Agenda, decisions and minutes

To receive any apologies for absence and notification of substitutions.

Apologies were received from Councillors Kathy Pearce, Hilary Bruce and Alistair Hendry.

To approve the minutes from the previous meeting held on Tuesday 26 March 2024 as a correct record of the meeting.

Resolved that the minutes of the Planning Committee - North held on 26 March 2024 be confirmed as a correct record.

To receive and note any declarations of interests in respect of any matters included on the agenda for consideration at this meeting.

(The other registrable interests of Councillors of Somerset Council, arising from membership of City, Town or Parish Councils and other Local Authorities will automatically be recorded in the minutes: City, Town & Parish Twin Hatters - Somerset Councillors 2023 )

Cllr B Filmer declared an Other Registerable interest in respect of applications 24/23/00016 and 06/23/00013 as he was the Division Member but had taken no part in discussions on the applications. He also confirmed that whilst  he had taken part in the referral process in respect of application 06/23/00013. he retained an open mind. He also declared an Other Registrable Interest as a member of the Internal Drainage Board.

Cllr T Grimes declared an Other Registerable interest in respect of applications 24/23/00016 and 06/23/00013 as he was the Division Member but had taken no part in discussions on the applications.

Cllr B Bolt declared an Other Registerable interest in respect of application 36/23/00011 as he was the Division Member but had taken no part in discussions on the application.

Cllr M Murphy declared an Other Registerable interest in respect of application 11/23/00101 as he was the Division Member but had taken no part in discussions on the application.

Cllr M Martin declared an Other Registerable interest in respect of applications 26/22/00003 and 26/22/00005 as he was the Division Member and had received correspondence on the application but had taken no part in any discussions on the applications and remained un-predetermined.

Cllrs A Bradford declared Other Registrable Interests as a member of the Internal Drainage Board and the Quantock Hills Partnership but had taken no part in any discussions on the applications.

The Chair to advise the Committee of any items on which members of the public have requested to speak and advise those members of the public present of the details of the Council’s public participation scheme.

For those members of the public who have submitted any questions or statements, please note, a three minute time limit applies to each speaker.

Requests to speak at the meeting at Public Question Time must be made to the Monitoring Officer in writing or by email to democraticservicesteam@somerset.gov.uk  by 5pm on Wednesday 8 May 2024.

No members of the public had registered to speak.

To consider an application for the approval of the details of appearance, landscaping, layout and scale, for the erection of 40no. dwellings – Deferred application from a previous committee.

Resolved:

That planning application 24/23/00016 for the approval of the details of appearance, landscaping, layout and scale, for the erection of 40no. dwellings at land to the north of, Old Bristol Road, East Brent, Highbridge, Somerset, TA9 be APPROVED subject to the conditions listed in the Agenda report.

(voting: 2 in favour, 0 against, 7 abstentions)

The planning officer introduced the application to the Committee with the assistance of a presentation.  She confirmed that this application for the approval of reserved matters had been deferred from 12 March 2024 to allow for confirmation of the Affordable Housing Officer’s comments, location of the affordable housing, consideration of the location of the play space and for some further clarification on drainage matters.

The Committee were addressed by 5 residents and the Parish Council in opposition to the application.  Their concerns included:

·         Sewerage

·         Flooding from the site

·         LEAP not suitable overlooked

·         Land ownership of the verges and access to the site

·         That the Affordable Housing Managers’s objections had not been rescinded

The Committee were addressed by the agent who explained that they had reviewed the location of the affordable housing and the LEAP and that the boundary would now have metal railings.

In response to some of the issues highlighted by speakers and questions from members the planning officer advised the Committee that:

§  The Housing Enabling Team, now that the Affordable Housing Manager no longer worked for the Council, had confirmed that they were happy with the updated layout.

§  The foul sewer connection agreement was usually sorted out once development commenced. But under condition no. 23 of the outline application occupation of the properties could not commence until it had been agreed.

§  Comments had recently been received from the Internal Drainage Board who were now happy with the 9m easement and the access to the green and they were satisfied with the discharge rates from the surface water network. They had some concerns over the easement provided between the development and the ordinary watercourse and how that would be managed by the maintenance company.

§  Whilst land ownership, construction access and footpaths all fell outside the remit of this reserved matters application.

§  Officers had no evidence that the land ownership issues could not be overcome.

§  Refuse and recycling vehicles would still access the development should the roads not be adopted.

§  The Parks and Open Space Team and the Designing Out Crime Officer have now confirmed that they are happy with the amended proposals for the LEAP.

Members discussed the application and raised their concerns over the land ownership issues and the potential stalemate that could lead to properties being built that could not be occupied that would then become an enforcement issue. The Committee, whilst wishing that land ownership issues could be resolved before construction commenced, acknowledged that unfortunately, this was not part of the application that stood before them. It was proposed by Cllr Bradford and Seconded by Cllr Bolt to support the officer recommendation to grant permission.

Resolved:

That planning application 24/23/00016 for the approval of the details of appearance, landscaping, layout and scale, for the erection of 40no. dwellings at land to the north of, Old Bristol Road, East Brent, Highbridge, Somerset, TA9 be APPROVED subject to the conditions listed in the Agenda report.

(voting: 2 in favour, 0  ...  view the full minutes text for item 104.

To consider an application for the Demolition of buildings and the erection of 11no. new residential units in association to existing care home (revised scheme).

Resolved:

That planning application 11/23/00101 for the demolition of buildings and the erection of 11no. new residential units in association to existing care home (revised scheme) at Beaufort House, 7 Rectory Road, Burnham On Sea, Somerset, TA8 2BY be REFUSED for the following reasons:

1.     The proposed development by virtue of its height, scale, proximity to the boundaries and massing would represent an overdevelopment of the site and would not adequately reflect the existing character and appearance of the existing building or the wider site. The proposed contemporary design and choice of materials would have a detrimental visual impact upon the character of the site and the surrounding area and fails to meet the requirements of Policy D2 of the Sedgemoor Local Plan in respect of its design and scale.

2.    The proposal located directly on the east and south boundaries of the site, which are shared with existing residential properties along Rectory Road would by virtue of the scale and massing of the building, the height of the structure and close proximity to the shared boundaries result in a detrimental impact on the rear elevations and private amenity spaces of neighbouring dwellings resulting in loss of light, restriction of outlook and visual domination to the extent that residential amenity would be significantly harmed.

The development would therefore be contrary to Policies D2 and D25 of the Sedgemoor Local Plan.

3.    The proposal as submitted would occupy an area of hardstanding previously used for parking and would result in an increase in the number of persons living on the site. Insufficient information has been provided to demonstrate that, as a result of the development, the site could adequately accommodate the level of car parking required to serve the needs of those using the site. Therefore, the proposal is contrary to Policy D14 of the Sedgemoor Local Plan.

(voting: unanimous)

The planning officer introduced the application to the Committee with the assistance of a presentation.

The Committee were addressed by 3 residents in opposition to the application.  Their comments included:-

·         That the proposal was too close to neighbouring properties

·         Loss of light and overlooking

·         Parking

The planning officer confirmed that Highway’s had not raised any objections or concerns regarding parking.

Members discussed the application and felt that the proposal was an overdevelopment of the site, would be out of character adversely impact the neighbouring properties. They also raised concerns that the reduction of parking spaces would likely result in more staff having to park on the adjacent roads.

It was proposed by Cllr Slocombe and seconded by Cllr Bolt that permission be refused for the reasons they had discussed, the exact wording to be agreed with the Chair.

Resolved:

That planning application 11/23/00101 for the demolition of buildings and the erection of 11no. new residential units in association to existing care home (revised scheme) at Beaufort House, 7 Rectory Road, Burnham On Sea, Somerset, TA8 2BY be REFUSED for the following reasons:

1.     The proposed development by virtue of its height, scale, proximity to the boundaries and massing would represent an overdevelopment of the site and would not adequately reflect the existing character and appearance of the existing building or the wider site. The proposed contemporary design and choice of materials would have a detrimental visual impact upon the character of the site and the surrounding area and fails to meet the requirements of Policy D2 of the Sedgemoor Local Plan in respect of its design and scale.

2.    The proposal located directly on the east and south boundaries of the site, which are shared with existing residential properties along Rectory Road would by virtue of the scale and massing of the building, the height of the structure and close proximity to the shared boundaries result in a detrimental impact on the rear elevations and private amenity spaces of neighbouring dwellings resulting in loss of light, restriction of outlook and visual domination to the extent that residential amenity would be significantly harmed.

The development would therefore be contrary to Policies D2 and D25 of the Sedgemoor Local Plan.

3.    The proposal as submitted would occupy an area of hardstanding previously used for parking and would result in an increase in the number of persons living on the site. Insufficient information has been provided to demonstrate that, as a result of the development, the site could adequately accommodate the level of car parking required to serve the needs of those using the site. Therefore, the proposal is contrary to Policy D14 of the Sedgemoor Local Plan.

(voting: unanimous)

To consider a Habitats Regulations Assessment for Application 36/23/00011

Resolved:

That the Shadow Habitat Regulations Assessment (Cricketer Farm Nether Stowey – Phase 2) be ENDORSED.

(voting: unanimous)

The Committee considered the Shadow Habitat Regulations Assessment.

Resolved:

That the Shadow Habitat Regulations Assessment (Cricketer Farm Nether Stowey – Phase 2) be ENDORSED.

(voting: unanimous)

To consider an application for the erection of 58 dwellings (40% affordable units) with access, landscaping, parking, public open space and associated works.

Resolved:

That planning application 36/23/00011 for the erection of 58 dwellings (40% affordable units) with access, landscaping, parking, public open space and associated works at land at, Cricketer Farm, Cannington Road, Nether Stowey, Bridgwater, TA5 1LL be DEFERRED :

1.     To allow a site visit for members to view the site and its surrounding context relative to the conservation area and listed buildings.

2.    To seek further comments from Conservation and Landscape Officers.

3.    For further consideration of the design of the three storey block of flats.

(voting: unanimous)

The planning officer introduced the application to the Committee with the assistance of a presentation and explained that a housing need assessment undertaken in 2023 identified the need for 23 affordable units comprising of 15 x 1-bed, 4 x 3-bed and 4 x 4-bed units. There was also a right of access through the site that was currently in dispute but as this was a civil matter it did not affect the planning application.

The Committee was addressed by a representative of the Parish Council who raised concerns including the sustainability of the village, road safety and the proposal for three-storey dwelling contrary to their emerging local plan.

The Committee was addressed by the Applicant who explained that they could deliver the 23 affordable homes needed.

Members discussed the application and raised concerns over:

·         The impact of 3 storey building on the surrounding area and particularly on the Quantock Hills Partnership.

·         The comments made by the Landscape and Conservation Officers.

In response the planning officer confirmed that with a revised site plan it might be appropriate to request upsated officer comments.

It was proposed by Cllr Filmer and seconded by Cllr Bolt that the application be deferred to allow a site visit and for updated officer comments to be obtained.

Resolved:

That planning application 36/23/00011 for the erection of 58 dwellings (40% affordable units) with access, landscaping, parking, public open space and associated works at land at, Cricketer Farm, Cannington Road, Nether Stowey, Bridgwater, TA5 1LL be DEFERRED :

1.     To allow a site visit for members to view the site and its surrounding context relative to the conservation area and listed buildings.

2.    To seek further comments from Conservation and Landscape Officers.

3.    For further consideration of the design of the three storey block of flats.

(voting: unanimous)

To consider an application for the erection of 1no. dwelling with works to existing gardener's hut.

Resolved:

That planning application 26/22/00003 for the erection of 1no. dwelling with works to existing gardener's hut at The Walled Garden, Broadmead Lane, Edington, Bridgwater, Somerset be REFUSED for the following reasons:

The proposed introduction of a new dwelling into the confines of the grade II listed walled garden would erode the garden setting of the grade II* listed Edington House and permanently alter the relationship between the house and its former garden.  The proposal would cause irreversible harm to the significance and setting of the heritage assets which is not outweighed by any public benefits and is therefore contrary to policy D26 of the Sedgemoor Local Plan 2011-2032 and paragraphs 201, 205, 206 and 208 of the National Planning Policy Framework.

(voting: unanimous)

The planning officer introduced the applications for both planning permission and for the works to the listed buildings to the Committee with the assistance of a presentation.

The Committee was addressed by 6 objectors to the application.  Their comments included:-

·         Significant harm to Edington House and the listed building

·         The relationship between the house and the garden.

·         Highway concerns

The Committee was addressed by the agent who highlighted the steps taken to reduce the impact of the proposal.

In response to question the planning officer confirmed that Highways were happy with the proposed parking arrangements.

Members, whilst acknowledging the efforts that the applicant had taken to reduce the impact of the proposal, believed that the application would result in harm to the listed buildings and consequently it was proposed by Cllr Slocombe and seconded by Cllr Murphy that the application be refused.

Resolved:

That planning application 26/22/00003 for the erection of 1no. dwelling with works to existing gardener's hut at The Walled Garden, Broadmead Lane, Edington, Bridgwater, Somerset be REFUSED for the following reasons:

The proposed introduction of a new dwelling into the confines of the grade II listed walled garden would erode the garden setting of the grade II* listed Edington House and permanently alter the relationship between the house and its former garden.  The proposal would cause irreversible harm to the significance and setting of the heritage assets which is not outweighed by any public benefits and is therefore contrary to policy D26 of the Sedgemoor Local Plan 2011-2032 and paragraphs 201, 205, 206 and 208 of the National Planning Policy Framework.

(voting: unanimous)

To consider an application for works to listed wall and gardener's hut required in connection with change of use of site to residential.

Resolved:

That planning application 26/22/00005 for the works to listed wall and gardener's hut required in connection with change of use of site to residential at The Walled Garden, Broadmead Lane, Edington, Bridgwater, Somerset be refused for the following reasons:

The proposed introduction of a new dwelling into the confines of the grade II listed walled garden would erode the garden setting of the grade II* listed Edington House and permanently alter the relationship between the house and its former garden.  The proposal would cause irreversible harm to the significance and setting of the heritage assets which is not outweighed by any public benefits and is therefore contrary to policy D26 of the Sedgemoor Local Plan 2011-2032 and paragraphs 201, 205, 206 and 208 of the National Planning Policy Framework.

(voting: unanimous)

Resolved:

That planning application 26/22/00005 for the works to listed wall and gardener's hut required in connection with change of use of site to residential at The Walled Garden, Broadmead Lane, Edington, Bridgwater, Somerset be refused for the following reasons:

The proposed introduction of a new dwelling into the confines of the grade II listed walled garden would erode the garden setting of the grade II* listed Edington House and permanently alter the relationship between the house and its former garden.  The proposal would cause irreversible harm to the significance and setting of the heritage assets which is not outweighed by any public benefits and is therefore contrary to policy D26 of the Sedgemoor Local Plan 2011-2032 and paragraphs 201, 205, 206 and 208 of the National Planning Policy Framework.

(voting: unanimous)

The Committee then adjourned for a 5 minute comfort break and Cllr M Murphy left the meeting.

To consider an application for the demolition of existing amusement arcade and first floor flat and the erection of a new building comprising of amusement arcade at ground floor with six holiday lets and a single replacement flat at first floor alongside associated access, pavement and parking provision.

Resolved:

That planning application 06/23/00013 for the Demolition of existing amusement arcade and first floor flat and the erection of a new building comprising of amusement arcade at ground floor with six holiday lets and a single replacement flat at first floor alongside associated access, pavement and parking provision at Carefree Amusements, South Road, Brean, Burnham On Sea, Somerset, TA8 2RD be APPROVED subject to the conditions listed in the Agenda report.

(voting: unanimous)

The Officer introduced the application with a PowerPoint presentation and the Committee was addressed by the Agent

Members felt that the proposal was an improvement on what was currently there and it was proposed by Cllr Filmer and seconded by Cllr Grimes that the application be approved.

Resolved:

That planning application 06/23/00013 for the Demolition of existing amusement arcade and first floor flat and the erection of a new building comprising of amusement arcade at ground floor with six holiday lets and a single replacement flat at first floor alongside associated access, pavement and parking provision at Carefree Amusements, South Road, Brean, Burnham On Sea, Somerset, TA8 2RD be APPROVED subject to the conditions listed in the Agenda report.

(voting: unanimous)

To receive reports detailing Planning Appeals received and decided between 1 March 2024 and 30 April 2024.

Members noted the planning appeals received.