Meeting documents

SSDC Area West Committee
Wednesday, 21st January, 2015 5.30 pm

  • Meeting of Area West Committee, Wednesday 21st January 2015 5.30 pm (Item 144.)

Minutes:

Application proposal: Alterations and conversion of redundant mill site to residential to include 23 No. converted to residential units and 22 No. new build dwellings (total 45 No. residential units), demolition of factory buildings including portions of listed buildings and altered vehicular access to Tail Mill Lane.

The Planning Officer with the aid of slides and photographs summarised the details of the application as set in the agenda report.  She informed members that a meeting had been held with local residents regarding the access and it had been agreed that a bollard would be placed at the north end of Tail Mill Lane which the residents felt was an appropriate solution.

In updating the report, the Planning Officer confirmed that the Conservation Manager was content with the amended plans subject to conditions. She proposed a number of amendments to the recommendation outlined in the report as follows:

·         The design conditions to be collated into one large condition;

·         An additional condition to cover phasing of the development;

·         Condition 28 to be amended to include the installation of a bollard;

·         Condition 33 to be amended to read prior to occupation rather than commencement;

·         A S106 Agreement that secures a review mechanism of viability after 3 years.

The Planning Officer advised that an additional letter had been received from the Parish Council referring to the village plan and that additional houses should be supported.  They expressed concern that the application didn’t provide a S106 and requested that the application be deferred in order to consider the mix of housing. 

In response to questions, the Planning Officer clarified points of detail raised by members.  Members were informed of the following:

·         The lane was a private un-adopted road and was part of the Parrett Trail;

·         There was a limited bus service in the village.  There was a bus stop at Lower Street and residents would be able to walk to the stop from the site;

·         The bollard would be situated at the northern end of the lane and would not restrict cycling or walking;

·         The intention was for the bollard to be unlocked at certain times of the day;

·         The majority of  traffic would use the A356;

·         The replacement of the factory or affordable housing was not part of the mix in the 2008 application;

·         The agenda report only included a summary of the Environment Agency comments.  A more lengthy response was available on file;

·         S106 obligations were not part of the 2008 application;

·         Two parking spaces per unit would be provided;

·         The phasing condition would ensure that work would start on the listed building first.

The Committee was addressed by James Dore in support of the application.  He welcomed the application and commented that the site had fallen into disrepair.  He felt that the design was sympathetic with much of the site being retained.  Reference was made to the lane which was extremely narrow and support for the installation of a bollard to ensure safety. Although he supported the application, he referred to there being no infrastructure in place and that the site would just be a ‘housing ghetto’ and that the village had already lost a number of facilities including the chip shop and pub.   

The Applicant’s Agent, Lee Slade commented that the site was challenging and had a long planning history.  He further commented that the village was at risk of losing a key historic building if work didn’t start soon.  The applicant was looking to start work on the site in the current year.  He felt that the scheme reflected what the community required and that consultation had been undertaken with the stakeholders of Tail Mill.  With regard to phasing, he confirmed that conversion of the warehouse building would be first followed by the new build.

Ward Member, Cllr. Paul Maxwell referred to the history of the site and the many attempts to bring a scheme forward.  He felt that the scheme used the existing mill buildings very sympathetically and also provided a high quality new build element.    He was of the opinion that the bollard would be safer for children getting on the bus and would stop any ‘rat run’.  He welcomed the retention of the verge and the proposed landscaping and felt that phasing of the development was really important.  He expressed support for the application and the Planning Officer’s amended recommendation.      

During the ensuing discussion, members supported the application and made the following comments:

·         Support was expressed for a S106 Agreement that secures a review mechanism of viability after 3 years;

·         It was suggested that any gain made should be spent within Merriott.

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

·         A Section 106 Agreement that secures a review mechanism of viability after 3 years.  The wording to be agreed in consultation with the Planning Officer and Ward member;

·         An additional condition to cover phasing of the development;

·         The design conditions to be collated into one condition;

·         The installation of a bollard to be included in condition 28;

·         Condition 33 to be amended to read prior to occupation rather than commencement;

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

RESOLVED:

That Planning Application 14/04200/FUL be APPROVED

01.       The proposed conversions and residential development by reason of their 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 highway safety or the amenity of adjoining residents. The application has satisfactorily dealt with the flooding issues at the site. Furthermore the proposal will secure the re-use of important redundant listed and historic buildings. Suitable mitigation will be provided for ecological interests. The scheme is therefore in accord with saved policies ST3, ST4, ST5, ST6, ST10, EC3, EC8, EH1, EH2, EH3, EH4, EH5, EP5, EU4, EU6, HG4, CR2, CR3 and CR9 of the South Somerset Local Plan 2006 and the Core planning Principles and Chapters 4, 6, 7, 10, 11 and 12 of the NPPF.

 

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.       The development hereby permitted shall be carried out in accordance with the approved plans as detailed on the Document Issue Register 007 received 16 December 2014 and Drawing No.'s 001 and 002 from LvW Highways dated 08.08.2014.

           

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

 

03.       No dwelling shall be occupied unless those buildings that are not identified for retention have been wholly removed from the site, in accordance with a scheme that shall have first been submitted to and approved in writing by the Local Planning Authority. 

                       

                        Reason: To safeguard the character and appearance of the area and safeguard amenity and to accord with policies ST5 and ST6 of the South Somerset Local Plan 2006.

 

04.       No development approved by this permission shall be commenced until a detailed scheme for improved flood conveyance under the Tail Mill Lane (to the north west of the development site) has been submitted to and approved in writing by the Local Planning Authority.

           

            Reason: The proposals for the development on the western side of the site depend on this to reduce flood levels in the vicinity and ensure the development is safe.

 

05.       Floor levels shall be set at least 300mm above the relevant 1 in 100 year including climate change flood level, as given in Table 4.2 of the Flood Risk Assessment from SLR Consulting Limited dated December 2007, reference 405.01592.00002. 

           

            Reason: To protect the development from flooding in accordance with Chapter 10 of the NPPF.

 

06.       No development approved by this permission shall be commenced until a scheme for flood resilience in the design and construction of the development has been submitted to and approved in writing by the Local Planning Authority. (The detailed scheme must include flood resilience in the construction of buildings and the design of site contours/landscaping. For example, the flood flow path through the development site and drainage channel/cut-off trench along the western perimeter proposed in section 5.3 of the SLR FRA.)

           

            Reason: To reduce the impact of any flooding on the development in accordance with Chapter 10 of the NPPF.

 

07.       No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works, including pollution prevention measures, has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall utilise Sustainable Drainage Principles and shall not result in an increase in the rate &/or volume of surface water discharge to the local land drainage system. The drainage works shall be completed in accordance with the details and timetable agreed.

           

            Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water management and to prevent pollution of the local water environment in accordance with Chapter 10 of the NPPF.

 

08.       Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), a scheme to deal with the risks associated with contamination of the site shall be submitted to and approved by the local planning authority. That scheme shall include all of the following elements unless specifically excluded, in writing, by the Local Planning Authority.

           

            1. A desk study identifying:

            -   all previous uses

            -   potential contaminants associated with those uses

            - a conceptual model of the site indicating sources,           pathways and receptors

            - potentially unacceptable risks arising from contamination at    the site

           

            2. A site investigation scheme, based on (1) to provide information for an assessment of the risk to all receptors that may be affected, including those off site.

           

            3. The results of the site investigation and risk assessment (2) and a method statement based on those results giving full details of the remediation measures required and how they are to be undertaken.

           

            4. A verification report on completion of the works set out in (3) confirming the remediation measures that have been undertaken in accordance with the method statement and setting out measures for maintenance, further monitoring and reporting.

           

            Any changes to these agreed elements require the express consent of the local planning authority.

           

            Reason: To prevent pollution of controlled waters in accordance with Chapter 10 of the NPPF.

 

09.       Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through trapped gullies with an overall capacity compatible with the site being drained.

           

            Reason: To prevent pollution of the water environment in accordance with Chapter 10 of the NPPF.

 

10.       The areas of rebuilding and demolition shall be restricted to that defined on the approved plans and shall not be enlarged without the prior express grant of Listed Building Consent.  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: In the interests of the special architectural and historic interests of the listed buildings and conservation area in accordance with Policies EH1, EH3 and EH5 of the South Somerset Local Plan 2006.

 

11.       All electrical 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 on the dwelling(s) 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. On (all) buildings satellite dishes shall be of dark coloured mesh unless fixed to a light coloured, rendered wall, in which case a white dish should be used.  Satellite dishes shall not be fixed to the street elevations of the buildings or to roofs.  All soil and waste plumbing shall be run internally and shall not be visible on the exterior unless otherwise agreed in writing by the local planning authority.

           

            Reason: In order to ensure that the development accords with the character of the conservation area in accordance with Policy ST6, EH1 and EH5 of the South Somerset Local Plan 2006.

 

12.       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.  The scheme of landscaping shall include details of the protection of trees and hedgerows alongside the access road, details of additional planting alongside the access road and details of the treatments of all boundaries (internal and external).

                       

                        Reason: In the interests of visual amenity and to accord with ST5, ST6 and EH1 of the South Somerset Local Plan 2006.

 

13.       No works shall commence unless a scheme for the management of the Mill Pond have been submitted to and approved in writing by the Local Planning Authority.  The scheme shall include details of clearance, restoration and planting together with an implementation programme.  The development shall thereafter be carried out in accordance with the approved scheme unless otherwise agreed in writing by the Local Planning Authority.

                       

                        Reason: In the interests of visual amenity and biodiversity and to accord with EH1, ST5 and ST6 of the South Somerset Local Plan 2006.

 

14.       No dwelling shall be occupied unless provision has been made for waste and recycling collection, details of which shall have been submitted to and approved in writing by the Local Planning Authority.  The provision shall be carried out fully in accordance with the approved details and permanently maintained unless otherwise agreed in writing by the Local Planning Authority.

                       

                        Reason: In the interests of amenity and to accord with ST6 of the South Somerset Local Plan 2006.

 

15.       No work shall commence on any new dwelling or conversion of existing buildings until the junction, bollards, access and footpath links have been carried out in accordance with a design and specification to be approved in writing by the Highway Authority and Local Planning Authority and to be fully implemented in accordance with the approved details, unless otherwise agreed in writing with the Local Planning Authority.  (The provision of these works will require a legal agreement and contact should be made with the Highway Authority well in advance of commencing the works so that the agreement is complete prior to starting the highway works.)

           

            Reason: In the interests of highway safety and in accordance with Policy ST5 of the South Somerset Local Plan (2006).

 

16.       The area allocated for parking on the submitted plan and shall be kept clear of obstruction at all times and shall not be used other than for the parking of vehicles in connection with the development hereby permitted.

           

            Reason: In the interests of highway safety and in accordance with Policy ST5 of the South Somerset Local Plan (2006).

 

17.       The proposed estate roads, footways, footpaths, tactile paving, 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, 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 highway safety and in accordance with Policy ST5 of the South Somerset Local Plan (2006).

 

18.       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 highway safety and in accordance with Policy ST5 of the South Somerset Local Plan (2006).

 

19.       In the interests of sustainable development none of the dwellings hereby permitted shall be occupied until a network of cycleway and footpath connections has been constructed within the development site in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority.

           

            Reason: In the interests of highway safety and in accordance with Policy ST5 of the South Somerset Local Plan (2006).

 

20.       Prior to the occupation of any of the dwellings hereby approved, a Travel Plan Statement is to be submitted to and approved in writing by the Local Planning Authority.  Such Travel Plan Statement should include soft and hard measures to promote sustainable travel as well as targets and safeguards by which to measure the success of the plan.  There should be a timetable for implementation of the measures and for the monitoring of travel habits.  The development shall not be occupied unless the agreed measures are being implemented in accordance with the agreed timetable.  The measures should continue to be implemented as long as any part of the development is occupied.

           

            Reason: In the interests of highway safety and in accordance with Policy ST5 of the South Somerset Local Plan (2006).

 

21.       No work shall commence on the development site until an appropriate right of discharge for surface water has been obtained before being submitted to and approved in writing by the Local Planning Authority.  A drainage scheme for the site showing details of gullies, connections, soakaways and means of attenuation on site 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: In the interests of highway safety and in accordance with Policy ST5 of the South Somerset Local Plan (2006).

 

22.       No development shall commence unless details of the proposed resurfacing and works to Tail Mill Lane (to include proposals for traffic calming and phasing of the works) have been submitted to and agreed in writing by the Local Planning Authority. The works shall be carried out strictly in accordance with the approved plan and phasing unless otherwise agreed in writing by the Local Planning Authority.

           

            Reason: In the interests of highway safety and residential amenity in accordance with Policies ST5 and ST6 of the South Somerset Local Plan (2006).

 

23.       No development shall commence unless a Construction Environmental Management Plan has been submitted to and approved in writing by the Local Planning Authority.  The works shall be carried out strictly in accordance with the approved plan.  The plan shall include:

           

            -  Pollution prevention measures

            -  Construction vehicle movements;

            -  Construction operation hours;

            -  Construction vehicular routes to and from site;

            -  Construction delivery hours;

            -  Expected number of construction vehicles per day;

            -  Car parking for contractors;

            -  Specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice;

            -  A scheme to encourage the use of Public Transport amongst contactors; and

            -  Measures to avoid traffic congestion impacting upon the Strategic Road Network.

           

            Reason: In the interests of preventing pollution and to protect residential amenity and highway safety and in accordance with Policies ST5 and ST6 of the South Somerset Local Plan (2006) and Chapter 10 of the NPPF.

 

24.       The development hereby permitted shall not be commenced until a scheme for the maintenance of Tail Mill Lane and any communal open space (including the historic chimney base and hydraulic accumulator) 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 Lane and the open space area shall thereafter be retained and maintained in complete accordance with the scheme.

           

                        Reason: In the interests of visual and residential amenity in accordance with Policy ST6 of the South Somerset Local Plan (2006).

 

25.       The works hereby approved shall be implemented in accordance with the measures and timing detailed in section 5 of the 'Bat Survey and Mitigation Strategy' (Ecological Planning & Research Ltd, December 2014), 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.

           

            Each phase of the development shall not be occupied until confirmation, by a Natural England licenced bat consultant, that compensatory bat roosting features have been provided in accordance with the Bat Mitigation Strategy and/or the requirements of any 'European Protected Species Mitigation Licence' issued by Natural England, has been submitted to and 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.

 

26.       Prior to the commencement of the development hereby permitted a Landscape and Ecological Management Plan (LEMP) shall be submitted to, and approved in writing to include:

            Measures for the control of Himalayan Balsam on the site.

            Management of vegetation in respect of compensation and enhancement provisions for bats.

            The approved plan will be implemented in accordance with the approved details.

           

            Reason: For the conservation and enhancement of biodiversity and bats in accordance with NPPF, and for the benefit of amenity.

 

27.       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 ensure appropriate recording and protection of any archaeological assets on the site in accordance with Policy EH12 of the South Somerset Local Plan (2006).

 

28.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order) no garage/outbuilding shall be erected on the application site without the express grant of planning permission in respect thereof.

                       

                        Reason: To safeguard the character and appearance of the area and to accord with ST5 and ST6 of the South Somerset Local Plan 2006.

 

29.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order with our without modifications) no fences, gates or walls other than those agreed as part of the landscaping plan (Condition 24) shall be erected on the site without the prior express grant of planning permission.

                                   

                        Reason:  To safeguard the character and appearance of the area and to accord with EH1, ST5 and ST6 of the South Somerset Local Plan.

           

 

30.       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 additional windows, including dormer windows, or other openings (including doors and vents) shall be formed in the buildings without the prior express grant of planning permission.

                                   

                        Reason:  To safeguard the character and appearance of the area and to accord with ST5, ST6 and EH1 of the South Somerset Local Plan 2006.

 

31.       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), there shall be no extensions to any of the dwellings (including enlargement/extension of roofs) without the prior express grant of planning permission.

                       

                        Reason: In the interests of neighbour and visual amenity and to accord with ST5 and ST6 of the South Somerset Local Plan 2006.

 

32.       No work shall be carried out on site unless the following matters have been submitted to and approved in writing by the Local Planning Authority. Such approved matters, once carried out shall not be altered without the prior written consent of the Local Planning Authority.

           

            i) Particulars of the materials (including the provision of samples where appropriate) to be used for external walls and roofs

           

            ii) Full details for the new natural stonework and repointing of existing walls, including the materials, coursing, bonding, coping details, pointing  mortar profile, colour, and texture along with a written detail of the mortar mix, supported with  sample panels to be made available on site and which shall remain available for inspection throughout the duration of the work.

           

            iii) Details of the design, materials, external finish and reveal depth for all new doors, windows, boarding and openings including detailed drawings and sections of at least 1:5 scale.

           

            iv) Design details of all roof eaves, verges and abutments, including detail drawings at a scale of 1:5, and details of all new cast metal guttering, down pipes, other rainwater goods, and external plumbing.

           

            v) Design details of the roof lights and dormer windows.

           

            vi) Details of the lintels to all new openings, including those in any new build, and the treatment the surrounds of the window (sills and reveal depths) and doorway openings.

           

            vii) Details of all new services to all bathrooms, kitchens etc., including details of routes of foul water and any ventilation or extraction.

           

            viii) Full details of all works, repairs or refurbishment or additional secondary glazing to the doors and windows of the existing listed buildings that are to be converted.

           

            ix) Details of upgrading to existing floors and walls to improve thermal and acoustic insulation and fire separation to the units.

           

            x) Details of the internal alterations, including detailed design, materials and finish for staircases, doors, ceiling, floor and wall finishes

           

            xi) The design, details and materials of the external works  including paving, railings, fences and bridge for all open areas on the site.

           

            xii) Design details of any alteration to any structural roof fabric. The works will only be undertaken in accordance with the agreed details, and if found to be impracticable will cease until an alternative has been agreed. Any intervention into historic fabric will be minimal with the introduction of additional timber or steel to the structure always being preferred to the replacement of timber.

           

            Reason: In the interests of the special architectural and historic interests of the listed buildings and conservation area in accordance with Policies EH1, EH3 and EH5 of the South Somerset Local Plan 2006.

 

33.       The development hereby permitted shall not be commenced until a programme showing the phasing of the development has been submitted to and approved by the Local Planning Authority.  Following such approval and commencement of the development hereby permitted the works comprised in the development shall not be carried out otherwise than in complete accordance with such approved programme or such other phasing programme as the Local Planning Authority may in writing subsequently approve.

                       

                        Reason: To ensure that the works hereby approved are completed and/or not left in a partially completed state for a protracted period detracting from the character and appearance of the listed building and conservation area in accordance with Policies EH1, EH3 and EH5 of the South Somerset Local Plan 2006.

 

Informatives:

 

01.       The applicant/developer is advised that the Local Planning Authority is prepared to deal with each building on a case by case basis when it comes to the discharge of relevant conditions.

 

02.       The applicant/developer's attention is drawn to the County Highway Authority's letter of 7 January 2014 with regard to the need for a Section 278 Agreement and various issues to do with the PROW.

 

03.       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.

 

            The guidance of an ecologist or 'ecological clerk of works' is likely to be necessary, including periodic attendance on site, in order to oversee sensitive operations, to ensure compliance with Bat Method Statements and Natural England Licence conditions and to ensure that the correct mitigation is being installed during construction.  It may be appropriate to include ecologically sensitive operations and mitigation in any Construction Environmental Management Plan.

 

04.       The applicant/developer's attention is drawn to the advice contained within the Environment Agency's letter of the 24 October 2014 that gives further explanation of their requirements in relation to the planning conditions.

 

05.       The Ecologist has requested that the lighting across the site be minimised. Where required, low level bollard lighting will be installed (e.g. in parking areas and courtyards). There should be no direct illumination of:

-           newly created bat roosting features within the new development buildings;

-           the known commuting route between Buildings 14 and 11;

-           vegetation around these new roosting features; and

-           vegetation which links the roosting features to wider boundary habitat.

 

(Voting: unanimous)

 

Supporting documents: