Agenda item
Planning Application: 16/00865/OUT - Land off Shiremoor Hill, Merriott
- Meeting of Area West Committee, Wednesday 19th October 2016 6.00 pm (Item 66.)
- View the declarations of interest for item 66.
Minutes:
Application Proposal: Outline application for residential development (approximately 30 dwellings) and access from Shiremoor Hill
(Prior to consideration of the application, Councillor Paul Maxwell declared a personal interest as a relative lived in a property adjacent to the site.)
(Councillor Angie Singleton declared a personal and prejudicial interest, as her daughter was married into the family who owned the land. She advised that she would make a statement and leave the room prior to the debate and the vote)
The Area Lead Planning Officer presented his report to members with the aid of a powerpoint presentation. He advised that since writing his report 3 further emails had been received in support of the application, 2 from local residents and 1 from a County Councillor. He advised that following the August Committee meeting, the applicant had commissioned a Viability Report which concluded that the scheme was 100% viable and can meet all of the affordable housing, education and sport/leisure obligations sought. The Area Lead Planning Officer outlined the key considerations associated with the application and advised that his recommendation was for approval.
In response to questions, Members were informed of the following:
· The Principal Landscape Officer outlined his concerns with the application and advised that the landscape case was finely balanced;
· The Conservation Officer also outlined his views on the application and concluded that in his view harm was not justified;
· No request had been made for the confidential Viability Assessment to be attached to the agenda;
· Manor Drive was not being considered as a means of access in relation to the planning application before members;
· With regard to the land transfer, the Legal Services Manager confirmed that the agreement had been signed by both parties earlier that day but completion still needed to take place;
· The Viability Assessment had taken into account the cost of the land.
The Committee was addressed by Grant Wright and Iain Hall representing Merriott Parish Council. Comments raised included the following:
· A number of speedwatch sessions had been conducted in the village including a site along Shiremoor Hill. The effect on traffic and highways would be minimal as volume of traffic was considerably less in the area;
· The provision of affordable housing would help local people to get on the property ladder;
· Other developments were not able to offer this level of affordable housing;
· By accepting the development the village could still retain a green area and protect the land from any further development;
· The Parish Council voted 8 to 2 in favour of the application;
· A third of children attending the school came from outside the catchment of Merriott;
· The land was not classed as high grade agricultural land;
· There was no proposal to change the right of way.
The Committee was addressed by Mr J Bowman, Ms J Taylor, Mr T Hobbs who all spoke against the proposed development. Their comments included:-
· Merriott has had several recent housing developments. There was no justification for further development;
· The application did not comply with planning policy;
· Inadequate infrastructure to cope with additional housing – lack of transport, employment and medical facilities;
· There was no guarantee that affordable housing would be built;
· Lack of a 5 year housing land supply was not a reason to approve the application;
· Viability of the scheme could be affected due to the ownership of the small part of the Parrett Trail;
The Committee was then addressed by Mr P Goddard and Mr E Goddard in support of the application. Comments raised included the following:
· The family no longer felt able to steward the land;
· The land had been spoiled over the years by dog walkers and many intrusions including waste disposal;
· The proposal had strong support from the Parish Council which was considered the main body representing the community;
· A survey had been distributed to local residents with only 32 responses being received;
· It was confirmed that the land transfer agreement had been exchanged and a covenant included to prevent future building on the land;
· This was an opportunity to secure a legacy for generations to come.
The Agent for the applicant, Mr S Coles advised that the alternative access was not available to the applicant. He stated that the scheme was viable and would make a difference to the housing land supply. The deferral from the August Committee meeting had been addressed and there were no new issues raised. He commented that Merriott was a sustainable location and the application was supported by the Parish Council. He concluded that the public benefits of the application outweighed the harm.
At this point in the proceedings, Councillor Angie Singleton made her statement prior to leaving the room. She commented that the gift of the land was a once in a lifetime opportunity for the village. The proposal had strong support of the Parish Council and was located in a sustainable location.
The Ward Member, Councillor Paul Maxwell commented that the site was part of the medieval centre of the village and should be preserved and felt that paragraph 74 of the NPPF did apply. He advised that there was very little community support for the proposal and that the Parish Council had not consulted the village on the application. He was of the view that a lack of a 5 year housing supply was not a reason to approve the application. He felt that the application was contrary to a number of planning policies including SS1 & SS2, EQ1, EQ2 and EQ4.
During discussion on the application, several members expressed their support for the application. Comments raised included:
· The landscape case was finely balanced;
· There was strong support from the Parish Council for the development;
· The access would not cause substantial harm;
· 6.8% growth was not a huge amount;
· The land being transferred to the Parish Council would be preserved;
· The scheme supported shared ownership.
At the conclusion of the debate, it was proposed and seconded to approve the application as per the Planning Officer’s recommendation. On being put to the vote the proposal was carried by 9 votes in favour and 3 against.
|
RESOLVED: |
That Planning Application No. 16/00865/OUT be approved as per the Planning Officer’s recommendation for the following reason:
01. The proposed development by reason of its design, access, layout and location will provide a sustainable form of development, will make a contribution towards meeting the Council's housing needs, including affordable housing needs, will provide a safe means of access, will not adversely harm ecological interests and will include the transfer of land to the Parish Council. The public benefit of the scheme will outweigh the identified 'less than substantial harm' caused by the development in respect of heritage assets. The scheme is therefore in accord with Policies SD1, SS1, SS2, SS5, HG3, TA5, TA6, HW1, EQ2, EQ3 and EQ4 of the South Somerset Local Plan, the core planning principles and Chapter 6 11 and 12 of the NPPF.
SUBJECT TO THE FOLLOWING:
01. The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.
Reason: To accord with the provisions of Article 4 of the Town and Country Planning (Development Management Procedure) Order 2010
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.
Reason: As required by Section 92(2) of the Town and Country Planning Act 1990.
03. All reserved matters shall be submitted in the form of one application to show a comprehensive and coherent scheme with respect to design and scale of the dwellings, site layout, plot boundaries, materials, and landscaping.
Reason: As required by Section 92(2) of the Town and Country Planning Act 1990.
04. The development hereby permitted shall not be commenced until 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.
Reason: To safeguard the character and appearance of the area to accord with Policy EQ2 and EQ3 of the South Somerset Local Plan.
05. Before the development hereby permitted shall be commenced details of all eaves/fascia board detailing, guttering, downpipes and other rainwater goods shall be submitted to and approved in writing by the Local Planning Authority. Such details once carried out shall not be altered without the prior written consent of the Local Planning Authority.
Reason: To safeguard the character and appearance of the area and Conservation Area to accord with Policy EQ2 and EQ3 of the South Somerset Local Plan.
06. Before any of the development hereby permitted is commenced details of the internal ground floor levels of the buildings to be erected on the site shall be submitted to and approved in writing by the Local Planning Authority.
Reason: To safeguard the character and appearance of the area to accord with Policy EQ2 of the South Somerset Local Plan.
07. The proposed 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 interests of highway safety to accord with Policy TA5 of the South Somerset Local Plan.
08. No work shall commence on the development hereby permitted until the works shown on drawing No. 13884/T03 have been submitted to and approved writing by the Local Planning Authority.
Reason: In the interest of highway safety to accord with Policy TA5 of the South Somerset Local Plan.
09. 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 vehicles 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. Measures to ensure that dust and mud is not brought onto the highway, including wheel cleaning and the regular cleaning of roads when necessary.
Reason: In the interest of highway safety to accord with Policy TA5 of the South Somerset Local Plan.
10. 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 to accord with Policy TA5 of the South Somerset Local Plan.
11. 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 to accord with Policy TA5 of the South Somerset Local Plan.
12. 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 thereafer at all times.
Reason: In the interests of highway safety to accord with Policy TA5 of the South Somerset Local Plan.
13. 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 interests of highway safety to accord with Policy TA5 of the South Somserset Local Plan.
14. There shall be no obstruction to visibility greater than 300mm above adjoining road level in advance of a line drawn 2.4m back from the carriageway edge on the centre line of the access and extending to a point on the nearside carriageway edge 42m to the north of the access. Such visibility shall be fully provided before works commence on the development hereby permitted and shall thereafter be maintained at all times.
Reason: In the interests of highway safety to accord with Policy TA5 of the South Somerset Local Plan.
15. 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). . 16. No works shall be undertaken until there has been submitted to and approved in writing by the Local Planning Authority, a scheme of tree and shrub planting. Such a scheme shall include numbers of individual species, sizes at the time of planting, whether container-grown or cell-grown and the approximate date of planting. The installation details regarding ground preparation, staking, tying, guarding and mulching shall also be included in the scheme. All planting comprised in the approved details shall be carried out in the next planting season following the commencement of any aspect of the development hereby approved; and if any trees or shrubs which within a period of ten years from the completion of the development die, are removed or in the opinion of the Council, become seriously damaged or diseased, they shall be replaced in the next planting season with trees/shrubs of the same specification, unless the Local Planning Authority gives written consent to any variation.
Reason: To ensure 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 of The South Somerset Local Plan (2006 - 2028); EQ2: General Development, EQ4: Bio-Diversity & EQ5: Green Infrastructure."
17. Prior to commencement of this planning permission, site vegetative clearance, demolition of existing structures, ground-works, heavy machinery entering site or the on-site storage of materials, a scheme of tree and hedgerow protection measures shall be prepared by a suitably experienced and qualified arboricultural consultant in accordance with British Standard 5837: 2012 - Trees in relation to design, demolition and construction and submitted to the Council for their approval. Upon approval in writing from the Council, the tree and hedgerow protection measures shall be installed and made ready for inspection. A site meeting between the appointed arboricultural consultant, the appointed building/groundwork contractors and the Council's Tree Officer (Mr Phillip Poulton - 01935 462670) shall then be arranged at a mutually convenient time. The locations and suitability of the tree and hedgerow protection measures shall be inspected by the Tree Officer and confirmed in-writing by the Council to be satisfactory prior to any commencement of the development. The approved tree and hedgerow protection requirements shall remain implemented in their entirety for the duration of the construction of the development and the protective fencing and signage 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 and hedgerows) in accordance with the Council's policies as stated within The South Somerset Local Plan (2006 - 2028); EQ2: General Development, EQ4: Bio-Diversity & EQ5: Green Infrastructure.
18. The development hereby approved shall be carried out in accordance with the following approved plans: Drawing number A085035 -1DRGA01.
Reason: For the avoidance of doubt and in the interests of proper planning.
Informatives:
01. 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 the Traffic and Transport Development Group, Somerset County Council, County Hall, Taunton, TA1 4DY or by phoning 0300 123 2224. 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.
The fee for a Section 171 Licence is £250. This will entitle the developer to have their plans checked and specifications supplied. The works will also be inspected by the Superintendence Team and will be signed off upon satisfactory completion.
The developer in delivering the necessary highway works associated with the development hereby permitted is required to consult with all frontagers affected by said highway works as part of the delivery process. This should be undertaken as soon as reasonably practicable after the grant of planning consent and prior to the commencement of said highway works, especially if the design has evolved through the technical approval process. This is not the responsibility of the Highway Authority.
02. The applicant/developer is requested to contact Wessex Water prior to any development commencing in respect of the local water supply capacity. Please conact Gillian Sanders on 01225 526303
03. The Enviornment Agency have requested that the developer is made aware of the following advice: Flood Risk We are satisfied that the proposed development will be located in Flood Zone 1 (low risk). The Lead Local Flood Authority, in conjunction with your Drainage Engineer, will lead on surface water drainage matters and any issues associated with the local watercourse from the site.
Pollution Prevention During Construction
Safeguards should be implemented during the construction phase to minimise the risks of pollution and detrimental effects to the water interests in and around the site. Such safeguards should cover the use of plant and machinery, oils/chemicals and materials; the use and routing of heavy plant and vehicles; the location and form of work and storage areas and compounds and the control and removal of spoil and wastes. We recommend the applicant refer to our Pollution Prevention Guidelines, which can be found at: https://www.gov.uk/government/collections/pollution-prevention-guidance-ppg
Waste Management Should this proposal be granted planning permission, then in accordance with the waste hierarchy, we wish the applicant to consider reduction, reuse and recovery of waste in preference to offsite incineration and disposal to landfill during site construction.
If any controlled waste is to be removed off site, then site operator must ensure a registered waste carrier is used to convey the waste material off site to a suitably authorised facility. If the applicant require more specific guidance it is available on our website https://www.gov.uk/how-to-classify-different-types-of-waste
Sustainable Construction Sustainable design and construction should be implemented across the proposed development. This is important in limiting the effects of and adapting to climate change. Running costs for occupants can also be significantly reduced.
Water efficiency measures should be incorporated into this scheme. This conserves water for the natural environment and allows cost savings for future occupants. The development should include water efficient systems and fittings such as: dual-flush toilets; water-saving taps; water butts; showers and baths. Greywater recycling and rainwater harvesting should also be considered.
04. The applicant/developer is advised to contact the Local Planning Authority prior to the submission of any detailed reserved matters application to discuss the layout of the scheme including details of the access road.
(Voting: 9 in favour, 3 against) |
Supporting documents:
PDF 825 KB
