Agenda item

RESOLVED:

That planning application 15/03585/OUT be APPROVED, as per the officer recommendation, subject to the following:

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

(a)     A contribution of £185,442 (or £3,143 per dwelling) towards offsite recreational infrastructure, to the satisfaction of the Development Manager in consultation with the Assistant Director for Health & Wellbeing broken down as:

·           £118,685 for local facilities;

·           £17,416 for strategic facilities;

·           £47,505 as a commuted sum towards local services;

·           £1,836 as the Community Health and Leisure Service administration fee. 

(b)     The provision of land for the provision of on-site equipped play space and their on-going maintenance through a management plan to the satisfaction of the Development Manager in consultation with the Assistance Director for Health & Wellbeing.

(c)     At least 35% of the dwellings as affordable dwellings with a tenure split of 67:33 in favour of rented accommodation over other intermediate types, to the satisfaction of the Development Manager in consultation with the Corporate Strategic Housing Manager.

(d)     A contribution of £386,052 towards the cost of providing additional pre-school, primary school and secondary school places, to the satisfaction of the Development Manager and consultation with Somerset County Council. 

(e)     A scheme of maintenance for the long-term maintenance of the areas of open space, to the satisfaction of the Development Manager.

(f)      Details of the surfacing and drainage of the bridleway and its on-going maintenance in relation to the provision of the pedestrian link from the site to the point where the bridleway has already been hard surfaced, to the satisfaction of the Development Manager.

Justification:

Notwithstanding the local concerns, the provision of up to 59 houses and community facilities in this sustainable location would contribute to the council’s housing supply without demonstrable harm to landscape, residential or visual amenity, ecology, archaeology, flooding and drainage or highway safety, and without compromising the provision of services and facilities in the settlement. As such the scheme is considered to comply with the aims and objectives of policies SD1, SS1, SS4, SS5, SS6, LMT3, HG3, TA1, TA4, TA5, TA6, HW1, EQ1, EQ2, EQ3, EQ4, EQ5 and EQ7 of the South Somerset Local Plan and the provisions of the National Planning Policy Framework.

Subject to the following conditions:

01.       Details of landscaping and appearance (herein 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: For the avoidance of doubt and in the interests of proper planning.

02.       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 three years from the date of this permission or not later than two 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 Act 1990.

03.       The development hereby permitted shall be carried out in accordance with the following approved plans location plan received 05/08/2015 and drawing numbered 13-840-203-K received 12/07/2016.

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

04.       The development hereby permitted shall comprise no more than 59 dwellings.

Reason: To ensure that the level and density of development is appropriate to the location and commensurate with levels of contributions sought in accordance with policies EQ2, SS6 and HW1 of the South Somerset Local Plan

05.       The development hereby permitted shall not be commenced unless details of the fencing to enclose the on-site equipped play area, of a design that would prevent access by badgers, shall be submitted to and agreed in writing by the local planning authority. The agreed details shall thereafter be fully implemented and shall be permanently maintained and retained in this fashion.  

Reason: In the interest of public health to accord with policies EQ2 and E      Q7 of the South Somerset Local Plan.

06.       The reserved matters application shall include full details of proposals for the incorporation of features to enable the enhancement of biodiversity.

Reason: For the enhancement of biodiversity in accordance with policies EQ4 and EQ5 of the South Somerset Local Plan and Part 12 of the National Planning Policy Framework.

07.       Prior to the commencement of the development full details of the proposed access, based on the approval layout (drawing number 13-840-203-K received 12/07/2016 shall be submitted to and agreed in writing by the local planning authority. Once approved such details shall be implemented prior to the commencement of development, unless otherwise agreed in writing by the local planning authority.

            Reason: In the interest of highway safety to accord with Policy TA5 of the South Somerset Local Plan.

08.       The proposed junction, emergency access and estate roads, footways, footpaths, tactile paving, cycleways, bus stops/bus 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 before their construction begins.  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 interest of highway safety to accord with Policy TA5 of the South Somerset Local Plan.

09.       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 to accord with Policy TA5 of the South Somerset Local Plan.

10.       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 interest of highway safety to accord with Policy TA5 of the South Somerset Local Plan.

11.       The development hereby permitted shall not commence unless a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority (in consultation with Somerset County Council). 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, specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice and a scheme to encourage the use of public transport amongst contractors. The development shall be carried out strictly in accordance with the approved Construction Management Plan.

            Reason: In the interests of residential amenity and highway safety to accord with Policies EQ2 and ST5 of the South Somerset Local Plan.

12.       No vehicular or pedestrian access shall be formed from the site directly on to the public right of way (bridleway L 25/47) other than the pedestrian access points detailed on the approved plans.

            Reason: In the interest of the amenities of users of the bridle way and to safeguard highway safety to accord with policies EQ2 and ST5 of the South Somerset Local Plan.

13.       No development hereby approved shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the local planning authority.

            Reason: To safeguard the archaeological interest of the site in accordance with Policy EQ3 of the South Somerset Local Plan.

14.       Prior to the commencement of the development, a Travel Plan is to be submitted to and approved in writing by the Local Planning Authority.  Such Travel Plan should include soft and hard measures to promote sustainable travel as well as targets and safeguards by which to measure the success of the plan.  There should be a timetable for implementation of the measures and for the monitoring of travel habits.  The development shall not be occupied unless the agreed measures are being implemented in accordance with the agreed timetable.  The measures should continue to be implemented as long as any part of the development is occupied.

            Reason: In the interests of sustainable development and to accord with policy TA4 of the South Somerset Local Plan.

15.       No work shall commence unless a surface water drainage scheme for the site, based on the Flood Risk Assessment reference 1309-002 dated May 2015 prepared by Eric Woodgate & Associates, has been submitted to and approved in writing by the local planning authority. The scheme shall be designed to maximise disposal of surface water through infiltration. Any runoff leaving the site shall be limited to the greater of 5l/s and 2l/s/ha for all storm events up to the 1 in 100 year plus climate change. The volume of attenuation storage shall be determined from the 6 hour duration 1 in 100 year plus climate change storm event. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

Reason: To prevent the increased risk of flooding and where possible reduce the risk of flooding overall, as required by the National Planning Policy Framework.

16.       The development hereby permitted shall not be occupied or brought into use unless a scheme for the future responsibility and maintenance of the surface water drainage system has been submitted to and approved in writing by the local planning authority. The approved drainage works shall be completed and maintained in accordance with the details and timetable agreed.

            Reason: To prevent the increased risk of flooding and where possible reduce the risk of flooding overall, as required by the National Planning Policy Framework.

17.         None of the dwellings hereby permitted shall be occupied unless a scheme of street lighting has been installed within the site and along the bridleway that is to serve as the pedestrian access to the site, in accordance with a design and specification to be submitted to and agreed in writing by the local planning authority.

Reason: In the interest of highway safety and the amenity of users of the pedestrian access to accord with policies TA5 and EQ2 of the South Somerset Local Plan.

18.       The development hereby permitted shall not be commenced unless a programme showing the phasing of the development has been submitted to and approved in writing by the local planning authority.  The development hereby permitted shall thereafter be carried out in complete accordance with the approved phasing programme, unless otherwise agreed in writing by the local planning authority.

               Reason: In the interest of highway safety and to ensure the comprehensive and satisfactory development of the site in line with the planning obligations that have been agreed, to accord with policies TA5, SS6, HG3 and HW1 of the South Somerset Local Plan.

Informatives:

1.            The application site is within 250 metres of a suspected landfill site. The applicant / developers attention is drawn to the fact that there is the potential for the production and migration of landfill gas. You are reminded that the responsibility for safe development rests with the owner and / or developer. Accordingly, the applicant / developer is advised to seek independent expert advice regarding the possibility of the presence, or future presence, of gas and whether any precautionary measures are necessary. The Council’s Environmental Health service will make available to you, free of charge, any information or data that it has in relation to the land to which the application applies. For further information please contact Sally Ann Webster at SSDC (tel: 01935 462528).

2.            The applicant’s attention is drawn to the comments set out within the email dated 14/08/2015 from Michael Hardwill of Somerset County Council’s Rights of Way department. 

3.            The applicant’s attention is drawn to the LPA’s Ecologist’s comments which note that the measures outlined in Section 5.3 of the Ecological Assessment could be appropriate in respect of condition 05.

4.            The applicant’s attention is drawn to the highway authority’s concerns that the road layout may need to be altered when agreement for the detailed road details are sought and that the granting of this permission does not override any concerns raised at technical approval stage.

5.            Where works are to be undertaken on or adjoining the publicly maintainable highway a licence under Section 171 of the Highways Act 1980 must be obtained from the Highway Authority.  Application forms can be obtained by writing to Transport Development Group, Environment Department, County Hall, Taunton, TA1 4DY, or by telephoning 01823 355645.  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.

6.            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.

7.            The applicant is reminded that there is a mains water supply that crosses over the site and supplies Edmonton Farm and that they will need to ensure that the water supply to this property is not adversely affected as a result of this development.