Meeting documents

SSDC Area North Committee
Wednesday, 17th December, 2014 1.30 pm

Minutes:

The Area Lead Planning Officer introduced the application to Members and drew their attention to the following updates:-

·         Concern had been raised by a local veterinarian practice that dogs in their kennels could be considered a nuisance, however, Environmental Health officers said this could be resolved and so did not amount to an objection.

·         4 further representations from local residents including one from a planning consultant regarding boundary treatment and the difference in levels at the site.

The Area Lead Planning Officer advised that although the stone boundary wall to the site was in a poor state of repair, it would fall under the Party Wall Act.  Similarly, the 2m close boarded fence proposed for the Southern boundary would also fall under the Party Wall Act.  It was also proposed to add a condition to remove the permitted development rights in the garden area of Plot 7 to protect the privacy of the neighbouring property and he mentioned minor amendments to Condition 3 to reflect updated plans received. 

The Committee were then addressed by Mr A Bunn, Ms S Burton and Mrs M Palmer in objection to the application.  Their comments included:-

·         A close boarded fence was not a long term solution to overlooking issues.

·         Could the hours of working during development be restricted?

·         Although no building was to be sited behind Southview, future owners may apply for planning permission therefore permitted development rights should be removed from this area. 

·         Clarification on the grading levels of part of the site were sought.

·         The party walls bounding the site should be made safe before development commenced.

·         It was inappropriate to plant trees which could in the future undermine the boundary walls.

The Committee were also addressed by Mr M Frost, Agent for the applicant.  He stated that the principle of development was already established and they had worked hard to provide a development acceptable to the neighbours, which included the removal of one dwelling and a garage and a change to boundary treatments to maintain privacy.  He said his clients could repoint and make safe the boundary wall prior to commencement of work and asked that this be made a condition of approval rather than refuse or defer the application. 

One of the Ward Councillors, Pauline Clarke, advised that the site had been a major issue for some years and the principle of development was welcome.  However, the neighbour concerns must be addressed by conditions relating to working hours during the development and the stabilisation of the boundary wall beforehand.  She also questioned how the access gate be only used to maintain the wooden fence.   

In response to questions from Members, the Area Lead Planning Officer advised that:-

·         The hours of operation during development and drainage from the site were part of the conditions of approval of the outline planning permission. 

·         Amended drawings had been submitted which showed the different levels to be graded down at the South East of the site.

·         If requested, then a condition could be included to stabilise, repair and safeguard the retained site boundary walls.

·         The proposed landscaping was garden planting and there was no reason to assume they would be allowed to overgrow and affect the boundary wall.

During discussion of the application, Members agreed that the boundary walls should be repaired by the developer and the permitted development rights removed from the garden and garages on plot 7.  With this agreed, it was proposed and seconded to approve the application, and, on being put to the vote, this was carried (voting: unanimous in favour)

RESOLVED:

That planning application 14/04354/REM be APPROVED as per the officer recommendation with the following amended conditions.

Justification

The proposed dwellings are of an appropriate scale and appearance with layout and landscaping that would safeguard the setting of the listed building and the amenities and character of area without detriment to 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.          Prior to the commencement 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)     a sample panel, to be prepared for inspection on site, to show the mortar mix and coursing of the external walls;

c)     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;

d)     details of all hardstanding and boundary treatments

e)     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 and setting of the listed building in accordance with saved policies ST5, ST6 and EH5 of the South Somerset Local Plan.

02.          The landscape planting shown on the drawings hereby approved as amended by the revised boundary treatments drawing 3429/PL/031 C received 09/12/14 shall be carried out in the first planting season following the commencement of the development hereby approved. . For a period of five years after the completion of the planting scheme, the trees and shrubs shall be protected and maintained in a healthy weed free condition to the satisfaction of The Local Planning Authority and any trees or shrubs that cease to grow shall be replaced by trees or shrubs of similar size and species, or the appropriate trees or shrubs as may be approved in writing by the Local Planning Authority.

Reason:   In the interests of visual amenity in accordance with saved policies ST5 and ST6 of the South Somerset Local Plan.

03.          The development hereby permitted shall be carried out generally in accordance with the following approved plans (except where directed otherwise by the conditions above):

·                     3429/010 B – Plot 1 – Plans, Section and Elevations

·                     3429/011 A – Plot 2 – Plans, Section and Elevations

·                     3429/012 B – Plots 3 & 4 – Plans, Section and Elevations

·                     3429/013 B – Plot 5 – Plans, Section and Elevations

·                     3429/014 B – Plots 6 & 7 – Plans, Section and Elevations

·                     3429/015 A – Plot 8 – Plans, Section and Elevations

·                     3429/016 A – Plot 9 – Plans, Section and Elevations

·                     3429/017 A – Plot 10 – Plans, Section and Elevations

·                     3429/018 B – Plot 11 – Plans, Section and Elevations

·                     3429/019 A – Garage Types – Plans and Elevations

·                    3429/020 C – Proposed Street Scenes

·                     3429/021 A – Proposed Site Section

·                     3429/PL/030 E – Proposed Site Plan

·                     3429/PL/031 C – Proposed Boundary Treatment

·                     3429/PL/034 C – Proposed Levels

·                     6009/1c – Soft Landscaping Scheme

Reason:  To clarify the development hereby approved as the proposal has been amended.

4.      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no garden buildings, structures or other enclosures, including fences, other than those shown on the drawings hereby approved, shall be undertaken or constructed within the garden of  the dwelling identified as Plot 7.

Reason: In the interests of visual and residential amenity in accordance with saved policies ST5 and ST6 of the South Somerset Local Plan.

5.        No development hereby approved shall be commenced until such time as a scheme to stabilise, repair and safeguard the retained site boundary walls, as indicated on drawing 3429/PL/031 C, has been submitted to and approved in writing by the local planning authority. Once approved such scheme shall be fully implemented as part to the development hereby approved and wall shall be maintained at all times thereafter.

Reason: In the interests of visual and residential amenity in accordance with saved policies ST5 and ST6 of the South Somerset Local Plan.

Informative

The approval of these reserved matters maybe take as confirmation that condition 11 (levels) of the outline permission dated 29/08/014, ref. 12/01501/OUT has been discharged through the agreement of the above drawings.

(Voting: unanimous in favour)

Supporting documents: