Decisions

(Voting: unanimous in favour)

(Voting: 36 in favour, 0 against, 1 abstention)

(Voting: unanimous in favour)

(1)      To note that it appointed the Leader of the Council in May 2019 for a period of four years, starting on the day of her election and ending on the vesting day of the new Somerset Council on 1^st April 2023.

(2)      To note that the Leader appointed a Deputy Leader in May 2019 to hold office until the end of the term of office of the Leader.

(3)      The Leader appoint between 1 and 8 further District Executive Members.

(4)      The re-establishment of the following member-level bodies for 2022/2023:

District Executive and Portfolios

(5)     To appoint members to the committees listed in recommendation (4) above having regard to the principles of political balance.

(6)     To appoint Chairmen and Vice-Chairmen of the committees listed in (4) above.

(7)     That the bodies appointed in (4) and (5) above will operate in accordance with their existing terms of reference (as attached at Appendix A) and the scheme of delegation set out in Part 3 of the Constitution.

(8)     To appoint members to the Council wide panels and partnerships below:

(9)   To note that the Strategic Alliance with Sedgemoor District Council has ceased as all the Somerset Councils move towards Unitary Council status in April 2023.

(10) To note the Independent Members’ Remuneration Panel have not met for a number of years as Council agreed to an annual uplift of all Basic and Special Responsibility Allowances by the same percentage as the equivalent negotiated APT&C pay award for officers in 2009.  SSDC will shortly join the County-wide Remuneration Panel.

(11)   To agree the continuation of Council Procedure Rule 40(B) - Appointment of substitute Members at meetings of Committees.

(12)   To confirm the Council’s annual meetings timetable as attached at Appendix B.

(Voting: 34 in favour, 1 against, 2 abstentions)

The Chief Executive, following a consultative meeting by the Area West Committee (Informative) on 18^th May 2022, made the following decision;

That £12,000 be allocated from Area West Reserves towards a Refreshed Sustrans Feasibility Study.

Reason: To consider allocating funding towards a Refreshed Sustrans Feasibility Study focussing on re-routing a section of the Stop Line Way Route 33 long distance, coast to coast, multi-use walking and cycling route south-east of Chard.

The Chief Executive, following a consultative meeting by the Area West Committee (Informative) on 18^th May 2022, made the following decision;

That a grant of £12,500 be awarded to Ark (Acts of Random Kindness) towards installing a new indoor activity centre, to be allocated from the Area West capital programme and subject to SSDC standard conditions for community grants (Appendix A) and any planning permission that may be applicable.

Reason:         

The Chief Executive, following a consultative meeting by the Area East Committee (Informal) on the 18 May 2022, made the following decision;

That planning application 21/01054/DPO is Refused, in-line with the officers recommendation

Reason:

The Section 106 Agreement still serves a useful purpose to help secure the viability of the Red Lion Inn. The proposed variation/modification of the Section 106 Agreement would be detrimental to the long-term viability and future of The Red Lion Inn, resulting in a significant or total loss of the premises currently used as a public house that contributes towards the sustainability of the village of Babcary. In addition, the proposed development would not provide employment opportunities appropriate to the scale of the settlement, would not create or enhance community facilities and services to serve the settlement, or meet an identified housing need (particularly affordable housing), nor would it increase the sustainability of the settlement. As such the proposed development would be contrary to Policies SD1, SS2 and EP15 of the South Somerset Local Plan and relevant guidance in the National Planning Policy Framework (2021).

The Chief Executive, following a consultative meeting by the Area East Committee (Informal) on the 18 May 2022, made the following decision;

That planning application 21/01053/OUT is Refused, in-line with the officers recommendation

Reason:

01. The implementation of the proposed development would be detrimental to the long-term viability and future of The Red Lion Inn, resulting in a significant or total loss of the premises currently used as a public house that contributes towards the sustainability of the village of Babcary. In addition, the proposed development would not provide employment opportunities appropriate to the scale of the settlement, would not create or enhance community facilities and services to serve the settlement, or meet an identified housing need (particularly affordable housing), nor would it increase the sustainability of the settlement. As such the proposed development would be contrary to Policies SD1, SS2 and EP15 of the South Somerset Local Plan and relevant guidance in the National Planning Policy Framework (2021).

02. The proposed development would neither preserve nor enhance the character and appearance of the Listed Building and its setting and would cause less than substantial harm to the significance of the designated heritage asset. As such, the proposal conflicts with Section 66 of the Planning (Listed Building and Conservation Areas) Act 1990 and, in the absence of any public benefits that would outweigh such harm, is contrary to Policies EQ2 and EQ3 of the South Somerset Local Plan 2006-2028 and Chapter 16 of the National Planning Policy Framework (2021), in particular paragraphs 197, 199 and 202.

03. The proposed development would involve the loss of a significant number of parking and turning spaces currently used in association with the Red Lion Inn public house. In the absence of any approved alternative on-site parking and turning spaces for customers and staff, the loss of the existing car park area to accommodate the proposed development would result in an increase in on-street parking, thereby increasing the dangers to highway safety and public safety to an unacceptable degree. As such, the proposal is contrary to Policies TA5 and TA6 of the South Somerset Local Plan 2006- 2028 and relevant guidance within the National Planning Policy Framework (2021).

04. The application site falls within the catchment area flowing into the Somerset Levels and Moors Ramsar, designated as a Special Protection Area (SPA) and a Site of Special Scientific Interest (SSSI) for its rare aquatic invertebrates. Any new housing, including single dwellings, will result in an increase in phosphates contained within foul water discharge, resulting in changes to environmental conditions for these species. As the designated site is in 'unfavourable' condition, any increase, including from single dwellings, is seen as significant, either alone or in combination with other developments. There is currently no means of strategic mitigation relating to phosphates, and no site specific measures have been proposed. In the absence of any other mechanism by which mitigation could be secured, granting outline planning permission would be contrary to the Conservation of Habitats and Species Regulations 2017 and The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019. It is considered that the development would have a likely adverse effect on the integrity of the Ramsar site due to the additional discharge of nutrients, and absence of mitigation.

As such the proposal is considered contrary to paragraph 180 (a) of the National Planning Policy Framework, which states that planning decisions permission should be refused if significant harm to biodiversity cannot be avoided, mitigated, or as a last resort, compensated for, and Policy EQ4 (Biodiversity) of the South Somerset Local Plan.

The Chief Executive, following a consultative meeting by the Area East Committee (Informal) on the 18 May 2022, made the following decision;

That planning application 21/01052/LBC is Refused, in-line with the officers recommendation

Reason:

The proposed development would neither preserve nor enhance the character and appearance of the Listed Building and its setting and would cause less than substantial harm to the significance of the designated heritage asset. As such, the proposal conflicts with Section 16 of the Planning (Listed Building and Conservation Areas) Act 1990 and is contrary to Policy EQ3 of the South Somerset Local Plan 2006-2028 and Chapter 16 of the National Planning Policy Framework (2021), in particular paragraphs 197, 199 and 202.

The Chief Executive, following a consultative meeting by the Regulation Committee on 17^th May 2022, made the following decision;

That Planning Application 21/03369/REMbe APPROVED as per the officer recommendation, subject to the amendment to condition 10 to include the word ‘carport’ and reference to retain as carports

Reason:

01.       The principle of development has been established by the previous grant of outline approval, together with the means of access from Woodhayes Way. The proposed design, appearance, scale, layout and landscaping of the development would result in no significant adverse impact on the character and visual amenities of the area, and would cause no demonstrable harm to the landscape, residential amenity, highway safety, flood risk or biodiversity interests. Accordingly, the proposed scheme is considered to accord with Policies SD1, SS1, SS2, EQ1, EQ2, EQ4, EQ7, TA4, TA5 and TA6 of the South Somerset Local Plan and relevant guidance within the NPPF.

The Chief Executive, following a consultative meeting by the Area West Committee (Informative) on 18^th May 2022, made the following decision;

To continue SSDC contribution to the core funding of the Blackdown Hills AONB Partnership of £6,000 in 2022/23.

Reason: To continue the SSDC contribution to the core funding of the Blackdown Hills AONB Partnership in 2022/23.

The Chief Executive, following a consultative meeting by the Area East Committee (Informal) on the 18 May 2022, made the following decision;

That planning application 21/01051/FUL is Refused, in-line with the officers recommendation

Reason:

01.  The implementation of the proposed development would be detrimental to the long-term viability and future of The Red Lion Inn, resulting in a significant or total loss of the premises currently used as a public house that contributes towards the sustainability of the village of Babcary. In addition, the proposed development would not provide employment opportunities appropriate to the scale of the settlement, would not create or enhance community facilities and services to serve the settlement, or meet an identified

housing need (particularly affordable housing), nor would it increase the sustainability of the settlement. As such the proposed development would be contrary to Policies SD1, SS2 and EP15 of the South Somerset Local Plan and relevant guidance in the National Planning Policy Framework (2021).

02.  The proposed development would neither preserve nor enhance the character and

appearance of the Listed Building and its setting and would cause less than substantial harm to the significance of the designated heritage asset. As such, the proposal conflicts with Section 66 of the Planning (Listed Building and Conservation Areas) Act 1990 and, in the absence of any public benefits that would outweigh such harm, is contrary to Policy EQ3 of the South Somerset Local Plan 2006-2028 and Chapter 16 of the National Planning Policy Framework (2021), in particular paragraphs 197, 199 and 202.

03.  The proposed creation of the new vehicular access and relocated car park and the

resultant removal of stone walling, would neither conserve nor enhance the character and appearance of the locality, by reason of the further erosion of an historic, rural street scene, and as such would be contrary to the aims and provisions of Policy EQ2 of the South Somerset Local Plan 2006-2028 and relevant guidance within the National Planning Policy Framework (2021).

04.  The siting and vehicular use of the proposed car park at the northern part of the site, in such close proximity to neighbouring dwellings, would result in a form of development that would cause unacceptable detriment to the amenities currently enjoyed by the residents of those dwellings and, as such, would be contrary to Policies EQ2 and EQ7 of the South Somerset Local Plan 2006-2028.