the interests of visual amenity and highway safety and to accord with Policies EQ2 and TA5 of the South Somerset Local Plan.

04. The sound insulation scheme approved in discharging Condition 4 of Planning Permission 11/04110/FUL (approved in the email letter from this Authority dated 11 October 2013 under the reference 13/03929/DOC) shall be permanently retained and maintained, unless otherwise agreed in writing with the Local Planning Authority.

Reason: In the interests of neighbour amenity further to Policy EQ2 of the South Somerset Local Plan.

05. 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), shall be formed in the buildings without the prior express grant of planning permission.

Reason: In the interests of character and appearance of the conservation area, and in the case of the gym building to support the accompanying sound insulation condition, further to Policies EQ2 and EQ3 of the South Somerset Local Plan.

06. 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 extensions, garages, outbuildings or any other structures shall be erected on the site without the prior express grant of planning permission.

Reason: In the interests of character and appearance of the conservation area, and residential amenity, further to Policies EQ2 and EQ3 of the South Somerset Local Plan.

07. The parking and turning areas shown on the submitted plan ref. 6400-300A shall be kept clear of obstruction at all times and shall not be used other than for parking and turning of vehicles, as demarcated, in connection with the development hereby permitted.

Reason: In the interests of highway safety and to accord with Policy ST5 of the South Somerset Local Plan.

Informatives:

01. The applicant's attention is drawn to the comments of the Highway Authority in their email letter of 20 January 2016, in which it is stressed that no works should be carried out on highway land without the correct legal agreements and/or licences being in place. Contact should be made with the County Council at 01823 359516 to address this issue.

(Voting: 8 in favour, 3 against, 1 abstention)

Supporting documents: