Meeting documents

Application Proposal: Application for the approval for the remaining reserved matters (appearance, landscaping, layout and sale) of outline planning approval 12/03277/OUT (Mixed use development comprising up to 75 dwellings B1a, b and c employment, D1 multi-purpose community building and associated development)

 

The Lead Planning Officer (North/East) presented his report to members with the aid of a PowerPoint presentation which included photographs of the site and proposed plans. He explained that was a planning application to seek all reserved matters, except the access as this had already been approved at outline stage.

 

He advised members that the applicant had agreed to make financial contributions towards a new community hall which would be located outside the application site. He further advised members that the scheme had been amended several times to reflect the views of the community.

 

He highlighted that the properties would either be 1 or 2 stories high and that there would be an access strip between the existing properties and the proposed dwellings to allow access to the boundary walls adjoining the existing properties.

 

He advised members that he had received no objections from SCC Highways department and that he had now received an up to date list of plans from the applicant, dated 28^th March 2017, which would be included within condition 2 should an approval be given.

 

Martin Batchelor, representing the Parish Council, addressed the members. He informed members that he had concerns that an application to amend the section 106 agreement could be submitted if approval was given, which could reduce the contributions which the applicant had previously agreed. He hoped that no amendments to the s106 would be agreed. He further advised that he had concerns that the road would not be adopted by SCC Highways and that access to the employment units would be dangerous as it would go through the housing estate.

 

Nicholas Broomhead spoke in objection to the application. He explained that he was the director of Blackmore Vale Close Management Limited.  He pointed out that he had concerns over the maintenance of the boundary walls to the existing properties.

 

Ian Jewson, the agent, spoke in support of the application. He explained that the scheme had been amended to reflect the views of the pre-application advice which he had received and the views of the local residents, to include bungalows and to re-design the open space. He advised that affordable homes, employment opportunities, playing field and public open spaces would be provided as well as on off-site contribution to a community hall.

 

Councillor William Wallace, Ward Member, explained that he was concerned that the roads within the proposed development may not be adopted by the highways authority and also raised concern that the developers may apply to withdraw from the contributions which had been agreed in the s106 agreement. He questioned whether a planning bond agreement could be applied to ensure that the roads are adopted and to protect the contributions which have been agreed.

 

The Lead Planning Officer confirmed that the applicant intended to ensure that the roads were adopted by the highways authority and thought it unlikely that the removal of on-site contributions would be approved.

 

The applicant, Mr Ian Jewson, confirmed that it was intention that the roads were to be adopted and also pointed out that the housing association may insist that the roads are adopted on the estate.

 

During the discussion, concern was raised over the access to the employment units which was through the proposed estate and it was suggested that this could be dangerous, however the Lead Planning Officer advised that the access had already been approved and that the highways authority had raised no objection.

 

It was proposed that the application be approved, subject to a planning bond agreement to ensure that the roads are adopted and an affordable housing clause to ensure that affordable homes on the site would be offered to local people first; however this was not seconded and the discussions continued.

 

During the discussion, it was suggested that informative 4 should be removed and a replacement informative be included to remind the applicant that the s106 agreement entered into, at outline stage, still applies to this application.

 

It was further suggested that an additional condition be included to require an agreement of management and maintenance of the access strip around Blackmore Vale Close and The Hamlet to include protective measures during construction and an appropriate survey of the existing condition of the wall prior to commencing works on site.

 

It was proposed that the application be deferred to enable the Lead Planning Officer to investigate whether a planning bond agreement could be applied to the approval, however this was not seconded and no vote was taken.

 

It was proposed and seconded that the planning application be approved, subject to an amendment to condition 1 to include the plans list received in 28^th March, an amendment to condition 8 to include the wording ‘all roads to an adoptable standard’, an additional condition 11 to ensure an agreement of management and maintenance of the access strip and a replacement informative 4 to highlight the s106 agreement which applies to this application.

 

On being put to the vote, this was carried 6 votes in favour, 3 against with 1 abstention.

 

RESOLVED:  that planning application 16/04551/REM be approved as per the agenda report, subject to amendments to conditions 1 to include the plans list received in 28^th March, an amendment to condition 8 to include the wording ‘all roads to an adoptable standard’, an additional condition 11 to require agreement of management and maintenance of the access strip around Blackmore Vale Close and The Hamlet and a replacement informative 4 to highlight the s106 agreement which applies to this application.

 

For the following reason:

 

01.         The proposal is of a satisfactory layout, appearance, scale and landscaping that would have no adverse impacts on visual or residential amenity, ecology, flood risk, highways safety, heritage assets or landscape character. As such the proposal complies with the policies of the South Somerset Local Plan 2006-2028.

 

Subject to the following conditions;

 

01.       Except as required by other conditions attached to this approval, the development hereby permitted shall not be carried out otherwise than in complete accordance with the  plans specified by the drawing issues registers dated 28/03/17.

                                                                                                           

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

 

02.       Prior to the construction of each dwelling hereby approved particulars of following shall be submitted to and approved in writing by the Local Planning Authority;

           

a.         details of materials (including the provision of samples where appropriate) to be used for the external walls and roofs;

b.         details of the recessing, materials and finish (including the provision of samples where appropriate) to be used for all new windows (including any rooflights) and doors;

            c.         details of all hardstanding and boundaries

d.         details of the rainwater goods and eaves and fascia details and treatment.

                       

            Such details shall be generally in accordance with the material schedule submitted in support of the application. Once approved such details shall be fully implemented unless agreed otherwise in writing by the Local Planning Authority.

                       

            Reason: To safeguard the character and appearance of the area in accordance with policy EQ2 of the South Somerset Local Plan 2006-2028.

 

03.       All planting, seeding or turfing comprised in the Landscaping Proposals as shown on drawing numbers 800/01A; 800-02A and 800-03A shall be carried out in the first planting and seeding seasons following the occupation of the dwellings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 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 give written approval to any variation.

           

            Reason:   In the interests of visual amenity in accordance with policy EQ2 of the South Somerset Local Plan 2006-2028.

 

04.       Prior to the commencement of the dwellings hereby approved details of measures for the enhancement of biodiversity, which shall include the provision of bat, swallow and swift boxes and a time scale for delivery of all such measures, shall be submitted to and approved in writing by the Local Planning Authority.  The biodiversity enhancement measures shall be implemented in accordance with the approved details unless otherwise approved in writing by the local planning authority.

           

            Reason: For the conservation and protection of species of biodiversity importance in accordance with policy EQ4 of the South Somerset local Plan 2006-2028.

 

05.       Prior to the occupation of any dwelling a scheme of external lighting shall be submitted to and approved in writing by the local planning authority. Once approved such scheme shall be fully implemented in accordance with the submitted details and not altered without the prior written agreement of the local planning authority.

 

            Reason: To safeguard the character of the locality in accordance with policy EQ2 of the South Somerset local Plan 2006-2028.

 

06.       Any entrance gates erected shall be hung to open inwards, shall be set back a minimum distance of 5.0m from the carriageway edge and shall thereafter be maintained in that condition at all times.

           

            Reason: In the interests of highways safety in accordance with Policy TA5 of the South Somerset Local Plan 2006-2028

 

07.       Provision shall be made within each plot 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 any occupation and thereafter maintained at all times.

           

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

 

08.       The proposed estate roads, footways, footpaths, tactile paving, 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, motorcycle and cycle parking areas, 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 of all roads to an adoptable standard shall be submitted to the Local Planning Authority.

           

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

 

09.       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 in accordance with Policy TA5 of the South Somerset Local Plan 2006-2028.

 

10.       Unless agreed otherwise in writing by the local planning authority no dwelling hereby permitted shall be occupied until such time as fencing has been erected around the school playing field in accordance with details to have been submitted to and approved in writing by the local planning authority.

           

            Reason: To safeguard the character of the locality in accordance with policy EQ2 of the South Somerset local Plan 2006-2028

 

11.       Prior to the commencement of the development hereby approved details of the management and maintenance of the access strip to the retaining structure around Blackmore Vale Close and The Hamlet shall be submitted to and agreed in writing by the local planning authority. such details shall include protection measures to be implemented during the construction phase, including a survey of the existing condition of the retaining structure(s). Once approved such details shall be fully implement prior the occupation of the new houses that back onto that part of Blackmore Vale Close and The Hamlet and shall be maintained at all times thereafter.

                       

Reason: In the interests of the amenities of existing residents in accordance with policy EQ2 of the South Somerset Local Plan 2006-2028.

 

NOTES:

 

01.       Slow worms have been observed in the vicinity of the site and are likely to be present around the edges.  Unless a reptile specific survey indicates absence, then mitigation measures for this species will need to be included in respect of condition 13 of the outline consent (ref. 12/03277/OUT).

 

02.         The applicant will be required to enter into a suitable legal agreement with the Highway Authority to secure the construction of the highway works necessary as part of this development. Please ensure that an advisory note is attached requesting that the developer contact the Highway Authority to progress this agreement well in advance of commencement of development.

 

03.         A Condition Survey of the existing public highway should be carried out and agreed with the Highway Authority prior to any works commencing on site, and any damage to the highway occurring as a result of this development is to be remedied by the developer to the satisfaction of the Highway Authority once all works have been completed on site.

 

04.         You are reminded that the development of this site is subject to a Section 106 agreement entered into with the grant of the outline permission 12/03277/OUT.

 

(Voting: 6 votes in support, 3 against and 1 abstention)