Agenda item

Planning Application 15/05090/FUL - Land OS 5560, Crouds Lane, Long Sutton.

Minutes:

(Councillors Shane Pledger and Derek Yeomans, having both declared personal and prejudicial interests, left the room for the presentation and consideration of this application.)

Proposal: Change of use of agricultural storage barns to domestic storage and workshop for Long Sutton House. Change of use of barn to holiday/ancillary cottage. Change of use of root cellar to Laundry, domestic store, home office and holiday/ancillary cottage with basement. Erection of 2 no. holiday let/ancillary cottages. Change of use of barn to holiday let/ancillary cottage with store and potting shed. Change of use of agricultural land to domestic use. (Part retrospective application).

The Planning Officer presented the application as detailed in the agenda. He reminded members of the application and the reasons it had been deferred at the April meeting. He noted a site visit took place at the end of July. He provided an update regarding the drainage plan and condition, noting that the extra details required had since been submitted and agreed by SSDC engineers. It was therefore suggested that the wording of condition 12 be amended to refer to ‘be implemented’ rather than ‘details to be submitted’. He also highlighted that Permitted Development Rights would be removed if the proposal was approved, and that plan reference numbers in conditions 2 and 12 needed to be updated to reflect to the latest amended plans.

The application was then presented in detail, and the Planning Officer highlighted that a S.106 agreement was proposed to ensure non-fragmentation of the land within the applicant’s ownership (including the main house). He explained in more detail the drainage scheme and why a phasing plan was recommended to be included at condition 12.

Mr S Burdett and Mr J Ellerbeck addressed members in objection to the proposal. Some of their comments included:

· Local people have concerns and want to know the real purpose of the cellar.

· Concerned about the drainage especially in Crouds Lane, and that they may be further development in the future.

· There is numerous other tourist accommodation locally.

· Have personal doubts about viability of the business but acknowledge applicant has put forward an excellent business plan.

· Whole project is based on accommodation for visitors and tourists Wording in condition 3 regarding ancillary accommodation should be removed.

Mr E Yiallouris, Mr P Cox and Mr D Good spoke in support of the proposal. Some of their comments included;

· The proposal when fully occupied will only cater for up to 12 guests, and will contribute to the local economy with little harm.

· There will not be the level of activity and traffic as feared by some of the local community.

· The authority has historically supported tourism.

· Holiday lets in the area were not plentiful and they are often full.

Mr N Gould, applicant, noted that last time the application was considered he had been asked to address the drainage issues and this had been done. He explained that wording for ancillary accommodation in the conditions was needed, for example, if staff needed to stay overnight, but was content if members wished reference to ancillary accommodation be removed. He noted that the design and access statement submitted detailed use of the proposal, and he was sorry if some people had angst about the proposal.

During discussion varying views were raised by members including:

· Concern that what has been on site is not a viable concern and will not contribute to the local economy.

· Difficult to accept some of the information

· If this was a new application would we approve?

· The folly should not become residential accommodation.

· Driveway between buildings into car park is very narrow.

· Internally the facilities are excellent, but the outside appearance is not so appropriate in this setting.

· Need to support local tourism and the local economy.

· Must only consider the facts and not the surmising.

· Still concerned about the drainage aspect.

· Agree with one of the public speakers that reference to ancillary accommodation in condition 3 should be removed.

· Feel all traffic to access the site should be via Shute lane and not Crouds Lane.

· Disappointed with lack of engagement with the local community

· Need to be optimistic, but it would have been nice to see a tennis court or stabling so that visitors could enjoy the countryside.

In response comments made the Planning Officer and Development Manager clarified that:

· The issue regarding drainage had been back and forth with the SSDC engineers. Percolation tests had been completed and it was considered the drainage solution proposed could be achieved and was deemed acceptable by SSDC engineers.

· They cautioned about conditioning access via Shute Lane only as it would be difficult to enforce, and expressed the view that the condition was adequate to clarify that all tourism associated users should access the location via Shute Lane.

· Reference to ancillary use could be deleted from condition 3 if the application was approved.

· The folly is a garden structure associated with the garden to the main house and would require planning permission to be used independently for residential accommodation.

It was proposed to approve the application, as per the officer recommendation, subject to the following amendments:

· Condition 2 - to reflect the correct plan reference numbers.

· Condition 3 - to delete reference to use for ancillary accommodation in the specified units.

· Condition 12 – to reflect the correct plan reference numbers and to refer to ‘be implemented’ rather than ‘details to be submitted’, plus the additional requirement for a phasing plan.

On being put to the vote, the proposal was carried, 6 in favour and 2 against.

RESOLVED:

That planning application 15/05090/FUL 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 that no part of the land edged blue on the submitted plan ref. P5427/001E is sold separately from the remainder of that land;

b) The prior approval of a scheme of surface water disposal to the satisfaction of the Council's Engineer; and

c) the conditions set out below.

Justification:

01. The proposal represents a well-detailed scheme for the creation of tourist accommodation within the village, which, by reason of its siting, layout and design, respects the character and appearance of the setting (and the setting of the listed buildings), and causes no demonstrable harm to residential amenity, highway safety or the environment, in accordance with the aims of the NPPF and Policies SS2, EP8, TA5, TA6, EQ1, EQ2, EQ3, EQ4 and EQ7 of the South Somerset Local Plan.

Subject to the following conditions:

01. Notwithstanding the time limits given to implement planning permission as prescribed by Sections 91 and 92 of the Town and Country Planning Act 1990 (as amended), this permission (being granted under section 73A of the Act in respect of development already carried out) shall have effect from the 28 October 2015.

Reason: To comply with Section 73A of the Act.

02. The development hereby permitted shall be carried out in accordance with the following approved plans: the drawings ref. P5427 numbers 001E, 100E, 101C,102E, 103C, 106E and 107H.

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

03. The occupation of the units of holiday accommodation hereby approved (i.e. units numbered 3, 4, 6a, 6b and 7a as identified on the submitted plan ref. P5427/100E) shall be restricted to bona fide holidaymakers. None of the units shall at any time be occupied independently as any person's sole or main place of residence. The owners/operators shall maintain an up-to-date register of the names of occupiers of the units, and of their main home addresses, and shall make this information available at all reasonable times to the local planning authority.

Reason: To ensure that the approved holiday accommodation is not used for unauthorised permanent residential occupation in accordance with Policies SD1 and EP8 of the South Somerset Local Plan (2006 - 2028) and the aims and provisions of the National Planning Policy Framework.

04. No part of the development hereby approved, with the exception of the units referred to in Condition 3 above, shall be used other than as ancillary accommodation for use in association with the main dwellinghouse known as Long Sutton House.

Reason: In the interests of sustainable development and to ensure that the approved accommodation is not used for unauthorised permanent residential occupation in accordance with Policy SD1 of the South Somerset Local Plan (2006 - 2028) and the aims and provisions of the National Planning Policy Framework.

05. The area allocated for parking on the submitted plan ref. P5427/100E 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 amenity and highway safety and to accord with Policies TA5, TA6 and EQ2 of the South Somerset Local Plan.

06. Vehicular access to the units of holiday accommodation within the development hereby approved shall be via the site entrance onto Shute Lane. The operator of the approved scheme of tourist accommodation shall use this access point as the address for the development in any advertising, promotional and informational material issued (including any internet online advertising) to promote the scheme and arrange for customers to visit the site. Such material shall not make reference to the access on Crouds Lane.

Reason: In the interests of residential amenity and highway safety, in accordance with the aims of the NPPF and Policies TA5 and EQ2 of the South Somerset Local Plan,

07. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no outbuildings, garages or any other structures shall be erected other than those expressly authorised by this permission.

Reason: To safeguard the character and appearance of the area in accordance with the aims of the NPPF and Policies EQ2 and EQ3 of the South Somerset Local Plan.

08. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), there shall be no extensions or other external alterations to these buildings without the prior express grant of planning permission.

Reason: To safeguard the character and appearance of the area, and to accord with the NPPF and Policies EQ2 and EQ3 of the South Somerset Local Plan.

09. No external lighting shall be installed on the site unless the details have first been submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of residential amenity and to avoid light pollution, in accordance with the aims of the NPPF and Policies EQ2 and EQ7 of the South Somerset Local Plan.

10. Within three months of the date of this permission, 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, shall be submitted to the Local Planning Authority for approval. Such scheme shall be based on the layout shown on the submitted plan ref. P5427/100H. Once approved, 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 approval of the details, 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 shall thereafter be retained and maintained.

Reason: To safeguard the character and appearance of the area and to accord with Policy EQ2 of the South Somerset Local Plan.

11. Within three months of the date of this permission, full details of the siting, design and layout of an area for the on-site storage of refuse and recycling bins shall be submitted for approval to the Local Planning Authority. Once approved, the details shall be fully implemented and thereafter retained and maintained. There shall be no storage of such bins outside of the site or in the public highway area.

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

12. The drainage scheme and programme of maintenance shown on the submitted plans ref. 201340_C01B and 201340_C02 and received by email on 8th and 10th August 2016, shall be fully implemented in accordance with a phasing plan which shall have been submitted to and approved in writing by the Local Planning Authority within 3 months of the date of this permission. The phasing plan shall take into account the completion of the various elements of the development hereby approved, and shall ensure that adequate surface water drainage measures are available to serve the development at each stage in accordance with the agreed details in the submitted plans. Once implemented, the drainage measures shall be permanently retained and maintained.

Reason: In the interests of sustainable drainage and to accord with the NPPF and Policies SD1 and EQ1 of the South Somerset Local Plan.

(Voting: 6 in favour, 2 against)

Supporting documents: