Agenda item

Planning Application 16/03780/FUL - Land Adjoining Church, Hambridge.

Meeting of Area North Committee, Wednesday 23rd November 2016 2.00 pm (Item 109.)

Minutes:

Proposal: Proposed church car park and erection of a dwelling (revised scheme).

The Planning Officer presented the application as detailed in the agenda, noting that land within the blue line to the East would be used as overflow parking for the church, and that a pathway to the north to link with the school was being pursued by the parish council. He also highlighted the cluster of listed buildings neighbouring the church.

He updated members that additional information had been received from the applicant that included a letter from the vicar in support of the application and commenting that the car parking proposed might help access to the church. Reference was also made to the future footpath, which if done, would improve access between the church and the school.

The officer noted the principle of development was no longer a main reason to object to the proposal. The main consideration was the impact on the heritage assets and he drew attention to the comments of the Conservation Officer. He suggested if members were minded to refuse the application, that there should be a slight amendment to the wording of the reason so that it also included reference to scale and the car parking.

Mr S Denley, representative for Hambridge & Westport Parish Council, and Mr N Thompson representing the local school, spoke in support of the application. Their comments included:

· The Parish Council had not received any objections to the proposal.

· Development has been considered in a sympathetic way and will not be detrimental to the area.

· Funding for the footpath has been confirmed by the County Council but the timeframe for installation is unknown.

· The school regularly use the church for events and festivals, and occasionally for services and some lessons – this requires walking 400 yards along the B road or using a mini bus.

The applicant Mr M Rose and Mr C Miller, agent, then addressed members and their comments included:

· Family have lived in the village for centuries.

· Proposal was initiated by the community and was approached by the parish council to help in the delivery of a footpath

· There is support for the whole package, and the Victorian Society no longer object to the design, and there is benefit to the community plus parking and security for the church.

· Report confirms this is a sustainable location so only issue is harm upon listed building and heritage assets.

· Community will get a path and 8 parking spaces and there will be a legal agreement for use and maintenance in perpetuity.

Ward member, Councillor Sue Steele, noted the applicant was manager of the village nursing home and he was a key worker in the village, and it would be good for him to be nearby. Hambridge was a good village community and the house is wanted. She very much supported the proposal and felt the dwelling would fit in with the local area.

During discussion varying views were expressed and some of the comments included:

· Feel there are good benefits to the community and the proposal should be supported

· Will be detrimental to historical buildings, don’t feel benefits outweigh the harm

· There is a large new agricultural building visible in photographs of the application site

· Path likely to be provided anyway if funding has been approved

· Idea of car park is laudable but agree with officer recommendation.

· Road is dangerous

· It’s a difficult case but feel there will be an impact on the heritage asset.

· It could be argued that the issue of believing if the proposal will have a detrimental impact is subjective

It was proposed and seconded to approve the application, contrary to the officer recommendation, on the grounds it was considered that the proposal would not be detrimental to the locality and would not cause significant harm to the setting of the church and listed buildings and it would provide community benefits.

Before voting, the Legal Services Manager advised that members needed to be clear about wording within a Section 106 agreement. She reminded members that an agreement could say for perpetuity but someone could apply to modify a Section 106 agreement in the future. She noted that officers could try to negotiate for a land transfer or Unilateral Undertaking instead.

In response, the Planning Officer informed members that to date the church had indicated they did not want the responsibility for maintenance of the parking area. The Development Manager also noted if the application was approved that standard conditions would be required.

Voting for the proposal to approve the application was 4 in favour and 4 against with no abstentions. Taking the report, comments and representations into account, the Chairman used her vote in favour of the proposal.

The Development Manager clarified with members that regarding church parking within the Section 106 agreement, that they wished officers to pursue transfer of the land to the Church or Parish Council, and this was agreed. Should it not be possible to transfer the land to the Church, Parish Council or other appropriate body, it was agreed that the application should be brought back to committee for further consideration.

RESOLVED:

That planning application 16/03780/FUL be APPROVED, contrary to the officer recommendation, subject to the following:

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 the car park is transferred to the Church, Parish Council or other appropriate body.

Justification:

01. The proposed development, by reason of its siting, size, scale and materials, will have no adverse impact on the on the setting of the adjoining church and associated group of heritage assets. Furthermore, it will have no adverse effect on local landscape character, visual or residential amenity and highway safety. As such the proposed development is considered to accord with the aims and objectives of policies SD1, SS1, SS2, TA5, TA6 EQ2 and EQ3 of the South Somerset Local Plan (2006-2028)and the provisions of chapters 4, 6, 7, 11, 12 and the core planning principles of the National Planning Policy Framework.

Subject to the following conditions:

01. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To accord with the provisions of section 91(1) of the Town and Country Planning Act 1990.

02. The development hereby permitted shall be carried out in accordance with the following approved plans: 15/015205/01 ‘A’ and 15/01525/02 ‘B’, received 5^th September 2016.

Reason: For the avoidance of doubt as to the development authorised and in the interests of proper planning.

03. No development shall be carried out on site unless particulars of materials (including the provision of samples) to be used for the external surfaces of the development hereby approved has submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of visual amenity and to safeguard the character and appearance of the adjoining heritage assets, in accordance with policies EQ2 and EQ3 of the South Somerset Local Plan (2006-2028) and the provisions of chapters 7, 11 and 12 of the National Planning Policy Framework.

04. No development shall be carried out on site unless there has been submitted to and approved in writing by the Local Planning Authority 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; 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 after the development hereby permitted is first brought into use; 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.

05. The area allocated for parking and turning on submitted plan 15/01525/02 ‘B’, indicated as serving the dwelling hereby permitted, shall be kept clear of obstruction and shall not be used other than for parking and turning of vehicles in connection with the occupation of the dwelling hereby permitted.

Reason: In the interests of highway safety, in accordance with policies TA5 and TA6 of the South Somerset Local Plan (2006-2028) and the provisions of chapter 4 of the National Planning Policy Framework.

06. There shall be no obstruction to visibility greater than 900mm above the adjoining road level within the visibility splays, as indicated on the submitted plan 15/01525/02 ‘B’. Such visibility splays shall be fully provided before the dwelling hereby permitted is first occupied and shall thereafter be maintained at all times.

Reason: In the interests of highway safety, in accordance with policy TA5 of the South Somerset Local Plan (2006-2028) and the provisions of chapter 4 of the National Planning Policy Framework.

07. The proposed access over the first 6.0m of its length, as measured from the edge of the adjoining carriageway, shall be properly consolidated and surfaced, in accordance with details indicated on the submitted plan 15/01525/02 ‘B’. Such approved details shall be carried out prior to the occupation of the dwelling hereby approved and thereafter be maintained at all times.

Reason: In the interests of highway safety, in accordance with policy TA5 of the South Somerset Local Plan (2006-2028) and the provisions of chapter 4 of the National Planning Policy Framework.

08. Provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway, in accordance with details indicated on the submitted plan 15/01525/02 ‘B’. Such approved drainage details shall be completed and become fully operational before the development hereby permitted is first brought into use.

Reason: In the interests of highway safety, in accordance with policy TA5 of the South Somerset Local Plan (2006-2028) and the provisions of chapter 4 of the National Planning Policy Framework.

09. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no additional windows, including dormer windows, or other openings (including doors) shall be formed in the dwelling hereby permitted without the prior express grant of planning permission.

10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), there shall be no extensions to the dwelling hereby approved and no buildings or other structures including ponds, pools, walls, fences, gates or other means of enclosure are to be built within the curtilage of the dwelling without the prior express grant of planning permission.

(Voting: 5 in favour, 4 against, 0 abstentions)

Supporting documents: