Agenda item

Application Proposal: Outline application, with some matters reserved, for residential development, associated landscaping, cycleway and footpath links and new vehicular access

The Planning Officer presented his report to members with the aid of a PowerPoint presentation. He explained that the site had been allocated within the Local Plan and secured through a legal agreement, as a site for a new primary school. He further advised that the developer was offering to transfer an existing plot of land adjacent to the existing school to Somerset County Council, if they will agree to release the existing application site from the obligation. This was considered to be of considerable planning benefit. 

However, he further advised that the developer does not consider the financial obligations which have been requested to be viable. The developer has provided a viability assessment, which had been passed to the District Valuer (DV), however the DV was unable to agree with the developers assessment. He therefore recommended that the planning application be refused.

He provided members with an update to the report. The report detailed that the DV’s assessment of the site had concluded, in his draft response, that the developer could afford 35% affordable housing on the development. On receipt of a final copy of this assessment, this figure has now been replaced with 20%.

The SSDC Development Valuer addressed the Committee. She informed members that this was a complex site and unique situation, which in reality involved and linked two sites, at the request of changing the location of the school from Somerset County Council. She explained that the developer had submitted a viability assessment which that showed the financial requests were not viable to the developer and explained that the District Valuer had carried out a similar assessment and considered the financial requests to be reasonable. As, in the opinion and interpretation of the DV, some of the costs applied by the developer were too remote from the site in question or considered to be ‘double counting’ and therefore the DV excluded these costs in their assessment of viability. She explained that the DV stated that the developer could afford the 20% affordable housing request as well as other S106 contributions which have been requested; however different valuers could interpret costs differently under the formal RICS Guidance, particularly in such a complex case.

The Development Control Manager clarified that should the application be approved, the developer would not be making any financial contributions or providing affordable homes on the development.

Mr R Tudgay, representing the Town Council, addressed the Committee. He explained to members that the Town Council support the application and hoped that approval could be given without delay.

Mr D Farrow, representing Somerset County Council and the existing Wincanton Primary School, addressed the Committee. He spoke in support of the application. He described the school as a good school, which was rapidly growing in numbers. He advised members that the staff at the school were working hard to ensure that the lack of teaching space was not affecting the pupil’s education; however the staff are finding this difficult. He thought that an expansion to the school would enable the school to become outstanding.

Miss J Gannon, the planning agent, addressed the Committee. She explained that the developer was in fact Abbey Manor Homes and not herself as detailed in the Planning Officer’s report. She confirmed that the developer could not afford to provide affordable homes as well as the s106 contributions and that the costs detailed in their viability appraisal still remained.   She further advised that approval of this planning application would facilitate an extension to the existing primary school.

Councillor Colin Winder, Ward Member, spoke in support of the application. He explained to the Committee that Wincanton was desperate for a primary school.

The other Ward Member, Councillor Nick Colbert, spoke in support of the application. He explained that a high amount of affordable homes had been approved and explained that Wincanton would benefit from the school.

During the discussion, it was noted that this was very complex site, however it was suggested that an extension to the school site would be more favourable, rather than two separate sites.

Following the discussion, it was proposed and seconded that the planning application be approved, contrary to the officer’s recommendation, subject to a S106 to ensure the transfer of land adjoining the existing primary school site to Somerset County Council along with the sum of £109,000 to Somerset County Council as well as conditions to ensure; approved plans, time limit conditions, conditions suggested by Somerset County Council highways, drainage, ecology, construction environment management plan and a travel plan.

On being put to the vote, this was carried unanimously.

RESOLVED:  that planning application 16/01659/OUT be approved, subject to a legal agreement to secure the transfer of the land adjacent to the existing primary school to Somerset County Council (SCC), along with the sum of £109,963, to the satisfaction of SCC, contrary to the officer’s recommendation for the following reason;

01.          The applicant has sufficiently demonstrated that the proposed development is unable to make the required S106 contributions and the insistence upon such an obligation will prejudice the delivery of the preferred school site at Station Road. Furthermore, the site is considered to be acceptable in principle for residential development, and subject to appropriate details at the reserved matters stage, there will be no adverse impact on highway safety, residential amenity and visual amenity in accordance with policies SD1, SS1, EQ2, TA5 and TA6 of the South Somerset Local Plan 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 location plan, 1561-1001 received 15 April 2016.

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

02.          Details of the appearance, landscaping, layout and scale (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 Act 1990.

04.          The proposed estate roads, footways, footpaths, tactile paving, cycleways, bus stops/bus laybys, 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 to accord with policy TA5 of the South Somerset Local Plan.

05.          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 to accord with policy TA5 of the South Somerset Local Plan.

06.          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 to accord with policy TA5 of the South Somerset Local Plan.

07.          In the interests of sustainable development none of the dwellings in the first phase 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 to accord with policy TA5 of the South Somerset Local Plan.

08.          No work shall commence on the development site until an appropriate right of discharge for surface water and necessary improvements 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 interests of highway safety and to accord with policy TA5 of the South Somerset Local Plan.

09.          There shall be no obstruction to visibility greater than 300mm above the adjoining road level in advance of lines drawn 2.4m back from the carriageway edge on the centre line of the access and extending to points on the nearside carriageway edge 25m either side of the access. Such visibility shall be fully brought into use and shall thereafter be maintained at all times.

Reason: In the interests of highway safety and to accord with policy TA5 of the South Somerset Local Plan.

10.          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 and volume 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).

11.          The development hereby permitted shall not be commenced (including any ground works or site clearance) until a survey to determine presence/absence of slow worms, plus if present, a mitigation plan or method statement detailing measures to avoid harm to slow worms, has been submitted to and approved in writing by the local planning authority.  The works shall be implemented in accordance with the approved details and timing of the mitigation plan / method statement, unless otherwise approved in writing by the local planning authority.

Reason: For the protection and conservation of priority species in accordance with policy EQ4 of the South Somerset Local Plan, NPPF and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended).

12.          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 NPPF.

13.          No development shall take place until a site specific Construction Environmental Management Plan has been submitted to and been approved in writing by the Council. The plan must demonstrate the adoption and use of the best practicable means to reduce the effects of noise, vibration, dust and site lighting. The plan should include, but not be limited to:

·                     Procedures for maintaining good public relations including complaint management, public consultation and liaison

·                     Arrangements for liaison with the Council’s Environmental Protection Team

·                     All works and ancillary operations which are audible at the site boundary, or at such other place as may be agreed with the Local Planning Authority, shall be carried out only between the following hours:

[08 00] Hours and [18 00] Hours on Mondays to Fridays and [08 00] and [13 00] Hours on Saturdays and; at no time on Sundays and Bank Holidays.

·                     Deliveries to and removal of plant, equipment, machinery and waste from the site must only take place within the permitted hours detailed above.

·                     Mitigation measures as defined in BS 5528: Parts 1 and 2 : 2009 Noise and Vibration Control on Construction and Open Sites shall be used to minimise noise disturbance from construction works.

·                     Procedures for emergency deviation of the agreed working hours shall be in place.

·                     South Somerset District Council encourages all contractors to be ‘Considerate Contractors’ when working in the district by being aware of the needs of neighbours and the environment.

·                     Sampling should be undertaken for all material that may be considered to include Asbestos Containing Materials (ACM) and appropriate measures for dismantling and disposal should be prepared.

·                     Control measures shall be in place for control of dust and other air-borne pollutants.

·                     Measures shall be in place for controlling the use of site lighting whether required for safe working or for security purposes.

·                     Details of:

·         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;

·         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 the amenities of surrounding occupiers

14.          In the event that any signs of pollution such as poor plant growth, odour, staining of the soil, unusual colouration or soil conditions, or remains from the past industrial use, are found in the soil at any time when carrying out the approved development it must be reported in writing within 14 days to the Local Planning Authority (LPA). The LPA will then consider if the findings have any impact upon the development and development must be halted on that part of the site. If the LPA considers it necessary then an assessment of the site must be undertaken in accordance with BS10175. Where remediation is deemed necessary by the LPA a remediation scheme must be submitted to and approved in writing by the LPA and then implemented in accordance with the submitted details.

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

15.          Prior to the commencement of the development, a framework for the preparation of a Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The framework shall set out the proposed contents of the plan. Within one year of the first occupation of the buildings hereby approved, a Travel Plan shall be submitted to, and approved in writing by the Local Planning Authority. The plan shall include measurable outputs and arrangements for monitoring and enforcement.

Reason: In the interests of highway safety and sustainable development and in accordance with policy TA5 of the South Somerset Local Plan and the aims and provisions of the NPPF

(Voting: Unanimous)