Agenda item

Planning Application: 16/05090/FUL - Paddock Adjoining Square And Compass Public House, Windmill Hill, Ashill

Meeting of Area West Committee, Wednesday 17th May 2017 5.30 pm (Item 165.)

Minutes:

Application Proposal: The erection of 1 No. detached dwellinghouse and double garage (Revised Application)

The Planning Officer introduced the report and with the aid of slides and photographs summarised the details of the application. She informed members that an application on the site had been refused in 2016 for a smaller dwelling. She explained that the proposed site was 1 ½ km from the centre of Ashill with no pavement between the site and the village and was therefore considered to be remote from services and facilities. She advised that there was insufficient information regarding the visibility at the nearby junction and at the proposed point of access and a significant amount of hedgerow would need to be removed. The design of the dwelling was considered bland with no particular regard to local distinctiveness and the roof angles were awkward. The Planning Officer recommended that the application be refused.

In response to questions from members, the Planning Officer confirmed the following:

· The caravan and camping site used the existing access for the public house;

· Further detail about the properties situated to the north and north west of the site;

· The site was just under half a hectare;

· The house could not be redesigned through conditions;

· No analysis for need had been received;

· The paddock had no designations. It was an agricultural field in the open countryside;

· The red line was around the whole site and would all become residential use;

· No comments had been received with regard to loss of agricultural land.

The Committee was addressed by Dr Pete Walker in support of the application. He advised that he was representing the local residents in support of the application. He commented that the new dwelling would not be isolated and would be firmly in the setting of the village of Windmill Hill with a village pub and church.

The Applicant, Chris Slow advised that he intended to sell the pub and would not be continuing with the caravan business. He wished to build one house on the site to live in. He referred to there being a house on the site previously and advised that the footprint would be the same as for the old house. He commented that the paddock was not remote and was surrounded on 3 sides by buildings.

The Committee was addressed by the Applicant’s Agent, David Boggon. He advised that the proposed property would be part of a small self-sustaining community and was not remote. He believed that the proposed visibility splays would be adequate for a new dwelling as there would be less traffic and the access was used successfully for the current use.

Ward Member, Cllr. Linda Vijeh expressed her support for the application. She was of the opinion that the site was not situated in open countryside or remote from services and facilities and there would be no negative affect on the highway. She pointed out that there was a lot of support for the application and felt that it should be given overriding precedence.

During discussion, varying views were expressed by members both in support and against the application. Comments expressed included the following:

· Support for the application to be deferred to allow further discussion on the highway access;

· The application was not sporadic development in the open countryside;

· There were no objections from local residents;

· Not supportive of building on green fields in open countryside;

· The design of the house was disappointing;

· This was not an isolated site as it was surrounded on three sides by buildings;

· The curtilage of the site was considered large.

At the conclusion of the debate, it was proposed and seconded to approve the application contrary to the Planning Officer’s recommendation for the reason suggested by the Area Lead West.

Conditions suggested by the Area Lead West and agreed with members included the following:

· Approved Plans

· Materials

· Visibility Splays

· Parking

· Landscaping

On being put to the vote the proposal was approved by 8 votes in favour, 3 against and 2 abstentions.

RESOLVED:

That Planning Application No. 16/05090/FUL be APPROVED contrary to the Planning Officer’s recommendation for the following reason:

The proposed dwelling by reason of its location, design, materials and siting would represent a sustainable form of development and would not harm any residential or visual amenity. The scheme would provide a safe means of vehicular access and meet the required off road parking provision. The development is therefore in accord with policies SD1, SS1, EQ2, TA5 and TA6 of the South Somerset Local Plan and policy guidance in the NPPF.

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: 1725/1b, 1725/2b, 1725/3b, 1725/4d, 1725/4e, 1725/5b, 1725/4c.

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

03. No building operations above damp proof course level of the dwelling shall take place until details of the materials to be used in the construction of the external surfaces (doors/windows/render/roof finish) of the dwelling hereby permitted have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

Reason: In the interest of visual amenity and to accord with policy EQ2 of the South Somerset Local Plan (2006-2028).

04. Prior to the first occupation of the dwelling hereby permitted or during the first planting season following occupation, whichever is the sooner, a hard and soft landscaping scheme shall be carried out and completed in accordance with details that shall have been submitted to and approved in writing by the Local Planning Authority. The scheme 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. 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: In the interests of visual amenity to accord with policy EQ2 of the South Somerset Local Plan (2006-2028).

05. At the proposed access there shall be no obstruction to visibility greater than 900 millimetres above adjoining road level within the visibility splays shown on the submitted plan. (Drawing No. 1725/1b) Such visibility splays shall be constructed prior to the occupation of the development hereby permitted and shall thereafter be maintained at all times.

Reason: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

06. The area allocated for parking and turning on the submitted plan (1725/2b) shall be kept clear of obstruction and shall not be used other than for the parking and turning of vehicles in connection with the development hereby approved.

Reason: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

07. Prior to the occupation of the development hereby permitted the proposed access over at least the first 5 metres of its length, as measured from the edge of the adjoining carriageway, shall be properly consolidated and surfaced (not loose stone or gravel) in accordance with details which shall have been submitted to and approved in writing by the Local Planning Authority. Once constructed the access shall thereafter be maintained in that condition at all times.

Reason: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

08. Provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway, details of which shall have been submitted to and approved in writing by the Local Planning Authority. Such provision shall be installed before the site is first brought into use and thereafter maintained at all times.

Reason: In the interests of highway safety and in accordance with Policy TA5 of the South Somerset Local Plan (2006-2028).

09. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no garages/outbuildings shall be erected other than those expressly authorised by this permission.

Reason: Due to the size of the curtilage in order to allow the Local Authority to ensure that any outbuildings are appropriately sized and located within this rural location in accordance with Policy EQ2 of the South Somerset Local Plan (2006-2028).

Informatives:

01. Please be advised that approval of this application by South Somerset District Council will attract a liability payment under the Community Infrastructure Levy.

CIL is a mandatory financial charge on development and you will be notified of the amount of CIL being charged on this development in a CIL Liability Notice.

You are required to complete and return Form 1 Assumption of Liability as soon as possible and to avoid additional financial penalties it is important that you notify us of the date you plan to commence development before any work takes place. Please

complete and return Form 6 Commencement Notice.

You are advised to visit our website for further details

https://www.southsomerset.gov.uk/cil or email cil@southsomerset.gov.uk

02. Having regard to the powers of the Highway Authority under the Highways Act 1980 the applicant is advised that the creation of the new access will require a Section 184 Permit. This must be obtained from the Highway Service Manager for the Area at The Highways Depot, Tel No 0845 345 9155.

Application for such a permit should be made at least four weeks before access works are intended to commence.

(Voting: 8 in favour, 3 against, 2 abstentions)

Supporting documents: