Agenda, decisions and minutes

To receive any apologies for absence and notification of substitutions.

Apologies were received from Councillor Jenny Kenton (Councillor Steve Ashton in attendance as substitute) and Councillor Stephen Page.

To approve the minutes from the previous meeting.

Resolved that the minutes of the Planning Committee - South held on Tuesday 25^th February 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 )

There were no declarations of interest received.

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.

We are now live webcasting most of our committee meetings and you are welcome to view and listen to the discussion. The link to each webcast will be available on the meeting webpage, please see details under ‘click here to join online meeting’.

Requests to speak at the meeting under Public Question Time must be made to democraticservicessouth@somerset.gov.uk  by 5pm on the Wednesday prior to the meeting.  For those wishing to speak on an application, requests must be made by 5pm on the Thursday prior to the meeting.

The Chair advised that one member of the public had registered to ask a question under Public Question Time and invited Emma Snead to address the committee. The question, which had been submitted in advance of the meeting was;

My question relates to the news that two King’s Counsel, including one appointed by Somerset Council, have agreed that nutrient neutrality mitigation can be achieved by relying on third party actions, such as Wessex Water’s new treatment facilities designed to remove 17 tonnes of phosphate per year to accommodate future housing growth.  Assuming the Council will want to pursue, with the utmost urgency, this opportunity to unblock the development pipeline, the next issue that needs urgent attention is the slow progress on agreeing section 106 agreements. Outstanding s106 agreements are another major impediment to reaching a 5-year housing land supply in South Somerset – but one largely in the control of the Council itself.   Given this tremendous opportunity, what steps is the South Somerset planning team taking to increase the rate of section 106 review and agreement, to ensure the area reaches a deliverable 5-year housing land supply as soon as possible, and is able to return to plan-based decisions?

The Lead Planning Officer in attendance read a statement in response as follows.

At the Strategic Planning Committee meeting on 17^th March, Cllrs were informed that the awaited KC opinion had arrived and that it would be published shortly.  The legal opinion, jointly commissioned by Somerset Council and Cllr Hobhouse, sought to clarify the position on the extent to which Wessex Water’s investment in WwTW upgrades and associated headroom can be relied upon as mitigation, for the purposes of undertaking an ‘appropriate assessment’ under the Habitat Regulations.  The recording of the meeting and a copy of the legal opinion will be published shortly.  Officers are working through the next steps and collating the evidence required, as advised in the opinion.  At the current time it remains necessary for impacted developments to demonstrate nutrient neutrality and secure the required phosphate mitigation in order to secure planning permission.

In terms of legal resource the Council has secured additional external support to assist with progressing s106 agreements and other legal matters.  However please be aware that this alone will not resolve the Council’s five-year housing land supply position.  The Government’s new standard method, published in December 2024, has resulted in a 41% uplift in Somerset’s housing requirement and this is now a major factor impacting on Somerset’s ability to demonstrate a five-year housing land supply. The Council is working on a new Somerset wide Local Plan to identify sufficient sites to meet the new housing requirement.  It is a high priority of the Council to get a Local Plan adopted as soon as possible so that we can have up to date policies and demonstrate a five-year housing land supply to reduce the risk of speculative housing development.  The production of a Local Plan must follow defined stages as set out by legislation,  ...  view the full minutes text for item 87.

To consider planning application 20/01414/FUL - Erection of 18 dwellings with associated vehicular access, garaging, sustainable drainage, and landscaping at Lampreys Lane, South Petherton, Somerset

Resolved

That Planning application 20/01414/FUL Erection of 18 dwellings with associated vehicular access, garaging, sustainable drainage, and landscaping at Lampreys Lane, South Petherton, Somerset be APPROVED subject to conditions and s106 Agreement, delegated to the Head of Planning in consultation with the Area Chair (South). 

Voting: 11 in favour, 1 abstention.

The Lead Planning Officer presented the planning application, which had been deferred from the previous meeting to allow review of plot 1 in the interests of achieving high quality design and protecting residential amenity. He advised that the agent has since submitted amended plans, and it is now proposed that plot 1 would be occupied by a bungalow and not a 2-storey dwelling.

The application was recommended for approval subject to conditions and s106 Agreement. Delegated to the Head of Planning in consultation with the Area Chair (South).

There were no members of the public registered to speak.

The Chair invited any further questions from members, and following a brief Q&A with the Lead Planning Officer, members debated the application. Members felt reassured that deferral of the application at the previous meeting had resulted in a positive outcome for all concerned, and the division member Cllr Stanton expressed his gratitude for the changes that had been made to the proposals since the last meeting. At the conclusion of the debate Cllr Stanton proposed to move the officer’s recommendation to approve the application. This was duly seconded by Cllr Power and when put to the vote was carried by 11 in favour and 1 abstention.      

Resolved

That Planning application 20/01414/FUL Erection of 18 dwellings with associated vehicular access, garaging, sustainable drainage, and landscaping at Lampreys Lane, South Petherton, Somerset be APPROVED subject to conditions and s106 Agreement, delegated to the Head of Planning in consultation with the Area Chair (South). 

Voting: 11 in favour, 1 abstention.

To consider planning application 24/01203/FUL Demolition of existing agricultural buildings and associated yards and landscape restoration of cleared area; replacement farm buildings and yard area with associated new access link to existing farm track, drainage infrastructure, and landscape works at Manor Farm, Pound Lane, Yarlington, Wincanton, Somerset, BA9 8DG.

Resolved

That Planning application 24/01203/FUL Demolition of existing agricultural buildings and associated yards and landscape restoration of cleared area; replacement farm buildings and yard area with associated new access link to existing farm track, drainage infrastructure, and landscape works be APPROVED subject to the prior completion of a section 106 agreement to secure Biodiversity Net Gain and the stated planning conditions, to be delegated to the Head of Planning in consultation with the Area Chair (South).

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 to highlight key elements of the proposal including: 

• Site location. 

• An indicative masterplan.  

• Surface water drainage and attenuation pond for run off. 

• Technical drawings of the landscaping. 

• Elevations. 

• Detailed Internal layouts of the new buildings. 

• Images of the buildings to be demolished. 

• Hedgerow management plans. 

• Public rights of way in and around the site. 

• The Newt in Somerset visitor information.  

• Yarlington Neighbourhood Plan compliance rationale. 

• Site photographs/viewpoints. 

? 

He advised that 10 members of the committee had attended a site visit on the 19^th and 20^th March. At the conclusion of the presentation, he highlighted the material planning considerations for members, as detailed within the published report.  

? 

The application was recommended for approval subject to the prior completion of a section 106 agreement and the stated planning conditions, to be delegated to the Head of Planning in consultation with the Area Chair (South). 

Several members of the public addressed the committee in objection to the application. Their comments included: 

• Emily Estates does not have a proven need this development. 

• The Council’s biodiversity checklist has not been completed. There is clear evidence of badger sets within 5m of the site.  

• Emily Estates already generate more light than is legally acceptable. 

• A larger herd will exacerbate phosphate issues on the land. 

• The development creates a loss of grade 1 Agricultural land.    

• There are alternative locations for this type of development. 

• The proposed development is in a flood zone and will worsen flood risk for the community. 

• The development will destroy the rural character of the landscape.  

• There will be very little positive impact on the local economy. 

• The proposal does not comply with the Yarlington Neighbourhood plan. 

Several members of the public addressed the committee in support of the application. Their comments included: 

• This will bring a much-needed boost to the agricultural industry in Somerset  

• A new yard will centralise the housing of herds and increase efficiency of the farm, whilst removing farm traffic, noise and other nuisance from the local roads. 

• High standards in animal welfare are at the core of the design for the new yard. 

• This development creates jobs is an opportunity to inspire, educate and train future farmers 

• The proposed development will bring benefits to the community in terms of flood mitigation. 

• Every endeavour that Emily Estates have delivered have been done to the highest standards.   

? 

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The Division Member, Councillor Hobhouse, spoke in support of the application, and advised that he does have a financial interest in the proposal due to his business relationship with the landowner. He asked that the committee consider that the removal of the existing Manor Farm is crucial for the people who live nearby, who have suffered for years with issues from Manor Farm in its current state. i.e flooding, traffic, noise, farm waste.   

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

• Neighbourhood plans are given equal weight to  ...  view the full minutes text for item 89.

To consider planning application 24/00793/FUL Conversion of a range of traditional curtilage listed buildings into 5 dwellings at Land At Manor Farm, Kitchens Lane, Lopen, South Petherton, Somerset, TA13 5JP.

Resolved

That planning application 24/00793/FUL Conversion of a range of traditional curtilage listed buildings into 5 dwellings at land At Manor Farm, Kitchens Lane, Lopen, South Petherton, Somerset, TA13 5JP be APPROVED subject to the stated planning conditions and the prior completion of an appropriate deed securing obligations required to meet nutrient neutrality measures conditions, and an amendment to conditions 21 and 23 as follows:

Condition 21: -

No development shall be carried out until an appropriate Section 106 agreement is entered into by the relevant parties to secure the following nutrient neutrality measures:

1. Provision of evidence that the PTP being used for mitigation has been installed, and the existing septic tank has been decommissioned, prior to occupation of the development, as detailed in the Nutrient Neutrality Assessment and Mitigation Strategy (NNAMS) provided by Halpin Robbins, 14August 2024, and the Shadow Habitats Regulation Assessment provided by Halpin Robbins, 09 October 2024.
2. Provision of a management and monitoring plan for the PTP being used as mitigation – this should show that the PTP will be maintained in perpetuity (80-125years)
3. Provision of evidence that the PTP(s) being installed to serve the development is installed as detailed in the Nutrient Neutrality Assessment and Mitigation Strategy (NNAMS) provided by HalpinRobbins, 14 August 2024, and the Shadow Habitats Regulation Assessment provided by HalpinRobbins, 09 October 2024.
4. Provision of a management and monitoring plan for the PTP(s) being installed to serve the development - this should show that the PTP(s) will be maintained in perpetuity (80-125years)
5. Provision of an implementation, management and monitoring plan for the water saving devices being installed in the Farmhouse to ensure that the water usage is brought down to 120l/p/d, as described in the Nutrient Neutrality Assessment and Mitigation Strategy (NNAMS) provided by HalpinRobbins, 14 August 2024, and the Shadow Habitats Regulation Assessment provided by HalpinRobbins, 09 October 2024. This should show that the water saving devices will be maintained in perpetuity (80-125years) and replaced when needed.

Reason: In the interests of the integrity of a European site, the ‘Favourable Conservation Status’ of populations of European Protected Species and UK protected species, UK priority and habitats listedon s41 of the Natural Environment and Rural Communities Act 2006, and in accordance with Somerset District Council Local Plan - Policy EQ4 Biodiversity and Chapter 15 of the National Planning Policy Framework

Condition 23: -

Prior to progression of any part of the development hereby permitted above damp proof coursing, a landscape scheme shall be submitted and approved in writing by the local planning authority.  The scheme shall include a scaled plan identifying:

a)            All proposed planting, accompanied by a written specification setting out; species, size, quantity, density with cultivation details.

b)            All proposed hardstanding and boundary treatment, including the area adjacent to the parking spaces for barns C,D and E. Details shall include the size/design of any gates, walls and fences

All planting, seeding and turfing comprised within the approved scheme shall be carried out in the first  ...  view the full decision text for item 90.

The Planning Officer presented agenda items 7 (24/00793/FUL) and 8 (24/00794/LBC) together with the aid of a Powerpoint presentation highlighting the key elements of the proposals including:  

• Site location 

• Proposed plans 

• Elevations 

• Existing site photographs 

? 

He advised that these applications were being brought to committee because Somerset Council are the applicants. He confirmed that since the report was published legal advice had been sought, and contrary to what is currently stated in para 3.1, it is recommended that a legal agreement in the form of a deed poll is required, with a reinforcing Grampian condition to ensure that the buyers of the land enter into a S106 agreement that secures the relevant nutrient neutrality obligations. See decision below for full details.   

?There were no members of the public registered to speak.  

? 

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

• Solar PV is not recommended as it would not be in keeping with the rural character and historic setting of the area. 

• The parking can be managed so that residents are parking in designated parking spaces only.  

• The Councils Conservation officer officer has concluded that whilst the concerns raised by the Society for the Protection of Ancient Buildings and the Council for British Archaeology are noted, great weight is given to the views of the Somerset Council Conservation Officer and the conditions recommended will be imposed in the event that permission is granted.  

During debate members were largely supportive of the proposals, and taking the applications in turn;

Planning application 24/00793/FUL Councillor Kerley proposed to move the officer’s recommendation to approve the application, and this was seconded by Councillor Power. On being put to the vote, the proposal was carried by 9 in favour and 1 abstention.

For the associated listed building consent 24/00794/LBC Councillor Seib proposed to move the officer’s recommendation to approve the consent, and this was seconded by Councillor Power. On being put to the vote this was carried by 10 in favour.  

Resolved

That planning application 24/00793/FUL Conversion of a range of traditional curtilage listed buildings into 5 dwellings at land At Manor Farm, Kitchens Lane, Lopen, South Petherton, Somerset, TA13 5JP be APPROVED subject to the stated planning conditions and the prior completion of an appropriate deed securing obligations required to meet nutrient neutrality measures conditions, and an amendment to conditions 21 and 23 as follows:

Condition 21: -

No development shall be carried out until an appropriate Section 106 agreement is entered into by the relevant parties to secure the following nutrient neutrality measures:

1. Provision of evidence that the PTP being used for mitigation has been installed, and the existing septic tank has been decommissioned, prior to occupation of the development, as detailed in the Nutrient Neutrality Assessment and Mitigation Strategy (NNAMS) provided by Halpin Robbins, 14August 2024, and the Shadow Habitats Regulation Assessment provided by Halpin Robbins, 09 October 2024.
2. Provision of a management and monitoring plan for the PTP being used as mitigation – this should show that the  ...  view the full minutes text for item 90.

To consider application 24/00794/LBC - Conversion of a range of traditional curtilage listed buildings into 5 dwellings at Land At Manor Farm, Kitchens Lane, Lopen, South Petherton, Somerset, TA13 5JP.

Resolved

That application 24/00794/LBC Conversion of a range of traditional curtilage listed buildings into 5 dwellings at Land At Manor Farm, Kitchens Lane, Lopen, South Petherton, Somerset, TA13 5JP be APPROVED subject to conditions, as per the officer’s recommendation.

Voting: 10 in favour.

See minutes for agenda item 7.

Resolved

That application 24/00794/LBC Conversion of a range of traditional curtilage listed buildings into 5 dwellings at Land At Manor Farm, Kitchens Lane, Lopen, South Petherton, Somerset, TA13 5JP be APPROVED subject to conditions, as per the officer’s recommendation.

Voting: 10 in favour.

To note the appeal decisions

Members noted the appeal decisions.