Meeting documents

SSDC Area North Committee
Wednesday, 27th August, 2014 2.00 pm

  • Meeting of Area North Committee, Wednesday 27th August 2014 2.00 pm (Item 63.)

Minutes:

Application proposal: Demolition of various structures, erection of 7 no. 2 bedroom houses, refurbishment of existing premises along West Street to create 6 retail units and  change of use and extension of various 1st floor residential and business accommodation to 7 flats (6 no. 2-beds and 1 no.1-bed).

The Area Lead presented the application as detailed in the agenda. He had no updates apart from to say the Section 106 agreement was largely complete and ready to be signed if the application was approved.

He noted that concerns had been raised about some of the garage doors on the development opening onto Pesters Lane and the Highway Authority had been specifically asked to comment on the matter, but they had not raised any objections or issues. Concerns made regarding delivery parking for the shops were acknowledged, but it was noted the issue was no different to the current situation or for other premises nearby. Members were advised that representations made raising concerns regarding parking were not shared by the Highway Authority. It was noted that ecology issues had delayed the application being determined as buildings had been required to be resurveyed since the previous application.

Mr C Wilson addressed members on behalf of Somerton Town Council, and commented they felt some of the comments made by the town council had been ignored. They were of the opinion garages opening onto Pesters Lane would be dangerous as there would be poor visibility onto and along the lane. It was suggested that some of the dwellings should be rotated to enable garage doors to open onto Wessex Mews.

Ms P Short and Ms J Hurley spoke in objection to the application and raised several points including:

·         Rejuvenation of derelict shops on West Street was welcomed but parking, deliveries and waste collection needed to be carefully considered and should be via Pesters Lane and not West Street.

·         Bats needed to be protected with future plans for them ensured, and request that a tree remains on the site

Mr J Sneddon, agent, noted the previous application on the site for a care home and flats was met with much opposition from the Somerton community. This proposed scheme tried to accommodate many of the previous concerns, and he clarified that each shop had provision for waste. He noted the shops were there already and could refurbished and re-opened without the need for planning consent. A scheme, as suggested by the town council, had been submitted to the Highway Authority but they had did not liked it. He considered there was ample parking for the development for what would be a net gain of 12 dwellings, and it was felt the proposal had accommodated bat concerns.

Ward member, Councillor David Norris, referred to an email received from the applicant, which he read out to members, which expressed disappointment that the application was going to committee. He explained that he had asked for the application to go to committee as it was a major development for Somerton and he felt the community would not understand it was decided under delegated powers. He felt this proposal was a vast improvement on the previous one and would like to see it approved. He acknowledged concerns about the garages and agreed there would be a benefit to turning some of the dwellings 90°.

Ward member, Councillor Pauline Clarke, agreed that the site was currently a mess and would benefit from refurbishment, and was happy that many concerns raised by the community had been incorporated into the proposal. However she expressed concern about deliveries to the shops as they were near a pedestrian crossing and queried if there was any way to enforce the use of Wessex Mews. She was concerned about the garage doors and commented that drivers reversing out onto Peters Lane was a worry. She agreed with her fellow ward member that if the dwellings/garages were turned 90° she would be content.

In response to comments made, the Area Lead clarified that:

·         Wessex mews would be an adopted highway and therefore available for deliveries but there was scope for conflict with parked cars etc.

·         Regarding suggestions of turning some of the dwellings 90° - the Highway Authority did not like it as it would create less visibility for people travelling along Pesters Lane. It would also change the street scene which would be a material consideration requiring deferral of the application and re-consultation.

During the ensuing discussion various comments were raised including:

·         Could anything be done in the future if highway safety became an issue?

·         People by habit often drive into garages, rather than reverse, so visibility will be an issue.

·         On other applications across the district the Highway Authority had often specifically requested that vehicles be reversed into garages or onto driveways.

·         Space will be tight and people will probably have to reverse into the garages anyway.

·         Feel this is a good scheme and in all probability waste and deliveries for the West Street premises could be made from the rear.

·         Somerton needs to retain its small independent shops and many issues will be down to the applicant to resolve.

·         Good scheme but concerned that one of the buildings appears to have a higher roofline and will be visible from West Street.

·         Agree that it would be good if a tree could be retained, and some planting was needed.

·         Garages may not be necessary and in sustainability terms shouldn’t be required.

In response to comments made during discussion, the Area Lead clarified that:

·         The requirement of a Traffic Regulation Order (TRO) could not be conditioned as the outcome of applying for a TRO is unknown. The best that could probably be done was to ask for an S.106 contribution towards the cost of a TRO.

·         Some of the ridges are higher but looking from West Street is unlikely to be visible due to the narrowness of the street.

·         No accident records have been mentioned.

·         A condition had not been suggested for landscaping as not felt necessary, but one could be added if members wished.

·         A pavement alongside the development in Pesters Lane was planned to be at least 2 metres wide and should provide adequate visibility.

·         There could be two additional conditions – one for landscaping (condition 15) and another (condition 16) for detail of garage doors to be agreed and should not include doors that open over the pavement to Pesters Lane.

It was proposed to approve the application as per the officer recommendation and subject to the two additional conditions as suggest by the Area Lead. On being put to the vote the proposal was carried 8 in favour, 1 against and 1 abstention.

RESOLVED:

That planning application 13/03663/FUL be APPROVED. as per the officer recommendation, subject to two additional conditions (numbers 15 and 16) and the following:

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:-

1)    Provide for a contribution of £49,489.79 (or £4,165.39 per dwelling) towards the increased demand for outdoor playing space, sport and recreation facilities to the satisfaction of the Assistant Director (Wellbeing).

2)    Provide for a S106 monitoring based on 20% of the outline planning application fee.

b)    The following conditions:

Justification:

Notwithstanding local concerns it is considered that the proposal would make good use of this town centre site, with an appropriate mix of retail premises, 14 modest residential units and associated parking. Any highways impact would not be severe and character and appearance of the conservation area would be preserved and enhanced without detriment to ecology, drainage or residential amenity. 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.

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 (except where directed otherwise by other conditions attached to this permission):

P100 P2; P113 P3; SK53 P1; E110 P3; E112 P3; E111 P3; E113 P3; E114 P2; SK52 P1; P110 P4; P111 P3; P112 P3; S100 P2; S101 P1; C102; C101

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

03.       No development hereby approved shall be carried out until particulars of following have been 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.

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 saved policies EH1, ST5 and ST6 of the South Somerset Local Plan.

04.       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 policy EH12 of the South Somerset Local Plan.

05.       The development hereby permitted shall not be commenced (including any demolition or site clearance) until there has been submitted to and approved in writing by the Local Planning Authority, full details of a bat mitigation plan.  The works shall be implemented in accordance with the approved details and timing of the mitigation plan, 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.

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.

06.       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 1st March and 31st 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 Policy EC8 of the adopted South Somerset Local Plan.

07.       No development hereby approved shall be commenced out until surface water drainage details, including calculations, have been submitted to and approved in writing by the local planning authority. Such details shall incorporate sustainable drainage techniques where appropriate and shall include measures to prevent surface water from private properties draining onto the public highway. Once approved such details shall be fully implemented prior to the occupation of any of the units and shall be maintained in good working order at all times thereafter.

Reason:   To ensure that the development is adequately drained in accordance with saved policy EU4 of the South Somerset local Plan.

08.       The development hereby permitted shall not commence unless a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall include construction operation hours, construction vehicular routes to and from site, construction delivery hours, car parking for contractors and specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice. Once approved the development shall be carried out in accordance with the approved Construction Management Plan.

Reason: To safeguard the amenities of the locality in accordance with accord with Policy EP6 of the South Somerset Local Plan.

09.       The proposed access shall be constructed in accordance with details shown on the submitted plan, drawing number 286620 P4 and shall be available for use before any work commences on the dwellings hereby approved.  Once constructed the access shall be maintained thereafter in that condition at all times.

Reason: In the interests of highways safety in accordance with accord with Policy ST5 of the South Somerset Local Plan.

10.       Before any dwelling hereby permitted is first occupied, a footway shall be constructed over the Pesters Lane frontage of the site as shown generally in accordance with drawing number 286620 P4 and to a specification approved in writing by the Local Planning Authority prior to commencement of any work on the site.

Reason: In the interests of highways safety in accordance with accord with Policy ST5 of the South Somerset Local Plan.

11.       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, motorcycle and cycle 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 visual amenity and highways safety in accordance with accord with Policy ST5 of the South Somerset Local Plan.

12.       The area allocated for parking and turning on the submitted plan, drawing number 286620 P4, shall be kept clear of obstruction and shall not be used other than for parking and turning of vehicles in connection with the development hereby permitted.

Reason   To ensure that the development is served by sufficient parking to meet future residents needs in accordance with the Somerset Parking Strategy (2012).

13.       There shall be no obstruction to visibility greater than 300 millimetres above adjoining road level within the splay areas having co-ordinates of 2.4m by 33m on each side of the junction of the proposed estate road with Pesters Lane.  Such visibility splays 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 highways safety in accordance with saved Policy ST5 of the South Somerset Local Plan.

14.       All the recommendations of the Travel Plan by Transport Planning Associates dated September 2013 submitted with the application shall be implemented in accordance with the timetable therein. Thereafter the development shall operate the Approved Travel Plan or any variation of the Travel Plan agreed in writing by the Local Planning Authority.

Reason:  In the interests of sustainable development in accordance with saved Policy TP2 of the South Somerset Local Plan.

Additional conditions for:

15.      Landscaping within the mews

16.    Detail of garage doors to be agreed. This should not include doors that open over the pavement to Pesters Lane.

Informative:

01.       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.

(Voting: 8 in favour, 1 against, 1 abstention)

Supporting documents: