Meeting documents

SSDC Area West Committee
Wednesday, 20th August, 2014 5.30 pm

  • Meeting of Area West Committee, Wednesday 20th August 2014 5.30 pm (Item 61.)

Minutes:

The Area Lead West  updated members that the Environment Agency had raised no objections to the application and had recommended a number of conditions in relation to foul surface water, maintenance of drainage system, contaminated land and the provision of a construction management plan.  He also advised that the Highway Authority had raised no objections subject to conditions and were content with the visibility splays.  The Education Officer had not requested any obligations.  He recommended that completion of the S106 agreement should be in consultation with the Ward Members. 

The Area Lead West with the aid of slides and photographs summarised the details of the application as set out in the agenda report including the key considerations.  The Officer’s recommendation was for approval.

In response to questions, the Area Lead West clarified points of detail raised by Members which included the following:

·         Access via Shute Lake Lane would form a second means of access to the site in order to minimise the level of use from Weaver Close.  The property owners would also have these access rights;

·         The construction of the bridge would be included in one of the conditions recommended by the Highway Authority;

·         Lighting would be agreed in the dark areas given the nature of the site.

The Committee was addressed by Nicki Carpenter in support of the application.  She referred to the following issues:

·         The need for additional lighting at the rear access;

·         The need to ensure that development traffic does not conflict with existing traffic and parking;

·         Reference was made to the communal area and whether this would be maintained by a management company;

·         Suggested that consideration should be given to a one way system from the bridge.

The Applicant’s Agent, Kevin Newton commented that the application had been achieved by close working with SSDC, local residents and various consultees.  The building was dependant on HCA funding and if approved would make the development a reality.  Based upon consultation responses the application came very close to addressing all the issues.  He hoped that members would appreciate the amount of work undertaken and approve the application.

Ward Member, Cllr. John Dyke expressed his support for the application and appreciated the amount of work undertaken to achieve the application.  He hoped if approved, the possibility of relocating the bridge could be explored.

Ward Member, Cllr Angie Singleton also expressed her support for the application subject to an amendment to Condition 24 to include in consultation with the Ward Members.  She also recommended that Condition 14 be amended to including in consultation with the Ward Members.

During the ensuing discussion, members supported the views of the Ward Members.

It was proposed and seconded to approve the application as per the Planning Officer’s recommendation outlined in the agenda subject to the following:

·         Details of the S106 Agreement to be agreed in conjunction with the Ward Members;

·         An amendment to Condition 14 to include in consultation with the Ward Members;

·         An amendment to Condition 24 to include in consultation with the Ward Members;

·         An additional condition to agree external lighting;

·         An additional condition to agree internal signage;

·         Highway conditions to agree detail as necessary.  To be agreed by the Development Manager in conjunction with Highway Officer and Ward Member.

On being put to the vote the proposal was carried unanimously.

RESOLVED:

That Planning Application No 13/03278/FUL be approved as per the Planning Officer’s recommendation subject to amendments to Conditions 14 and 24 to include consultation with the Ward Members, plus additional conditions for external lighting and internal storage, and Highway conditions to agree detail as necessary.  To be agreed by the Development Manager in conjunction with Highway Officer and Ward Member and subject to the following:

Justification

01.       The proposed development by reason of its design, layout and appropriate reuse of listed buildings will preserve the character and appearance of the listed and historic buildings on site and the Conservation Area, would not adversely harm the amenity of adjoining residents and will secure the long term use of important redundant listed and historic buildings. Suitable mitigation will be provided for ecological interests, employment space will be provided and suitable provision shall be made for vehicle parking.  The scheme is therefore in accord with saved policies ST3, ST6, ST6, ST10, EC8, EH1, EH2, EH3, EH4, and EH5 of the South Somerset Local Plan and the Core planning Principles and Chapters 6,7 and 12 of the NPPF.

(a)      the prior completion of a Section 106 Planning obligation (in a form acceptable to the Council's solicitor before the decision notice granting planning permission is issued, to secure the £100,000 as outlined above. 

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.       No development shall take place until a scheme for the phasing of development on the site has been submitted to and agreed in writing by the Local Planning Authority. Once agreed, the phasing shall not be changed without the written consent of the Local Planning Authority.

Reason: To ensure that the listed buildings are repaired and converted as part of the construction of the new build dwellings.

03.       No development shall take place until the applicant, or their agents or successors in title, has implemented a programme of recording of any historic buildings to be demolished in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority. The scheme shall provide for a copy of all recording to be deposited with the Somerset Record Office within 12 months of the demolition of the last building.

Reason: To ensure that adequate recording of buildings to be  demolished has taken place.

04.       There shall be no internal works to building 1, the Bucking House, until further plans and justification are submitted and approved by the Local Planning Authority.

Reason: To protect the character and appearance of the building to accord with saved Policy EH3 of the South Somerset Local Plan.

05.       No work shall be carried out to each building, as numbered in the Heritage statement, and in relation to the new build, unless particulars of the materials (including the provision of samples where appropriate) to be used for external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Such particulars will include the detailed finish (rough sawn, hand tooled, etc.) Slate hooks shall not be used.

Reason: In the interests of the special architectural and historic interests of the listed buildings to accord with saved policy EH3 of the South Somerset Local Plan and policy in the NPPF. 

06.       No work shall be carried out to each building, as numbered in the Heritage statement, and in relation to the new build unless full details of the boundary walls, including the materials, coursing, bonding and coping; mortar profile, colour, and texture along with a written detail of the mortar mix, have been be provided in writing and supported with a sample panel to be provided at a time to be agreed in writing. Note: on sloping sites, the top of the wall should run with the slope of the land and not be stepped.

Reason: In the interests of the special architectural and historic interests of the listed buildings to accord with saved policy EH3 of the South Somerset Local Plan and policy in the NPPF. 

07.       No work shall be carried out to each building, including the bridge, as numbered in the Heritage statement, and in relation to the new build, until details of the new natural stonework/brickwork walls, including the materials, coursing, bonding; mortar profile, colour, and texture along with a written detail of the mortar mix, have been be provided in writing and supported with a sample panel to be provided at a time to be agreed in writing.

Reason: in the interests of the special architectural and historic interests of the listed building

08.       No work shall be carried out to each building, as numbered in the Heritage statement, and in relation to the new build unless details of the design, materials and external finish for all new doors, windows, boarding and openings have been submitted to and approved in writing by the Local Planning Authority. This will include detailed drawings including sections of at least 1:5 Such approved details, once carried out shall not be altered without the prior written consent of the Local Planning Authority.

Reason:  To safeguard the character of the listed building in accordance with policy EH3 of the South Somerset Local Plan (Adopted April 2006).

09.       The windows comprised in the development hereby permitted shall be recessed in accordance with details to be submitted to and approved in writing with the Local Planning Authority before any work on the development hereby permitted is commenced.

Reason: The windows comprised in the development hereby permitted shall be recessed in accordance with details to be submitted to and approved in writing with the Local Planning Authority before any work on the development hereby permitted is commenced.

10.       The area(s) of rebuilding shall be restricted to that defined on the approved plan(s) and shall not be enlarged without the prior express grant of planning permission.  In the event that completion strictly in accordance with such approved plans shall become impracticable for whatever reason, work shall thereupon cease and only be re-commenced if and when consent has been obtained in regard to an amended scheme of works which renders completion of the scheme practicable.

Reason: To protect the character and appearance of the Listed buildings to accord with saved policy EH3 of the South Somerset Local Plan and the policy of the NPPF.

11.       No work shall be carried out to each building, as numbered in the Heritage statement, and in relation to the new build, unless details of the roof lights have been submitted to and agreed in writing by the Local Planning Authority. Unless otherwise agreed in writing, the roof lights shall be top hung and flush with the roof covering. Such approved details once carried out shall not be altered without the prior written consent of the Local Planning Authority.

Reason: in the interests of the special architectural and historic interests of the listed building to accord with saved policy EH3 of the South Somerset Local Plan.

12.       All electrical, gas and telephone services to the development shall be run underground.  All service intakes to the dwelling(s) shall be run internally and not visible on the exterior.  All meter cupboards and gas boxes shall be positioned in accordance with details, which shall have been previously submitted to and approved in writing by the local planning authority and thereafter retained in such form.

Reason: In order to ensure that the development accords with the character of the area in accordance with saved Policy ST6 (EH1/EH5) of the South Somerset Local Plan as adopted 2006.

13.       The development hereby permitted shall not be commenced until a scheme for the maintenance of the communal open space shown on the submitted plan has been submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be implemented fully on the completion of that proportion of the total development specified in the scheme and the open space area shall thereafter be retained and maintained in complete accordance with the scheme.

Reason: To protect the setting of the listed buildings and Conservation Area to accord with saved policies EH1and EH5 of the South Somerset Local Plan.

14.       No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include protection of features to be retained (such as the retting pond); proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; refuse or other storage units, signs, street lighting etc., proposed and existing functional services above and below ground (eg. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.).

Reason: To protect the setting of the listed buildings and Conservation Area to accord with saved policy EH1 and EH5 of the South Somerset Local Plan.

15.       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), and for the conservation of a ‘priority species’ in accordance with NPPF.

16.       The development hereby permitted shall not be commenced until there has been submitted to, and approved in writing by the Local Planning Authority, a badger mitigation plan detailing measures for minimising disturbance and harm to badgers and enabling badgers continued access within their territory as appropriate for their welfare, and details of barrier fencing to minimise conflict between badgers and householders.  The works shall be implemented in accordance with the approved details and timing of the plan, unless otherwise approved in writing by the local planning authority.

Reason: For the conservation and protection 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 Protection of Badgers Act 1992.

17.       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 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.

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.

18.       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 involving detailed building recording and intrusive archaeological investigations in accordance with a written scheme of investigation, which has been submitted by the applicant and approved by the local planning authority.

Reason; To ensure that any archaeology found on site is properly recorded to accord with the NPPF.

19.       No development shall take place a site investigation report carried out by a competent person to include a desk study, site walkover, and the production of a 'conceptual site model' (CSM) has been submitted to the Local Planning Authority. The CSM will need to consider risks to human health and the environment.

Reason: In the interests of environmental health to accord with the NPPF.

20.       An 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 shall be submitted to the Local Planning Authority.  The report should refine and revise the CSM created in condition 1 (above) and include a detailed quantitative human health and environmental risk assessment. The report should state whether the site is 'fit for purpose' or whether remediation will be required. If the report suggests remediation is required, a remediation scheme detailing how the remediation will be undertaken, what methods will be used and what is to be achieved must be submitted. 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 as being remediated and fit for purpose.

Reason: In the interests of environmental health to accord with the NPPF.

21.       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 shall be submitted to and approved in writing by the Local Planning Authority.  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: In the interests of environmental health to accord with the NPPF.

22.       In the event that any signs of pollution such as poor plant growth, odour, staining of the soil, unusual colouration or soil conditions, or even actual remains from the past industrial use, are found in the soil at any time when carrying out the approved development it must be reported in writing within 14 days to the Local Planning Authority. The LPA will then consider if the findings have any impact upon the development and development must be halted on that part of the site and if the Local Planning Authority considers is necessary then an assessment of the site must be undertaken in accordance with BS10175. Where remediation is deemed necessary by the LPA a remediation scheme must be submitted to and approved in writing by the Local Planning Authority and then implemented in accordance with the submitted details.

Reason: To protect the health of future occupiers of the site from any possible effects of contaminated land, in accordance with Local Planning Policy.

23.       The development hereby permitted shall not begin until a scheme to deal with the management and/or safe disposal of asbestos and asbestos containing materials has been submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of, where necessary, an asbestos identification survey by a qualified contractor, measures to be adopted to protect human health and the preferred asbestos disposal route, unless the Local Planning Authority dispenses with any such requirement specifically in writing.

Reason: To protect the health of site workers and future occupiers of the site, in accordance with Local Planning Policy.

24.       No development shall commence on site until a Construction Management Plan has been submitted to and agreed in writing by the Local Planning Authority. Such a plan shall include details of construction work hours, construction delivery hours, the routing of construction vehicles to and from the site, the location of the constructor's compound both for the parking of construction and contractor's vehicles and storage of materials, and the methods/practices for minimising the level of dirt and mud being brought onto the public highway and a scheme to ensure the local roads are cleaned on a regular basis.    

Reason: To protect the amenity of local residents during construction and to ensure the local highway network is maintained in safe and clean condition.   

25.       The development hereby approved shall be carried out in accordance with the following approved plans:

Drawing numbers:2012/COXLEY/02/01B, 01.1C, 01.2C, 02C, 02A, 10C, 11C, 12A,17A,19 B, 20C, 21A, 22C, 24A, 25B, CON13A, CON14 .

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

26.       The development hereby permitted shall not be commenced until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of the development, as well as details of any changes proposed in existing ground levels; all planting, seeding, turfing or earth moulding comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the occupation of the building or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five 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 gives written consent to any variation.

Reason: In the interests of the amenity of the area to accord with saved Policy ST5 of the South Somerset Local Plan.

27.       Before the development hereby permitted is commenced, foul and surface water drainage details to serve the development, shall be submitted to and approved in writing by the Local Planning Authority and such approved drainage details shall be completed and become fully operational before the development hereby permitted is first brought into use.  Following its installation such approved scheme shall be permanently retained and maintained thereafter.

Reason: To ensure that the scheme is properly drained to accord with the NPPF.

28.  No external lighting shall be installed within the application site unless details of the lighting has been submitted to and approved in writing by the LPA.

Reason: To protect the amenities of the area to accord with saved policies ST5 and ST6 of the South Somerset Local Plan. 

29.  Before any of the dwellings hereby approved shall be first occupied, details of internal site signage shall be submitted to and approved in writing by the LPA. Once agreed, the signage shall be installed before the occupation of any of the dwellings.

Reason: In the interests of highway safety and residential amenity to accord with Saved Policy ST5 and ST6 of the South Somerset Local Plan.   

30.   The proposed estate roads, footways, footpaths, cycleways, 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, street furniture and tactile paving shall be constructed, laid out and maintained 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, method of construction and proposals for future maintenance shall be submitted to the Local Planning Authority.

Reason: In the interests of highway safety and residential amenity to accord with Saved Policy ST5 and ST6 of the South Somerset Local Plan.   

Informatives:

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.  However, the information required for the Natural England licence application will often also be suitable for submission to the Council when applying for discharge of the relevant condition.

(Voting: unanimous)

Supporting documents: