Meeting documents

SSDC Area West Committee
Wednesday, 15th April, 2015 6.00 pm

Minutes:

The Planning Officer introduced the report and with the aid of slides and photographs summarised the details of the application as set out in the agenda.  There were no updates to the report.  The key considerations were highway safety, visual impact and residential amenity.  The Planning Officer’s recommendation was for approval.

In response to questions from Members, the Planning Officer confirmed that:

·         The proposed access came out onto a 30 mph road;

·         The site had no lawful use as a builder’s yard and should therefore be given limited weight. Consideration should be given to the site at present;

·         An alternative access via Kinforde was not proposed and was not being suggested.  To introduce access for a 3rd dwelling would adversely affect the amenities of the two nearby properties;

·         No concerns had been raised by the County Highway Authority or the SSDC Highway Consultant over moving vehicles passing parked vehicles.

The Committee was addressed by Tony Prior representing Chard Town Council.  He commented that there were frequently parked cars along the road and that Chard Town Council objected to the application on the grounds of the access being extremely dangerous.  He stated that if members were minded to approve the application he would support it being deferred for further negotiations over an access via Kinforde as this would not cause any traffic problems.

The Committee was then addressed by Louise Allen in objection to the application.  Her comments included the following:

·         She objected to the application on the grounds of highway safety;

·         The photographs shown by the Planning Officer were not accurate as there were always parked cars along the road;

·         There was no path outside of her property and the access was not good;

·         There was a more suitable access on the other side between the two nearby bungalows.

The Applicant’s Agent, Paul Dance, commented that he had worked with the Planning Officer to produce a suitable scheme.  He referred to the access being used in a more intense manner in the past and could also be used a lot more with its present use.  He stated that there had been no highway objection to the scheme and that the suggested alternative access route was not owned by the applicant.  He did not feel that 3 car movements out per day would cause a significant issue.  The proposed dwelling had been redesigned to satisfy the issue of overlooking.  He confirmed that the applicant was agreeable to the proposed conditions.

The Ward Member, Councillor Jenny Kenton commented that the proposed location was a brownfield site suitable for use but had concerns over the access being totally unsuitable.  She commented that the Committee was unable to consider the other access.  She also had concerns over there being no pavement and that the access from the property was straight onto a dog leg.  She had requested that the application be considered by the Area West Committee because of the highway issue.

During discussion, varying views were expressed by Members.  Comments raised included the following:

·         The issue of there being no footpath was not a planning consideration;

·         It was difficult to refuse the application on highway grounds because of the existing lawful use;

·         A deferral was not possible as the other land was not in the ownership of the applicant;

·         The access was severely sub-standard in terms of the width and was not safe;

·         There were no issues of overlooking;

·         The parked cars slowed the traffic down and made it safer;

·         It was a very dangerous exit onto a busy road.

The Legal Services Manager referred to the 2014 application being refused under delegated authority due to overlooking and that members should bear in mind in their assessment that the application had come back with no issues of overlooking.  The issue of the neighbouring right of way was not a material consideration to be taken into account in relation to this application.

It was proposed and seconded to approve the application as per the Planning Officer’s recommendation outlined in the agenda report.  On being put to the vote, the proposal was carried 7 in favour and 3 against.

RESOLVED:

That Planning Application No. 15/00373/FUL be APPROVED as per the Planning Officer’s recommendation for the following reason:

01.       It is considered that the proposed development would be in keeping with the character and appearance of the area, cause no demonstrable harm to residential amenity, highway safety or the setting of the listed buildings in accordance with the aims and objectives of policies TA5, TA6, EQ1, EQ2, EQ3 and EQ7 of the South Somerset Local Plan and the National Planning Policy Framework.

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 not be carried out otherwise than in complete accordance with the following approved plans: drawing nos. HNDH3AP1, HNDH3AP2, HNDH3AP3, HNDH3AP4, HNDH3AP5, HNDH3AP6 and HNDH3AP7 received 27 January 2015 and 2 February 2015                                             

Reason: For the avoidance of doubt as to the development authorised and in the interests of proper planning.

03.       The development hereby permitted shall not be commenced unless particulars of the materials (including the provision of samples where appropriate) to be used for the external walls, windows, doors, eaves detailing, rainwater goods, boarding, lintels and roof have been submitted to and approved in writing by the Local Planning Authority.

Reason: In the interests of visual amenity, in accordance with policies EQ2 and EQ3 of South Somerset Local Plan (Adopted March 2015).

04.       The area allocated for parking and turning on drawing no. HNDH3AP4 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: In the interests of highway safety, in accordance with policies TA5 and TA6 of South Somerset Local Plan (Adopted March 2015).

05.       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 the dwelling without the prior express grant of planning permission.

Reason:  In the interests of visual amenity and residential amenity in accordance with policies EQ2 and EQ3 of South Somerset Local Plan (Adopted March 2015).

06.       The development hereby permitted shall not be commenced unless 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 visual amenity in accordance with policies EQ2 and EQ3 of South Somerset Local Plan (Adopted March 2015).

07.       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 and roof lights, or other openings (including doors) shall be formed at first or second floor level in the dwelling hereby permitted without the prior express grant of planning permission.

Reason: In the interests of visual and residential amenity in accordance with policies EQ2 and EQ3 of South Somerset Local Plan (Adopted March 2015).

08.       The development hereby permitted shall not be commenced unless surface water drainage details to serve the development have been submitted to and agreed in writing by the Local Planning Authority. Such approved details shall include soakaways and they shall be completed and become fully operational before the development is first used. Following its installation such an approved scheme shall be permanently retained and maintained thereafter.

Reason: In order to manage surface water run-off and flood risk from the development, in accordance with policy EQ1 of the South Somerset Local Plan and chapter 10 of the National Planning Policy Framework.

 09.      No means of external lighting or other illumination shall be installed on the dwelling hereby approved or within the garden unless details of such lighting have been submitted to and approved in writing by the Local Planning Authority. Such approved details, once carried out shall not be altered without the prior written agreement of the Local Planning Authority.

Reason: To safeguard the character and appearance of the area and to avoid unnecessary light pollution, in accordance with policies EQ2 and EQ7 of the South Somerset Local Plan and the National Planning Policy Framework.

10.       The rooflights hereby approved on the rear elevation shall be installed at a minimum cill height of 1.6m.

Reason:  In the interests of residential amenity in accordance with policy EQ2 of South Somerset Local Plan (Adopted March 2015).

11.       In the event that contamination is found at any time when carrying out the approved development it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken, and where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the Local Planning Authority. This must be conducted in accordance with DEFRA and the Environment Agency's 'Guiding Principles for Land Contamination'.

Reason: In order to mitigate any pollution or harm to health or safety, in accordance with policies EQ2 and EQ7 of the South Somerset Local Plan (Adopted March 2015) and the National Planning Policy Framework.

12.       The windows hereby approved shall have a balanced design (with equal sized panes of glass) and external horizontal bars not internal strips.

Reason: In the interests of visual amenity, in accordance with policies EQ2 and EQ3 of South Somerset Local Plan (Adopted March 2015).

(Voting: 7 in favour, 3 against)

 

Supporting documents: