Agenda item

Planning Application 15/04331/S73 - Northfield Farm, Northfield, Somerton.

Minutes:

Proposal: Section 73 application to vary condition no. 25 of planning approval 10/03704/FUL dated 17/05/2013 to amend the list of approved drawings to amend house types.

The Planning Officer introduced her report and briefly reminded members why the application had been previously deferred. She noted there had been further consultation with Somerton Town Council, who were happy with the three storey element originally proposed being reduced to two and half storey, but they still objected to the reduction in leisure contributions.

Members were updated that since the agenda had been published, another letter of representation had been received raising concern about impact, density and the two and half storey element.

During her presentation, the Planning Officer detailed the changes in the proposed scheme now being considered compared to the original approved application. She also highlighted the reduction in required leisure contributions which had been carefully considered and took into account the maximum amount that could be requested.

Mr T Bown, spokesperson for Somerton Town Council, commented they supported the amendment about the building storeys, but noted they had not been advised of any construction transport plan, and there were concerns about traffic and diversion through residential areas. It was felt there were issues with the stopping up of the road and compliance with Highway Act, and the town council requested that there was a full highways review.

Members were then addressed by Ms F Richardson and Mrs Short in objection to the application, their comments included:

· Concern about traffic and need to know what will happen about construction vehicle movements

· Concern about the height of properties, and reference to the roofline of the care home on Behind Berry being disastrous on the view over the town.

Ward member, Councillor Dean Ruddle, supported the Town Council comments. He agreed with comments made about heights but noted the two and half storey element had already been agreed at the previous application. The town was in need of housing, and he was of the view the application needed to be approved.

Ward member, Councillor Stephen Page, felt highway safety and pedestrian access was still a concern, but noted the development has prior approval. He noted the mixture of housing proposed was welcome, and on balance, felt the application should now go ahead.

Following comments made during a brief discussion, the Area Lead responded that:

· It was not possible to add a carry over clause at this stage regarding leisure contributions – but the comments made would be noted for the future.

· The road network through the proposed development had been considered in the previous application, and had been designed to be unattractive for goods vehicles to travel through when there was a much easier route available.

At the conclusion of debate, it was proposed to approve the application as per the officer recommendation, and on being put to the vote, this was carried (9 in favour and 2 against, 0 abstentions).

RESOLVED:

That planning application 15/04331/S73 be APPROVED, as per the officer recommendation, subject to the following:

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

· Ensure the delivery of the development with 46 affordable homes, as specified on the approved plans, with 32 for rent accommodation and 14 shared ownership to the satisfaction of the Strategic Housing Manager.

· Provide for a contribution of £147,084 for the provision of 12 new infant school places, to the satisfaction of the County Education Authority.

· Provide a contribution of £440,012 (or £3,308 per dwelling) towards sports, arts and leisure contributions, to the satisfaction of the Development Manager in consultation with the Assistant Director of Health & Wellbeing broken down as:

· £281,630 for local facilities;

· £40,273 for strategic facilities;

· £113,752 as a commuted sum towards local services;

· £4,357 as the Community Health and Leisure Service administration fee.

· Secure the provision, and appropriate future management of the on-site open space and LEAP either by adoption (with an appropriate commuted sum as defined by the Open Spaces Officer) or by a Management Company.

· Ensure appropriate Travel Planning measures as agreed by the Development Manager in conjunction with the County Travel Plan Coordinator.

· Provide for the agreement of the phasing of development including the delivery of improvements to the Langport Road junction as identified on the approved plans.

· Ensure that the financial obligations are index linked at the appropriate rate.

b) The imposition of the planning conditions set out below on the grant of planning permission.

Justification:

The proposed development is located within the area identified as being within the direction of growth for Somerton and would make a significant contribution to the council’s housing supply without resulting in any demonstrable harm to landscape, residential or visual amenity, ecology, archaeology, highway safety, drainage or flooding, and without compromising the provision of services and facilities in the settlement. As such the scheme is considered to be a sustainable form of development that accords with policies SD1 , SS1, SS4, SS5, SS6, LMT3, HG5, TA1, TA4, TA5, TA6, HW1, EQ1, EQ2, EQ3, EQ4 and EQ7 and the provisions of the National Planning Policy Framework.

SUBJECT TO THE FOLLOWING CONDITIONS:

01. The development hereby permitted shall be begun before the expiration of three years from the date of the original planning permission (10/03407/FUL), i.e. before 17 May 2016 2018.

Reason: To accord with the provisions of section 91(1) of the Town and Country Planning Act 1990.

02. No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works including sustainable drainage principles has been submitted to, and approved in writing by the Local Planning Authority. The submitted details shall include measures to prevent the discharge of surface water from individual plots onto the highways and shall clarify the intended future ownership and maintenance provision for all drainage works serving the site. The approved 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 disposal in accordance with the requirements of the National Planning Policy Framework.

03. No development approved by this permission shall commence until a scheme for water efficiency has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the agreed details.

Reason: In the interests of sustainable development and prudent use of natural materials, in accordance with the requirements of the National Planning Policy Framework.

04. The development hereby permitted shall be carried out in accordance with the Construction Management Plan received 18/01/2016, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of highways safety and to safeguard the amenities of the locality in accordance with policies TA5 and EQ2 of the South Somerset Local Plan.

05. Prior to the commencement of development the developer of the site shall investigate the history and current condition of the site to determine the likelihood of the existence of contamination arising from previous uses. The developer shall:-

(a) Provide a written report to the Local Planning Authority which shall include details of the previous uses of the site and a description of the current condition of the site with regard to any activities that may have caused contamination. The report shall confirm whether or not it is likely that contamination may be present on the site.

(b) If the report indicates that contamination may be present on or under the site, of if evidence of contamination is found, a more detailed site investigation and risk assessment shall be carried out in line with current guidance. This should determine whether any contamination could pose a risk to future users of the site or the environment.

(c) If remedial works are required, details shall be submitted to the Local Planning Authority, and these shall be accepted in writing and thereafter implemented. On completion of any required remedial works the applicant shall provide written confirmation that the works have been completed in accordance with the agreed remediation strategy.

Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, in accordance with policy EQ7 of the South Somerset Local Plan.

06. No works shall be carried out above damp course level for the dwellings hereby permitted 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. Once approved such details shall be fully implemented unless agreed otherwise in writing by the local planning authority.

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

07. Before any part of the permitted development is commenced, a landscaping scheme, which shall include details of the species, siting and numbers to be planted, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be completely carried out within the first available planting season from the date of commencement of the development, or as otherwise extended with the agreement in writing of the Local Planning Authority. For a period of five years after the completion of the landscaping scheme, the trees and shrubs shall be protected and maintained in a healthy weed free condition and any trees or shrubs that cease to grow shall be replaced by trees or shrubs of similar size and species, or the appropriate trees or shrubs as may be approved in writing by the Local Planning Authority.

Reason: To ensure that the proposed development makes a satisfactory contribution to the preservation and enhancement of the local character and distinctiveness of the area in accordance with policy EQ2 of the South Somerset Local Plan.

08. The boundary treatments shown on the approved plans shall be completed before the part of the development to which it relates is occupied and thereafter maintained as such, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that the proposed development makes a satisfactory contribution to the local character and distinctiveness of the area and in the interests of the amenities of the neighbouring residents in accordance with policy EQ2 of the South Somerset Local Plan.

09. Notwithstanding the approved plan no works shall be carried out unless details of all existing levels and proposed finished ground and floor levels have been submitted to and approved by the local planning authority. The scheme shall be completed in accordance with the approved details.

Reason: In the interests of residential amenity to accord with policy EQ2 of the South Somerset Local Plan.

10. No works shall be carried out above damp course level for the dwellings hereby permitted unless details of the design, recessing, material and external finish to be used for all windows and doors, including cill and lintel details where appropriate, have been submitted to and agreed in writing by the local planning authority. Once approved such details shall be fully implemented unless agreed otherwise in writing by the local planning authority.

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

11. No works shall be carried out above damp course level for the dwellings hereby permitted unless details of all eaves/fascia board detailing, guttering, downpipes and other rainwater goods have been submitted to and approved in writing by the local planning authority. Once approved such details shall be fully implemented unless agreed otherwise in writing by the local planning authority.

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

12. Notwithstanding the approved plan the dwellings hereby permitted shall not be commenced until particulars of all hard surfacing materials have been submitted to and approved in writing by the local planning authority. Such details shall include the use of porous materials to the parking and turning areas where appropriate. Once approved such details shall be fully implemented and maintained at all times thereafter unless agreed otherwise in writing by the local planning authority.

Reason: In the interests of visual amenity and to mitigate any flood risk in accordance with policy EQ2 of the South Somerset Local Plan and the provisions of the NPPF.

13. 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 (including dormer windows) or outbuildings shall be added without the prior express grant of planning permission.

Reason: In the interests of visual amenity and to safeguard residential amenity in accordance with policy EQ2 of the South Somerset Local Plan.

14. The areas allocated for parking, including garages and car ports, shall be kept clear of obstruction and shall not be converted or used other than for the parking of vehicles in connection with the development hereby permitted.

Reason: To ensure that adequate parking is provided and maintained to meet the needs of the development in accordance with policy TA6 of the South Somerset Local Plan.

15. All electrical and telephone services to the development shall be run underground. All service intakes to the dwellings shall be run internally and not visible on the exterior. All meter cupboards and gas boxes shall be positioned on the dwellings 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.

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

16. No works shall be carried out above damp course level for the dwellings hereby permitted unless details of lighting in off-street areas have been submitted to and approved in writing by the Local Planning Authority. Once approved such details shall be fully implemented unless agreed otherwise in writing by the local planning authority.

Reason: To minimise light pollution in accordance with policy EQ7 of the South Somerset Local Plan.

17. No part of the development shall be occupied unless that part of the estate road network that provides access to it has been constructed in accordance with the approved plans.

Reason: To ensure that adequate access arrangements exist for each building prior to occupation, in accordance with Policy TA5 of the South Somerset Local Plan.

18. The protection of wildlife identified in the ecological report shall be carried out in accordance with the recommendations of the report by Ecology Solutions Ltd, dated May 2010. In the event that it is not possible to adhere the these recommendations all development shall cease and not recommence until such

time as an alternative an alternative strategy has been submitted to and approved in writing by the local planning authority.

Reason: To safeguard the ecologic interests the site in accordance with policy EQ4 of the South Somerset Local Plan.

19. 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. Such details shall include the timing for the formation of the new access arrangements, the delivery of the new estate roads and ancillary works, including road closures, stopping up and appropriate traffic regulation orders. 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: In the interest of highway safety and to ensure the comprehensive development of the site in line with the planning obligations that have been agreed in accordance with policies SS6, HG3, TA5 and HW1 of the South Somerset Local Plan.

20. Prior to the commencement of development details of the surfacing of the roads, footways, footpaths and cycleways and the design of any bus stops, street lighting and street furniture shall be submitted to and approved in writing by the Local Planning Authority. Once approved such details shall be fully completed in accordance with the agreed phasing.

Reason: In the interest of highway safety, in accordance with Policy TA5 of the South Somerset Local Plan.

21. 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 interest of highway safety, in accordance with Policy TA5 of the South Somerset Local Plan.

22. Before any building or engineering works are carried out on the site, temporary pedestrian and cycle links shall be provided in accordance with a detailed scheme to be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be maintained during the entire construction phase.

Reason: In the interest of highway safety, in accordance with Policy TA5 of the South Somerset Local Plan.

24. At the proposed access onto Langport Road there shall be no obstruction to visibility greater than 300millimetres above adjoining road level within the visibility splays shown on the submitted plan (no 1049/01P). 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 interest of highway safety, in accordance with Policy TA5 of the South Somerset Local Plan.

25. The development hereby permitted shall be carried out in accordance with the plans listed on the Application Drawing Listed dated 11/04/2016 and the supporting information agreed as part of application 10/03704/FUL.

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

(Voting: 9 in favour, 2 against, 0 abstentions)

Supporting documents: