Agenda, decisions and draft minutes

To receive any apologies for absence and notification of substitutions.

There were no apologies for absence.

To approve the minutes from the previous meeting.

Resolved that the minutes of the Planning Committee - South held on 28 May 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 )

Councillor Evie Potts Jones declared a Non-Registrable Interest in Item 5 Planning Application: 22/00765/OUT as her parents owned land near to the site.  She confirmed that she would leave the meeting when the item was considered.

Councillor Peter Seib advised that relating to Planning Application: 23/02871/OUT he had previously had involvement with a charity which owned land at the site however they had now transferred ownership to the Somerset Community Foundation.  Therefore he had no interest in the site.

Councillors Jason Baker, Sue Osborne and Martin Wale noted that as previous District Councillors they had been members of the Regulation Committee which had determined Planning Application: 23/02871/OUT.  They confirmed that they would view the current application and information afresh with an open mind. 

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 17^th July.

There were no public questions from members of the public present at the meeting.

To consider an outline planning application for residential development of up to 70 dwellings with associated works (details of access to be determined).

Resolved:

That planning application 22/00765/OUT for the outline planning application for residential development of up to 70 dwellings with associated works (details of access to be determined) at Scotts Nurseries (Merriott) Ltd, Higher Street, Merriott, Somerset, TA16 5PL be APPROVED as per the officer recommendation, the following reason:

The Council's lack of a five-year housing land supply lends significant weight when considering the planning balance. In this case, the site is located in a sustainable location with access to a range of services and facilities and would result in the effective re-use of previously development land. The proposal is not considered to result in such a significant and adverse impact upon visual amenity, residential amenity, highway safety, flood risk/drainage or ecology/biodiversity as to justify a refusal of planning permission. Therefore, in terms of the 'planning balance', it is considered that there are no adverse impacts that would 'significantly and demonstrably' outweigh the benefits of providing up to 70 dwellings in this sustainable location. The proposal is considered to be in accordance with Policies SD1, SS1, SS2, SS4, SS5, SS6, HG3, TA1, TA4, TA5, TA6, HW1, EQ1, EQ2, EQ4, EQ5 and EQ7 of the South Somerset Local Plan 2006-2028, and the aims and objectives of the NPPF.

Approve subject to conditions and a Section 106 that secures the following obligations:

1.            The provision of affordable housing,

2.            Contribution towards the provision of sport, play, open space and strategic facilities. 

3.            Highway infrastructure and works.

4.            Education contribution

5.            Travel Plan

6.            Management of Public Open Space

7.            NHS Contributions

8.            Phosphate mitigation strategy

(voting:6 in favour, 5 against and 1 abstention )

The Planning Officer presented the application as detailed in the agenda report and with the aid of a Powerpoint presentation to highlight key elements of the proposal including:

·       Site location.

·       An indicative masterplan.

·       A reminder that this was an outline application with all matters reserved except access. 

·       Details of the 3 proposed vehicle and cycle access points.

·       The proposed net developable area and the area within the site which did not form part of the application.

·       The Tree Preservation Orders and Listed Buildings within the site.

·       The benefit of providing housing and affordable housing.

·       The proposal was within the direction of growth in the Local Plan.

She referred to the key considerations being the principle of development, Design, Landscape and Heritage, Residential Amenity, Highways, Ecology and Phosphates.

The application was recommended for approval subject to conditions and the prior completion of a section 106 planning obligation to secure affordable housing and contributions towards education and the NHS and other contributions as set out in the agenda report.

Two members of the public addressed the committee in objection to the application.  Their comments included the expected road use around the site, the narrow roads, blind corners, on street parking limiting the road to single width, other recent developments also using the roads and poor visibility at the access sites.

A representative of Merriott Parish Council referred to planning policy SS2 relating to the hierarchy of a rural settlement. He said the housing needs of the village were already met by other proposed developments.  The site was not registered as a brownfield site and it could be sold to a garden centre group.

The Division Member, Councillor Jo Roundell Green said the site was previously a garden nursery which had been derelict for some time.  She noted that Policy SS4 restricted sites of development in rural settlements to 1ha to protect the character of the community however, the site was 3.15ha in size.   The 3 access roads were inappropriate onto rural roads, there was no doctors surgery in the village.  She asked that the application be refused.

The Agent for the Applicant then addressed the committee. He advised that since the closure of the business in 2009 the buildings had fallen into disrepair.  The application had been planned for a number of years to include a landscape and ecology scheme and would deliver genuine green spaces.  They had worked closely with planning officers to address their concerns and so there were no technical objections to the application. 

In response to questions from Members, the Planning Officer advised;-

·       The contributions to leisure facilities would include a play area

·       The pond was an attenuation feature and would be dealt with in the Reserved Matters application.

·       Of the definition of previously developed land from the National Planning Policy Framework.

·       The proposed height of the development varied between 2 to 3 stories but this would be detailed at Reserved Matters.

·       The application was submitted prior to the requirement to achieve 10% biodiversity net gain.  Only a  ...  view the full minutes text for item 14.

To consider an application for outline planning permission for the development of up to 60 residential dwellings (Use Class C3), together with associated highways and drainage infrastructure, public open space and landscaping. Details of access are submitted for approval with all other matters (Layout, Scale, Appearance and Landscaping) reserved for later approval.

Resolved:

That planning application 19/00655/OUT for the outline planning application for the development of up to 60 residential dwellings (Use Class C3), together with associated highways and drainage infrastructure, public open space and landscaping. Details of access are submitted for approval with all other matters (Layout, Scale, Appearance and Landscaping) reserved for later approval at Land OS 9609, Brewham Road, Bruton be DEFERRED for the following reason:

01.      To seek further highway assessment regarding concerns over the proposed pedestrian safety mitigation and off site highway works

(voting: 11 in favour, 1 against)

The Planning Officer presented the application as detailed in the agenda report and with the aid of a Powerpoint presentation highlighted the key elements of the proposal including:

·       Site location

·       Proposed plans

He confirmed the application had previously been approved by the South Somerset District Council Regulation Committee subject to a S106 agreement.  The application had been held up by the phosphate mitigation issues and so the decision notice had not been issued.  The applicant had now purchased phosphate credits and additional conditions to mitigate phosphates from the site.  Contributions towards the NHS had been agreed and would be added to the Section 106 Agreement. 

He referred to the key consideration being the principle of the development as established by the decision of the SSDC Regulation Committee, drainage, highway safety and efficiency, pedestrian infrastructure and the agreed NHS contributions. 

The application was recommended for approval subject to conditions and additional conditions as set out in the agenda report and the amended Section 106 Agreement.

Three members of the public addressed the committee in objection to the application.  Their comments included potential breaches of the Equalities Act, the European Convention of Human Rights and the Road Traffic Act, the number of objections raised, cumulative impact with other developments, narrow footpaths and pedestrian safety.

A representative of Bruton Town Council referred to the dangerous site access and the highway consultant engaged by the Town Council on the previous application determined.

The Division Member, Councillor Lucy Trimnell, spoke in opposition to the application.  She said the roads would not cope with the additional traffic which the site would generate, pedestrian safety was already an issue and the Local Lead Flood Authority drainage condition was concerning with run-off into the river Brue.

The Agent for the Applicant noted the application had previously been granted consent and the phosphate mitigation scheme now agreed through a package treatment plant and phosphate credits was an acceptable solution.

The Planning Officer noted that the Highways Officers had confirmed that the off-site highway works were suitable and the installation of pavements and traffic calming measures making priority access were acceptable to them. 

The Legal Officer reminded the Committee that the application had previously been approved by the South Somerset District Council Regulation Committee and their decision was a material consideration.

In response to a question, the Lead Specialist for Planning confirmed that although the Committee were determining the application afresh, the previous decision of the South Somerset District Council Regulation Committee in November 2019 was a material consideration.  Because the decision had not been issued the time constraint on the Reserved Matters application had not started.

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

·       The application was as determined previously with the addition of 2 conditions to secure phosphate mitigation and the additional NHS contribution secured by the Section 106 Agreement.

·       Changes to the NPPF did not affect consideration of the application.

·       The Highway Authority were satisfied that the tracking swept path analysis worked. 

During debate  ...  view the full minutes text for item 15.

To consider an outline application with access to be determined and all other matters reserved, for the residential development of the land for up to 65 dwellings and safeguarding of land for a new GP Practice; alongside public open space, a drainage scheme and associated works. 

Resolved:

That planning application 20/02297/OUT for the outline planning application with access to be determined and all other matters reserved, for the residential development of the land for up to 65 dwellings and safeguarding of land for a new GP Practice; alongside public open space, a drainage scheme and associated works at Land North of Brewham Road, Bruton be DEFERRED for the following reason:

01.         To seek further highway assessment regarding concerns over the proposed pedestrian safety mitigation and off site highway works

(voting: 10 in favour. 1 against and 1 abstention)

The Planning Officer advised that as the Committee had deferred the previous application: 19/00655/OUT Land OS 9609, Brewham Road, Bruton to seek further highway advice regarding concerns over the proposed pedestrian safety mitigation and off-site highway works, they may consider also deferring this application as the off-site mitigation was identical. 

Councillor Tom Power proposed to defer the application to seek further highway advice regarding concerns over the proposed pedestrian safety mitigation and off-site highway works and this was seconded by Councillor Sue Osborne. On being put to the vote, the proposal was carried by 10 in favour, 1 against and 1 abstention.

Resolved:

That planning application 20/02297/OUT for the outline planning application with access to be determined and all other matters reserved, for the residential development of the land for up to 65 dwellings and safeguarding of land for a new GP Practice; alongside public open space, a drainage scheme and associated works at Land North of Brewham Road, Bruton be DEFERRED for the following reason:

01.          To seek further highway advice regarding concerns over the proposed pedestrian safety mitigation and off site highway works

(voting: 10 in favour. 1 against and 1 abstention)

To consider an outline application with all matters reserved except for means of access for the erection of up to 60 dwellings with public open space, landscaping, sustainable drainage system and vehicular access point.  

Resolved:

That planning application 23/02871/OUT for the outline planning application with all matters reserved except for means of access for the erection of up to 60 dwellings with public open space, landscaping, sustainable drainage system and vehicular access point at Land Off Tintinhull Road, Coppits Hill, Yeovil, Somerset, BA21 3PW be DEFERRED for the following reason:

01.To seek further highway assessment regarding concerns over the proposed pedestrian safety mitigation and off site highway works.

(voting: 9 in favour, 2 against )

The Planning Officer presented the application as detailed in the agenda report and with the aid of a Powerpoint presentation to highlight key elements of the proposal including:

·       Site location.

·       An indicative site plan.

·       This was an outline application with all matters reserved except access. 

·       Details of the proposed village green, play area and attenuation pond.

·       A Grampian condition was proposed to tie the proposed Traffic Regulation Order linked to the Brimsmore development to the east of the site to this development which would extend the 30mph limit.

·       A pedestrian crossing had been secured by the Section 106 agreement on the adjacent Brimsmore development site.

She referred to the key considerations being the principle of development, five year housing land supply, landscape impact, access, visibility and crossing, surface water attenuation and phosphates.

The application was recommended for approval subject to conditions and the prior completion of a section 106 planning obligation as set out in the agenda report.

A member of the public addressed the committee in objection to the application.  His stated that the housing already granted permission nearby should be built first to assess its impact upon the area, the proposed development would create another junction onto a curving road in close proximity to the Brimsmore development and residents had to cross the busy A37 to reach the bus stop.

The Agent for the Applicant then addressed the committee. He advised that the site was owned by the Somerset Community Foundation and the proceeds from the sale if permission was granted, would be used to provide education bursaries or fund education facilities around Yeovil.  The site had good access to services and facilities and would provide 35% affordable housing.  The site would achieve biodiversity net gain and nutrient neutrality.  They had worked closely with the Lead Local Flood Authority to ensure flooding would not occur on site or elsewhere.  There were no statutory objections and the applicant had agreed to the conditions and Section 106 agreement.

In response to questions from Members, the Planning Officer advised;-

• The land was Grade 2 agricultural land
• Neither the Brimsmore Key Site to the south of the development or the development site were allocated for development in the Local Plan
• The loss of the agricultural land had been balanced and justified against the need for housing in a sustainable location.
• The Grampian condition only required that the proposed Traffic Regulation Order linked to the Brimsmore development to the east of the site was completed, not the whole development of that site.
• A pedestrian access from the site to the public right of way from the Key Site to the South of the site could be negotiated with the developer at the Reserved Matters stage.
• The footpath from the site would only be on the northern side of the road and it would link to the proposed pedestrian crossing.
• It was assumed that the larger Brimsmore development would be commenced prior to this site as the Traffic Regulation Order was required.
• The pedestrian  ...  view the full minutes text for item 17.

Members noted the appeal decisions.