Meeting documents

Cllr Tim Inglefield left the meeting prior to consideration of the subsequent planning applications.

The Area Lead East presented the planning application as detailed in full in the agenda. The application had previously been deferred due to the presence of newts on the site, the Ecologist was now happy that the mitigation strategy addressed that issue. The Landscape Officer was content and considered that, if the application was approved, a more detailed scheme could be arranged at the reserved matters stage.  

The officer advised that since writing his report the wording of Condition 14 had been amended in order to ensure clarity; comments from the Parish Council had been received confirming that they still stood by their objections and a letter had also been received from a local resident about previously raised issues.

With the aid of a power point presentation, photos of the site were shown which included the active part of the quarry and ponds that were inhabited by greater crested newts.

The Area Lead East concluded that although the proposal had generated a lot of opposition, it had also generated a lot of support.  It was considered that up to 42 houses would be financially viable and was a reasonable level of development for a single site in Keinton Mandeville plus the S106 obligation to include additional land for school use and the village green.  His recommendation was therefore to approve the application.

Mr B O’Hara, Chairman of Keinton Mandeville PC, (had taken no part in the discussion at the PC meeting) addressed the committee in opposition to the application and the suggested benefits that it could bring.  He felt that 42 dwellings was too large a number, the local roads would not be able to cope with the extra traffic generated by the application and Highway officers were not listening to local people; the land was not free draining and if approved that issue would need rectifying. He also asked members to note that some of the letters in support of the application were from people who did not live in the parish.

Mr A Lines, Mr Thomas, and Mrs B Samson all raised objections to the application as they were concerned about the impact of additional traffic and the lack of public transport, they questioned the necessity of low cost housing in Keinton Mandeville.  The scheme would increase the number of dwellings in the village by 10%.

Mrs A Rood, Mr N Wild and Mrs S Cook all spoke in support of the application which they considered would be a huge benefit to the community and local school. HGV’s currently using the quarry caused dust and noise, there was the possibility that if the quarry remained it could expand, meaning more large vehicles would use the site; any extra vehicles from the proposed dwellings would not cause as much disruption. The moving of the pre-school would also be of benefit to the village.

Mr C Miller the agent for the application asked members to support the officer’s recommendation which would provide community benefit and did have a lot of public support.

Ward Member Cllr John Calvert was concerned that the village was divided in its opinion, he could see the benefits to the school but was concerned about the proposed new exit on to Queen Street, he did not think the proposed mitigation scheme would be the complete answer; a 10%increase in dwellings in the village was a sizeable amount.

In response the Area Lead East asked members to consider the balance between the harm and the level of benefits the development would bring.  The position of the site was where it was, there was nowhere else in the village where a development of this size could be accommodated that would bring the same level of benefit to the community. Less than 10 dwellings would mean that the affordable housing element would not be triggered but would also mean no S106 obligation.

In response to the chairman asking if there were any misstatements made by a councillor or officer during the presentation, a member of the public felt that the slide showing the proposed mitigation scheme was misleading; visibility round the bend in the road would be impaired. He understood that if the application was refused, permission would be required to quarry for any remaining stone in the quarry.

In response, the Area Lead East confirmed that no further permission was required should the quarry owner seek to exploit the aggregate stone remaining in the quarry.

The agent also confirmed that the applicant did not have to carry out traffic calming measures but had agreed to do this as he considered that local people had asked for it, but work would not be carried out if it was not wanted.  He also reminded the committee that the quarry had extant permission to operate until 2042.

During discussion one member voiced his opinion that there was a worry within the community about the number of cars the proposal would bring but the alternative would be an increase in HGV movements.  There was a short discussion regarding employment use and restricting uses falling within B1.

The Area Lead East explained that on page 102 of the agenda report the S106 should include item 5 reference to the delivery of £75,000 towards pre-school provision which had been offered over and above policy.

A proposal was made and seconded to approve the application as per the officer’s recommendation plus 2 additional conditions and 2 additional informatives:

·         The employment use hereby permitted shall be restricted to uses falling within the B1 use class only.

·         The residential component of the development hereby permitted shall not exceed 42 dwellings.

Plus additional informatives:-

·         The details to be submitted for reserved matters approval in relation to the employment use on the site shall include noise mitigation measures to ensure that any impacts are sufficiently mitigated.

·         The details to be submitted in relation to conditions 8 and 9 should be informed by discussions with the Parish Council to ensure local concerns are addressed where possible.

On being put to the vote the motion was carried 7 votes in favour and 1 abstention.

RESOLVED: That Planning Application 14/01333/OUT be approved as per the officers recommendation with an additional S106 obligation:

a)         The prior completion of a section 106 agreement (in a form acceptable to the Council's solicitor(s)) before the decision notice granting planning permission is issued to ensure that:-

1.    At least 35% of the dwellings are delivered as affordable housing to the satisfaction of the Council’s Strategic Housing Manager.

2.    A contribution of £5,036 per dwelling is provided for to mitigate the impact of the development on sports, arts and leisure facilities to the satisfaction of the Assistant Director (Wellbeing).

3.    Provision is made for the delivery, and subsequent management in perpetuity, of the additional land for school use, allotments, the village green and recreational land, including any items of archaeological interest to the satisfaction of the development manager.

4.    Provision is made for an education contribution of £12,257 per primary school place as requested by the County education authority.

5.    £75,000 is provided towards pre-school provision to the satisfaction of the Development Manager (trigger point to be agreed with ward member)

Justification

It is considered that the benefits of the development in terms of the delivery of a variety of housing types and community benefits, along with the cessation of the potentially disruptive quarrying activities, outweigh any limited landscape and visual harm arising from the development of the site. The proposal would not have a severe impact on highways safety or a significant impact on ecology, drainage, residential amenity and provision has been made for the reasonable and necessary planning obligations to address the identified impacts on infrastructure.  As such the proposal complies with the saved policies of the South Somerset Local Plan and the policies contained within the National Planning Policy Framework and is in general accordance with the direct of policy in the Emerging South Somerton local Plan.

CONDITIONS

01.       Details of the appearance, landscaping, layout and scale (herein after called the "reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

Reason:  As required by Section 92(2) of the Town and Country Planning Act 1990.

02.       Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development shall begin not later than 3 years from the date of this permission or not later than 2 years from the approval of the last "reserved matters" to be approved.

Reason: As required by Section 92(2) of the Town and Country Planning Act 1990.

03     The residential component of development hereby approved shall comprise no more than 42 dwellings and shall be carried out generally in accordance with the layout indicated on the revised master plan no. 403 (00) 03H dated 20/06/14.

Reason:  To ensure that the development is commensurate with the scale of the settlement and with the agreed mitigation measures in accordance with saved policies HG7, CR3, ST5 and ST10 of the South Somerset Local Plan (2006).

04.       Prior to the submission of any application for the approval of the reserved matters in relation to the self-build houses, a Design Code setting out the parameters for the scale, appearance and palette of materials shall be submitted to and approved in writing by the Local Planning Authority. This shall then be used as the basis for all submissions of applications for approval of reserved matters for these houses.

Reason:           To ensure a high quality form of development in accordance with saved policies ST5 and ST6 of the South Somerset Local Plan (2006).

05.       No development shall take place until detailed plans have been submitted to and approved in writing by the Local Planning Authority (in conjunction with the local highway authority) relating to:-

1.   Line, level and layout of the access road junction (as shown generally in accordance with submitted plan 403 (00) 04 Rev A and

2.   Off-site highway works as shown on (but not limited to) Queen Street as shown generally in accordance with Figure 21 page 33 Lvw Transport Assessment, including its means of construction and surface water drainage.

The approved access road junction and off site highway works shall be laid out and constructed in accordance with the requirements of a Section 278 Agreement under the provisions of the Highway Act 1980 prior to the occupation of any unit hereby approved.

 

Reason:   In the interests of highways safety in accordance with saved policy ST5 of the South Somerset local Plan (2006).

 

06.       The proposed estate roads, footways, footpaths, tactile paving, cycle ways, bus stops/bus lay-bys, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, vehicle overhang margins, embankments, visibility splays, accesses, carriageway gradients, drive gradients, car parking and street furniture shall be constructed and laid out in accordance with details to be approved by the Local Planning Authority in writing before their construction begins.  For this purpose, plans and sections, indicating as appropriate, the design, layout, levels, gradients, materials and method of construction shall be submitted to the Local Planning Authority.

 

Reason:   In the interests of highways safety in accordance with saved policy ST5 of the South Somerset local Plan (2006).

 

07.       The proposed roads, including footpaths and turning spaces where applicable, shall be constructed in such a manner as to ensure that each dwelling before it is occupied shall be served by a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway.

 

Reason:   In the interests of highways safety and the amenities of future occupiers in accordance with saved policies ST5 and ST6 of the South Somerset local Plan (2006).

 

08.       Prior to the commencement of the development, a framework for the preparation of a Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The framework shall set out the proposed contents of the plan, in accordance with best practice. Within one year of the first occupation of the buildings hereby approved, a Travel Plan shall be submitted to, and approved in writing by the Local Planning Authority. The plan shall include measurable outputs and arrangements for appropriate monitoring and enforcement.

 

Reason:  In the interests of sustainable development in accordance with saved policy TP2 of the South Somerset local Plan (2006).

 

09.       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, 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, temporary pedestrian and cycle links and a condition survey of the existing public highway along with measures to remedy any damage to the highway occurring as a result of this development to the satisfaction of the Highway Authority once all works have been completed on site. The development shall be carried out strictly in accordance with the approved Construction Management Plan.

 

Reason:   In the interests of highways safety and the amenities of local residents in accordance with saved policies ST5 and EP6 of the South Somerset local Plan (2006).

 

10.       Before the new development is first brought into use, the pick-up/set down arrangements and parking areas for the existing school (as shown generally in accordance with the submitted plans) use shall be laid out, constructed and drained in accordance with a detailed scheme to be submitted and approved in writing by the Local Planning Authority.

 

Reason:   In the interests of highways safety in accordance with saved policy ST5 of the South Somerset local Plan (2006).

11.       No development hereby approved shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the local planning authority.

Reason:   To safeguard the archaeological potential of the site in accordance with saved policy EH12 of the South Somerset local Plan (2006).

12.       The development hereby permitted shall not be commenced (including any ground works or site clearance outside of the current area of quarrying) until a survey to determine presence/absence of slow worms, plus if present, a mitigation plan or method statement detailing measures to avoid harm to slow worms, 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 saved policy EC8 of the South Somerset Local Plan (2006), and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended).

13.       No removal of vegetation that may be used by nesting birds (trees, shrubs, hedges, bramble, ivy or other climbing plants) nor works to or demolition of buildings or structures that may be used by nesting birds, shall be carried out between 1^st March and 31^st August inclusive in any year, unless previously checked by a competent person for the presence of nesting birds.  If nests are encountered, the nests and eggs or birds, must not be disturbed until all young have left the nest.

Reason: To avoid disturbance to nesting birds thereby ensuring compliance with the Wildlife and Countryside Act 1981, as amended by the CROW Act 2000, and in accordance with saved Policy EC8 of the adopted South Somerset Local Plan (2006).

14.       The development hereby permitted shall not be commenced (including any ground works or site clearance outside of the current area of quarrying) until a survey to determine the value of the site to invertebrates along with a method statement detailing measures to avoid harm to any protected species of invertebrate found to be present, has been submitted to and approved in writing by the local planning authority.  The development 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 saved policy EC8 of the South Somerset Local Plan (2006), and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended).

15.       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:

1. 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.

2. 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.

3. 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 on-going monitoring should also be outlined.

4. 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.

5. 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 saved policy EP1 of the South Somerset Local Plan (2006).

16.       No development shall commence until a surface water drainage schemefor the site, based on the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

 Reason - To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the surface water drainage system in accordance with saved policy EU4 of the South Somerset Local Plan (2006).

17.       No development approved by this permission shall be occupied or brought into use until a scheme for the future responsibility and maintenance of the surface water drainage system has been submitted to and approved by the Local Planning Authority. The approved drainage works shall be completed and maintained in accordance with the details and timetable agreed.

Reason – To ensure adequate adoption and maintenance and therefore better working and longer lifetime of surface water drainage schemes in accordance with saved policy EP1 of the South Somerset Local Plan (2006).

18.       The development hereby permitted shall not be commenced (including site clearance) until there has been submitted to and approved in writing by the Local Planning Authority, full details of a great crested newt mitigation plan and method statement.  The works shall be implemented in accordance with the approved details and timing of the mitigation plan and method statement, as modified to meet the requirements of any ‘European Protected Species Mitigation Licence’ issued by Natural England, unless otherwise approved in writing by the local planning authority.

Further great crested newt surveys undertaken between March and June and using methods and survey effort to enable population class size assessment to be confirmed shall be submitted with any full or reserved matters application.

Reason: For the conservation and protection of species of biodiversity importance in accordance with NPPF, and of legally protected species 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.

19.       The employment use hereby permitted shall be restricted to uses falling within the B1 use class only.

Reason – In the interests of the amenities of the locality in accordance with saved policies ST5 and ST6 of the South Somerset Local Plan

20.   The residential component of the development hereby permitted shall not exceed 42 dwellings.

Reason – To ensure that the level of development is commensurate with the agreed obligations and the benefits cited in support of the development.

Informative

1.            You are reminded of the contents of the Environment Agency’s letter of 22/04/14, a copy of with is available on the Council’s website under the application reference number.

2.            You are reminded at before this development can commence, a European Protected Species Mitigation Licence (under The Conservation (Natural Habitats, &c.) Regulations 2010) will be required from Natural England.  You will need to liaise with your ecological consultant for advice and assistance on the application for this licence.  Natural England will normally only accept applications for such a licence after full planning permission has been granted and all relevant (protected species)  conditions have been discharged. 

3.         The details to be submitted for reserved matters approval in relation to the employment use on the site shall include noise mitigation measures to ensure that any impacts are sufficiently mitigated.

4.         The details to be submitted in relation to conditions 8 and 9 should be informed by discussions with the Parish Council to ensure local concerns are addressed where possible.

(Voting: 7 in favour: 1 abstention)