Meeting documents

SSDC Area West Committee
Wednesday, 20th April, 2016 5.30 pm

Minutes:

Application Proposal: Development of up to 200 residential dwellings (including up to 35% affordable housing), introduction of structural planting and landscaping, informal public open space and children’s play area, surface water attenuation, access points from Forton Road and Tatworth Road and associated works (outline)

 

The Area Lead West introduced the report and with the aid of slides and photographs summarised the details of the application as set out in the agenda.  He advised that this was an outline application and was subject to reserved matters with the exception of the access.  He commented that the principle of the development was acceptable and the site was part of the Chard Plan and would provide a key element of the new strategic road from the A30 to the A358.   He updated that Wessex Water had undertaken an assessment and that further modelling was required.  The Highway Authority had raised a capacity issue but was not severe to warrant refusal.  He advised that the development would also make significant contributions towards the provision of affordable housing, education, sport, play and community facilities.  His recommendation was for approval.

 

In response to members’ questions, the Area Lead West informed members of the following:

 

·         The possible use of photovoltaic panels would be considered at the detailed design stage;

·         Sustainable development conditions could be imposed but not included as part of the Section106 agreement;

·         The scheme did not trigger the development of a new school and the Education Authority had confirmed that additional capacity could be facilitated in the local schools;

·         £1.25m would be set aside to address the school capacity issue;

·         The S106 contribution for education provision would go straight to Somerset County Council. A condition could be included to ensure that the funding was protected for the Chard schools.

 

The Committee was addressed by Sue Wyatt, Paul Ackroyd and Andrew Stoodley in objection to the application.  Comments expressed included the following:

 

·         Concerns in relation to the private water supply that crosses the site and the need for the supply to be rerouted. The pipe was less than a metre deep and would be destroyed by heavy machines;

·         The junction at Chardstock Lane was a ‘blackspot’;

·         Concerns over flooding at Wessex Close;

·         The junction at Forton Lane had no capacity;

·         The need for a sufficient landscaping area between existing houses at Wessex Close and the new houses.

 

The Area Lead West explained that the detailed layout of the scheme would be considered as part of a future planning application.  He advised that the developer would have to address the issue of the private water supply crossing the site and make sure that existing systems would not be affected.  Members were informed that NHS Somerset had been informed about the application but no response had been received.  The response to the Policy Officers on the Chard Plan indicated that the existing medical facilities could cope at the present time.

 

Ward Member Cllr. Jason Baker commented that he was mindful that all three schools were under considerable strain and it was good to hear that money had been set aside to address capacity issues.  He was concerned about the number of houses being built before the addition of a new school.  He also felt that medical facilities needed to be reviewed.  He further commented that the junction at Tatworth Lane had limited visibility was concerned that there could be an increase in accidents.  He questioned whether the drainage/flooding system would be able to cope and referred to the lack of space for playing facilities on the site.  He referred to the Chard Regeneration Plan and although supported the development he felt that it should be deferred until other phases have come forward.

 

During the discussion, a number of comments were made by members including the following:

 

·         There were no objections from statutory consultees in relation to education and health;

·         There were no grounds to refuse the application in relation to highway issues;

·         Concern expressed with regard to sustainability as the two routes into Tatworth were unsafe and you could only get there by car;

·         A request was made for the issue of the private water supply to be included as part of the informatives.  The Area Lead West confirmed that this was acceptable;

·         It was suggested that a representative from Somerset County Council’s Education Department be invited to update Area West members on education provision;

·         The need to include a safe cycleway on the site and links to the Stop Line Way.  The Area Lead West confirmed that this would be considered at the detailed design stage.

 

It was proposed and seconded to approve the application as per the Planning Officer’s recommendation subject to additional information to remind the developer of the private water supply that crosses the site.  On being put to the vote, the proposal was carried by 7 in favour and 2 abstentions.

 

RESOLVED:

That Planning Application No.15/04772/OUT be APPROVED as per the Planning Officers recommendation outlined in the agenda report subject to additional information to remind the developer of the private water supply that crosses the site

 

And subject to:

 

a)         The prior completion of a section 106 planning obligation (in a form acceptable to the Council's Solicitor(s) before the decision notice granting planning permission is issued, the said planning permission to cover the following terms/issues:

1)   The provision of 35% affordable housing;

2)   Contribution towards the provision of sport, play and strategic facilities, including land acquisition costs towards pitches and changing rooms; the scheme shall include 892 square metres of equipped play space and 223 square metres of youth facilities and shall be provided on a single site with 40 metre buffer zones to the facade of the nearest dwelling;

3)   Contribution towards education provision; 

4)   Submission of a Travel Plan; and

5)         Provision and maintenance of 0.78 hectares of informal open space. 

 

for the following reason:

 

01.       This proposed sustainable development is located within part of the Council's designated area for growth in the Chard Plan and will provide much needed market and affordable housing. The development will also make contributions towards education provision, sport, play and community facilities and travel planning. The development will also provide the southern section of the crucial new strategic road link between the A30 and the A358. The site is in a sustainable location within reasonable distance of the town centre accessible by foot, cycle or bus. The proposal is therefore in accord with Policies SD1, SS1, SS4, SS5, SS6, PMT1, PMT2, HG3, TA4, TA5, TA6, HW1, EQ2, and EQ4 of the South Somerset Local Plan (adopted 2015), the Core Planning principles, Chapter 6 and Chapter 7 of the NPPF and the Chard Regeneration Plan.  

           

SUBJECT TO THE FOLLOWING:

 

01.       The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

                       

            Reason: To accord with the provisions of Article 4 of the Town and Country Planning (Development Management Procedure) Order 2010.

 

02.       Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

                       

            Reason:  As required by Section 92(2) of the Town and Country Planning Act 1990.

                       

03.       All reserved matters shall be submitted in the form of one application to show a comprehensive and coherent scheme with respect to design and scale of the dwellings, site layout, plot boundaries, materials, and landscaping.

                       

            Reason: As required by Section 92(2) of the Town and Country Planning Act 1990.

 

04.       The development hereby permitted shall not be commenced until 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.

                       

            Reason: To safeguard the character and appearance of the area to accord with Policy EQ2 of the South Somerset Local Plan.

 

05.       Before the development hereby permitted shall be commenced details of all eaves/fascia board detailing, guttering, downpipes and other rainwater goods shall be submitted to and approved in writing by the Local Planning Authority.  Such details once carried out shall not be altered without the prior written consent of the Local Planning Authority.

                       

            Reason: To safeguard the character and appearance of the area to accord with Policy EQ2 of the South Somerset Local Plan.

 

06.       Before any of the development hereby permitted is commenced details of the internal ground floor levels of the buildings to be erected on the site shall be submitted to and approved in writing by the Local Planning Authority.

                       

            Reason: To safeguard the character and appearance of the area to accord with Policy EQ2 of the South Somerset Local Plan.

 

07.       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 to accord with Policy TA5 of the South Somerset Local Plan.

 

08.       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 to accord with Policy TA5 of the South Somerset Local Plan.

 

09.       The gradients of the proposed drives to the dwellings hereby permitted shall not be steeper than 1 in 10 and shall be permanently retained at that gradient thereafter at all times.

           

            Reason: In the interests of highway safety to accord with Policy TA5 of the South Somerset Local Plan.

 

10.       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 promoting alternative modes of travel to the car in accord with Policy TA3 of the South Somerset Local Plan.

           

11.       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 to accord with Policy TA5 of the South Somerset Local Plan.

           

12.       There shall be no obstruction to visibility greater than 600mm above adjoining road levels in advance of lines drawn 2.4m back from the carriageway edge on the centre line of the access and extending to points on the nearside carriageway edge 43m either side of the access. Such visibility shall be fully provided before the development hereby permitted is commenced and shall thereafter be maintained at all times.

           

            Reason: In the interests of highway safety to accord with Policy TA5 of the South Somerset Local Plan.

           

13.       No work shall commence on the development hereby permitted until details of the proposed junction arrangements onto Forton Road have been submitted to and approved in writing by the Local Planning Authority. The approved works shall be fully constructed in accordance with the approved plans to an agreed specification before the development is first brought into use.

           

            Reason: In the interests of highway safety to accord with Policy TA5 of the South Somerset Local Plan. 

           

14.       In the event that any signs of pollution such as poor plant growth, odour, staining of the soil, unusual colouration or soil conditions, or remains from any 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 (LPA). 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. If the LPA considers it 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 LPA 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, to accord with Policy EQ2 and the NPPF.

 

15.       No removal of any hedge (or part thereof) shall be undertaken until a Method Statement detailing precautionary measures for the avoidance of harm to dormice has been submitted to and approved in writing by the local planning authority.  All hedge removal shall be undertaken in full accordance with the approved Method Statement unless otherwise approved in writing by the local planning authority.

           

            Reason: For the conservation and protection of species of biodiversity importance (dormouse) in accordance with NPPF, and of legally protected species in accordance with Policy EQ4 of the South Somerset Local Plan, and to ensure compliance with the Wildlife and Countryside Act 1981 and The Habitats Regulations 2010.

 

16.       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 development is satisfactorily drained to accord with the NPPF.

 

17.       Prior to commencement of this planning permission, site vegetation clearance, demolition of existing structures, ground-works, heavy-machinery entering site or the on-site storage of materials, an Arboricultural Method Statement and a Tree and Hedgerow Protection Plan shall be prepared in accordance with British Standard 5837: 2012 - Trees in relation to design, demolition and construction and these details shall be submitted to the Council. On approval of the tree and hedgerow protection details by the Council in-writing, a site-meeting between the appointed building/groundwork contractors, the Site Manager and the Council's Tree Officer (Phil Poulton: 01935 462670 or 07968 428026) shall be arranged at a mutually convenient time.  The locations and suitability of the tree protection measures (specifically the fencing & signage) shall be inspected by the Tree Officer and confirmed in-writing by the Council to be satisfactory prior to commencement of the development.  The approved tree protection requirements shall be implemented in their entirety for the duration of the construction of the development and the protective fencing may only be moved or dismantled with the prior consent of the Council in-writing.

           

            Reason: To preserve the health, structure and amenity value of existing landscape features (trees and hedgerows) in accordance with the Council's statutory duties relating to The Town & Country Planning Act, 1990 (as amended)[1] and the following policies as stated within The South Somerset Local Plan (2006 - 2028); EQ2: General Development, EQ4: Bio-Diversity & EQ5: Green Infrastructure.

           

18.       No development shall commence on site until an Environmental 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, estimated number of construction vehicles per day, the location of the constructor's compound both for the parking of construction and contractor's vehicles and storage of materials, the methods/practices for minimising the level of dirt and mud being brought onto the public highway, a scheme to minimise dust 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 to accord with Policy EQ2 and TA5 of the South Somerset Local Plan.     

 

19.       The development herby approved shall be carried out in accordance with the following approved plan:

 

            Drawing number: 6666-L-01 rev A.

           

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

 

20.       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: To protect the amenity of the area to accord with Policy EQ2 of the South Somerset Local Plan.

 

Informatives:

 

01.       Where works are to be undertaken on or adjoining the publicly maintainable highway a licence under Section 171 of the Highways Act 1980 must be obtained from the Highway Authority. Application forms can be obtained by writing to the Traffic and Transport Development Group, County Hall, Taunton, or by phoning 0300 123 2224. Applications should be submitted at least four weeks before works are proposed to commence in order for statutory undertakers to be consulted concerning their services.

 

The fee for a Section 171 Licence is £250. This will entitle the developer to have his plans checked and specifications supplied. The works will also be inspected by the Superintendence Team will be signed off upon satisfactory completion.

 

02.       Noise and dust control

The applicant should take all relevant precautions to minimise the potential for disturbance to neighbouring residents in terms of noise and dust during the construction phases of the development. This should include not working outside regular day time hours, the use of water suppression for any stone or brick cutting and advising neighbours in advance of any particularly noisy works. The granting of this planning permission does not indemnify against statutory nuisance action being taken should substantiated noise or dust complaints be received. For further information please contact the Environmental Health service.

Construction site noise

To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. The applicant is also advised to seek approval for any proposed piling operations.

 

03.       The applicant is advised of the following in the submitted Badger Survey Report (fpcr, 1st October 2015):

 

4.8 It is recommended that further biodiversity enhancements are actioned through the landscape

plan and post development management plan to increase the biodiversity value of the site'.

 

5.3 Badger populations are dynamic and whilst the information included within this report is considered sufficient to assess the potential effects of development proposals, it is recommended that the status of setts is re-assessed prior to detailed design stage and / or the commencement of construction.

 

(Voting: 7 in favour, 2 abstentions)

 

Supporting documents: