Agenda item

Planning Application 16/04346/FUL - Land Adjacent The Old Coach House, Westover, Langport.

Minutes:

The Planning Officer introduced the report and advised that the application was for a single dwelling on land to the rear of existing developments. It was before the Committee as the access arrangements did not accord with standard Highway Authority advice. He advised that the existing access onto the A378 served several dwellings and although there was reasonable visibility from the access to the West, Members should consider if one further dwelling would cause demonstrable harm to residential amenity and highway safety.

Mr S Glas, a nearby resident, spoke in objection to the application. He said the access to the site was a significant slope with an adverse camber which could create wheel-spin. Visibility was deceptive as vehicles accelerated over Bow Bridge so it was difficult to leave the site. The entrance was also opposite the Westover Trading Estate. The transport survey undertaken by the applicant had been conducted during the school holidays so was not representative of normal traffic.

Mr M Bellamy, Highway Adviser to the applicant, said there had been a number of changes to highway safety in recent years. He accepted that the traffic survey had been conducted during the school holidays but he said there was full visibility to the left when exiting the site and also some visibility through railings to the right. He also referred to a recent Planning Inspectors appeal decision at Broadway which he felt was relevant to the site.

Mr C Miller, Agent for the applicant, said the site was now within the development area and it would have no adverse effect upon the flood zone. The applicant would be happy to ensure a flood evacuation plan if necessary. Maps of the area were not sufficiently detailed to state whether the site had been part of a historic landfill site but as a precaution, the applicant was happy to accept a condition to investigate this.

The Ward Member, Councillor Tiffany Osborne, expressed her concern at the highway safety and the possible disturbance of residents during construction. She referred to a recent appeal decision in Broadway, near Ilminster and said that although she understood the difficulties of the site, she would agree with the officer’s recommendation.

During a brief discussion, Members noted that historically there had been shops and a hotel using the access and although the access lane was narrow, there were other dwellings already there. The officer’s recommendation to approve the application was proposed and seconded and on being put to the vote, was carried (voting: 9 in favour, 1 against, 1 abstention).

RESOLVED:

That planning application 16/04346/FUL be APPROVED, as per the officer recommendation, subject to the following:

Justification:

The proposed development, by reason of size, scale and materials, is acceptable as it respects the character of the local area, does not adversely affect the setting of nearby conservation area and has no unacceptable impact on residential amenity, highway safety or local flood risk. As such, the proposed development is considered to accord with the aims and objectives of policies SD1, SS1, SS4, SS5, 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: '16/1568/01' and '16/1568/03'.

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

03. No work shall be carried out in respect to the construction of the external surfaces of the development hereby permitted unless particulars of materials (including the provision of samples) to be used for the external surfaces have been submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of visual amenity, 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. The area allocated for parking and turning on submitted plan '16/01568/01', 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 dwellinghouse 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.

05. The garage hereby approved shall be constructed prior to the dwellinghouse first being occupied.

Reason: In the interests of residential amenity, in accordance with policy EQ2 of the South Somerset Local Plan (2006-2028) and the core planning principles of the National Planning Policy Framework.

06. The development hereby permitted shall not commence until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall include construction vehicle movements, construction operation hours, construction vehicular routes to and from site, 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, pollution prevention measures 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: To safeguard residential amenity and highway safety, in accordance with policies EQ2 and TA5 of the South Somerset Local Plan (2006-2028) and the provisions of chapter 4 and the core planning principles of the National Planning Policy Framework.

07. The development hereby permitted shall not begin until a scheme to deal with contamination of land, controlled waters and/or ground gas has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include all of the following measures, unless the Local Planning Authority dispenses with any such requirement specifically in writing:

i. A Phase I site investigation report carried out by a competent person to include a desk study, site walkover, the production of a site conceptual model and a human health and environmental risk assessment, undertaken in accordance with BS 10175 : 2011 Investigation of Potentially Contaminated Sites - Code of Practice.

ii. A Phase II intrusive investigation report detailing all investigative works and sampling on site, together with the results of the analysis, undertaken in accordance with BS 10175:2011 Investigation of Potentially Contaminated Sites - Code of Practice. The report should include a detailed quantitative human health and environmental risk assessment.

iii. A remediation scheme detailing how the remediation will be undertaken, what methods will be used and what is to be achieved. A clear end point of the remediation should be stated, such as site contaminant levels or a risk management action, and how this will be validated. Any ongoing monitoring should also be outlined.

iv. If during the works contamination is encountered which has not previously been identified, then the additional contamination shall be fully assessed and an appropriate remediation scheme submitted to and approved in writing by the Local Planning Authority.

v. A validation report detailing the proposed remediation works and quality assurance certificates to show that the works have been carried out in full accordance with the approved methodology. Details of any post-remedial sampling and analysis to show that the site has reached the required clean-up criteria shall be included, together with the necessary documentation detailing what waste materials have been removed from the site.

Reason: To protect the health of future occupiers of the site from any possible effects of contaminated land, in accordance with policy EQ7 of the South Somerset Local Plan (2006-2028) and the core planning principles of the National Planning Policy Framework.

08. Before the development hereby permitted commences the applicant must

either:

a. Investigate the site for landfill gas to the satisfaction of the LPA, to ascertain whether gas protection measures are required. Where measures are required the details shall be submitted to, and approved by, the LPA. Or;

b. The applicant shall install gas protection measures as a precautionary measure without first investigating the site. The details of these measures shall be submitted to, and approved by, the LPA.

For a. and b. all required measures shall be installed before the development is first occupied.

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.

Reason: In the interests of visual and residential amenity, in accordance with policies EQ2 and EQ3 of the South Somerset Local Plan (2006-2028) and the provisions of chapters 7, 11, 12 and the core planning principles of the National Planning Policy Framework.

Informatives:

01. The applicant should note that the entrance to the site is within Flood Zones 2, as designated by the Environment Agency, and should consider putting flood emergency response and evacuation arrangements in place, in line with details indicated in correspondence dated 14th October 2016 (email from Clive Miller to John Millar).

(voting: 9 in favour, 1 against, 1 abstention)

Supporting documents: