Meeting documents

The Planning Officer presented the application which had been deferred at AEC on 10^th September 2014 for a members site visit, he gave an update from the Highway Authority in response to the submitted traffic speed data that had been collected during August 2014, who confirmed that it made no difference to their recommendation as the issue of drivers breaking the law due to speeding was for the police to action. The officer confirmed that this application remained as one for approval,

Mr R Keattch, Mr I Durrant and Mr R D’Arcy all spoke in objection to the application and made the following points some of which included:

·         Disappointed that a Highway Officer had not attended the site visit;

·         A new boundary hedge and footpath would be required if the application was approved;

·         The lane was unsuitable for the extra traffic the development would cause;

·         The ‘informal passing places’ were not for public use as they were private entrances;

·         Independent highway advice should be sought;

·         Raised concern regarding the Transport Statement as there had been a fatality in the vicinity and a recent near miss.  An increase in traffic would not help the situation at all.

The Chairman noted that the Ward Member was not in attendance.

In response to questions from Members the Area Lead East explained that the applicant did not need to provide a pavement; the footpath, which walkers currently used, could meet the required need.  In general Rights of Ways could not be laid with tarmac. The accesses to the new properties could be used as passing places and a condition could be included that they be kept clear of obstruction.  Would 3 extra dwellings make that much difference to the current use of the footpath?

A proposal was made and seconded to approve the application as per the officer’s recommendation plus 2 extra conditions to include: the entrance gates should be hung inwards and set back a minimum of 2 meters, and that there should be no vehicular access from the footpath to the rear of the site.  On being put to the vote the motion was carried by 6 votes in favour: 2 against and 1 abstention.

RESOLVED: That Planning Application 14/00479/FUL be approved as per the Officers recommendation:

The proposal, by reason of its size, design, materials and location, represents appropriate infills which is designed to respect the character of the area, causes no demonstrable harm to residential amenity and highway safety and does not foster growth in the need to travel in accordance with the aims and objectives of policies ST2 and ST6 of the South Somerset Local Plan (Adopted April 2006) and the NPPF.

SUBJECT TO THE FOLLOWING:

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: LO_10_002; 003 and 004; LO_13_002; 003 and 004; and LO_01_001 received 28 January 2014; and LO_01_007 RevC received 12 May 2014.

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

03.       No removal of bramble, scrub, hedges, trees or other vegetation shall commence until a Method Statement detailing precautionary measures to minimise the risk of harm to dormice, has been submitted to and approved in writing by the local planning authority.  The works shall be implemented in accordance with the approved details and timing of the Method Statement, unless otherwise approved in writing by the local planning authority.

            Reason: For the conservation and protection of legally protected species of recognised nature conservation importance in accordance with Policy EC8 of the South Somerset Local Plan, and to ensure compliance with the Wildlife and Countryside Act 1981 and The Habitats Regulations 2010.

04.       The development hereby permitted shall not be commenced (including any ground works or site clearance) until a mitigation plan or method statement detailing measures to avoid harm to reptiles, has been submitted to and approved in writing by the local planning authority.  The works shall be implemented in accordance with the approved details and timing of the mitigation plan / method statement, unless otherwise approved in writing by the local planning authority.

            Reason: For the protection of a legally protected species to accord with policy EC8 of the South Somerset Local Plan, and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended).

05.       No development shall take place before a detailed landscape proposal that should include prescriptions for hedge management at all boundaries and include heights to be maintained has been submitted to and agreed in writing by the LPA. Such details as shall be agreed shall be undertaken on site as part of the development hereby permitted.

            Reason: In the interests of character and appearance further to policy ST5 of the South Somerset Local Plan.

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 (in consultation with Somerset County Council). The plan shall include construction vehicle movements, construction operation hours, construction vehicular routes to and from site, all vehicles leaving the site are in such condition as not to emit dust or deposit mud, slurry or other debris on the highway. construction delivery hours, 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 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: In the interests of highway safety further to policy ST5 of the South Somerset Local Plan and the NPPF.

07.       Before the development, hereby permitted, is commenced a drainage scheme designed to avoid any increase in run off from the sites shall be submitted to and agreed in writing by the LPA. Such details as agreed shall be under taken as part of the development and thereafter retained.

            Reason: In the interests of highway safety further to policy ST5 of the South Somerset Local Plan and the NPPF.

08.       The areas allocated for parking and turning on the submitted plan shall be kept clear of obstruction at all times and shall not be used other than for parking and turning of vehicles in connection with the development hereby permitted.

            Reason: In the interests of highway safety further to policy ST5 of the South Somerset Local Plan and the NPPF.

09.       There shall be no obstruction to visibility greater than 900mm above adjoining road level forward of a line drawn 2.0m back and parallel to the nearside carriageway edge over the entire Devenish Lane site frontage.  Such visibility shall be fully provided before works commence on the development hereby permitted and shall thereafter be maintained at all times.

            Reason: In the interests of highway safety further to policy ST5 of the South Somerset Local Plan and the NPPF.

10.       Any entrance gates shall be hung to open inwards and set back a minimum distance of 2m from the highways at all times. No obstruction to vehicular movement shall be placed forward of the gates, or within 2m of the highway.

Reason – In the interests of highways safety in accordance with saved policy ST5 of the South Somerset Local Plan.

11.       There shall be no vehicular access to the dwellings hereby approved from the footpath to the rear (west) of the site.

Reason – In the interests of residential amenity in accordance with saved policy ST6 of the South Somerset Local Plan.

(Voting: 6 in favour: 2 against 1 abstention)