Agenda item

Application proposal: Outline planning Application seeking permission for mixed use redevelopment (residential/commercial) together with associated works and access ways.

Councillor Henry Hobhouse and Councillor Mike Lewis left the room during the discussion of this item.

The Area Lead (North/East) presented his report to members with the aid of a PowerPoint presentation showing the site and dwellings to be retained. He explained that the scheme had been submitted as an outline application; however approval of the layout details were being sought.

He advised members that there was a listed building on site which, by approval of the scheme, would be surrounded by more open space. He further pointed out that the proposed layout included a generous amount of green area on the site.

He pointed out to Committee that the existing buildings were largely redundant and too large for the current owners; however a small level of employment/office buildings were proposed as part of the application. He advised that planning policy encouraged the re-development of brown field sites and that no highway/access issues had been raised by Somerset County Council.

He advised members that he was recommending that the planning application be approved, but suggested an additional condition to ensure that the employment site should be available prior to occupation of the twenty-first dwelling.

The Chairman read out an extract of an e-mail which he had received from Sparkford Parish Council to re-iterate their concerns over the drainage issues in the village.

Matt Frost, the planning agent, addressed the Committee. He advised members that this brownfield site had been redundant for many years and had been properly marketed for three years. It was his view that this site was not suitable for a sole commercial use and was better suited to a shared use.

He pointed out to members that the scheme complied with policies and that he had taken into account the views of the Parish Council, the planning department and the community to develop a well-designed area with plenty of open space. He also advised that the application was supported by a Flood Risk Assessment and an indicative Drainage Strategy.

During the discussion, the possible provision of both a footpath over the adjoining railway line and a play area were discussed, as well as drainage issues.

Following the discussion, it was proposed and seconded that the planning application be approved subject to conditions, including additional conditions to ensure the provision of employment buildings prior to occupation of the twenty-first dwelling and a biodiversity condition and an additional S106 obligation.

On being put to the vote, this was carried 5 in support, 1 against and 1 abstention.

RESOLVED: that planning permission 16/00725/OUT 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 £4,299 per dwelling towards the increased demand for outdoor playing space, sport and recreation facilities to the satisfaction of the Assistant Director (Wellbeing).

2)         Secure the submission and implementation of an appropriate travel plan to the satisfaction of the County Highway Authority.

3)         A contribution toward footpath improvements over the railway of up to £10,000 if requested by Network Rail to satisfaction of Development Manager.

b)         The following conditions:

Justification

01.       The principle of residential development is considered acceptable, as the benefits of the proposal are considered to outweigh the adverse impacts on the settlement hierarchy of the local plan and the loss of employment land. The proposed development of the site would respect the character of the area, with no demonstrable harm to the setting of the nearby listed building, highway safety, flood risk and drainage, protected species, or residential amenity. As such the proposal complies with local plan policies SD1, SS1, SS2, SS5, SS7, TA5, TA6, HG2, HG3, EQ2, EQ3, EQ4, HW1 and EP3, and the aims and objectives of the NPPF.

Subject to the following:

01.       The development hereby permitted shall be carried out in accordance with the following approved plans: 3411/150E, 3411/151B, and 3411/152A received 14 April 2016.

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

02.       Details of the appearance and landscaping (herein after called the "reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

            Reason: As required by Section 92(2) of the Town and Country Planning Act

            1990.

03.       Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development shall begin no later than 3 years from the date of this permission or not later than 2 years from the approval of the last "reserved matters" to be approved.

            Reason: As required by Section 92(2) of the Town and Country Planning Act1990.

04.       Prior to the commencement of development, details of measures for the benefit of wildlife (e.g. bat and bird boxes, wildflower sowing and management) shall be submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be implemented in accordance with the approved details unless otherwise approved in writing by the local planning authority.

            Reason: For the enhancement of biodiversity in accordance with NPPF and Local Plan Policy EQ4.

05.       The development hereby permitted shall not begin until a scheme to deal with contamination of land, controlled waters and/or ground gas has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include all of the following measures, unless the Local Planning Authority dispenses with any such requirement specifically in writing:

            A. A Phase I site investigation report carried out by a competent person to include a desk study, site walkover, the production of a site conceptual model and a human health and environmental risk assessment, undertaken in accordance with BS 10175 : 2011 Investigation of Potentially Contaminated Sites - Code of Practice.

            B. A Phase II intrusive investigation report detailing all investigative works and sampling on site, together with the results of the analysis, undertaken in accordance with BS 10175:2011 Investigation of Potentially Contaminated Sites - Code of Practice. The report should include a detailed quantitative human health and environmental risk assessment.

            C. A remediation scheme detailing how the remediation will be undertaken, what methods will be used and what is to be achieved. A clear end point of the remediation should be stated, such as site contaminant levels or a risk management action, and how this will be validated. Any on going monitoring should also be outlined.

            D. If during the works contamination is encountered which has not previously been identified, then the additional contamination shall be fully assessed and an appropriate remediation scheme submitted to and approved in writing by the Local Planning Authority.

            E. A validation report detailing the proposed remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology. Details of any post-remedial sampling and analysis to show that the site has reached the required clean-up criteria shall be included, together with the necessary documentation detailing what waste materials have been removed from the site.

            Reason: To protect the health of future occupiers of the site from any possible effects of contaminated land, in accordance with Local Planning Policy.

06.       Prior to the occupation of the dwellings hereby approved, glazing for the residential units that meets the specifications stated in the Noise Assessment dated 29th Jan 2016 shall be installed and thereafter retained.

            Reason: To protect the amenity of future residents in accordance with the aims and provisions of the NPPF.

07.       Prior to the occupation of the dwellings hereby approved, a 2m high solid acoustic barrier shall be constructed along the railway boundary of the site as recommended in the Noise Assessment dated 29th Jan 2016. Once erected the barrier shall thereafter be retained and maintained in perpetuity.

            Reason: To protect the amenity of future residents in accordance with the aims and provisions of the NPPF.

08.       No development shall be commenced until details of the surface water drainage scheme based on sustainable drainage principles together with a programme of implementation and maintenance for the lifetime of the development have been submitted to and approved by the Local Planning Authority.  The drainage strategy shall ensure that surface water runoff post development is attenuated on site and discharged at a rate no greater than greenfield runoff rates.  Such works shall be carried out in accordance with the approved details.

            These details shall include: -

·         Details of phasing (where appropriate) and information of maintenance of drainage systems during construction of this and any other subsequent phases.

·         Information about the design storm period and intensity, discharge rates and volumes (both pre and post development), temporary storage facilities, means of access for maintenance (6 metres minimum), the methods employed to delay and control surface water discharged from the site, and the measures taken to prevent flooding and pollution of the receiving groundwater and/or surface waters.

·         Any works required off site to ensure adequate discharge of surface water without causing flooding or pollution (which should include refurbishment of existing culverts and headwalls or removal of unused culverts where relevant).

·         Flood water exceedance routes both on and off site, note, no part of the site must be allowed to flood during any storm up to and including the 1 in 30 event, flooding during storm events in excess of this including the 1 in 100yr (plus 30% allowance for climate change) must be controlled within the designed exceedance routes demonstrated to prevent flooding or damage to properties.

·         A management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by an appropriate public body or statutory undertaker, management company or maintenance by a Residents' Management Company and / or any other arrangements to secure the operation and maintenance to an approved standard and working condition throughout the lifetime of the development

            Reason: To ensure that the development is served by a satisfactory system of surface water drainage and that the approved system is retained, managed and maintained in accordance with the approved details throughout the lifetime of the development, in accordance with paragraph 17 and sections 10 and 11 of the National Planning Policy Framework, Paragraph 103 of the National Planning Policy Framework and the Technical Guidance to the National Planning Policy Framework (March 2015).

09.       The development shall not be commenced until a foul water drainage strategy is submitted and approved in writing by the local Planning Authority in consultation with Wessex Water acting as the sewerage undertaker

·         the drainage scheme shall include appropriate arrangements for the agreed points of connection and the capacity improvements required to serve the proposed development phasing

·         the drainage scheme shall be completed in accordance with the approved details and to a timetable agreed with the local planning authority.

            Reason: To ensure that proper provision is made for sewerage of the site and that the development does not increase the risk of sewer flooding to downstream property.

10.       Prior to commencement of this planning permission, site vegetation clearance, demolition of existing structures, ground-works, heavy-machinery entering site or the on-site storage of materials, an Arboricultural Method Statement and a Tree Protection Plan shall be prepared in accordance with British Standard 5837: 2012 - Trees in relation to design, demolition and construction and these details shall be submitted to the Council. On approval of the tree protection details by the Council in-writing, a site-meeting between the appointed building/groundwork contractors, the appointed supervising Arboricultural Consultant and the Council's Tree Officer (Phil Poulton: 01935 462670 or 07968 428026) shall be arranged at a mutually convenient time.  The locations and suitability of the tree protection measures (specifically the fencing & signage) shall be inspected by the Council's Tree Officer and confirmed in-writing by the Council to be satisfactory prior to commencement of the development.  The approved tree protection requirements shall be implemented in their entirety for the duration of the construction of the development and the protective fencing may only be moved or dismantled with the prior consent of the Council in-writing.

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

11.       No works shall be undertaken until there has been submitted to and approved in writing by the Local Planning Authority, a scheme of landscaping.

            Such a scheme shall include individual species, size at the time of planting, whether container-grown, cell-grown, root-balled or bare-rooted and the approximate date of planting. The installation details regarding the construction of tree pits, staking, tying, strimmer-guarding and mulching shall also be included in the scheme.  

            All planting comprised in the approved details of landscaping shall be carried out in the next  planting and season following the commencement of any aspect of the development hereby approved; and any trees or plants which within a period of ten years from the completion of the development die, are removed or become in the opinion of the Council, seriously damaged or diseased, they 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: To secure 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 the following policies as stated within The South Somerset Local Plan (2006 - 2028); EQ2: General Development, EQ4: Bio-Diversity & EQ5: Green Infrastructure.

12.       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;

·         Method of ensuring construction vehicles leaving the site do not emit dust or deposit mud, slurry or other debris on the highway.

·         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 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.

13.       The proposed estate roads, footways, footpaths, tactile paving, cycleways, 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. 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 policies TA5 and TA6 of the South Somerset Local Plan.

14.       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.

15.       The development hereby permitted shall not be brought into use until that part of the service road that provides access to it has been constructed in accordance with the approved plans.

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

16.       The gradients of the proposed drives to the dwellings hereby permitted shall not be steeper than 1 in 10 and shall be permanently retained at that gradient thereafter at all times.

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

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

18.       Prior to the commencement of the development hereby approved, a scheme of phasing for the development shall be submitted to an approved in writing with the local planning authority. Once agreed, the development shall be carried out strictly in accordance with the agreed scheme of phasing.

            Reason: To ensure a balanced mix use of the site and that an appropriate level of employment land is retained in accordance with policies EP3 and SD1 of the South Somerset Local Plan.

19.                   No more than 20 dwellings shall be occupied until the serviced employment land is made available for development.

Reason: To ensure a sustainable mixed use development is achieved in accordance with policy SS2 of the South Somerset Local Plan 2006-2028.

20.                   Prior to the commencement of the dwellings hereby approved details of measures for the enhancement of biodiversity, which shall include the provision of bat, swallow and swift boxes, shall be submitted to and approved in writing by the Local Planning Authority.  The biodiversity enhancement measures shall be implemented in accordance with the approved details unless otherwise approved in writing by the local planning authority.

Reason: For the conservation and protection of species of biodiversity importance in accordance with policy EQ4 of the South Somerset local Plan 2006-2028.

(Voting: 5 in support, 1 against and 1 abstention)