Agenda item

Planning Application 16/04723/FUL - Land At Junction of Behind Town, Touch Lane, Compton Dundon.

Minutes:

Proposal: Erection of a single residential dwelling with onsite parking and turning.

 

The Planning Officer introduced the report and updated members that two further letters had been received from local residents. One noted that seven of the letters of support were from people who did not live in the village. The other questioned if the applicant owned the entire site – this had been checked with the agent who had confirmed all the land was in the applicant’s ownership.

 

She then presented the application as detailed in the agenda, highlighting that a temporary Tree Preservation Orders (TPO) had been placed on trees at the site.

 

Mr G Walker, spokesperson for Compton Dundon Parish Council, noted they had taken the view that this type of development was needed in the village and had discussed the temporary TPO. The Parish Council had also carefully considered infill development permitted elsewhere in the village and also the impact on the nearby by-way.

 

Mr T Pole, addressed members in objection to the proposal. He raised concerns about the drainage ditch to the east of the site which when flooded went across the application site. He also noted due to the restricted size of the site aby development would likely cause damage to tree roots. There would be very little space in front of the building which was likely to give an overbearing appearance. He questioned if there was a need for this property to be built in such a rural location.

 

Mr M Jones and Mr A Harvey, spoke in support of the application and their comments included:

·         At least one tree was already damaged or diseased and could come down at any time and damage a mobile home in the adjacent field.

·         The government supports self-builds and the build will bring local employment.

·         Applicants were well known in the village and have family ties.

 

Mr C Swain, applicant, noted the temporary TPO had been put in place following comments from a local tree surgeon about health of the trees. They were mindful of the by-way surface and would monitor and repair to any standards necessary. He noted there were a number of properties in the village that had very little, if any, land in front of the buildings. He also noted local people had commented on the proposal and no objectors had contacted him directly or raised objections at Parish Council meetings.

 

Ward member, Councillor Stephen Page, commented it was a difficult application. He noted it had support of the Parish Council who looked at these matters very carefully, but he also acknowledged and understood the comments of those who had raised concerns.

 

During debate members made comments in support of the application including:

·         It’s a modest house

·         There are questions about the current health of some of the trees and surprised there was a temporary TPO.

·         Weighing up arguments, feel no demonstrable harm could be done.

·         A house near a drove is acceptable.

 

In response to comments made, the Area Lead clarified:

·         The size of the site and dwelling, and details of the by-way.

·         Officers were not suggesting there was issue about principle, but by virtue of the layout and cramped nature the proposal may be an intrusive consolidation of built form.

·         The TPO was only temporary in order to provide time to consider the application. If members were minded to approve the application it was recommended the TPO slips away as the trees are unlikely to have a future.

·         Removal of Permitted Development Rights for extensions and outbuildings would be reasonable due to the size of the site.

 

As members were minded to approve, the Area Lead suggested the wording for the justification would largely be the reverse of the reason indicated in the agenda report. He suggested there should be conditions for:

·         Time limit

·         Plans

·         Landscaping

·         Removal of Permitted Development Rights for extensions and outbuildings

·         Details of hardstanding to be agreed

 

At the end of discussion it was proposed to approve the application, contrary to the officer recommendation, as the proposal was considered to be acceptable, subject to the conditions and wording of the justification as suggested by the Area Lead. On being put to the vote, the proposal was carried unanimously in favour.

 

RESOLVED:

That planning application 16/04723/FUL be APPROVED, contrary to the officer recommendation, subject to the following:

 

Justification:

The proposed development, by reason of its siting, layout and design, is considered to be an acceptable and appropriate form of development that would respect the existing pattern of development in the area. The development is therefore considered to comply with the aims and objectives of policies SD1, SS2, EQ2 and EQ5 of the South Somerset Local Plan and the provisions 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 drawings numbered 1007:DP:OG:01, 1007:DP:OG:03, 1007:DP:OG:04, 1007:DP:OG:05, 1007:DP:OG:06 and 1007:DP:OG:07 received 31/10/2016.

 

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

 

03. The development hereby permitted shall not be commenced 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 following the first occupation of the dwelling or the completion of the development, whichever is the sooner; 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.

 

Reason: To safeguard the rural amenities of the area to accord with policy EQ2 of the South Somerset Local Plan.

 

04. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), there shall be no extensions to the dwelling hereby permitted and no outbuildings or garages erected within the approved associated curtilage without the prior express grant of planning permission.

 

Reason: To safeguard the rural amenities of the area in accordance with policy EQ2 of the South Somerset Local Plan.

 

05. The development hereby permitted shall not be commenced unless surface details for the areas of hardstanding have been submitted to and agreed in writing by the Local Planning Authority. The areas of hardstanding shall thereafter be implemented and permanently maintained in accordance with the agreed details, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To limit any increase in surface water runoff from the site to accord with policy EQ2 of the South Somerset Local Plan.

 

(Voting: Unanimous in favour)

Supporting documents: