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 62.)

Minutes:

The Planning Officer with the aid of slides and photographs summarised the details of the application as set out in the agenda report including the key considerations.    He updated members that two further letters had been received regarding the public right of way access.  The Planning Officer’s recommendation was to approve the application. 

In response to questions, the Planning Officer clarified points of detail raised by Members of the Committee.  Members were informed that seeking access to the proposed site through the Public Right of Way used by two other properties would be a civil matter for the applicant to resolve.

The Committee was addressed by Maria Payne in objection to the application.  She referred to the following concerns:

·         The application was outside of the development area;

·         Planning policies should not be ignored;

·         If approved, the application could set a dangerous precedent;

·         Increase in vehicle traffic;

·         Impact of closing and diverting the footpath.

The Ward Member, Cllr. Paul Maxwell referred to the site being outside of the development area and was an example of ‘back garden development’.  He felt that the access was tricky and that the development if approved would set a precedent.  He was unable to support the application.

During the ensuing discussion, some members expressed their support for the application and felt that the natural development limit of Merriott was along the right of way and one more dwelling would not alter the character of the area; and that every application should be considered on its own merits.

The Area Lead West commented that the Development Area was becoming increasingly out of date and referred to a number of applications being approved in Area East.  He commented that Merriott was considered to have a reasonable level of services.  He considered the built form to be acceptable. The application was for outline permission only with reserved matters being considered at a later date.  He referred to the issue of the application setting a precedent and advised members that each application should be considered on its own merits.

It was proposed and seconded to approve the application as per the Planning Officer’s recommendation.  On being put to the vote the proposal was carried 7 in favour, 4 against and 1 abstention.

As the consultation period for publicity in relation to the adjacent public right of way does not expire until the 28th of August 2014, it was recommended that the Planning Manager be granted delegated powers to approve this application unless substantive additional representations to refuse the application are received.

RESOLVED:

That Planning Application No. 14/02863/OUT be APPROVED as per the Planning Officer’s recommendation for the following reason:

01.       Notwithstanding the location of the site outside defined development limits, by virtue of its close physical relationship to existing built form and easy walking distance to nearby services it is considered to meet the aims of sustainable development as set out within the NPPF. For the reasons set out above, the development raises no substantive landscape, visual or residential amenity concerns and is not considered to be prejudicial to highway safety, in accordance with Policies ST5, ST6 and EC3 of the South Somerset Local Plan, and the aims and objectives of the NPPF.

SUBJECT TO THE FOLLOWING:

01.       Approval of the details of the access, layout, scale, appearance and landscaping of the site (hereinafter called 'the reserved matters') shall be obtained from the Local Planning Authority in writing before any development is commenced. Application for approval of the reserved matters shall be made to the Local Planning Authority not later than the expiration of three years from the date of this permission. The development hereby permitted shall be begun, not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.  

Reason: In accordance with the provisions of S92 (2) Town and Country Planning Act1990 (as amended by S51 (2) Planning and Compulsory Purchase Act 2004).  

02.       The development hereby permitted shall be carried out in accordance with the following approved plans: Unnumbered site location plan date stamped 7th July 2014.

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

03.       Notwithstanding that the 'reserved matters' which include the layout, the development hereby approved shall be limited to one dwelling.

Reason: In the interests of the visual amenity and landscape character of the area, in accordance with Policy ST5 of the South Somerset Local Plan.

04.       No works shall be carried out unless particulars of the following have been submitted to and approved in writing by the Local Planning Authority;

a)         particulars of the materials (including the provision of samples where appropriate) to be used for all external walls, roofs and chimneys;

b)         particulars of all boundary treatments and hard surfacing materials. Such details shall include the use of porous materials to the parking and turning areas;

Reason: In the interest of visual amenity to accord with Policy ST6 of the South Somerset Local Plan.

05.       Concurrently with the submission of the reserved matters, details of a proposed soft landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority.

(i)         The approved landscaping/planting scheme shall be carried out and completed within the first available planting season from the date of commencement of the development.

(ii)        For a period of five years after the completion of the landscaping scheme, the trees and shrubs shall be protected and maintained in a healthy weed free condition and any trees or shrubs that cease to grow, shall be replaced by trees or shrubs of similar size and species or other appropriate trees or shrubs as may be approved in writing by the Local Planning Authority.

Reason: To ensure that the proposed development makes a satisfactory contribution to the preservation and enhancement of the local character and distinctiveness of the area in accordance with Saved Policy ST5 of the South Somerset Local Plan adopted April 2006.

06.       Concurrently with the submission of the "reserved matters" for the construction of the proposed dwelling, details of the off- street parking and turning facilities shall be submitted to and approved by the Local Planning Authority. The dwelling hereby permitted shall not be occupied until the vehicular parking facilities have been provided and made available for use in accordance with the approved details. These facilities shall be maintained available for those purposes thereafter

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

07.       No work shall commence on the development site a drainage scheme for the site including an appropriate right of discharge of surface water, details of gullies, connections, soakaways, means of attenuation on site and drainage measures to prevent the discharge of water onto the highway shall be submitted to and approved in writing by the Local Planning Authority.  The drainage works shall be carried out in accordance with the approved details, unless otherwise agreed in writing with the Local Planning Authority.

Reason: The local planning authority wish to ensure that satisfactory drainage is provided to serve the proposed development so as to avoid environmental, amenity or public health problems in compliance with Saved Policies ST5, EU3 and EU4 of the South Somerset Local Plan adopted April 2006.

Informatives:

01.       The applicant is advised that the grant of planning permission does not give vehicular access rights over the public right of way for construction or occupation of the dwelling. The applicant is further advised that access rights must be resolved through the relevant statutory process prior to construction of the dwelling hereby approved.

02.       If the work involved in carrying out this proposed development would

-      make a PROW less convenient for continued public use (or)

-      create a hazard to users of a PROW

then a temporary closure order will be necessary and a suitable alternative route must be provided. A temporary closure can be obtained from Sarah Hooper on (01823) 483069.

(Voting: 7 in favour, 4 against, 1 abstention)

Supporting documents: