Agenda item

To consider an application for demolition of outbuilding and erection of a 1 No. detached dwelling at Weir Lodge, Staplegrove Road, Taunton.

Resolved:

That planning application 38/22/0344 for the demolition of an outbuilding and the erection of 1 No. detached dwelling at Weir Lodge, Staplegrove Road, Taunton be DEFERRED to allow Officers to discuss with the applicant the outstanding phosphate issue and the imposition of planning conditions and, subject to these matters being resolved, to grant the planning permission. In the event that the planning permission has not been granted by the date of the February 2024 meeting of the Planning West Sub-Committee, that the application be reported back to that Committee meeting for further consideration and determination.

(Voting: unanimous in favour)

The Planning Officer introduced the application to the Committee together with Planning Application 37/23/0103LB.   With the aid of a power point presentation, he provided the following comments including:

·       History of the previous permissions granted on the site and confirmed that the existing outbuilding that had already been granted permission for demolition had not yet been demolished.

·       Clarified location of the site set within the conservation area and in relation to listed buildings.

·       Increase in floor level due to proposal located within flood risk zone.

·       Update on the latest phosphates situation in relation to the availability of credits.

·       A further letter in support of the application had also been received.

He referred to the key issues being the harmful impact on the setting of listed building and on the character of the conservation area.  He also highlighted the site was within Flood Zone 3 and that there was no current phosphate solution for the site.   The recommendation was therefore for refusal for both this application and the listed building application 37/23/0103LB.  

Three members of the public addressed the committee. Some of their comments included:

·       Questioned the reason why this application had been brought back to Committee given previous permission had already been granted.

·       Referred to nearby modern estate located opposite the application site and set amongst many listed buildings.

·       Applicant has previous created excellent affordable housing and should support this scheme which would be a huge improvement to the area.

·       Referred to a heritage consultation statement undertaken and its conclusions, which established that any harm to the area was effectively compensated due to the addition of the green space, public benefit and additional housing stock.

The solicitor for the applicant then addressed the committee.  He referred to the previous permission which had been approved by the predecessor authority on condition that phosphate mitigation was dealt with, and planning conditions agreed.  He voiced his disappointment in the time delays, lack of engagement with the planning service and that the applicant has been given a days’ notice that the phosphate credits solution was not available.   He questioned why the application had been brought back to Committee given these circumstances and requested that the application and the listed building application be deferred so that these two outstanding issues could be resolved and then permission be granted in line with the previous Committee decision.

The Solicitor explained to Members the reason why the planning application had been brought back to committee and although this application had previously been considered by the Somerset West and Taunton Planning Committee the listed building application 37/23/0103LB had not.  The Solicitor explained that the Committee was not bound to follow the previous resolution by the SWT Planning Committee.  He also advised on the issue of phosphate credits and explained that, in addition to the Council’s own credit scheme, there were now many private schemes available for developers.

During a lengthy debate several comments were made including:

·       Questioned why the application had been brought back to Committee given no time constraints had been imposed.

·       Felt the application should be deferred to allow Officers and the applicant to agree a resolution of the phosphates issue and the imposition of necessary conditions.

·       Believe consideration of this application was premature and that more time was needed to allow these issues to be resolved, but that a time frame be imposed of approximately 3 to 4 months.

·       The listed building application was a stand-alone application and therefore should be dealt with separately and questioned the reason why the listed building application be deferred when this application runs in parallel to it.

Following a further lengthy discussion, and following advice from the Solicitor, it was then proposed by Councillor Habib Farbahi and seconded by Councillor Steven Pugsley to defer on the basis of the previous Committee’s decision that delegated authority be given to Officers to resolve the phosphate issue and planning conditions and then grant permission if those two issues are resolved, with a timescale until the Planning West Committee of 20 February 2024.

On being put to the vote the proposal was carried unanimously.

Resolved:

That planning application 38/22/0344 for the demolition of an outbuilding and the erection of 1 No. detached dwelling at Weir Lodge, Staplegrove Road, Taunton be DEFERRED to allow Officers to discuss with the applicant the outstanding phosphate issue and the imposition of planning conditions and, subject to these matters being resolved, to grant the planning permission.  In the event that planning permission has not been granted by the date of the February 2024 meeting of the Committee, that the application be reported back to that Committee meeting for further consideration and determination.

(Voting: unanimous in favour)